Special use permits, as enumerated in Article IV, Zoning District Use Regulations, shall be considered and issued by the Planning Commission in accordance with the specific requirements of this article. Such special use permit shall be conditioned upon a separate approval by the Planning Commission, if required, under the site plan review and approval procedure detailed in Article VIII of this chapter.
The following general standards shall apply to all special permit
uses:
A.
The use shall be so designed, located and operated to ensure protection
of the public health, safety and welfare.
B.
The use shall not cause substantial injury to the economic value
of other property in the neighborhood where it is to be located.
C.
The use shall be compatible with other adjoining development and
the character of the zoning district where it is to be located.
D.
Adequate landscaping and screening shall be fully provided as required
by this chapter.
E.
Adequate off-street parking and loading shall be provided and ingress
and egress shall be so designed as to cause minimum interference with
traffic on abutting streets.
F.
The use shall conform to all applicable regulations governing the
zoning district where it is to be located.
The Planning Commission shall act in strict accordance with
the procedure specified by law and by this chapter in its consideration
of special permit uses:
A.
Concurrent review of special permitted uses and site plan review. In order to facilitate and expedite the development process, all special use permit applications shall include a site plan review application as per Article VIII. The Planning Commission shall first take action on the special use permit request and then proceed to.
B.
Application and fee. Any application for a special use permit shall
be in writing on a form prescribed by the Planning Commission and
shall be accompanied by both the applicable fee in accordance with
the fee schedule established and annually reviewed by the Common Council
and by either a short or full environmental assessment form as required
by SEQRA, Article 8 of the Environmental Conservation Law and Title
6, Part 617, NYCRR. The Planning Commission will consider only complete
applications as determined by the Code Enforcement Officer.
C.
Public notice and hearing. The Planning Commission shall fix a time
and place for a public hearing on any such application for special
use permit and shall provide public notice thereof in the official
newspaper of the City not less than twice, with the initial notice
occurring at least five calendar days prior to the public hearing
and final notice occurring not more than three calendar days prior
to the public hearing. A notice of said public hearing shall be mailed
to the owners of all property abutting that held by the applicant
and all other owners of property within 200 feet, or such additional
distance as the Planning Commission may deem advisable, of the boundaries
of the property for which application has been made.
D.
Required referral. A full statement on any application for special
use permit that meets the referral requirements of § 239-m
of the General Municipal Law shall also be referred to the Montgomery
County Planning Board for its review. No action shall be taken by
the Planning Commission on such application until an advisory recommendation
has been received from the County Planning Board or 30 calendar days
have elapsed since the Board received such full statement.
E.
Decisions. Every decision of the Planning Commission shall be accompanied
by findings and shall be recorded in accordance with standard forms
adopted by the Commission. Every decision shall be by resolution of
the Commission, by majority vote thereof, with each such decision
being filed in the Office of the City Clerk within 10 calendar days
thereof.
F.
Attachment of conditions. The Planning Commission may attach reasonable
conditions and safeguards to the issuance of any special use permit
in order to ensure that the result of its action shall be as nearly
as possible in accordance with the spirit and intent of this chapter.
G.
Expiration of approval. Unless construction or use is commenced and
diligently pursued within six calendar months of the date of issuance
of the special use permit, such special use permit shall become null
and void.
The following additional requirements shall govern the particular
special permit uses cited in this section:
A.
Public buildings and public utility service facilities in residential
districts (LDN, MDN and MRN). Such facilities shall be permitted in
the specified residential districts, provided that:
(1)
All standards of this chapter and other applicable rules and regulations
are fully complied with.
(2)
Such facility is necessary to serve the surrounding residential area
where it is not possible to serve such area from a facility located
in a Light Industrial District.
(3)
Such facility shall not be located on a local residential street,
unless no other site is available, and shall be so located to draw
a minimum of traffic to and through each street.
(4)
The location, design and operation of such facility shall not adversely
affect the character of the surrounding residential area.
(5)
Adequate fences, barriers and other safety devices shall be provided
and shall be landscaped as determined appropriate by the Planning
Commission.
B.
Automobile service (minor or major) or convenience stores (as applicable).
(1)
The minimum lot area shall be 12,500 square feet and the minimum
frontage shall be 100 feet.
(2)
No building shall be erected closer than 20 feet to any street or
lot line.
(3)
Entrance and exit driveways shall have an unrestricted width of not
less than 12 feet nor more than 24 feet, nor be located closer than
10 feet to any lot line nor 20 feet to any street intersection.
(4)
No entrance or exit driveway or parking space shall be located so
as to require the backing of any vehicle into the public right-of-way.
(5)
All vehicle lifts, dismantled automobiles, parts or supplies, goods,
materials, refuse, garbage or other debris shall be located within
a building enclosed on all sides.
