Under these regulations, special uses are considered to be uses which may be appropriate in the district in which they are located but which possess special characteristics which may pose land use or nuisance concerns or difficulties if controlled only by the district regulation applicable to permitted uses.
Accordingly, such uses are further controlled by a procedure which requires special consideration and may include additional regulations for each such use in order to mitigate any such problems or difficulties and minimize the impact upon the district. Each use warrants consideration as an individual case in the district and on the specific lot on which it is proposed to be located. Granting of a special use permit for a use in a zoning district shall be based on its own unique facts and circumstances and shall not establish any precedent for the granting of a special use permit for the use or any other special permit use on any other lot in the district or in other districts.
Procedures for special use permits.
A request for special use permit shall be submitted on an application form available at the City Building Department office.
Each application shall be accompanied by a fee as established in the fee schedule by the City Council to help defray the cost of handling the application, no part of which is refundable.
Applications shall be submitted to the Zoning Enforcement Officer, who shall then transmit them to the Board of Appeals.
The Board of Appeals shall consider the following general criteria when making a determination for a special use permit:
The physical characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting.
The nature and intensity of operations of the use will not be more objectionable to surrounding properties than those of a permitted use. Examples of measures of potential impacts due to the nature and intensity of development include, but are not limited to, exceeding or affecting capacity of municipal infrastructure and utilities, traffic generation, hours of operation, size and scale, noise, odor, dust, vibration, glare, smoke and environmental hazards.
The use is not in such proximity to a religious facility, school, community center, recreation place, or other prominent place of community activity and public assembly so as to regularly conflict with such other activity and thereby constitute a danger to health, safety or general welfare.
The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
The use makes adequate provision for off-street parking in accordance with this chapter.
The use and the proposed design of the building and other structures and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare or vibration.
The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community. In evaluating cumulative impacts, the Zoning Board of Appeals will consider the proximity of other special permit uses, particularly those similar to the use proposed.
The use will not conflict in any way with the City of Watervliet Comprehensive Plan, Waterfront Revitalization Program, where applicable, and other approved City plans and programs.
Upon the filing of an application for a special use permit, the Zoning Board of Appeals shall set a public hearing within 62 days of when the application was made.
A notice shall be published at least 10 days prior to the hearing in at least one newspaper of general circulation within the City. Each notice shall include the time, date, place, purpose of the hearing and location of the subject proposal.
At least five days before such hearing, the Board of Appeals shall mail notices to the county, metropolitan or regional planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration as defined in § 239-m of the General Municipal Law.
Where the consideration for a special use permit involves land within 500 feet of an adjoining municipality, or from the boundary of any existing or proposed county or state park, or from the right-of-way of any existing or proposed state or county highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county, or state or county-owned land on which a public building is situated, the application shall be referred to the Albany County Planning Board at least 30 days before the public hearing and acted upon in accord with the provision of § 239 of New York State General Municipal Law.
Editor's Note: So in original.
The Zoning Board of Appeals shall not issue a special use permit unless it makes a recorded finding that the proposed use will satisfy the criteria set forth in § 272-77 above. In order to reach positive findings in support of the special use permit, the Zoning Board of Appeals may require conditions of, and/or modifications to, the project. Such conditions must relate to the impact of the project. If the Zoning Board of Appeals does not make a positive finding in support of the special use permit, it shall deny the special use permit. In issuance of such a denial, the record of the Zoning Board of Appeals must address the criteria outlined in § 272-77 above and include the facts and reasons upon which such denial was based.
Within 62 days from the date of any public hearing, the Zoning Board of Appeals shall render a decision. For purposes of this section, a decision shall be deemed "rendered" upon the written permit being signed by the Chairman. Not later than five days following the rendering of the decision of the Zoning Board of Appeals granting or denying the application, the applicant and parties of record shall be notified of the decision in writing. Such written notification shall include the findings of fact for denial or approval, whichever is applicable.
The Board shall file the decision in the City Clerk's office within five business days after the day it is rendered. The Zoning Board of Appeals will also retain in its files a copy of each decision. The files shall be available for inspection by the public.
A special use permit shall pertain only to the specific property for which the application was made. Such granted permit does not apply to any other property the applicant may control.
A special use permit shall be deemed to authorize only the particular special use or uses specified therein.
A conditional special use permit approval shall expire at the end of six months if the conditions have not been satisfied. The Zoning Board of Appeals may, however, consent to an extension of up to six additional months.
A special use permit may be issued as:
A special use permit may be revoked by the Zoning Board of Appeals if the conditions of the special use permit are violated. Prior to a decision to revoke a special use permit, notification shall be provided to the permit holder and a public hearing shall be held using the decision and modification process described above.
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
All special use permits shall run with the land and will be transferred to successive property owners, provided that the permit has not expired and it is not revoked for failure to meet the permit conditions.
A special use permit authorization by the Zoning Board of Appeals for the issuance of a building permit shall expire within 90 days of such authorization in the event that such permit shall not be applied for within such ninety-day period.