A.
Authorization. The Planning Board is hereby empowered and authorized to review and approve, approve with modifications and/or conditions, or disapprove special use permit applications as provided in this chapter pursuant to New York State Town Law § 274-b.
B.
Purpose. The special use permit approval process seeks to ensure that identified special permitted uses are established in a manner that is appropriate and compatible to a site, adjoining properties, the neighborhood, and zoning district. These uses may be permitted if an applicant can demonstrate adherence to the specific regulations contained herein and provide adequate protection to the site, adjoining properties, the neighborhood, and zoning district.
C.
Approval required. Where special use permit approval is required by this chapter, no building permit or certificate of occupancy shall be issued by any of the enforcement officials designated by § 500-83 until such special use permit has been approved by the Planning Board 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. Where site plan review is also required by this chapter, site plan review 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.
D.
Violations. Upon written report or receipt of a notice of violation or an order to cease and desist from the enforcement official for a violation of this chapter, the Planning Board 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 enforcement official that such violation has been cured or ceased by the applicant. However, the Board may, upon recommendation of the enforcement official, 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.
E.
Noncomplying uses deemed prohibited. Any use which is unable to meet the performance standards required in this article, as determined by the Planning Board, shall be deemed a prohibited use, and a special use permit shall be denied by said Board.
F.
Property owners to make application. All applications for special use permits shall be executed by the owner of the subject property authorizing the application and agreeing to be bound by the decision of the Board.
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 Article XI of this chapter. Incomplete applications may be rejected by the enforcement official, its clerks or designees, or the Planning Board. Complete applications shall include:
(1)
Plot plan. An application for a special use permit shall be accompanied by a plot plan for the proposed development of a site for a special use permit. Such plan 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.
(2)
Architectural elevations. An application for a special use permit shall be accompanied by elevation drawings depicting proposed buildings. Where buildings already exist on the site, attention to depicting how new construction shall aesthetically blend with existing construction shall be required.
(3)
Survey map of the property. An application for a special use permit shall be accompanied by an instrument survey map of the subject property.
(4)
Electronic copy. An application for a special use permit shall be accompanied by an electronic copy of the application and attachments upon the request of the enforcement official in acceptable format.
(5)
SEQR forms. An application for a special use permit shall be accompanied by such forms and information necessary to comply with SEQR.
(6)
Fees. An application for a special use permit shall be accompanied by an application fee as set by the Town Board by Town Board resolution. 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 Chapter 266. Except for surplus escrow fees, all application fees are non-refundable.
(7)
Additional information. Where the Planning Board requests additional information, the application will be deemed incomplete until such information is supplied. Should the applicant fail to supply such information, the Planning Board may deny the application or deem it incomplete and abandoned by the applicant.
H.
Public hearing. Within 62 days of receipt of a complete application, the Planning Board shall hold a public hearing. Notice of said hearing shall comply with the provisions of § 500-86.
I.
Time of decision. The Planning Board 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 Board shall approve, disapprove or approve with modifications and conditions the special use permit application. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board 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. Failure of the authorized board to act within 62 days shall be deemed a denial of the application.
J.
Modifications to special use permits. No expansion or modification of a use or its operation that is the subject of a special permit shall be permitted, except through the same process as required for initial approval of the special permit.
K.
Relationship to variances. When necessary, the simultaneous review of a special use permit with an area variance for the same proposed development shall be coordinated among the appropriate reviewing boards.
L.
Waivers compared to variances. Variances involving special use permits [Town Law § 274-b(3)] and waivers involving the review of special use permits [Town Law § 274-b(5)] serve distinct functions. Variances, under Town Law § 274-b(3), address the Zoning Board's power to grant area variances from area requirements associated with special use permits. Waivers, under Town Law § 274-b(5), on the other hand, deal with an authorized board's authorization to waive special use permit requirements. In contrast to a Zoning Board's unconditional grant of authority under § 274-b(3) to entertain area variance applications associated with special uses, an authorized board's power under § 274-b(5) to waive special use requirements must derive from further empowerment by the Town Board. Area variances only involve specific quantitative zoning requirements, such as setbacks, building heights, road frontage requirements, lot dimensions, etc. Special use permit standards which are qualitative, such as adequate landscaping, sufficient accommodation for pedestrian traffic, retention of significant natural features or similar types of local standards, are not subject to variance proceedings.
M.
Scope of waiver empowerment to the Planning Board.
(1)
The Town grants and empowers the Planning Board the authority to waive the following requirements of the special use permit process only:
(a)
One or more of the qualitative standards found in Subsection R of this section, Standards for special use permits, which the Planning Board finds are inapplicable to a particular application.
N.
Criteria for allowing special use permits.
(1)
General provisions. Special use permits are hereby declared to possess characteristics which require that each specific use shall be considered on an individual basis. Any use for which a special use permit is granted by the Planning Board 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 Planning Board may apply to any approval. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a special use permit, any change in use or in lot area or an alteration of structure shall conform to the requirements dealing with special use permits.
