A.
Purpose.
(1)
The purpose of this article is to provide greater flexibility
in the placement of certain kinds of uses that are generally compatible
with and complementary to the uses now permitted in the zone yet because
of their unique characteristics require appropriate safeguards to
be imposed.
(2)
This article intends to provide the framework for adequate review
and tighter control of certain uses which have a marked effect on
the surrounding area due to their unusual design, operational characteristics
and intensity, or the amount of traffic, noise, odor, glare, pollution
or other potential adverse impacts they may generate and impose on
the surrounding community.
C.
Authority to grant or deny special uses.
(1)
The special uses listed in this chapter may be permitted, enlarged
or otherwise altered upon authorization by the Planning Board in accordance
with the standards and procedures set forth in this section and such
additional standards as may be set forth for such special uses elsewhere
in this chapter.
(2)
The zoning variance procedure before the Zoning Board of Appeals
shall not be used to acquire authorization to enlarge, modify or otherwise
alter a special use or to amend a preexisting and active special use
permit. Such authorization may be granted by the Planning Board only.
(3)
In permitting a special use or the modification of a special
use, the Planning Board may impose, in addition to those standards
and requirements expressly specified by this chapter, any additional
conditions which the Planning Board reasonably determines are necessary
to protect the best interests, health, safety and welfare of the surrounding
property or the Town of LeRay as a whole. These conditions include
but are not limited to:
(a)
Limiting the intensity of the proposed use.
(b)
Limiting the density of development on site and modifying required
setback, yard and area requirements.
(c)
Controlling the location and number of vehicle access points.
(d)
Limiting the number, size and location of signs.
(e)
Requiring fencing, screening, landscaping or other facilities
to protect adjacent or nearby property.
(4)
In the case of uses existing prior to the effective date of
this chapter and classified in this chapter as special use, any change
in use, lot area or an alteration of structure shall conform to the
requirements pertaining to special uses.
A.
Application requirements.
(1)
If a use is permitted by special use permit, as set forth in
this chapter, the applicant shall make a written application for a
review of completeness and an approval to the Planning Board of the
Town of LeRay on forms prescribed by the Town.
[Amended 8-11-2016 by L.L. No. 4-2016]
(2)
At a minimum, a complete application shall include the following:
(a)
The applicant's name, address and interest in the subject property.
(b)
The owner's name and address, if different from the applicant,
and the owner's signed consent to the filing of the application.
(c)
The street address and legal description of the subject property.
(d)
A complete application for preliminary site plan approval as required by Article XX. The site plan approval process can run concurrently with the special use permit process, if desired by the applicant.
(e)
A written statement addressing the standards relevant to the
proposed use and other regulations pertaining to specific uses as
outlined in this article. Such statement shall specifically describe
how the proposed special use permit relates to and meets each such
standard, whether qualitative or quantitative in nature.
(f)
A map showing the property and all properties within a radius
of 500 feet to the exterior boundaries thereof.
(g)
Plans and elevations necessary to show the proposed development
and other drawings or information necessary to attain an understanding
of the proposed use and its relationship to surrounding properties
as required by this chapter.
(h)
Any additional information which may be required to demonstrate
compliance with any additional standards imposed on the special use
permit by the particular provision of this article authorizing the
special use.
(3)
Applicants may request a preapplication meeting with the Planning
Board Chairman and Community Development Coordinator, or with any
consultants retained by the Planning Board for application review.
(4)
Ten copies of the completed special use permit application and
all required information, plans, drawings and/or renderings shall
be submitted to the Planning Department 12 days prior to the regular
meeting of the Planning Board. Applications may be made by the owner
of the property or his/her duly authorized representative, who shall
attend the meeting of the Planning Board to discuss the application.
[Amended 8-11-2016 by L.L. No. 4-2016]
(5)
The Planning Board Chairman and Planning Department staff or
Town-designated consultants shall, within 10 days of receipt, or such
longer time if agreed to by the applicant, determine if all information
required under this section is included in the application. No application
shall be considered unless all items required as part of the application
are included.
(6)
If the application is deficient or lacking necessary information,
the Planning Department staff shall provide the applicant with a written
statement listing the missing information. No refund of application
fees shall be made, but no additional fees shall be required upon
submittal of the additional information unless it causes a material
change in the application.
(7)
Upon submission of the missing information, the Planning Department
shall transmit the application to the Planning Board and Town Clerk,
and the application shall be placed on the agenda of the next available
Planning Board meeting.
B.
Fee. Every application for a special use permit shall be accompanied
by a fee which shall be set by resolution from time to time by the
Town Board of the Town of LeRay.
C.
Public hearing on special use application.
(1)
Within 62 days of the receipt of a complete application for
special use permit, the Planning Board shall convene to review and
consider said application. Within the same sixty-two-day period, the
Planning Board shall schedule and hold a public hearing on the application.
(2)
Notice shall be given by first-class mail to property owners
within 1,000 feet of the property boundary, and published in the Town's
official newspaper, no less than five yet not more than 20 days before
any hearing. Compliance with this subsection shall not be a condition
precedent to proper legal notice, and no hearing or action taken thereon
shall be deemed invalid or illegal because of any failure to mail
the notices provided for in this section.
(3)
Notice of the project shall also be given, when applicable,
to the Jefferson County Planning Board, if required by General Municipal
Law §§ 239-l and 239-m, and to adjoining Towns under
General Municipal Law § 239-n.
(4)
The public hearing may be combined with public hearings on any
environmental impact statement or requested variances.
(5)
Upon receipt of the report of the recommendation of the County
Planning Board, the holding of the public hearing, and the completion
of the SEQRA process, and within 62 days of the public hearing, the
Town Planning Board shall approve, conditionally approve, or disapprove
the special use permit application. The time in which the Planning
Board must render its decision may be extended by mutual consent of
the applicant and the Planning Board.
