Albion City Zoning Code
ARTICLE IX
Special Use Permits and Procedures
§ 103-79 Purpose.
It is the intent of this chapter to use special use permits to control the impact of certain uses upon areas where they will be incompatible unless conditioned in a manner suitable to a particular location. Special use permits bring needed flexibility and individuality to the otherwise rigid controls of zoning regulations.
§ 103-80 Administration.
A.
The Town Planning Board is authorized to review and grant special use permits, as provided for by this chapter. Upon written direction of the Planning Board, the Code Enforcement Officer is hereby empowered to issue a special use permit as provided for by this chapter.
B.
Uses permitted by special use permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article VII 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.
C.
A special use permit shall authorize only one particular special use. The special use permit shall expire if the use shall cease for more than one year for any reason.
D.
No person shall be issued a special use permit for a property where there is an existing violation of this chapter.
§ 103-81 Findings.
A.
The Planning Board may grant a special use permit for uses described in Article VII provided that all requirements and conditions set forth in that article are complied with.
B.
The Planning Board shall make written findings for each special use permit decision. Findings shall state the reasoning behind, the basis for, and the evidence relied upon to reach the decision. Compliance with the requirements or Article VII shall also be maintained, in addition to the following concerns:
(1)
Ingress and egress to the property and proposed structures thereon, with particular reference to vehicular and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe.
(2)
Off-street parking and loading areas where required, with particular attention to the items in Subsection B(1) above, and the noise, glare or odor effects of the special use permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.
(4)
Utilities as appropriate, with reference to locations, availability and compatibility.
(5)
Storm drainage, including potential impact on downstream properties.
(6)
Screening and buffering, with reference to type, dimensions and character.
(7)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(8)
Required yards and other open space.
(9)
General compatibility with adjacent properties and other properties in the zone district.
§ 103-82 Procedures.
A.
All applications for special use permits shall be made in quadruplicate to the Code Enforcement Officer on forms provided by him.
B.
The Code Enforcement Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Planning Board for approval, in accordance with the procedures specified below.
C.
The Code Enforcement Officer shall transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.
D.
Each application for a special use permit shall be accompanied by a proposed site plan showing the information required for site plan approval as described in Article X of this chapter.
E.
Public hearing.
(1)
Prior to taking action on an application for a special use permit, the Planning Board shall conduct a public hearing on the proposed request. Said hearing shall be conducted within 62 days following the receipt of a complete application and supporting documents from the Code Enforcement Officer.
(2)
The Planning Board shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in the official newspaper, one of general circulation in the Town.
(3)
The notice of the public hearing shall be sent and published at least 10 calendar days prior to the date of the public hearing. Such notice shall include sufficient information so as to identify the property involved and the nature of the proposed action.
F.
If the application was transmitted to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Planning Board shall not act within the first 30 days following the referral of the application to the County Planning Board unless said Board provides a written reply to the Town within the thirty-day period.
G.
The Planning Board shall render its decision, either approving, approving with conditions, or denying the special use permit, within 62 days after the public hearing unless an extension is mutually agreed upon by the Planning Board and the applicant.
H.
In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to conform with the goals and objectives of the Town's Comprehensive Plan, and its principles of land use and development and to protect the health, safety or general welfare of the public.
I.
If an application is approved by the Planning Board, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Planning Board and he shall issue the permit applied for in accordance with the conditions imposed by the Board.
J.
If any application is disapproved by the Planning Board, the reasons for such denial shall be set forth in the Board resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
K.
The Code Enforcement Officer shall inspect the premises of a use authorized and approved with a special use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Planning Board in approving the permit. if the Code Enforcement Officer shall determine that the conditions are not in compliance with the permit, the Code Enforcement Officer shall nullify the special use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.