The Zoning Board of Appeals is hereby empowered
to review, approve, approve with modifications, or disapprove all
conditional use permit applications made pursuant to this article.
Due to the uniqueness or inherent characteristics
of certain uses of land, review procedures need to be in place in
order to evaluate each of these uses on a case-by-case basis. This
article allows the Town to consider these conditional uses, and to
judge the merit of each proposed use based on the anticipated impact
of the use upon neighboring land, and on the public need for the proposed
use at a particular location.
The types of uses requiring a conditional use permit are identified in Article V, Uses Permitted and Dimensional Regulations by District. Conditional uses vary with the zoning district. What may require a conditional use permit in one zoning district may not in another district.
[Amended 10-1-2014 by L.L. No. 7-2014]
In order to be placed on the agenda of the Planning
and Zoning Commission, or on the agenda of the Glenville Environmental
Conservation Commission (GECC) in the case of Type I SEQR actions,
and ultimately on the agenda of the Zoning Board of Appeals (ZBA),
the applicant must submit a complete application, which is to consist
of the following:
A.
A completed conditional use permit application form.
The requisite number of copies is prescribed in the conditional use
permit application packet provided to applicants.
B.
Part 1 of the full environmental assessment form (FEAF),
with all questions to be answered. The requisite number of copies
is prescribed in the conditional use permit application packet provided
to applicants.
C.
The appropriate conditional use permit application
fee and SEQRA (State Environmental Quality Review Act) fee, as prescribed
in the Consolidated Fee Schedule of the Town of Glenville and in the
conditional use permit application packet provided to applicants.
D.
A site plan or map and all supporting documentation.
The requisite number of copies is prescribed in the conditional use
permit application packet provided to applicants. The site plan shall
include the following information:
(1)
A legible site plan or map illustrated on reproducible
material drawn to a scale of no smaller than 50 feet to one inch.
(2)
A topographic map with five-foot contour intervals.
If the site is so flat as to render the five-foot contour interval
meaningless, spot elevations shall be placed on the map to give the
reviewer a general idea of slope.
(3)
Name and signature of the professional engineer, land
surveyor, and/or architect who prepared the plan/map.
(4)
If construction details are provided, certification
of same by a licensed professional engineer and/or architect.
(5)
Location map showing approximate location of the site
in relationship to adjacent roads, intersections, and landmarks. Preferably
the location map will be illustrated as an inset on the site plan.
(6)
Title of drawing, name, and address of applicant.
(7)
North arrow, scale, and date showing when the plan/map
was prepared and/or revised.
(8)
Ownership and zoning of all abutting properties, and
of properties directly across the street or road.
(9)
If revisions are made, a table is to be included showing
the date of the original map and all revisions, and a description
detailing the nature of the map amendments.
(10)
Boundaries of the property, plotted to scale.
(11)
Existing watercourses and direction of flow
within the watercourses.
(12)
Location, names, and widths of existing and
proposed streets.
(13)
Typical cross sections and details of street
pavements, including curbs, sidewalks, manholes, catch basins, and
trench details.
(14)
Profiles of proposed streets and parking areas.
(15)
Location of existing and proposed storm, sanitary,
and water mains.
(16)
Location, dimensions, and description of existing
and/or proposed septic system.
(17)
Final grading plan, including plans for controlling
erosion, siltation, and off-site stormwater movement.
(18)
Proposed use and dimensions of all existing
and proposed buildings.
(19)
Parking and loading areas (existing and proposed).
(20)
Driveways and their dimensions (existing and
proposed).
(21)
Location of regulated wetlands, and the one-hundred-foot
buffer area if the wetland is state-regulated (if present on the site).
(22)
Location of floodplains, showing the boundary
of the one-hundred-year floodplain (if present on the site).
(23)
Location of all outdoor storage (existing and
proposed).
(24)
Existing and/or proposed site improvements as
follows:
(25)
Stormwater pollution prevention plan. A stormwater
pollution prevention plan (SWPPP) consistent with Local Law No. 4
of 2007[1] shall be required for conditional use permit approval.
The SWPPP shall meet the performance, design criteria and standards
set forth in Local Law No. 4 of 2007. The approved conditional use
permit shall be consistent with the provisions of Local Law No. 4
of 2007.
[Added 6-20-2007 by L.L. No. 4-2007]
The Zoning Board of Appeals shall be guided
by the following factors when reviewing conditional use permit applications:
A.
The establishment, maintenance, operation, or expansion
of the conditional use will not be detrimental to or endanger public
health, safety, or the general welfare of the community.
B.
The conditional use will not compromise the use and
enjoyment of other property in the immediate vicinity, nor substantially
diminish and impair property values within the neighborhood.
C.
The establishment of the conditional use will not
hinder the normal and orderly development and improvement of surrounding
properties.
D.
Adequate utilities, access roads, drainage and any
other necessary facilities have been or will be provided to serve
the conditional use.
E.
Adequate measures have been or will be taken to provide
ingress and egress to the site in such a manner as to minimize traffic
congestion in the public streets.
F.
The conditional use shall, in all other respects,
conform to the applicable rules, regulations, and ordinances of the
Town, and be consistent with the Town of Glenville Comprehensive Plan.
All conditional use permit applications are
subject to the following procedures:
A.
Staff review. Staff of the Town Economic Development
and Planning Department conducts an administrative-level review of
the application to determine if the application is complete. If the
application is complete, it will be placed on the agenda of the next
meeting of the Planning and Zoning Commission (PZC), or in the case
of an application that constitutes a Type I SEQR action, on the agenda
of the next meeting of the Glenville Environmental Conservation Commission
(GECC). If the application is not complete, the Planning Department
will notify the applicant of the deficiencies associated with the
application.