D.
Notification of action.
(1)
The decision of the Planning Board on the application shall
be filed in the office of the Town Clerk within five business days
after such decision is rendered, and a copy thereof shall be mailed
to the applicant.
(2)
The Planning Board shall notify the applicant for a special
use permit in writing with the Board's decision within five days after
the decision has been rendered.
(3)
A copy of the meeting minutes from said meeting mailed to the
applicant shall constitute proper notice.
(4)
In the event of disapproval, the Planning Board's written notice
must include a description of the rationale and reasoning in support
of such disapproval, with specific references to portions of this
chapter or other chapters of the Town of LeRay Code that were utilized
in determining the deficiency of the application.
A.
Except as may be provided elsewhere in this article, each special
use permit application shall meet the following standards:
(2)
In order to grant any special use, the Planning Board shall
find that the request is in harmony with the general purpose and intent
of this chapter and its regulations as stated herein, taking into
account the following:
(a)
The character, function, density, intensity and types of uses
on neighboring property.
(b)
The location and area requirements for land and buildings of
such use.
(c)
The nature and intensity of the operations involved in or conducted
in connection with such use.
(d)
The size of the site in respect to streets giving access thereto.
(e)
Whether or not the proposed use will have a materially adverse
impact upon adjoining and nearby properties.
(f)
Whether or not the proposed use will result in clearly adverse
aesthetic and visual impacts.
(3)
In order to grant any special use, the Planning Board shall
find that the establishment, maintenance or operation of the use applied
for will not, under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working
in the area of such proposed use or be injurious to the property and
improvements in the area or to the general welfare of the Town.
(4)
To the greatest extent practical, proposed special uses shall
avoid any undue adverse impact on the natural, physical, social and
economic resources of the Town.
(5)
The site plan for the property shall be approved in accordance with the provisions of Article XX of this chapter.
(6)
The proposed size, height, architectural character and placement
of new or expanded structures on the site shall be reasonably compatible
with the existing or anticipated buildings on adjacent properties.
(7)
Streets and access facilities serving the site shall be able
to safely accommodate the expected traffic generated by the proposed
use. In addition, the use shall not:
(8)
The proposed use shall not adversely affect the use and enjoyment
of adjacent properties by generating excessive noise, vibration, light,
glare, odors or any other form of pollution, nuisance or public safety
concern.
(9)
The proposed use will be served adequately by essential services
such as streets and highways, off-street and on-street parking, police
and fire protection, stormwater drainage, refuse disposal, water and
sewer facilities, schools and other essential services as determined
by the Planning Board.
B.
Special use permit and site plan approval.
(1)
An applicant shall decide if it wishes to complete the special use permit process concurrently with site plan review as required pursuant to Article XX.
(2)
The Planning Board may rule on an application for a special
use permit independently from an application for site plan review
and approval, with the following conditions:
(a)
Site plan review and approval completed separately from the
special permit process must take place after the special permit process
has been completed and a determination rendered by the Planning Board.
(b)
Site plan review and approval shall be subject to the conditions
of approval for the special permit granted for the property.
C.
Preexisting special uses. Any use lawfully established prior to and
lawfully continuing in existence on the date of adoption of this chapter,
and which is located in a district in which the special use is permitted
under the terms of this chapter shall be deemed a conforming use without
further action, application or review, unless a preexisting special
use permit expires, or unless such use ceases to continue for a period
of more than six consecutive months.
D.
Discontinuance.
(1)
A special use permit shall become void five years after approval,
or after such lesser time as may be specified as a condition of approval
by the Planning Board, unless within that time the owner has obtained
a valid and active building permit from the Jefferson County Fire
Prevention and Building Code Department.
(2)
Such requirement to obtain building permits shall not be required
of Special Use Permits granted for minor and major home occupations.
(3)
No less than 60 days and no more than 180 days prior to the
date of the five-year anniversary of the special use permit, the Zoning
Enforcement Officer shall notice the owners, operators and/or managers
of said property of the pending discontinuance of the special use
permit.
(4)
The special use permit shall expire if an initiated special
use, as approved, ceases activity for a period of more than three
years continuously. This shall include home occupations.
E.
Extension. A special use permit grantee shall not be provided an
extension such that the time required for building construction, alteration
or enlargement to commence exceeds five years.
F.
Modification or revocation of special use permit.
(1)
A special use permit may be modified or revoked by the Planning
Board as set forth below.
(a)
The Zoning Enforcement Officer shall provide legal written notice
to the owners, operators and/or managers of said property stating
that the Town is seeking to modify or revoke a previously approved
special use permit.
(b)
The Planning Board shall schedule a public hearing within 30
days of such notice to the owners, operators and/or managers of said
property.
(c)
The public hearing shall be held to discuss:
[1]
A change in circumstances, conditions or the magnitude of community
impact under which the special use permit was originally granted causing
the need to modify said permit; or
[2]
Whether or not the special permit grantee has violated the terms
and conditions of the special use permit causing the need to revoke
said permit.
(d)
In the event the Town seeks to modify the granted special use
permit, the Town shall be required to explain the changes in circumstances,
conditions or magnitude of community impact related to said operating
special use and provide a recommended remedy.
(e)
In the event of a potential revocation, the special permit grantee
shall be afforded the opportunity to explain and defend its actions
and operations taking place on the property.
(f)
At the closure of said public hearing, the Planning Board shall
render its decision based upon the terms and conditions of the special
use permit and the regulations established within this chapter.
(g)
Within five days of such hearing the Planning Board must notify
the special permit grantee, in writing, of its decision.
(2)
The applicant or any persons may appeal a decision of revocation
or modification made by the Planning Board. An appeal of such decision
shall be to the Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules.
