This article recognizes that there are certain
uses which, because of their unique or inherent characteristics, cannot
be properly classified in a particular district or districts without
consideration, in each case, of the impact of those uses upon neighboring
land and of the public need for the particular use at the particular
location.
As a matter of original jurisdiction, the Planning
Board shall have the right to issue or deny a special use permit for
each special use listed in the respective districts, as specified
by this chapter and following the requirements set forth herein.
A.
Application. Application for a special use permit shall be filed with the Building Inspector/Code Enforcement Officer. The application shall be accompanied by seven copies of site plans and material as required for preliminary site plan approval. The Building Inspector/Code Enforcement Officer shall transmit six copies of the application, site plans and other material to the Planning Board as required by Article XVII for site plan approval. Special use permits may be issued only for those uses listed as special uses in the district use regulations. An application for a special use permit may be filed by the owner of, or other person having a contractual interest in, the subject property.[1]
B.
Review and public hearing.
(1)
The Planning Board shall review the material submitted and the application under the requirements for preliminary site plan approval as described in Article XVII. In addition, the Planning Board shall hold at least one duly advertised public hearing on the proposed special use. Not less than five days prior to the date of such public hearing, notice shall be placed in a local newspaper stating the time, date and purpose for the hearing. The applicant and all interested parties shall have the opportunity to speak at the public hearing.
(2)
Within 62 days of the public hearing and the receipt
of all necessary information and studies, including environmental
impact statements, if required, the Planning Board shall act to either:[2]
(a)
Tentatively grant the special use permit, subject
to final site plan review and approval;
(b)
Tentatively grant the special use permit with
conditions or modifications to be implemented in the construction
and/or operation of the requested special use and subject to final
site plan approval; or
(c)
Deny the special use permit.
(3)
The Planning Board, in acting to tentatively grant or to deny such special use permit, shall state its reasons for such action, together with any conditions or modifications required, and shall include this as a part of the record. A report stating the action taken and any conditions or modifications required shall be sent to the applicant and the Town Building Inspector/Code Enforcement Officer. A copy of such report shall also be filed with the application. Tentative approval of the special use permit and preliminary site plan authorizes the applicant to proceed to file a final site plan in accordance with the provisions of Article XVII. Final approval of the special use permit shall be subject to final site plan review by the Planning Board under the procedure of this chapter.[3]
(4)
The time within which the authorized board must render
its decision may be extended by mutual consent of the applicant and
the board. The decision of the authorized board on the application
after the holding of the public hearing shall be filed in the office
of the Town Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant.[4]
Prior to the granting of any special use permit,
the Planning Board may impose such conditions and restrictions upon
the establishment, location, construction, maintenance and operation
of the special use as is deemed necessary to secure compliance with
the standards and requirements of this chapter. Such conditions and
restrictions shall be expressly set forth in the special use permit.
Violation of such condition or restriction shall be a violation of
this chapter.
A.
Standards. No special use permit may be granted unless
the Planning Board finds that:
(1)
The establishment, maintenance or operation of the
special use will not be detrimental to or endanger the public health,
safety, morals, convenience or general welfare.
(2)
The special use will not be injurious to the use and
enjoyment of other property in the immediate vicinity for the purposes
already permitted, nor substantially diminish and impair property
values within the neighborhood.
(3)
The establishment of the special use will not impede
the normal and orderly development and improvement of the surrounding
property.
(4)
Adequate utilities, access roads, drainage and/or
necessary facilities have been or are being provided.
(5)
Adequate measures have been or will be taken to provide
ingress or egress so designed as to minimize traffic congestion in
the public street.
(6)
The special use shall, in all other respects, conform
to applicable rules, regulations and ordinances of the Town and be
consistent with any adopted plan or policy of the town.
B.
Additional requirements. In addition to the above
standards for review of special use permits, this chapter specifies
other requirements for certain types of special uses. Such requirements
are listed with specific use regulation.
C.
In addition to the standards set forth in Subsection A, the following standards must be met for special use permits in wetland and/or watercourse areas or their respective buffers.
[Added 4-27-2005 by L.L. No. 9-2005]
(1)
A permit, with or without conditions, may be issued
for any proposed disturbance on a wetland or watercourse area of any
class or in a wetland or watercourse buffer area if it is determined
by the Planning Commission that the activity:
(a)
Would be compatible with preservation, protection
and conservation of the wetland and/or watercourse and its benefits;
and
(b)
Would result in no more than insubstantial degradation
to, or loss of, any part of the wetland and/or watercourse; and
(c)
Would be compatible with the public health and
welfare.
