A.
Purpose. This chapter is based upon the division of the City into districts. Within each district the use of land and structures are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
B.
Initiation. A property owner, or his/her designee, may file an application to use his/her land for one or more of the special uses authorized within the zoning district. An applicant may only propose a special use for property under his/her control.
C.
Authority. The Planning Board will take formal action on special use applications.
D.
Procedure.
1.
Action by Planning Board.
a.
Within 62 days of the submission of a complete application, the Planning Board will conduct a public hearing on that application.
b.
The Planning Board may request an advisory opinion of the Design Review Board or any administrative department or agency in its evaluation of a special use permit.
c.
The Planning Board must evaluate the application based upon the evidence presented at the public meeting, pursuant to the approval standards of this section.
d.
Site plan review is required as part of special use permit review and approval as follows:
(i)
The Planning Board will conduct site plan review as part of special use approval. Such review may occur concurrent with or subsequent to special use permit review. Separate applications and application fees are required for site plan review.
(ii)
The Planning Board may waive site plan review as a condition of a special use permit if the Planning Board determines that considerations customarily evaluated under site plan review have been appropriately considered as part of the special use permit process.
e.
In rendering its decision on any application, the Planning Board must comply with all applicable provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
f.
Within 62 days of the close of the public hearing, unless extended by mutual consent of the applicant and Planning Board, the Planning Board will render its decision on the special use permit. The Planning Board must either approve, approve with conditions, or deny the special use. Four affirmative votes are required to pass a motion regarding an application before the Planning Board.
g.
Every special use permit decision must be signed and dated by the Chairperson and must document the circumstances of the application and the findings on which the decision is based.
h.
Every special use decision must be filed in the office of the City Clerk within five business days thereof and a copy provided to the applicant and to the Building Department.
2.
Conditions on special uses.
a.
The Planning Board has the authority to impose such reasonable conditions and restrictions as are directly related, and incidental, to the proposed special use permit. Upon its granting of said special use permit, any such condition must be met in connection with the issuance of permits by the City.
b.
As a condition of approval of a special use permit, the Planning Board may require a letter of credit or equivalent security approved by the City to guarantee satisfactory performance of all required improvements or conditions.
c.
As a condition of approval of a special use permit, the Planning Board may assign a timeframe for renewal of the special use permit.
3.
Expiration and extensions.
a.
A special use approval expires if any one of the following conditions occurs and no request for an extension of the special use approval is pending:
(i)
When an approved special use is changed to another use that is not part of the approved special use permit.
(ii)
For special uses approved in conjunction with new construction or additions or enlargements to an existing structure, the special use approval expires within 18 months of the date of approval if a building permit has not been issued.
(iii)
For special uses approved in conjunction with an existing structure or on lot where no structure is planned, the special use approval expires within 18 months of the date of approval if the licenses or permits required for the operation or maintenance of the use have not been obtained.
(iv)
When the special use has been discontinued or abandoned for a continuous period of 12 months and has not been actively marketed for sale during that period. To be considered actively marketed, all equipment, building design, and similar use infrastructure must be maintained in working condition during the marketing period.
b.
The Planning Board may grant up to two eighteen-month extensions for an approved special use provided that the application was properly submitted prior to the expiration date of either the original special use or the first extension. When requesting an extension, it is the applicant's responsibility to prove that there have been no significant changes to the site or neighborhood and that the circumstances and findings of fact by which the original approval was granted have not significantly changed.
E.
Approval standards. The listing of a use as a special use within a zoning district does not constitute an assurance or presumption that such special use will be approved. Rather, each special use must be evaluated on an individual basis, in relation to all applicable standards of this chapter. Such evaluation will determine whether approval of the special use is appropriate at the particular location and in the particular manner proposed. The Planning Board will consider in its decision:
1.
The special use in the specific location proposed is consistent with the Comprehensive Plan and associated adopted land use policies, and the purpose and intent of this chapter.
2.
The proposed special use will not endanger the public health, safety, or welfare.
3.
The density, intensity and compatibility of the use with the neighborhood and community character.
4.
Safe and efficient pedestrian and vehicular access, circulation and parking.
5.
Existing and future demand on infrastructure, public facilities and services.
6.
The environmental and natural resources of the site and neighboring lands including any potential erosion, flooding or excessive light, noise, vibration and the like.
F.
Modifications to approved special uses. Any amendment to an approved special use permit must follow the application, hearing, and approval process required for a new special use permit. However, the Planning Board Chairperson has the authority to approve minor modifications to existing special use approvals if the Chairperson deems the changes are not material, substantial, or substantive in nature and are not contrary to the intent of the original decision. The Chairperson must issue all administrative approvals in writing and report them to the Planning Board in a timely manner.