Town of Poughkeepsie, NY Article XIII.1 Procedures and Standards for Special Use Permit Approval

[Added 7-19-2017 by L.L. No. 13-2017]

§ 210-152.1 Special use permits.

A. Reviewing agency. Pursuant to Town Law § 274-b, Subdivision 2, the Town Board, Zoning Board of Appeals, and the Planning Board are hereby empowered to review and approve, approve with modifications and/or conditions, or disapprove special use permit applications as provided in this chapter.

[Amended 8-2-2023 by L.L. No. 9-2023]

B. General. All uses allowed subject to special use permit approval are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. Special permit uses are specifically declared to be allowed within the district in which they are located, provided the approving agency makes a written finding that the individual case meets the special use permit performance standards of this chapter.

C. Approval required. Where special use permit approval is required by this chapter, no building permit or certificate of occupancy shall be issued by the Building Inspector until such special use permit has been approved by the approving agency as provided herein. In addition, no premises shall be occupied or used and no permanent certificate of occupancy shall be issued until all of the requirements of this chapter, and any conditions of special use permit approval, have been complied with. All uses allowed by special use permit are subject to the requirements for site plan approval unless site plan approval is waived by the Planning Board as set forth herein. Where required as part of a special use permit, site plan review under this chapter shall be conducted contemporaneously with the review of the special use permit application. No authorization is granted for a waiver of the requirement to obtain a special use permit, and no authorization is granted to separate the review of the special use permit from the review of the site plan unless site plan review is otherwise waived by the Planning Board as provided herein.

D. Compliance. All applications for any use allowed subject to the issuance of a special use permit shall be accompanied by an affidavit executed by the owner of subject property that the proposed use will be constructed and operated in accordance with the standards and qualifications hereinafter set forth. The approving agency shall not issue a permit to allow any use subject to the special use permit provisions of this chapter unless said agency first finds that the use, as proposed, shall be in compliance with the standards set forth in this section.

E. Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the Zoning Administrator and/or Building Inspector for a violation of this chapter, the approving agency shall not review, hold public meetings or public hearings, and shall take no action regarding an application for special use permit approval until notified by the Zoning Administrator and/or the Building Inspector that such violation has been cured or ceased by the applicant. However, the approving agency may, upon written recommendation of the Zoning Administrator, review and act on an application involving property for which there is a violation where such application is a plan to cure the violation and bring the property or use of the property into compliance with this chapter.

F. Noncomplying uses deemed prohibited. Any use which is unable to meet the performance standards required in this section, as determined by the approving agency, shall be deemed a prohibited use and a special use permit shall be denied by said agency.

G. Applications. All applications for special use permit approval shall be in writing and on forms and in such quantity as may be prescribed by the approving agency. No application shall be deemed complete until a negative declaration has been issued, or until a draft environmental impact statement has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.

H. Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board. All application fees are in addition to any required escrow fees, and do not cover the cost of environmental review. The applicant shall be responsible for the total cost of environmental reviews that are determined to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA). If the Board requires professional review of the application by designated private planning, engineering, legal or other consultants, or if it incurs other extraordinary expense to review documents or conduct special studies in connection with the proposed application, reasonable fees shall be paid for by the applicant and an escrow deposit will be required pursuant to this chapter.

I. Time of decision. The approving agency shall decide the special use permit application within 62 days after the close of the public hearing, subject to compliance with the requirements of SEQRA and General Municipal Law §§ 239-l and 239-m. In rendering its decision, the approving agency shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the approving agency must render its decision may be extended by mutual consent of the applicant and the agency. The decision of the agency shall be filed in the office of the Town Clerk within five business days of the date such decision is rendered and a copy thereof shall be mailed to the applicant.

J. Time limit. The special use permit approval shall be void if construction or the use is not started within one year of the date of approval. Prior to its expiration, the special use permit approval may be renewed by written request of the applicant for up to two additional ninety-day periods. A special use permit shall be deemed to have expired when the use has ceased for a period of 12 consecutive months.

K. Compliance with SEQRA. The approving agency shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and 6 NYCRR 617.

L. Criteria for allowing special use permits.

(1) General provisions. Special uses are hereby declared to possess characteristics which require that each specific use shall be considered an individual use. Any use for which a special use permit is granted by the approving agency shall be deemed a use permitted in the district in which located, except that for any additional use or enlargement of such use, a separate special use permit shall be required for each addition or enlargement. The proposed special use must meet all the conditions of that use, including basic use regulations specified in this chapter and as the approving agency may apply to any approval.

(2) Required plan. A plan for the proposed development of a site for a special use permit shall be submitted with the application for a special use permit to the approving agency, and such plans shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that may be necessary to determine if the proposed special use meets with the requirements of this chapter.

(3) Basis for deliberation, general provisions. Before issuing a special use permit, the approving agency shall take into consideration the public health, safety and welfare and shall assure itself of the following:

(a) That there shall not be any detrimental effect by the establishment of such use on other uses within the district.