(6)
All services or repair of motor vehicles shall be conducted in a
building enclosed on all sides, not to be construed as meaning that
the doors to any repair shop must be kept closed at all times.
(7)
Gasoline or other flammable fluids in bulk shall be stored fully
underground, not closer than 10 feet to any street line or 35 feet
to any other lot line.
(8)
No gasoline pumps shall be located closer than 25 feet to any street
line.
(9)
There shall be at least two paved parking spaces for each service
bay plus one additional space for each employee, with no parking area
provided closer than 10 feet to any lot line.
(10)
The overnight, outdoor parking of vehicles shall be prohibited
except when such vehicles are both properly registered and undergoing
active repair.
(11)
No establishment shall be located within 200 feet of any school,
church, hospital or place of assembly designed for occupancy by more
than 50 persons, said distance to be measured in a straight line between
the nearest points of each of the lots or premises, regardless of
the zoning districts where either premises is located.
C.
Off-street parking lot.
(1)
All off-street parking lots shall comply with the design standards set forth in § 250-39B of this chapter.
(2)
If a nonaccessory parking lot as provided for in § 250-39 of this chapter, the following additional standards shall apply:
(a)
Not less than 30% of the lot area shall be devoted to properly
landscaped and maintained open space.
(b)
Spaces provided shall be in the same ownership as the use to
which they are accessory or irrevocably leased for not less than 20
calendar years. Said owner or lessees shall maintain the required
number of spaces, either throughout the existence of the use to which
they are accessory or until such spaces are provided elsewhere, upon
approval of the Planning Commission.
D.
Mining, excavation and removal of naturally occurring materials in
the LI District.
(1)
Mining and excavation, including loading, hauling and/or processing
of sand, gravel, soil, shale, topsoil and any aggregate material,
provided that:
(b)
A time schedule for completion of either the entire operation
or, if excavation is to occur in stages, of each stage of the operation
is submitted for approval.
(c)
An operations plan, including the number and types of trucks
and other machinery to be used on and off the site, is submitted for
approval.
(d)
A restoration and rehabilitation plan showing both existing
contours and proposed final contours after operations are completed
is submitted for approval.
(e)
A performance bond to assure rehabilitation of the site is posted
in an amount satisfactory to the Planning Commission.
(f)
A buffered area of not less than 150 feet is established between
the operation and the nearest property line.
(g)
In general, such special use permit shall be restricted to an
area not to exceed five acres and to a time period not to exceed two
years.
(2)
All such applications for a special use permit shall be prepared
by a licensed professional engineer and shall be accompanied by further
documentation, as may be required by the Planning Commission.
E.
Landfill or construction debris landfill.
(1)
All required New York State DEC permits and other applicable state
and federal regulations shall be fully complied with prior to the
issuance of a certificate of occupancy for the project.
(2)
No landfill or construction debris landfill may be located within
1,000 feet of any residential property.
(3)
A time schedule, including phasing, shall be submitted.
(4)
An operations plan, including the number and types of trucks and
other machinery to be used on and off the site, is submitted for approval.
(5)
A performance bond to assure rehabilitation of the site is posted
in an amount satisfactory to the Planning Commission.
(6)
All such applications for a special use permit shall be prepared
by a licensed professional engineer and shall be accompanied by further
documentation as may be required by the Planning Commission.
F.
Structure or uses in the Greenway Corridor Overlay (GW-O) Zone. All
uses within the Greenway Corridor Overlay (GW-O) Zone shall be reviewed
for compliance with the following additional standards, as certified
to by a registered architect or licensed professional engineer:
(1)
All structures shall be designed and anchored to prevent flotation,
collapse or lateral movement due to floodwater-related forces.
(2)
All construction materials and utility equipment used shall be resistant
to flood damage.
(3)
Construction practices and methods shall be employed which minimize
potential flood damage.
(4)
All public utilities and facilities shall be located and constructed
to minimize or eliminate potential flood damage.
(5)
Adequate drainage shall be provided to reduce exposure to flood hazards.
(6)
All water supply and sewage disposal systems shall be designed to
minimize or eliminate floodwater infiltration or discharges into the
floodwaters.
(7)
All new residential construction or substantial improvements to residential
structures shall have the lowest floor (including basement) elevated
to at least two feet above the water level of the one-hundred-year
flood.
(8)
All new nonresidential construction or substantial improvements to
such nonresidential structures shall have the lowest floor (including
the basement) elevated to at least two feet above the water level
of the one-hundred-year-flood or, as an alternative, be floodproofed
up to that same water level, including attendant utility and sanitary
facilities.
(9)
No use shall be permitted, including fill, dredging or excavation
activity, unless the applicant has demonstrated that the proposed
use, in combination with all other existing and anticipated uses,
will not raise the water level of the one-hundred-year-flood more
than one foot at any point.