(2)
The applicant shall provide a copy of the joint application
form for either the New York State DEC freshwater wetlands/stream
protection permit or US Army Corps of Engineers Wetlands Permit to
the Town of Rotterdam prior to granting of a special use permit (if
applicable). If the applicant is proceeding under a nationwide permit
(NWP), and the acreage and location of the wetlands/streams lost or
created/preserved as mitigation must be clearly identified on the
subdivision and/or site plan. If preconstruction notification (PCN)
to the District Engineer (DE) is required by the terms of the NWP,
the Town reserves the right to delay final action until the DE completes
the PCN review process.
D.
Special use permits, standards, and requirements for adaptive reuse
of religious and educational buildings.
[Added 6-26-2019 by L.L.
No. 9-2019]
(1)
Subject to all other provisions of this Article XIX, the Planning Board shall be authorized to grant special use permits for adaptive reuse of religious and educational buildings in the Agricultural (A), One-Family Residential (R-1), and Two-Family Residential (R-2) Districts. Issuance of a special use permit for an adaptive reuse of religious and educational buildings shall permit use of an eligible building (as hereinafter defined) for any of the following uses, provided such use or uses occur within the eligible building:
(2)
For purposes of this Subsection D, an "eligible building" shall be any building originally constructed, occupied, and used for religious or educational purposes. Examples of eligible buildings include (but shall not necessarily be limited to) buildings constructed for and used as primary schools, secondary schools, places of worship, school gymnasiums, convents, and rectories. The determination concerning whether a building constitutes an "eligible building" shall be made in writing by the Building Inspector/Code Enforcement Officer, prior to consideration of a special use permit application by the Planning Board.
(4)
Any adaptive reuse of a former religious or educational building permitted hereunder upon issuance of a special use permit shall be subject to site plan review and approval by the Planning Board in accordance with Article XVII of this chapter.
(5)
Provided that all other applicable special use permit standards
and site plan review standards are met, a special use permit for adaptive
reuse of a former religious or educational building may be issued
and site plan approval therefor may be granted notwithstanding that
the size and location of the eligible building on the lot fails to
comply with the minimum lot area, front, side, and rear yard, maximum
building height, or maximum lot coverage requirements otherwise applicable
in the subject zoning district, provided that in the three years prior
to the filing of the special use permit application, the eligible
building, site improvements, and lot lines have not been modified
in a manner that resulted in:
(6)
To the extent any site improvements, site changes, or modifications
or expansions of the eligible building or improvements associated
therewith are proposed that would violate otherwise applicable physical
or dimensional regulations, the special use permit applicant may make
direct application to the Zoning Board of Appeals for one or more
area variances in accordance with New York Town Law § 274-b(3).
(7)
Parking and signage.
[Amended 4-22-2020 by L.L. No. 6-2020]
(a)
Parking. The Planning Board is hereby authorized to modify otherwise
applicable off-street parking requirements based upon competent evidence
received and deemed acceptable by the Planning Board relating to the
parking needs of the proposed adaptive reuse of the former religious
or educational building;
(b)
Signage. The Planning Board shall determine the size and type of
any signage proposed as part of a special use permit and consider
location and setting in its deliberations.
(8)
A special use permit issued hereunder shall be deemed to permit only the particular use or particular combination of uses set forth in § 270-167D(1)(a) through (g) for which such special use permit was issued. Any change, addition, or expansion in the use or combination of uses following issuance of the special use permit shall require a special use permit amendment.
If a use is lawfully established prior to the
effective date of this chapter and it becomes a special use under
the provisions of this chapter, it shall be considered a lawful special
use.
A.
Expiration. In addition to any other provisions set
forth in this chapter relating to expiration of a special use permit,
the following provisions shall apply:
[Amended 12-27-2022 by L.L. No. 1-2023]
B.
Amendments. A special use permit shall be deemed to authorize only the particular use for which it was issued. No special use shall be expanded or added to in any manner unless the special use permit is amended pursuant to the procedures established in this Article XIX.
C.
Effect of denial. No application for a special use
permit which has been denied by the Planning Board shall be resubmitted
for a period of one year from the date of the order of denial, unless
the applicant can provide new evidence or proof of change of conditions
found to be valid by the Planning Board.
