The Board of Appeals shall consider the following general criteria
when making a determination for a special use permit:
A. 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.
B. 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.
C. 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.
D. 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.
E. The use makes adequate provision for off-street parking in accordance
with this chapter.
F. 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.
G. 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.
H. 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.
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.