The special principal uses for which conformance to additional standards are required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Articles V and VI, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
[Amended 1-17-1995 by L.L. No. 1-1995]
A.
The Town Board shall have the right to issue or deny a special use permit for all special principal uses in the respective districts as specified in Article IV of this chapter following the requirements set forth herein. Other sections of this chapter notwithstanding, in the commercial and industrial zones, the Town Board may issue one special use permit which would allow a combination of uses and/or more than one principal building on a lot so long as the uses are permitted within the zoning district in which the lot is located.
B.
In making its determination that multiple uses and/or
buildings may be permitted under one special permit, the Town Board
shall consider the following standards:
(1)
The area of the lot is at least as large as the sum
of the minimum required areas for each of the proposed uses.
(2)
The uses are reasonably related to each other.
(3)
The total number of parking spaces is equal to the
sum of the parking required for each use, unless it can be demonstrated
that shared spaces or staggered hours of use would permit modification.
(4)
The yard dimensions, maximum lot coverage by buildings
and structures and other applicable bulk requirements listed in Schedule
I for the zoning district in consideration are at least as restrictive
as the most restrictive regulations for any of the proposed uses.
[Amended 7-19-1994 by L.L. No. 7-1994; 4-17-2007 by L.L. No.
4-2007]
A.
Application for a special use permit shall be made to the Zoning Enforcement Officer in the manner set forth in § 220-67C of this chapter.
C.
Within 14 days of receipt of an application for a special use permit, the Zoning Enforcement Officer shall forward two copies of said application and all related maps and materials to the Town Board in accordance with § 220-67F(4) of this chapter.
The Town Board shall, within 14 calendar days of receipt of the application for a special use permit and related materials from the Zoning Enforcement Officer, refer one copy of the above to the Planning Board for preliminary site plan review and report under the provisions of Article VIII of this chapter. Where a petition to amend this chapter accompanies the application for a special use permit, only one public hearing by the Planning Board shall be held to consider both the petition and the application.
A.
Preliminary site plan review. The Planning Board shall conduct a public hearing and report on the preliminary site plan to the Town Board as provided by § 220-46A of this chapter.
B.
Considerations in report. Section 220-46B to the contrary notwithstanding:
(1)
The Planning Board report shall state whether or not
the preliminary site plan meets the conditions set forth herein and
conditions required by other Articles of this chapter and any other
codes, ordinances, rules or regulations of the Town. If the Planning
Board determines that the foregoing are adequately fulfilled, it shall
recommend to the Town Board that the applicant be granted approval
of a special use permit for the proposed use.
[Amended 7-19-1994 by L.L. No. 7-1994]
(2)
If the Planning Board's report recommends approval
of the special use permit, it may also recommend conditions which
it deems desirable to have attached to such permit.
[Amended 7-19-1994 by L.L. No. 7-1994]
(3)
If the report of the Planning Board is unfavorable,
it shall contain the reasons for the recommendation for disapproval.
Special use permits may be authorized by the
Town Board only upon satisfaction of each instance of such conditions
as to the general character, height and use of land, buildings or
structures; as to the provision of surrounding open space and the
treatment of grounds; as to the general fitness of the structure or
use to its proposed location; as to the provision for automobile parking
or storage; and as to street capacity and use; that, in the opinion
of the Board, may be necessary to safeguard public health and convenience
and as may be required for the preservation of the general character
of the neighborhood in which such use, buildings or structures is
to be placed or such use is to be conducted. Specifically, the standards
established by this chapter shall be applied as they may be applicable
to a specific request for a special use permit.
[Amended 7-19-1994 by L.L. No. 7-1994]
A.
Mandatory referral to County Department of Planning.
The Town Board shall refer one copy of the application and all related
materials to the Schenectady County Department of Planning if such
referral is mandated by § 239-m of the General Municipal
Law.
[Amended 7-19-1994 by L.L. No. 7-1994]
The Town Board shall conduct a public hearing upon receipt of the report of the Planning Board and recommendation of the Schenectady County Department of Planning if it is required under the provisions of § 220-61 of this chapter. Where a petition to amend this chapter accompanies the application for a special use permit, only one public hearing by the Town Board shall be held to consider both the petition and the application.
[Amended 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994]
Upon receipt of the final site plan from the applicant, the Planning Board shall conduct a final site plan review in accordance with §§ 220-47 and 220-48 of this chapter. Failure of the applicant to submit a final site plan within six months of the approval of the special use permit shall render the special use permit null and void.
A.
If the Planning Board approves the final site plan,
it shall so report to the Town Board, the applicant and the Zoning
Enforcement Officer.
B.
If the Planning Board disapproves the final site plan,
it shall so report to the Town Board, the applicant and the Zoning
Enforcement Officer. In this case, the report of the Planning Board
shall contain specific notations as to the manner in which the final
site plan may be amended so as to meet with the approval of the Planning
Board.
If a use is lawfully established prior to the
effective date of this chapter and it becomes a special principal
use under the provisions of this chapter, it shall be considered a
lawful special principal use.
[Amended 4-16-1981 by Res. No. 122; 1-20-2004 by L.L. No.
1-2004]
A.
A special use permit shall be deemed to authorize
only one particular special use and shall expire if the special use
shall cease for more than six months for any reason.
B.
The special use permit will expire in the event that:
C.
In the event the special use permit expires, a new
special use permit application must be submitted to the Town for reconsideration
if the applicant still wishes to establish the use.
