Alden Town City Zoning Code
ARTICLE XI
Special Permits
§ 365-66 General provisions.
The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special form that each specific use shall be considered as an individual case.
§ 365-67 Conditions.
The Town Board may, upon application and a public hearing thereon, issue a special permit when:
A.
It has been determined that such special use is in accordance with the purpose and intent of this chapter and will not be hazardous, harmful, offensive or otherwise adversely affect the environment or the value of the neighborhood or the community.
B.
It has been understood that conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, highway access restrictions and increased yard or parking requirements, may be required by the Town Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
§ 365-68 Site plan required.
A site plan for the proposed development, as required in Article XII, shall be submitted as part of the application, clearly showing that satisfactory provisions have been made concerning the following, where applicable:
A.
Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety, traffic flow and control and access in case of fire or catastrophe.
B.
Off-street parking and loading areas, where required, with particular attention to Subsection A above and to the impact on adjoining properties.
D.
Utilities, with reference to locations, availability and compatibility.
E.
Proper drainage.
F.
Screening and buffering with reference to type, dimensions and character.
G.
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the zoning district.
H.
Required yards and other open space.
I.
General compatibility with adjacent properties and other property in the district.
§ 365-69 Procedure.
A.
Application. Application for a special permit shall be made to the Town Board on a form provided by the Town Building Department and shall be accompanied by a filing fee as set by the Town Board.
B.
Planning Board review. All applications for a special permit, especially the required site plan, shall be reviewed by the Town Planning Board, which shall report its findings to the Town Board. It is suggested that the applicant meet informally with the Planning Board before incurring the costs of a final site plan.
C.
Notice of public hearing. Notices of the public hearing shall be mailed to adjacent property owners by the Town Clerk.
D.
Required referral. Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with § 239-m of the General Municipal Law.
E.
Town Board review. After considering the Planning Board's recommendations and after a duly scheduled public hearing, the Town Board may issue a special permit attaching any conditions it may deem necessary.
F.
Voiding of permit. The Town Board may, after a duly scheduled public hearing, void any special permit for noncompliance with the conditions set forth in approving the permit. Such action must be based on documentation of such noncompliance(s) by the Building Inspector.
§ 365-70 Expiration.
A special 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.
§ 365-71 Existing violations.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
§ 365-72 Temporary special permit.
Subject to all the above provisions, requirements and procedures of this article and with special regard for the comfort, safety, welfare and property rights of the residents of the neighborhood, the Town Board may issue a temporary special permit for special uses not listed elsewhere and not conforming to the provisions of this chapter, but which, due to the limited nature of their operations, would have no significant adverse effect on the neighborhood.
A.
Permit renewal.
(1)
Time limit for a temporary special permit shall be one year.
(2)
Requests for renewal shall be submitted in writing to the Town Board, accompanied by a fee as set by the Town Board.
(3)
Notices of request for renewal shall be mailed to neighboring property owners as set forth in § 365-69C of this article.
(4)
The request shall be reviewed and an inspection made of the property by the Building Department to verify continued compliance with the necessary criteria and conditions established with the initial approval. The Building Department shall report its findings to the Town Board which, upon a determination of compliance, may renew the temporary special permit for one year.
B.
Voiding of permit.
(1)
The Town Board may void any temporary special permit for noncompliance with the conditions set forth in approving the permit.
(2)
Failure of applicant to renew permit shall result in automatic termination of the special use. For renewal, applicant must pay initial application fee and reapply for another permit.