Special use permits are for uses which possess characteristics
that may pose land use or nuisance concerns or other issues. Accordingly,
such uses require special consideration and may include additional
regulations for each such use to mitigate impacts on surrounding properties
and uses. Each use warrants consideration as an individual case in
the district and on the specific lot on which it is proposed to be
located. Granting of a special use permit for a use in a zoning district
shall be based on its own unique facts and circumstances and shall
not establish any precedent for granting of a special use permit for
the use or any other special permit use on any other lot in the district
or in other districts.
All uses of land listed in the Use Table indicated as permitted
with a special use permit shall be allowed upon issuance of a special
use permit by the City Planning Commission.
A.
Site plan approval is required as part of the special use permit
approval process for uses involving new construction, or any land
development activities not specifically exempted by the site plan
review process. Such site plan review shall be carried out in conjunction
with these special use permit procedures.
B.
Sketch plan conference. A meeting shall be held between the Planning
and Community Development Department and the applicant to review the
basic site design concept. Department staff may recommend revisions
or modifications as appropriate to ensure that the proposed development
will be in harmony with the rest of the community and environment.
The applicant shall provide the following:
(1)
Brief description of the proposed project.
A.
A request for special use permit shall be submitted on an application
form available from the City Planning and Community Development Department.
B.
Each application shall be accompanied by a fee as established in
the fee schedule by the City Council.
C.
Applications shall be submitted to the City Planning and Community
Development Department for transmission to the Planning Commission.
A.
The Planning Commission's review of a special use permit shall include,
but not limited to, the following criteria:
(1)
The
proposed use will be consistent with the purposes of this chapter
and the requirements of the zoning district in which it is located.
(2)
The
proposed use's compatibility and consistency with the goals and recommendations
of the City of Watertown Comprehensive Plan, Complete Streets Ordinance
and other approved City plans and programs.
(3)
The
impact on the nature and character of the surrounding neighborhood,
natural environment, historic district or corridor in which it is
located.
(4)
The
overall impact on the site and its surroundings, considering environmental,
social and economic impacts of traffic, noise, dust, odors, release
of harmful substances, solid waste disposal, glare, or any other nuisances.
(5)
Restrictions
and/or conditions on design of structures or operation of the use
(including hours of operation) necessary either to ensure compatibility
with the surrounding uses or to protect the natural resources of the
City.
(6)
The
adequacy and accessibility of essential public facilities and services,
such as streets, parking spaces, police and fire protection, drainage
structures, refuse disposal, water and sewer, and schools.
(7)
The
proposed use's impact on traffic congestion, impairment of pedestrian
safety, or capacity challenges to level of service on existing streets,
considering their current width, surfacing, and condition, and any
improvements proposed to be made to them by the applicant.
(8)
The
impact on adjacent historic resources as formally recognized by the
New York State and Federal Registers of Historic Places.
B.
In reviewing the adequacy of the supplemental or general regulations
as they may relate, the Planning Commission may impose more restrictive
conditions.
A.
Upon determining that the application is complete, the Planning Commission
shall set a public hearing within 62 days.
B.
Notice of the public hearing shall be advertised in the City's official
newspaper or, if there is none, in a newspaper of general circulation
in the City at least five days before the public hearing. In addition,
a copy of the public notice shall be mailed to each applicant five
days prior to the meeting date, and one copy of the notice shall be
mailed to the property owners within 100 feet of the property lines
of the property for which the application applies, including properties
on the opposite side of the street or highway.
A.
The Planning Commission shall not issue a special use permit unless
it makes a written finding that the proposed use will satisfy the
criteria set forth above. In order to reach positive findings in support
of the special use permit, the Planning Commission may require conditions
of, and/or modifications to, the project. Such conditions must relate
to the impact of the project on the surrounding area based on the
criteria outlined above. If the Planning Commission does not make
a positive finding in support of the special use permit, it shall
deny the special use permit. In issuance of such a denial, the record
of the Planning Commission must address the criteria outlined above
and include the facts and reasons upon which such denial was based.
B.
Within 62 days from the date of any public hearing, the Planning
Commission shall render a decision in writing. For purposes of this
section, a decision shall be signed by the Chairperson or the Clerk
of the Planning Commission. Not later than five business days following
the rendering of the decision of the Planning Commission granting
or denying the application, the applicant and parties of record shall
be notified of the decision in writing. Such written notification
shall include the findings of fact for denial or approval, whichever
is applicable.
C.
The Commission shall file the decision in the City Clerk's office
within five business days after the day it is rendered. The Planning
Commission will also retain in its files a copy of each decision.
A.
A special use permit shall be limited to the specific property for
which the application was made.
B.
A special use permit shall be deemed to authorize only the particular
special use or uses specified therein.
C.
A conditional special use permit approval shall expire at the end
of six months if the conditions have not been satisfied. The Planning
Commission may, however, consent to an extension of up to six additional
months.
D.
A special use permit shall expire one year from the date it was granted
if the involved property has not been used for the approved use.
F.
A special use permit may be revoked by the Bureau of Code Enforcement
if the conditions of the special use permit are violated. Prior to
a decision to revoke a special use permit, notification shall be provided
to the permit holder and a public hearing shall be held using the
decision and modification process described above.
G.
Any violation of the conditions of a special use permit or a violation
of any applicable performance criteria of this chapter shall be deemed
a violation of this chapter and shall be subject to enforcement action
as provided herein.
H.
All special use permits shall run with the land and will be transferred
to successive property owners, provided that the permit has not expired,
been revoked and provided that the use has not ceased.
I.
A special use permit shall expire immediately upon the cessation
of the approved use on the involved property.
