Special uses for which conformance to additional requirements is mandated by this chapter (see §
43-27 and Tables 43-1 and 43-2) shall be permitted in their respective districts, subject to the satisfaction of the conditions and standards set forth in this section in addition to all other requirements of this chapter. All such special uses are declared to possess characteristics of such unique and special form that each specific special use shall be considered as an individual case. All uses for which a special use permit is required shall also be subject to site plan review as set forth in Article
IX of this chapter.
The approving agency for all special use permits shall be the
Planning Board of the City of Yonkers. However, such permit shall
not be valid nor take effect until the Yonkers City Council approves
the issuance of such permit by an affirmative resolution, as described
herein.
Within 62 days of the receipt of a completed application, unless such time is extended by mutual agreement with the applicant, the Planning Board shall approve, approve with modifications, or disapprove the application. The Planning Board shall approve the application where it finds that the standards of §
43-60 and the standards of §§
43-71 through
43-78, as applicable, have been met. The Planning Board may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards in §
43-60 and the standards of §§
43-71 through
43-78, as applicable. Any changes in the use or site plan of a use of land, buildings or structures which were approved by special use permit under this chapter shall require another special use permit.
Following an approval of a special use permit application by
the Planning Board, a transcript of the Planning Board's public hearing
and a copy of its findings and decisions shall be forwarded to the
Yonkers City Council within 20 days. Within 45 days of receipt of
the Planning Board's decision, the City Council shall approve, disapprove,
or approve with modifications the decision of the Planning Board with
respect to the granting of the special use permit. The decision of
the City Council shall be filed in the office of the City Clerk within
five business days after a decision has been rendered, and a copy
thereof mailed to the applicant.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as are directly related to and incidental
to the proposed special use permit. The Planning Board may require
a performance bond or other such security prior to the issuance of
a building permit to cover the cost of all improvements for which
the special use permit has been granted.
Authorization to depart or vary from any dimensional requirements for the grant of a special use permit, as specified in this article (Article
VII), shall only be granted by the Zoning Board of Appeals as set forth in §
43-86. Authorization to depart or vary from any other requirement for the grant of a special use permit as specified in this article (Article
VII) shall be granted by the Planning Board when compliance with such requirements are found not to be requisite in the interest of the public health, safety and general welfare or inappropriate to a particular special use permit.
The applicant shall provide the following:
A. A completed application form for a special use permit, on prescribed forms to be provided by the Planning Bureau, and in the number of copies prescribed by the Planning Bureau, as well as a narrative section describing the proposed special use's compliance with both the general standards (§
43-60) as well as the individual standards and requirements for certain special uses as provided for in §§
43-71 through
43-78, as applicable.
B. A site plan in accordance with the requirements of Article
IX.
C. A certified check or money order made payable to the "City of Yonkers" in the amount specified in Article
XVI.
Costs incurred by the Planning Board for consultation fees or other extraordinary expenses in connection with the review of a special use permit application may be charged to the applicant, as specified in Article
XVI. The Planning Board may condition the grant of site plan approval or building permits on the payment of such fees in full.
Whenever the development for which a special use permit is being
sought is also subject to such other approval procedures such as variances,
certificates of appropriateness, Design Review Board review or other
requirements of this chapter and other provisions of the City Code,
the approving agencies shall attempt to integrate, as appropriate,
special use permit review, as required in this article, with the procedural
and submission requirements for such other compliance.
A permit for a special use approved by the Planning Board and the City Council pursuant to this Article (Article
VII) shall be deemed to have expired, unless:
A. The lot, or land where no building or structure is involved, shall
have been put into use within 12 months after the date of issuance
of such permit, for the purpose for which such permit was approved.
B. The building or structure for which such permit was approved shall
have been actually begun within 12 months after the date of issuance
of such permit.
C. Except in the case of a planned executive park, the entire building
or structure for which such permit was approved shall have been completed
according to filed plans within three years after the date on which
such permit was granted.
The fees for special use permits are provided in Article
XVI.
In its review of special use permit applications, the Planning
Board and City Council shall comply with the provisions of the State
Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental
Conservation Law and its implementing regulations.
Any person aggrieved by a decision of the Planning Board or
such other designated body or any officer, department, board or bureau
of the City may apply to the Supreme Court for review by a proceeding
under Article 78 of the Civil Practice Law and Rules.
Individual standards and requirements are hereby established for certain special uses (§§
43-71 through
43-78). Special use permits shall only be approved where the applicant can demonstrate compliance with such standards, except as provided for in §
43-57.