Certain land uses have been designated as requiring a special use permit (and thereby also requiring site plan review and approval) pursuant to § 211-10 of this chapter. These uses may be permitted in a zoning district subject to specific requirements imposed to assure that the proposed use is in harmony with the Zoning Law and will not adversely affect the neighborhood if these requirements are met. The primary purpose of special use permit review is to ensure that these designated uses are compatible with the surrounding properties and that adverse impacts are avoided or mitigated.
[Added 4-14-2021 by L.L. No. 5-2021]
A special use permit may only be issued for a use that is specifically listed as a use requiring a special use permit in Chapter 211 Attachment 1, Use Regulations, for the zoning district where the use is proposed.
A.
The Planning Board is hereby authorized to approve, with or without conditions, or deny an application for a special use permit in accordance with the procedures of this article for any use identified as requiring such a permit in § 211-10 of this chapter.
B.
If an application is for more than one use requiring a special use permit on a single parcel, the applicant may submit a single application for a group of related special uses that are components of a single project. However, the Planning Board may grant approval for some proposed uses and deny others. For purposes of reviewing an application, all proposed uses on a parcel shall be considered together.
Site plan review in accordance with the requirements and procedures of Article IX, Site Plan Review, is required for all uses that require a special use permit. Such review shall occur concurrently with special use permit review. Separate applications and separate application fees are required for each review.
Notwithstanding any provision of law to the contrary, if a proposed special use permit application contains one or more features which do not comply with the area or dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article X without the necessity of a decision or determination of the Zoning Administrator.
A.
It shall be the duty of the Zoning Administrator to refer applicants to the Planning Board for all uses identified in § 211-10 which require special use permits. Application for a special use permit shall be made to the Planning Board using forms provided by the Zoning Administrator. Applications shall include the following:
(1)
Parcel number, a complete, accurate diagram of the size of the lot and the area of the lot where the special use permit shall apply.
(2)
A detailed drawing of all structures, future or current, with specific measurements of size, number of floors, and specific use of the property to which the special use permit shall apply.
(3)
Detailed information regarding all setbacks, green space, lighting, vegetation, parking, access (roadway), drainage, garbage, hours and days of operation, waste removal from the site, buffer space from neighboring properties and structure design, including the exterior appearance, which shall be established and approved by the Planning Board. All distances shall be exact and described in feet.
(4)
Proof of ownership and the date of purchase of the property where the special use permit is applied for.
(5)
A statement from the local fire and emergency services organizations that they have acceptable access to this location and a source of water is readily available. The requirement of a hydrant to supply ample water, if required, would be the responsibility of the property owner.
B.
The Planning Board may waive or add any requirement for a complete application if it deems such waived or added requirement is appropriate in order to accomplish the purposes of this article and this chapter.
C.
The Planning Board shall determine whether the application is complete for purposes of commencing the formal review process. If an application is determined to be incomplete, the Planning Board shall advise the applicant as to what aspects are lacking or otherwise insufficient. The time frames for holding a hearing or for any Planning Board action shall not commence until the determination by the Planning Board that the application is complete.
D.
The Planning Board shall, at its discretion, be allowed access to the site with the applicant or their designated representative to obtain a physical overview of the property, surrounding properties and the overall zone where the special use is proposed.
The Planning Board shall initiate the New York State Environmental Quality Review Act (SEQRA) process upon its determination that the application is complete unless SEQRA review has already been commenced pursuant to the site plan review process for the same project.
Applications that meet the criteria of General Municipal Law (GML) § 239-m shall be referred to the Warren County Planning Board prior to the Planning Board decision. Applications that meet the criteria of § 239-nn shall be noticed to neighboring municipalities.
A.
The Planning Board shall conduct a public hearing within 62 days from the date an application for a special use permit is determined to be complete.
B.
Public notice of the hearing shall be published in a newspaper of general circulation in the Town at least five days but not more than 30 days prior to the date thereof. If the public hearing on the related site plan application will occur at the same time, only one advertisement specifying both reviews is required.
C.
Such notice shall also be mailed by certified mail to all adjacent and across-the-street landowners at least 15 days but not more than 30 days prior to the public hearing date. If the public hearing on the related site plan application will occur at the same time, only one notice specifying both reviews is required.
D.
In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board shall give notice of the hearing to the Clerk of the municipality by either mail or electronic transmission at least 10 days prior to the hearing, pursuant to General Municipal Law § 239-nn.
After considering the evidence presented at the public hearing and after making any further investigations considered necessary to ensure compliance with this chapter, the Planning Board shall determine whether to grant a special use permit for the proposed use. The Planning Board shall not approve an application unless it first determines that the application meets the following general criteria:
A.
The proposed use shall be in harmony with the general purposes and intent of the Comprehensive Plan and this chapter.
B.
Operation of the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, lighting or other potential nuisance than the operation of any permitted use in the particular district.
C.
The proposed use shall be compatible with and appropriately protect environmental and natural resources, including the environmental and physical suitability of the site for development, and the general landscaping, screening and buffering shall be in character with the surrounding areas.
D.
The risk of fire, flood or erosion and impacts such as emissions of electrical charges, air pollution, light, vibration or noise detrimental to the public health, safety and welfare will be minimized to the maximum extent practicable.
E.