(b) That such use will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls, fences and parking areas will not discourage the appropriate development and use of adjacent lands.

(c) That all structures, equipment and materials shall be reasonably accessible for fire and police protection.

(d) That the use meets the prescribed requirements for the district in which located, including minimum yard requirements for the district in which located or as further specified in this section and including maximum height, required off-street parking and sign regulations.

M. Special permit performance standards. In granting any special use permit, the approving agency shall take into consideration the public health, safety and general welfare of the Town, and the comfort and convenience of the public in general, in the Town and of the immediate neighborhood in particular. The approving agency may require modifications to an application, including submission of alternative design and layout proposals, and may attach reasonable conditions and safeguards on its approval to eliminate or minimize potential impacts on surrounding properties and the community in general as a condition of its approval. Before making a decision as to whether to approve, approve with modifications, or disapprove a special use permit, the approving agency shall give specific consideration to the following standards and the agency is hereby authorized to use its discretion to determine whether one or more of these standards apply to any particular application:

(1) Noise. The maximum noise level at the property line applicable to the use involved shall not exceed the maximum established under Chapter 139 of the Town Code.

(2) Discharge of water. No polluting or objectionable waste shall be discharged into any stream or other natural drainage channel or upon the land that will in any way interfere with the quality, operation or continuation of these natural systems or contribute to their despoliation.

(3) Traffic access. All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade and alignment and visibility; shall be sufficiently separated from street intersections and other places of public assembly; and shall meet other similar safety considerations.

(4) Parking. Adequate off-street parking and loading spaces shall be provided in accordance with the off-street parking and loading requirements of this chapter. Shared parking is encouraged where the peak parking demands of different uses occur at various times of the day. Use of a widely accepted means of projecting demand for shared use, such as the Urban Land Institute's Shared Parking Report, may be employed to demonstrate shared parking effects.

(5) Circulation. The interior circulation system shall be adequate to provide safe accessibility to all required off-street parking, and to provide for the convenience and safety of vehicular, pedestrian, and bicycle movement within the site and in relation to adjacent areas or roads.

(6) Landscaping and screening. All parking and service areas shall be reasonably screened during all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site should be in character with that generally prevailing in the neighborhood. Existing trees 12 inches or more in diameter at breast height (dbh) should be preserved to the maximum extent practical.

(7) Character and appearance. The character and appearance of the proposed use, buildings, structures, outdoor signs, and lighting shall be in general harmony with the character and appearance of the surrounding neighborhood, and shall not adversely affect the general welfare of the inhabitants of the Town.

(8) Historic and natural resources. The proposed use shall be designed and should be carried out in a manner that minimizes impacts to protect historic and natural environmental features on the site under review and in adjacent areas.

(9) Sewage treatment and water supply. The adequacy of available sewage disposal and water supply services supporting the proposed activity or use shall be sufficient to meet the needs of the proposed activity or use. This consideration should be given to both, including, but not be limited to, the suitability of water supply and sanitary sewage facilities to accommodate the intended use, and the adequacy of measures to protect surface water and groundwater from pollution.

(10) Size and scale. The location and size of the proposed use, the nature and intensity of operations involved in or conducted in connection therewith, and the size of the site in relation to the use, its site layout and its relation to existing and future access streets should 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, or conflict with the normal traffic of the neighborhood.

(11) 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.

(12) Additional safeguards and conditions. The Zoning Board of Appeals shall impose additional conditions and safeguards upon the special use permit as may be reasonably necessary to assure continual conformance to all applicable standards and requirements, including temporary limitations and reasonable assurances that these standards and requirements, conditions and safeguards can be responsibly monitored and enforced.

N. Criteria for revocation of special use permits after notice of violation.

(1) The owner of the premises subject to a special use permit shall be afforded a public hearing, upon 10 days' notice, before the approving agency to determine whether or not the special use permit heretofore issued has been violated.

(2) The owner of said property shall be advised, in writing, of the factual allegations which constitute a violation of the terms of the special use permit or of the conditions upon which the special use permit was issued.

(3) The owner of the property shall have the opportunity to appear, with or without counsel, and present witnesses and evidence on his or her behalf.

(4) The Zoning Administrator of the Town of Poughkeepsie or his or her designee shall present the facts and evidence upon which the allegations of the violation of a special use permit or the terms of a special use permit have been violated, with the assistance of the Town Attorney's office.

(5) The approving agency, within 30 days after receipt of the record or the hearing officer's report, shall issue a written decision, which must be adopted by a majority of the approving agency as constituted.

(6) The decision of the approving agency shall be in writing and state whether or not a valid special use permit was issued; whether or not the terms of the special use permit were violated; and whether or not the conditions upon which the special use permit were violated and, in the event of a violation, issue an order revoking the special use permit on a temporary or permanent basis or issue an order effectuating such other remedy that may be appropriate under the circumstances as determined in the discretion of the approving agency.