Cazenovia Town City Zoning Code
ARTICLE XVII
Special Use Permits
§ 165-62 Purpose and applicability.
Because the impact of special permit uses varies, the review procedure and information required to be submitted for a special use permit will depend upon the scale of the proposed use and whether it is a major or minor project.
§ 165-63 Required submissions for applications.
A.
Major project special permits. An applicant for a major project special use permit shall submit the following information. The number of copies required to be submitted and required submittal date shall be established by the reviewing board.
(1)
A major project application form. Copies of the application form and applicant's guide may be obtained from the Town Clerk's office or Town Zoning Office.
(2)
Copies of a preliminary site plan and materials, containing the information listed in Chapter 133, Site Plan Review, as the Board deems necessary for conceptual review of the proposed use.
(3)
A narrative report specifically describing how the proposed use will satisfy the criteria set forth in § 165-114, as well as any other applicable requirements relating to the specific use proposed.
(4)
A long-form environmental assessment form or draft environmental impact statement.
(5)
An agricultural data statement. (available from the Codes Enforcement Officer).
(6)
The major project special permit application fee, as established by the Town Board, and any required escrow deposit for review costs.
(7)
A disclosure of interest form as required by § 809 of the General Municipal Law.
B.
Minor project special permits. An applicant for a minor project special permit shall submit the following information. The number of copies required to be submitted and required submittal date shall be established by the reviewing board.
(1)
A minor project application form. Copies of the application form and applicant's guide may be obtained from the Town Clerk's office or Town Zoning Office.
(2)
Copies of a plot plan providing information sufficient to enable the Board to make an informed decision (which may include some of the site plan information listed in Chapter 133).
(3)
A brief narrative describing the proposed use.
(4)
A short-form environmental assessment form (EAF) unless the reviewing board determines that the proposed special permit shall require a long-form EAF.
(5)
An agricultural data statement (available from the Codes Enforcement Officer).
(6)
The minor project application fee as established by the Town Board and any escrow deposit (if required).
(7)
A disclosure of interest form as required by § 809 of the General Municipal Law.
§ 165-64 Permit procedure.
A.
Preapplication meeting and workshop. Before filing an application, a preliminary conference with the Codes Enforcement Officer is required to discuss the nature of the proposed use, to explain application requirements, provide a preliminary review for completeness, and to classify it as a major or minor project. If the Codes Enforcement Officer classifies the project as a major project, a preliminary conference with the reviewing board is required to discuss the nature of the proposed use and to determine the information that will need to be submitted in the preliminary site plan. If the Codes Enforcement Officer classifies the project as a minor project, a preliminary conference with the Codes Enforcement Officer may be required to discuss the application materials. The original signed application plus multiple copies as required by the reviewing board shall be submitted at such time as required by such board. The Codes Enforcement Officer will conduct a preliminary review of the application materials. Copies of the application form may be obtained from the Town Clerk's office. Applications shall not be deemed submitted until the reviewing board's meeting.
B.
Application and public hearing.
(1)
Application for a special use permit shall be made to the Zoning Board of Appeals. Such Board shall require multiple copies of the application materials. An application shall be submitted no later than the first of the month in which it will be reviewed, or at such other time as the reviewing board may specify by resolution.
(2)
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance without a decision or determination by the Building Code Inspector.
(3)
The Zoning Board of Appeals shall hold a public hearing for any use requiring the issuance of a special use permit.
C.
Expiration; change of use; revocation and enforcement.
(1)
A special use permit shall expire if any of the following occurs:
(a)
If the special permit use or uses cease for more than 12 consecutive months for any reason;
(b)
If the applicant fails to obtain the necessary building permits;
(c)
If the applicant fails to comply with the conditions of the special use permit within 12 months of its issuance; or
(d)
If its time limit expires without renewal.
(2)
A special use permit shall apply only to the use for which it has been granted. A new special use permit shall be required for any change to a new use that requires a special use permit.
(3)
A special use permit may be revoked by the board that approved it if the permittee violates the conditions of the special use permit or engages in conduct and/or any construction or alteration not authorized by the special use permit.
(4)
Any violation of the conditions of a special use permit shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.