(2)
Conditions; additional considerations. In permitting a special use permit or the modification of a special use permit, the Planning Board may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Board considers necessary to protect the best interests of the site, the surrounding property, the neighborhood, the zoning district or the Town as a whole. These conditions may include, by way of example and without limitation, modifying the required lot size or yard dimensions; limiting the height of buildings; controlling the location and number, spacing or location of vehicle access points; increasing the street width; increasing the number of off-street parking and loading areas required; limiting the number, size and location of signs; and requiring diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(3)
A special use permit may be issued as:
(a)
Permanent, except where the permitted use is discontinued for any reason for a period of one year or more.
(b)
Temporary, to cease on a specified date and not to be renewable.
(c)
Renewable within a specified period of time, set by the Planning Board.
(d)
A special use permit may be revoked by the Planning Board if the conditions of the special use permit are violated.
(e)
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this article shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
(f)
All special use permits shall run with the land and will be transferred to the successive property owners, provided the permit has not expired and is not revoked for failure to meet the permit conditions.
(g)
Upon issuance of a special use permit, the applicant shall have one year within which to commence construction of the special use. If said period passes without commencement, the special use permit shall be deemed null and void.
(h)
Renewable special use permits whereupon construction has commenced and substantial investment has been made shall be deemed permanent.
(4)
Basis for deliberation; general provisions. Before issuing a special use permit, the Planning Board shall take into consideration the public health, safety and welfare and shall assure itself of the following:
(a)
That such use will be in harmony with the orderly development of the district and the location, nature and height of buildings, walls, fences, parking areas and other improvements will not discourage the appropriate development, use and enjoyment of adjacent lands.
(b)
That all structures, equipment and materials shall be reasonably accessible for fire and police protection.
(c)
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.
(d)
That the use is listed as a permitted special use in the appropriate zoning district.
(e)
General codes compliance. That the proposed use or structure shall comply with the applicable intent and regulations of this chapter, including the specific zone district in which it is located, and to any other applicable Town, county, state or federal regulations.
(f)
The proposed use shall be consistent with the predominant character of the existing built environment or natural landscape in the neighborhood.
(g)
Consistency with the current adopted Comprehensive Plan goals, objectives and policy statements. The Planning Board shall determine that the proposed special use permit and related land use is consistent with the officially adopted statements in the Town of Chili Comprehensive Plan.
O.
Standards for special use permits. In granting any special use permit, the Planning Board 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 Board may require modifications and/or conditions of approval to an application. Before making a decision on whether to approve, approve with modifications, or disapprove a special use permit, the Board shall give specific consideration to the following standards:
(1)
Preserving and protecting existing development. 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, use and enjoyment of adjacent land and buildings or impair the value thereof. Where proposed commercial development adjoins residentially zoned or developed lands, special attention will be required to screen and preserve the residential viewshed.
(2)
Drainage and stormwater. The proposed use shall be designed to avoid flooding, property damage from flooding and nuisance flooding on the site or other properties.
(3)
Traffic access. All proposed traffic access ways shall be adequate but not excessive in number; shall be 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 and the Americans with Disabilities Act.[1] Provision shall be made for adequate snow storage outside of parking areas.
(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, HVAC, dumpsters, 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 chest height 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)
Lighting and glare. Lighting shall be dark sky compliant. No direct or reflective glare from any lighting or process shall be permitted where such will interfere with traffic safety or the useful enjoyment of adjoining properties.
(9)
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 and in adjacent areas.
(10)
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 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.
(11)
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.
(12)
Emergency services. All proposed buildings, structures, equipment, and/or material shall be readily accessible for fire, police, and other emergency service protection.
(13)
Fire and explosion hazards. All activities involving the storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. Methods of prevention and suppression of these hazards shall be approved by the local officials responsible for fire prevention and public safety.
(14)
Nuisances and objectionable conditions. The proposed use shall not be more objectionable to nearby property owners or occupants by reason of noise, radioactivity, pollution, fumes, vibration, odors, smoke, erosion or lighting than would the operations of a permitted use. The proposed use shall comply with the requirements of this chapter, including without limitation, the prohibition against objectionable conditions at § 500-61.
(15)
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.
(16)
Additional safeguards and conditions. The Planning Board 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, restrictions on hours of operation and reasonable assurances that these standards and requirements conditions and safeguards can be responsibly monitored and enforced. Where certain special use permits enumerated in this article have their own specified standards, the most restrictive standards shall apply.
P.
Criteria for revocation of special use permits after notice of violation.
(1)
The owner of the premises subject to the special use permit shall be afforded a public hearing, upon 10 days notice, before the original approving board 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 enforcement official or his or her designee shall present the facts and evidence upon which the allegations of the special use permit are based. The enforcement official may prepare and present such information with assistance of the attorney for the Town.
(5)
The original approving Board, within 62 days after the close of the public hearing, shall issue a written decision, which must be adopted by a majority of the Board, as constituted.
(6)
The decision of the original approving Board must be in writing and state 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 original approving Board.