[Amended 9-10-1990 by L.L. No. 5-1990; 3-13-2000 by L.L. No. 4-2000]
Building and construction permits shall be issued as set forth in Chapter 95, Building Construction and Fire Prevention, of this Code.
[Added 8-15-2005 by L.L. No. 3-2005]
A.
Applicability. This section shall apply to any uses that require special permits found in the district regulations in Article VI of the Town of Kingsbury Zoning Local Law. Special permits, as discussed in this chapter, shall also be known as "special use permits," as discussed in New York State Town Law § 274-b.
B.
Declaration of policy and intent. There are certain uses which, by
their inherent nature, present certain problems or difficulties for
neighborhoods in which they might be located. It is the intention
of the Town that these uses should be reviewed, and that their overall
impact on the neighborhood and community character in which they are
proposed to be located should be studied prior to their location in
such neighborhoods. The overall intention of this section is to mitigate
such problems and to minimize, to the extent practicable, such impacts
on the Town's neighborhoods.
C.
Delegation to the Zoning Board of Appeals. In accordance with New York State Town Law § 274-b, the Zoning Board of Appeals is hereby authorized to issue special use permits or special permits as required by the Town of Kingsbury Zoning Local Law. Applications for such permits shall be reviewed in accordance with this § 280-14.
D.
Application. Prior to the commencement of any construction activities
or the use of any property requiring a special permit or special use
permit, the owner, or if not the owner, then the authorized applicant,
shall submit an application on such forms and within such time frames
as may be designated by the Zoning Board of Appeals. The owner or
applicant shall submit such information as required by the Zoning
Board of Appeals. The Zoning Board of Appeals may empower the Code
Enforcement Officer to make preliminary determinations on what information
should be submitted to the Zoning Board of Appeals prior to the application
being placed on the Zoning Board of Appeals agenda. Such authorization
shall not preclude the Zoning Board of Appeals from requesting any
additional information it deems necessary for its review of the application.
An application shall not be deemed complete until all information
requested by the Zoning Board of Appeals has been submitted.[2]
E.
Procedure. The Zoning Board of Appeals shall comply with the requirements
of New York State Town Law § 274-b and the applicable provisions
of the State Environmental Quality Review Act (SEQRA), 6 NYCRR Part
617, the General Municipal Law, and any other applicable laws. If,
during the review of an application, the Zoning Board of Appeals finds
that certain aspects of the proposed use require a review of the technical
plans, and that such review may be better suited for the Town of Kingsbury
Planning Board, the Zoning Board of Appeals may refer the application
to the Planning Board for its comment and for any recommendations
of that Board. To expedite the review, the Zoning Board of Appeals
may limit the time frame within which the Planning Board has to return
its recommendations.
F.
Review standards. Before granting approval on a special permit or
special use permit, the Zoning Board of Appeals shall consider the
following:
(1)
The use shall be of such location, size and character that it will
conform to an appropriate and orderly development of the district
and neighborhood in which it is to be located and will not be detrimental
to the orderly development of neighboring districts and neighborhoods.
(2)
The use will not create undue safety hazards in its own or adjacent
districts or neighborhoods and will not require increased public expenditure
in excess of its value to the Town.
(3)
The use will not create undue traffic congestion, noise, vibrations,
light, stormwater runoff, or air pollution or substantially devalue
neighboring properties.
(4)
A special permit or special use permit shall be granted unless the
Zoning Board of Appeals finds that substantial evidence has been presented
which shows that the negative effects of the proposed use, as evaluated
above, outweigh the benefits of the use to the Town.
(5)
The Zoning Board of Appeals may condition the approval of any special
permit or special use permit on such reasonable conditions that it
finds may mitigate against the potential negative effects on the neighborhood
of the proposed use.
[1]
Editor's Note: Original § 80-12, Use permits, as
amended was repealed 3-13-2000 by L.L. No. 4-2000.
A.
General requirements.
(1)
A certificate of occupancy is required prior to the use of any building
for which a construction permit is required. Upon application within
three months following the effective date of this chapter or any amendment
date subsequent thereto, a certificate of occupancy shall be issued
for continuation on a specified premises of any use existing on that
premises on the aforesaid effective or amendment date.
(2)
Procedure. An application shall be submitted to the Code Enforcement
Officer which shall show compliance with this chapter. It may be submitted
as soon as sufficient progress has been made to show compliance or
at any time thereafter.
[Amended 3-13-2000 by L.L. No. 4-2000]
B.
Temporary certificates of occupancy.
(1)
Temporary certificates of occupancy shall be granted by the Code
Enforcement Officer for a period of six months and renewable for three
additional and successive six-month periods for the following purposes:
[Amended 3-13-2000 by L.L. No. 4-2000]
(a)
For occupancy of a dwelling space less than the minimum specified
for the district pending the construction on the lot of a dwelling
for which a valid construction permit has been approved. Renewal of
a certificate issued under this provision is contingent upon proof
of progress upon the permanent structure.
(b)
For the use of property which does not conform to the specifications
required by this chapter, but which will be brought into conformity
prior to the expiration of the third successive renewal.
(2)
The Board of Appeals may extend the number of renewal periods, provided
that it is shown that unforeseen events prevented the completion of
the project as planned, that termination of the temporary certificate
of occupancy would produce an undue hardship and that the project
will be complete in a reasonable length of time.
(3)
Procedure. The applicant shall submit to the Code Enforcement Officer
an application in the same manner as for a permanent certificate of
occupancy. The application shall include information to justify the
issuance of a temporary certificate of occupancy and show an expected
date of termination.
[Amended 3-13-2000 by L.L. No. 4-2000]
Any person aggrieved over any order, requirement, decision or
determination by an administrative agency pursuant to the provisions
of this chapter may present an appeal for redress to the Board of
Appeals in accordance with the provisions of § 267, Subdivision
2, of the Town Law.
The Board of Appeals shall have the power to vary or modify
the application of the provisions of this chapter where a strict application
produces practical difficulties or unnecessary hardships as authorized
by the provisions of § 267, Subdivision 5, of the Town Law.[1]
[1]
Editor's Note: Original § 80-16, Duration of permits,
which immediately followed this section, was repealed 3-13-2000 by
L.L. No. 4-2000.