Appropriate screening, landscaping, exterior lighting, signs and architectural designs compatible with the neighborhood will be provided to protect neighborhood properties from any adverse impacts that might result from the proposed use.
F.
Community infrastructure and services, including but not limited to protective services, roadways, garbage collection, schools and water and sewer facilities, are currently or will be of adequate capacity to accommodate the proposed use.
G.
The proposed site possesses adequate soil capacity and natural features to safely support the proposed facilities and structures, including water and sanitary sewer or individual septic services at the site.
H.
There will be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use.
I.
Vehicular and pedestrian traffic patterns associated with the proposed use will be sufficient and appropriately managed for the area involved, including turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provision for pedestrian traffic, capacity of existing roads and minimizing pedestrian-vehicular circulation conflicts.
J.
The proposed use will have safe and efficient off-road parking and loading areas and the interior circulation system will be adequate to provide safe accessibility to all parking spaces and ensure the adequate and safe integration of pedestrian and vehicular movement.
K.
Landscaping will be provided to adequately define street edges, buffer adjacent properties and break up parking areas.
L.
The proposed use will be compatible with the character of the neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage appropriate development of the surrounding area.
M.
The proposed location and height of buildings or structures, walls and fences, parking, loading and landscaping will not interfere or discourage appropriate development of land adjacent to the proposed site or adversely affect its value.
N.
The scale, design and material of the proposed structure(s) will be compatible with existing structures in close proximity to the site.
O.
Development will be situated in a way which respects the site's natural characteristics. Development will be concentrated in those portions of the site that have the most suitable conditions for development while environmentally sensitive areas, such as wetlands, steep slopes, floodplains and unique natural features, will be maintained and preserved.
P.
The existing landscape will be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil.
Q.
The applicant will implement facilities and services to appropriately control any potential nuisances from the operation of the use, such as litter or trash, loitering, crime prevention and any other features or aspects of the operation of the proposed use that may affect the public health, safety and general welfare.
A special use permit shall not be granted until the Planning Board finds that the following additional criteria have been met for certain specific uses:
A.
Storage facility, commercial.
(1)
The use shall be limited to storage of personal property, and any commercial storage or garage, wholesale or retail sales are prohibited.
(2)
The storage facility shall be screened on all sides by a twenty-five-foot-wide landscaped buffer consisting of a densely planted barrier along all four sides of the property, as determined by the Planning Board, which limits the view of the structure(s). Setbacks shall comply with the requirements for the underlying zone.
(3)
The exterior walls of the proposed structure(s) shall be of textured or masonry construction and of neutral tones.
(4)
Storage facility buildings must have a permanent foundation, and the placement of storage containers is prohibited.
(5)
All stored items, including boats, vacant trailers and vehicles, shall be stored inside the storage facility.
The Planning Board shall decide upon the application within 62 days after the close of the public hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board shall be filed in the office of the Town Clerk and the Zoning Administrator within five business days after the decision is rendered and a copy shall be mailed to the applicant.
In rendering its decision, the Board may include conditions reasonably related to the proposed use which are intended to prevent or minimize potential adverse impacts of the proposed use on adjacent property or the surrounding neighborhood. The Planning Board may require the posting of financial security in the form of bond, letter of credit or other instrument in order to ensure that improvements are carried out as specified in the plans and approvals.
Unless otherwise specified or extended by the Planning Board, the special use permit shall expire if the applicant fails to undertake the proposed action or project within one year from the filing date of the Planning Board's decision.
A.
As a condition of granting any special permit, the Planning Board may specify one of the following terms of validity.
(1)
Permanent: allows a specific use to continue indefinitely until the specific use ceases for any reason for a period of six consecutive months.
(2)
Temporary: allows a specific use to continue until a specified date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued. This type shall not be extendable.
(3)
Renewable: allows a specific use to continue until a specific date, unless renewed or extended by the Planning Board for an additional period of time. If not extended, the use shall be permanently discontinued. It is the responsibility of the applicant, and not the Town of Warrensburg or any board, officer or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit. If not extended or renewed prior to the date of expiration, the right to continue such special use shall terminate on such expiration date. An application for the extension or renewal of a renewable special use permit shall be made in accordance with the applicable provisions then applying to special use permits, as if it was an original request.
B.
Any applicant who receives a temporary or renewable special use permit and who decides to proceed with the special use does so with full understanding and acknowledgment that the temporary special use permit has a fixed duration, that all rights to continue that use terminate upon the expiration of the specified time and that a renewable special use permit may not be extended beyond its original term without approval pursuant to this section. In accepting a temporary or renewable special use permit, the permittee acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein.
In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board. This fee is not to exceed $1,000 without notice to the applicant.
A special use permit may be revoked by the Planning Board if it determines that operation of the use is not in conformity with the contents of an application on the basis of which the permit was issued or that there has been a material failure to comply with any of the terms, conditions, limitations or requirements imposed by the permit or as otherwise provided under Article XI, Administration and Enforcement, of this chapter.
All special use permits shall be subject to the provisions of Article XI, Administration and Enforcement, of this chapter.
The terms and conditions of any special use permit may be amended only in the same manner as required to grant a special use permit, following the criteria and procedures of this article. Any enlargement, alteration, or change of use or structure allowed under a special use permit or addition of a new use or structure on a property that received a special use permit shall require an amendment of the special use permit.