The following requirements shall apply to all
uses for which special permits are required by this chapter:
A.
A special permit from the Zoning Board of Appeals which meets the conditions of §§ 307-41 and 307-42 shall be required for accessory apartments and those home occupations designated as requiring special permits by § 307-14, Content of Table of Permitted Uses, of this chapter.[2]
[2]
Editor's Note: The Table of Permitted Uses is included at the end of this chapter.
B.
A special permit from the Town Board which meets the conditions set forth in §§ 307-41, 307-42 and 307-43 and the conditions of any other applicable section of this chapter shall be required for multifamily dwellings in the multifamily special permit area, Community Betterment District, uses which require special permits in the Camp Smith Reuse District and special reuse and conservation development. As provided in the State Environmental Quality Review Act (SEQR)[3] and regulations (6 NYCRR Part 617), the Town Board need not apply SEQR to its decision process if the Town Board determines that the special permit will not be entertained. If the Town Board makes an initial determination that the special permit will be entertained, the Town Board may establish preliminary guidelines regarding use, density and other factors and shall refer the application to the Planning Board for its recommendation subsequent to a Planning Board public hearing as required in § 307-41B. In making its recommendation to the Town Board, the Planning Board may require from the applicant information listed in § 307-71 of this chapter. The Town Board shall not take action on any such special permit until it either has received a recommendation from the Planning Board or 60 days have passed after the close of the public hearing held by the Planning Board. Subsequent to the issuance of a special permit by the Town Board, the applicant may make application to the Planning Board for site development plan approval.
[Amended 3-13-2007 by L.L. No. 8-2007]
[3]
Editor's Note: See Environmental Conservation
Law Article 8.
C.
A special permit from the Planning Board which meets the conditions set forth in §§ 307-41 and 307-42 and, in addition, meets the conditions of site development plan approval set forth in Article XII and other applicable sections of this chapter shall be required for all uses which require special permits except as specified in Subsections A and B.
[1]
Editor’s Note: Local Law No. 2-2017, adopted 7-18-2017,
provided that "all special permits heretofore granted by the Zoning
Board shall after the effective date hereof shall be granted by the
Planning Board."
A.
Application for special permit shall be made in writing to the Board specified in § 307-40 on forms prescribed by said Board and shall be accompanied by a fee established by Town Board resolution.
B.
The Planning Board, the Zoning Board of Appeals or the Town Board, as the case may be, shall hold a public hearing. The appropriate Board shall fix a reasonable time for the public hearing of the special permit application and give public notice thereof at least five days prior to said public hearing by the publication in the official paper of a notice of such hearing. In cases where the Town Board is to act upon a special permit as provided by § 307-40B, the Planning Board shall also hold a public hearing on such special permit application, with public notice as specified above, prior to action by the Town Board. The Planning Board shall make a report to the Town Board containing its recommendation. Whether favorable or unfavorable, the report of the Planning Board shall fully state its reasons for such recommendation. The Town Board shall not take action on any such special permit without such report from the Planning Board, unless the Planning Board fails for any reason to render such report within 60 days following the date of the public hearing held by the Planning Board, unless the Town Board has granted the Planning Board an extension of time to render its written report.
C.
When the Planning Board is to act upon a special permit, in addition to the requirement for notice contained in Subsection B of this section, the Planning and Community Improvement Department shall give written notice to property owners adjacent to and across the street from a property for which an application for special permit has been made and a public hearing scheduled by mailing such notice at least five calendar days in advance of the public hearing. Property owners and their addresses shall be as maintained in the assessment roles of the Town of Cortlandt.
D.
In all cases where site development plan approval is required in addition to a special permit, any public hearing with respect to such site development plan approval shall be conducted concurrently with the public hearing with respect to the special permit, except where the Town Board is designated as the approval authority, in which case the provisions of § 307-40B will apply.
E.
Every decision regarding a special permit application
shall be recorded on standard forms adopted by the Planning Board,
Zoning Board of Appeals or Town Board, as the case may be, and shall
set forth the circumstances of the case and the findings on which
the decision was based.
F.
A sign giving notice of a public hearing to be held
on an application for a special permit shall be posted in the front
yard and visible from the adjoining road of the subject property.
Said sign shall be posted by the applicant at least 20 days before
the date of such hearing. The applicant shall obtain said sign from
the Town of Cortlandt. The applicant shall submit a written, signed
affidavit indicating the date, location and requisite posting of said
sign, including a photo of the sign taken from the front property
line.
[Added 8-12-2003]
[1]
Editor’s Note: Local Law No. 2-2017, adopted 7-18-2017,
provided that “all special permits heretofore granted by the
Zoning Board shall after the effective date hereof shall be granted
by the Planning Board.”
A.
Prior to granting a special permit, the Planning Board,
Zoning Board of Appeals or Town Board, as the case may be, shall make
findings and determinations as follows:
(1)
The use shall be of such location, size, intensity
of operation and character that, in general, it will be in harmony
with the appropriate and orderly development of the district in which
it is situated and will not be detrimental to adjacent land and buildings
nor impair the value thereof nor hinder the orderly development of
adjacent districts.
(2)
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
its site layout and its relation to streets giving access to it shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection with it will not be
hazardous or inconvenient to the predominant residential or other
prevailing character of the neighborhood.
(3)
The number, location, nature and height of buildings,
walls and fences and the nature and extent of the landscaping on the
site shall be such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
(4)
The location and size of the use and the nature and
intensity of the operations involved in or conducted in connection
with it shall be such that the use will not adversely affect nearby
existing uses, nor will it be detrimental to the existing or potential
use and value of land and buildings in the vicinity by reason of noise,
vibration, excessive light, smoke, gas, fumes, odor or other atmospheric
pollutant or danger of fire or explosion.
(5)
Parking areas shall be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
prevent traffic hazards and nuisances.
(6)
The use as proposed will not require such additional
public facilities or services, such as sewerage systems, storm drainage
systems, public water supplies, recreational systems and street systems,
to be provided at public expense or create unacceptable environmental
or fiscal burdens upon the Town.
(7)
The proposed use is developed such that the existing
land form is preserved in its natural state, insofar as practicable,
by minimizing grading and the erosion or stripping of steep slopes
and by maintaining man-made features that enhance the land form, such
as stone walls, with minimal alteration or disruption. In addition,
all open spaces should be designed and planted to enhance the attractiveness
of the neighborhood.
(8)
The proposed buildings are located harmoniously with
the land form, vegetation and other natural features of the site;
compatible in scale, design and use with those buildings and designs
which are visually related to the development site; effectively located
for solar and wind orientation for energy conservation; and advantageously
located for views from the building while minimizing the intrusion
on views from other buildings.
(9)
The proposed use is consistent with the Town Master
Plan, meets applicable requirements of the New York State Uniform
Fire Prevention and Building Code and receives all required county,
state and federal approvals.
B.
In addition to the general standards for special permits
set forth above and additional standards set forth elsewhere in this
chapter for specific uses, the approving board may, as a condition
of approval of such use, establish any other conditions and requirements
as it may deem necessary or appropriate to promote the public health,
safety and welfare, including but not limited to hours and days of
operation, additional on-site parking, arrangements for security and
supervision and a requirement that the special permit be periodically
renewed subject to and in accordance with the requirements of this
chapter.
The Town Board, as the Town's legislative body, in granting, conditionally granting or denying a special permit, is not bound solely to the general conditions or standards contained in § 307-42 or other applicable sections of this chapter, but may consider any matter related to the public welfare but not enumerated in this chapter.
Any special permit granted for a use which is
subsequently discontinued for a period of five years will become null
and void at the conclusion of those five years.
