In all cases where this chapter requires authorization
and approval of plans for a special permitted use by the Planning
Board, the Planning Board shall have the power to grant a permit for
a special permitted use on a particular site, subject to the guiding
principles, standards, conditions and safeguards contained in this
article to the extent applicable and in the manner provided by law.
A. Guiding principles and standards. In authorizing any
use, the Planning Board shall take into consideration the public health,
safety and general welfare and the comfort and convenience of the
public in general and of the residents of the immediate neighborhood
in particular and may attach reasonable conditions and safeguards
as a precondition of its approval. The Board shall consider the following
general objectives:
(1) Such use shall be one which is specifically authorized
as a special permitted use in the district within which such particular
site is located.
(2) For every such special permitted use, the Planning
Board shall make a specific finding that such use will not be prejudicial
to the character of the neighborhood.
(3) For every such special permitted use, the Planning Board shall determine that the provisions of §
140-45C are fully complied with as well as all applicable sections of this chapter and all other applicable ordinances and laws.
(4) All proposed structures, equipment or material shall
be readily accessible for fire and police protection.
(5) The proposed use shall be of such location, size and
character that, in general, it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and will not be detrimental to the orderly development
of adjacent properties in accordance with the zoning classification
of such properties.
(6) In addition to the above, in the case of any use located
in or directly adjacent to a residential district:
(a)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout end its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or inconvenient to or incongruous with said residential
district or conflict with the normal traffic of the neighborhood;
and
(b)
The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings or impair the value thereof.
(7) The provisions of this article shall apply to applications for accessory apartments except as otherwise provided herein or in Article
VII, Chapter
140 of the Village Code.
[Added 3-10-2020 by L.L. No. 5-2020]
B. Procedure.
(1) Application for a permit authorizing a special permitted use shall be made directly to the Planning Board, along with an application for site plan approval according to §
140-45, in the manner required by the Planning Board and with a filing fee as determined by a resolution of the Village Board of Trustees, payable to the Village Clerk.
(2) Applications for special permitted uses shall be submitted
to the Planning Board, which Board shall hold a public hearing within
62 days from the time of receipt by said Board. Notice of the public
hearing shall be published in the official newspaper of the Village
of Harriman at least five days prior to the public hearing. Within
62 days of the public hearing, the Planning Board shall act to approve
or deny the application for the special permitted use. The time limit
in which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board. The decision
of the Planning Board shall within five business days be filed in
the office of the Village Clerk and a copy thereof mailed to the applicants.
The Planning Board shall comply with the provisions of the State Environmental
Quality Review Act under Article Eight of the Environmental Conservation
Law and its implementing regulations.
(3) Where the land involved in any application for a special
permitted use lies within 500 feet of any municipal boundary; existing
or proposed county or state park or other recreation area; right-of-way
of any existing or proposed county or state parkway, thruway, expressway,
road or highway; existing or proposed right-of-way of any stream or
drainage channel owned by the county or for which the county has established
channel lines; or existing or proposed boundary of any county- or
state-owned land on which a public building or institution is situated,
such application, accompanied with the notice of the public hearing,
shall be forwarded by the Secretary of the Planning Board to the Orange
County Planning Department for review in accordance with the provisions
of §§ 239-l and 239-m of Article 12-B of the General
Municipal Law of the State of New York at least 10 days prior to the
public hearing. No action shall be taken by the Planning Board on
such application until the Department's recommendation has been received
or 30 days have elapsed after the Department received the full statement
of the applicant's proposal.
(4) A special permitted use for which a permit is granted
by the Planning Board pursuant to the provisions of this section shall
be construed to be a conforming use.
(5) Upon the granting of a permit for a special permitted
use by the Planning Board, the Secretary of said Board shall transmit
written approval of such use to the Code Enforcement Officer prior
to his issuance of a building permit for the special permitted use.
C. Renewal of permit.
(1) The Planning Board may require that its approval be
periodically renewed. Renewal dates may be stipulated at the time
of original approval of the special permitted use or at such other
time as the Planning Board deems necessary. The Planning Board shall
notify the Code Enforcement Officer in writing at least 15 days prior
to the date of such renewal for the purpose of inspection of the premises.
Such renewal shall be granted following due notice to the property
owners and may be withheld only upon a determination by the Code Enforcement
Officer to the effect that such conditions as may have been prescribed
by the Planning Board in conjunction with the issuance of the original
approval have not been or are no longer being complied with. In such
cases, a period of 60 days shall be granted the applicant for full
compliance prior to the revocation of said approval. Any use authorized
by the Planning Board shall be deemed to be a conforming use in the
district in which such use is located, provided that:
(a)
The provision of this chapter under which such
approval was granted is still in effect.
(b)
Such approval was granted in conformity with
the provisions of this chapter.
(c)
Such approval shall be deemed to affect only
the lot or portion thereof for which such approval shall have been
granted.
(2) Upon granting renewal of this special use permit,
the Planning Board may modify the conditions previously attached to
this special permit based upon the report of the Code Enforcement
Officer or based upon a request of the applicant or upon the Board's
own application. No conditions may be modified without giving the
applicant an opportunity to be heard before the Planning Board.
[Added 6-24-1992 by L.L. No. 3-1992]
(3) Renewals of permits for accessory apartments shall be governed by §
140-43D of the Village Code. The Planning Board may revoke a permit for an accessory apartment in accordance with the provisions of §
140-43D.
[Added 3-10-2020 by L.L. No. 5-2020]
The Planning Board shall have the power to grant
a temporary building permit for a period not to exceed one year for
a nonconforming building, structure or use incidental to a building
or other construction project, including such uses as the storage
of building supplies and machinery and a real estate office located
on a tract of land where individual properties are being offered for
sale, provided that such temporary permit shall be issued only upon
written agreement by the owner or his agent to remove such building
or structure upon expiration of such permit, and further provided
that such permit shall be subject to such reasonable conditions as
said Board shall determine to be necessary to protect the public health,
safety and welfare. Such permit may be renewed annually, at the discretion
of the Board, over a period not to exceed three years.