The purpose of this article is to set forth procedures and conditions
that apply to certain permitted principal or accessory uses which,
because of size, intensity, or other factors, require special consideration
to ensure that such uses will not adversely affect neighboring properties
or the general welfare of the Village.
A special use permit is required where specified by this chapter and in cases that the requirement for such permit is not prohibited by New York State statute. In addition to meeting the requirements of the Planning Board's special use permit approval under this article, each such special use permit use or building or other structure permitted hereunder shall conform to and comply with all other applicable regulations of this chapter, except as specifically provided otherwise as a condition to the special use permit pursuant to § 305-129G.
A.
The Planning Board of the Village of Cayuga Heights is authorized
to review applications for special use permits for land located in
any zoning district in the Village in accordance with the review procedures
set forth in this article, and following such review, the Planning
Board shall either approve, approve with conditions, or disapprove
proposed special use permits.
B.
If the Planning Board has determined that any requirement of this Article XIX is not required to be satisfied in the interest of the public health, safety or general welfare or is found to be inappropriate to a particular special use permit, the Planning Board has authority to waive such requirement, and such waiver shall be subject to such conditions as the Planning Board determines to impose.
C.
Factors to be considered by the Planning Board in reviewing special
use permit applications shall include, but shall not be limited to,
the following:
(1)
Location and site of the use;
(2)
Nature and intensity of the use;
(3)
Location of the site in respect to road access;
(4)
Provisions for parking;
(5)
Traffic and noise generated by the proposed use;
(6)
Impact of the proposed use on adjacent land uses;
(7)
Impact of the proposed use on the environment;
(8)
Impact of the proposed use on infrastructure and existing Village
services, including sewer, water, stormwater management, solid waste
disposal, fire protection, police protection, and road maintenance;
(9)
Any other factors reasonably related to the health, safety,
and general welfare of Village residents and consistent with the Village's
current Comprehensive Plan.
A.
The applicant for a special use permit shall schedule a pre-application
discussion with the Zoning Officer, at which time the applicant shall
present, in sketch form, the proposed use, and other features and
information necessary to explain and/or supplement the application.
B.
Filing. Subsequent to the pre-application discussion, an applicant shall file with the Zoning Officer a special use permit application and materials conforming to the requirements of § 305-130, together with an application fee as determined by the current fee schedule approved by the Village's Board of Trustees.
C.
Within a reasonable time of receipt of an application for a special
use permit, the Planning Board shall schedule consideration of the
application at its earliest subsequent regularly scheduled meeting.
D.
At the meeting referenced in § 305-129C, the Planning Board shall conduct a preliminary review of the application and, if the application is deemed complete and accepted by the Planning Board for further review, schedule a public hearing on the application within 62 calendar days.
E.
Public hearing. Pursuant to § 305-129D, and prior to rendering any decision on a special use permit application, the Planning Board shall conduct a public hearing.
(1)
Notice of the public hearing shall be published in a newspaper
of general circulation in the Village of Cayuga Heights at least 10
calendar days before such hearing. The Zoning Officer shall also notify
by mail all owners of property contiguous with the property that is
the subject of the special use permit and all owners of properties
within 200 feet of the property that is the subject of the special
use permit, postmarked at least 10 calendar days before the date of
the hearing. Such notice shall briefly state essential facts about
the proposed special use permit and inform recipients of the date,
time, and place of the public hearing and the place where further
information about the special use permit application and the review
process may be obtained. The Zoning Officer shall use for the mailing
address for notices to property owners the address listed for the
owner in the records of the Tompkins County Department of Assessment.
[Amended 6-18-2018 by L.L. No. 4-2018]
(2)
The public hearing for the special use permit may begin concurrently
with any required public hearing for the purpose of environmental
review of the same project in accordance with the State Environmental
Quality Review Act (SEQRA) and may continue after any such environmental
review public hearing is closed.
(3)
The public hearing may be combined with any other public hearing
relating to the same proposal (e.g., site plan approval and special
use permit public hearings may be combined).
F.
Coordination and consultation. Projects requiring special use permit
review by the Planning Board may also be reviewed by the Village's
Chief of Police and Fire Chief, and any other Village officials or
consultants deemed appropriate by the Planning Board. Any comments
from these persons shall be delivered, in writing, to the Planning
Board to aid its decision on the application.
G.
Planning Board action. Within 62 calendar days of the closing of
the public hearing, the Planning Board shall approve, approve with
conditions, or disapprove the special use permit application submitted
for review. The Planning Board may impose such conditions on the approval
of any special use permit application as in its opinion are necessary
and reasonable. If the Planning Board has approved the special use
permit with conditions, such conditions must be satisfied prior to
issuance of a certificate of occupancy. An approved special use permit
will be signed by the Planning Board Chairperson or, in the Chairperson's
absence, such other person who has been authorized by the Planning
Board to sign the permit. After the Planning Board has approved the
special use permit and it has been signed by the Chairperson (or such
other authorized person), one copy of the permit shall be filed, within
five business days of the date of the decision, with the Village Clerk,
and a copy of the filed decision shall be mailed to the applicant.
H.
Variances. Any required variance must be obtained from the Village's
Zoning Board of Appeals before the Planning Board grants special use
permit approval. For projects that require both a variance and special
use permit, the Planning Board will act as lead agency in the environmental
review for both actions. The Zoning Board of Appeals cannot grant
a variance until the Planning Board has completed the environmental
review.
I.
Stormwater Pollution Prevention Plans (SWPPPs). Any stormwater pollution prevention plan associated with a special use permit must be approved by the Village's Stormwater Management Officer in accordance with Chapter 235, Stormwater Management, of the Village Code before the Planning Board will grant special use permit approval.
J.
Extension of deadlines. All deadlines for decisions on a special
use permit may be extended upon mutual agreement between the Planning
Board and the applicant.
A.
The Zoning Officer may require the applicant to submit a site plan
containing the following information:
(1)
A field survey of the boundary lines of the property, made and
certified to by a licensed land surveyor, showing the date, North
point, map scale, the names of all adjacent streets and the name and
address of the record owner;
(2)
The location of any and all buildings, streets, walkways, driveways,
parking areas, trees in excess of four inches trunk diameter at breast
height (DBH), and landscaping;
(3)
A general indication of existing natural features, including
topography, streams, water bodies, ditches, trees and tree masses,
and other significant aspects of the environment;
(4)
Architectural drawings, including exterior elevations and interior
dimensions, of all existing and all proposed improvements on the site;
(6)
Such other information as reasonably required by the Zoning
Officer or the Planning Board.
B.
Additional materials. Depending upon the scope and complexity of
the proposed use, the Planning Board may require the applicant to
submit additional materials. The Planning Board may also require the
applicant to engage the services of licensed design professionals
and other experts such as architects, landscape architects, engineers,
ecologists, traffic consultants or surveyors, including to provide
analysis, studies and reports on various aspects of the proposed use.
C.
All materials provided by the applicant pursuant to the special use
permit must be submitted to the Zoning Officer at least five business
days prior to the Planning Board meeting.