[Amended 10-1-2014 by L.L. No. 7-2014]
B.
Glenville Environmental Conservation Commission (GECC)
review (for SEQR Type I actions only). The GECC, acting in an advisory
capacity to the Zoning Board of Appeals (ZBA), conducts the first
substantive review of all conditional use permit applications that
qualify as a Type I SEQR action. The GECC's primary role in this instance
is to make a recommendation to the ZBA as to whether or not the application
may result in a significant environmental impact. In this capacity,
the GECC may ask for additional information from the applicant in
order to assess potential environmental impacts.
[Amended 10-1-2014 by L.L. No. 7-2014]
C.
Planning and Zoning Commission (PZC) review.
(1)
The PZC acts in an advisory capacity to the ZBA on
conditional use permit applications. The PZC's role on conditional
use permit applications is to assess elements of the proposal that
are typically evaluated as part of site plan review. Factors to be
considered include building design, siting and dimensions, parking
layout and design, internal traffic circulation, driveway locations,
lighting, pedestrian accommodations, landscaping, snow removal and
storage, etc.
[Amended 10-1-2014 by L.L. No. 7-2014]
(2)
The PZC will conduct its review, and then forward
its comments and recommendations to the ZBA. In its report to the
ZBA, the PZC will recommend approval, approval with conditions, or
disapproval of the conditional use permit. If the PZC recommends approval
with conditions, or disapproval, the PZC is to detail its findings
in written form to the ZBA.
D.
Zoning Board of Appeals (ZBA) review.
(1)
Following a review and recommendation by the PZC, and after the site plan and/or other supporting material has been amended, if necessary, the application will be placed on the next regularly scheduled meeting of the ZBA, at which time a public hearing is to be held. At this time the ZBA will consider the application, as well as comments raised at the public hearing, and any comments and recommendations forwarded by the PZC. In rendering its decision, the ZBA is to be guided by the provisions of § 270-121 of this article, Standards for evaluating applications.
(2)
Following the hearing, the ZBA will have 62 calendar
days in which to render its decision to approve, approve with modifications,
or disapprove the application. If the ZBA is satisfied with the application
following the hearing, it may render its decision on the evening of
the hearing.
(3)
The sixty-two-day period in which the ZBA must render
its decision may be extended upon mutual consent of the applicant
and the ZBA.
Prior to the granting of any conditional use
permit, the ZBA may impose such conditions and restrictions upon the
establishment, location, construction, maintenance, and operation
of the conditional use as are determined necessary to secure compliance
with the objectives and requirements of this chapter.
Public hearings for conditional use permit applications
must be advertised in the Town's official newspaper at least five
calendar days prior to the hearing date. Further, as a courtesy, the
Town will attempt to notify in writing all property owners whose properties
are located within 500 feet of the property on which the application
is being made that a hearing is to be conducted by the ZBA.
If a use is lawfully established prior to the
effective date of this chapter and it becomes a conditional use following
the adoption of this chapter, it shall be considered a lawful conditional
use. Any further expansion of the use shall be subject to the provisions
of this article.
Any expansion or alteration of a conditional
use, whether it be the expansion or reconfiguration of the principal
building, parking lot, driveways, accessory buildings, etc., is subject
to the review procedures outlined in this article.
If an existing building or group of buildings,
or a portion or portions thereof, is proposed to be occupied by a
new conditional use, whether the building(s) was previously occupied
by a conditional use or not, the new tenant is subject to the procedures
outlined in this article.
[Amended 4-5-2006 by L.L. No. 3-2006; 10-1-2014 by L.L. No.
7-2014]
There may be occasions when an application for development requires both site plan review and a conditional use permit, as well as an area variance. In those instances, the provisions and procedures of § 270-115 shall be complied with.
In the event that building construction has
not begun within one year after the date of approval of the conditional
use, or in the case of changes in tenancy, if the new tenant has not
occupied the building within one year following approval, the conditional
use permit approval shall expire. In this event, a new conditional
use permit application must be submitted to the Town for reconsideration
if the applicant still wishes to establish the conditional use.
If a conditional use ceases operation for more
than 12 consecutive months, for any reason, the conditional use permit
shall expire. In such instances, the formerly established conditional
use may not be reestablished until a new conditional use permit application
has been filed with and approved by the ZBA.
The Zoning Board of Appeals, at its discretion,
is authorized to grant waivers in the following two instances:
A.
Materials to be submitted. As noted in § 270-120 of this article, the applicant is required to submit a site plan containing a variety of information. The ZBA may judge that certain requirements of § 270-120 are not applicable and have no bearing on its evaluation. In such cases, the ZBA may allow the applicant to submit a site plan containing only those elements which are deemed necessary to the review and approval of the particular conditional use permit application.
B.
Revocation.
(1)
As noted in § 270-129 of this article, conditional use permits are to be revoked in instances when building construction has not started with one year of approval of the conditional use permit or, in cases of tenancy changes, if the new tenant has not occupied the building within one year of approval.
(2)
In the event that site work has commenced (i.e., tree
removal, grading, utility installations, etc.) within one year, yet
building construction has not taken place, the ZBA may waive the revocation.
(3)
In the case of tenancy changes, if internal or external
building modifications have commenced within one year, yet the new
tenant has not occupied the building, the ZBA may waive the revocation.
There may be occasions when certain conditional
use permit applications, due to the complexity of the project and/or
work demands upon Town staff at the time of application, will need
to be forwarded to an outside consultant and/or the Town-designated
engineer for review. In these instances, the applicant will be responsible
for full payment of the bill for the consultant/engineer's services.
