Austerlitz City Zoning Code
ARTICLE IX
Special Use Permits
§ 195-32 Intent; compliance required; purpose of review.
A.
Intent. The intent of this article is to set forth additional requirements which shall apply to certain land uses and activities which, due to their characteristics or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter and their effect on the surrounding properties and community character.
C.
The primary purpose of special use permit review is to assess the long-term impact of the proposed use on the area and the Town and to ensure compatibility of the use with the surrounding area and consistency with the Comprehensive Plan.
§ 195-33 Application procedure; issuance; standards of review.
A.
Special use permit procedure. All special use permit review and approval shall occur concurrently with site plan review. Applicants shall refer to Article VIII, Site Plan Review, of this chapter for application content.
B.
The Planning Board shall issue a special use permit if it determines the proposed use will satisfy the standards set forth herein. In approving a special use permit, the Planning Board may require conditions of, and/or modifications to, the project. Such conditions must relate to the impact of the project. If the Planning Board does not make a positive finding in support of the special use permit, it shall deny the special use permit. The record of the Planning Board must address the standards outlined below and include the facts and reasons upon which such approval or denial was based:
(1)
The proposed use must not be more objectionable to nearby properties by reason of noise, odors, vibration, dust, illumination or other potential nuisance than the operation of any allowed use in the particular district.
(2)
Compatibility of the proposed use with adjoining properties and with the natural and man-made environment. When reviewing business uses, the relationship of the size of the parcel to the intensity of the commercial use and the size of the building shall be a relevant consideration.
(3)
Adequacy of parking, vehicular circulation and infrastructure for the proposed use, and its accessibility to fire, police, and emergency vehicles.
(4)
Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Town.
(5)
Compatibility with the traditional or historic character and use of the structure or structures and the traditional or historic character of the site and the surrounding area.
(6)
Consistency with the requirements for site plan approval.
§ 195-34 Site plan approval required; public hearing; Planning Board action.
A.
Site plan approval. Site plan approval is a required step in the consideration of all special use permit uses and shall be carried out in conjunction with these special use permit procedures.
B.
Public hearing.
(1)
The Planning Board will schedule a public hearing within 62 days of the date of the meeting at which the application was considered complete for review by the Planning Board.
(2)
The Town shall give public notice of such a hearing by causing publication of a notice of hearing in the official newspaper at least five days prior to the hearing date. Such notice of hearing shall be mailed directly to the applicant and to all landowners within 250 feet of the property line at least 10 days prior to the hearing date. The cost of the notification shall be borne by the applicant.
(3)
After the conclusion of a public hearing for a special use permit, including site plan approval, the Planning Board shall grant, deny, or grant subject to conditions the special use permit within 62 days.
C.
The conditions for granting a special use permit will contain any modifications or conditions that the Planning Board deems necessary to conform to the provisions of this chapter.
D.
The decision of the Planning Board shall be filed with the Town Clerk, and a copy thereof mailed to the applicant.
§ 195-35 Limitations; expiration; revocation; enforcement; transferability.
A.
A special use permit shall be deemed to authorize only the particular special use or uses specified therein.
B.
A special use permit will expire if the applicant fails to obtain a building permit or fails to comply with the conditions of the special use permit (unless other provisions are set forth by the Planning Board in connection with its approval) within 18 months after approval.
C.
A special use permit will expire if the special use or uses shall cease for any reason for more than 24 consecutive months.
D.
A special use permit may be revoked by the Planning Board if, after notice to the holder of the permit and an opportunity for hearing, it is determined that the conditions of the special use permit are violated.
E.
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
F.
All special use permits shall run with the land and will be transferred to successive property owners, provided the permit has not expired and it is not revoked for failure to meet the permit conditions.