Cicero Town City Zoning Code
ARTICLE XIV
Special Use Permits
[Added 10-25-2023 by L.L. No. 13-2023]
§ 210-94 Purpose and intent.
A.
The purpose of this article is to regulate special uses, which by nature of their operation may have a higher potential for incompatibility with adjacent uses or otherwise unique characteristics which require a case-by-case review of their location, design, configuration, and impacts on the surrounding area.
B.
The standards of this article are intended to provide for the individual review and approval of such uses to ensure compatibility of the use in its proposed location and mitigate any potential adverse impacts the use may have on the district or neighborhood.
§ 210-95 Applicability.
A.
Permit required. A special use permit shall be obtained for all uses as noted in this chapter prior to their establishment or operation.
B.
Additional use regulations. In addition to the general district and development requirements of this chapter, specially permitted uses shall also conform to the requirements of Article VI, where applicable.
§ 210-96 Review procedure.
A.
Authorized review body. Special use permit applications shall be reviewed and decided upon by the Town Board.
B.
Application requirements. Special use permit applications shall include all materials as required by § 210-97.
C.
Review criteria. In conducting their review, the Town Board shall consider the special use permit review criteria provided in § 210-98, as applicable.
D.
Public hearings. A public hearing shall be held for all special use permit applications prior to issuance of decision.
E.
Coordinated reviews. The review of special use permit applications may be coordinated with other development applications.
§ 210-97 Application requirements.
A special use permit application shall include the following, as applicable:
A.
A site plan denoting the location of the subject property and all structures thereon, as well as all property, uses, and structures within 300 feet of the proposed use.
B.
A description of the proposed use and nature of its operation, including:
(1)
A business plan, vision, or model, and/or summary of products, goods, and services to be sold or provided;
(2)
The proposed hours of operation;
(3)
The number of employees at maximum shift;
(4)
The maximum seat capacity;
(5)
The timing and manner of any and all anticipated deliveries;
(6)
A recycling and waste management plan; and
(7)
The nature and type of all mechanical equipment provided and/or required.
C.
An interior floor plan, including, but not limited to, the arrangement of seats, kitchen and/or bar size and location, storage areas, bathroom facilities, and location of machines or other mechanical equipment.
D.
A narrative describing how the proposed use will satisfy the review criteria of § 210-98.
E.
All SEQR documentation as required by NYS law.
F.
Where site plan review is also required, the application materials of Article VII shall also apply.
§ 210-98 Review criteria.
A.
General criteria. In reaching a decision, the Town Board shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, written findings on whether the proposed use:
(1)
Will be generally consistent with the goats of the Town's adopted plans and studies;
(2)
Will meet all relevant standards, guidelines and requirements set forth in this Zoning Law, including any applicable supplemental regulations of Article VI;
(3)
Will be on economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;
(4)
Will be compatible with existing uses adjacent to and near the property;
(5)
Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the character of the Town;
(6)
Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;
(7)
Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;
(8)
Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;
(9)
Will not destroy or adversely impact significant historic and/or cultural resource sites; and
(10)
Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.
B.
Standard for review. Failure to meet one or more of the above criteria may result in denial of an application.
§ 210-99 Special use permit time limitations.
A.
Purpose. The Town Board may impose limitations on the time period for which the special use permit is granted if, in their opinion, the temporary issuance of such permit is necessary to verify the appropriateness and compatibility of the use as proposed.
B.
Duration. The duration of a special use permit shall of a set period of time determined by the Town Board to provide the applicant with a reasonable return on investment and allow for adequate observation of the use in standard operation.
C.
Renewal of permit.
(1)
Special uses that have been issued a time-limited permit and intend to continue operation thereafter shall be required to reapply for special use permit approval at least 30 days prior to the initial permit's expiration date.
(2)
Renewal applications shall be submitted, processed, reviewed, and decided upon in accordance with the provisions of this article.
(3)
In granting special use permit renewal, the Town Board may remove or modify the conditions and time limitation of the initial permit, as deemed necessary or appropriate.
D.
Denial. The Town Board may deny a renewal of a special use permit when any of the following apply:
(1)
The petitioner has failed to comply with one or more of the conditions of the prior approval;
(2)
Substantial new issues regarding the permit conditions during the operation of the use have arisen;
(3)
The general requirements of this chapter have not been met; or
(4)
There are changes in the area or neighborhood that would be incompatible with the special use.
§ 210-100 Transfer of permits.
A.
A special use permit authorizes only the activity expressly described in the application and approved permit materials.
B.
A special use permit shall expire upon change in property ownership or property transfer, unless the official is notified by the owner, in writing, prior to property transfer and the Town Board reviews the use or activity and special permit documents and is satisfied that the use has and is being conducted in a manner that is consistent with the special permit and any conditions which may have been stipulated at the time of its issuance and approves, in writing, the transfer of the special use permit.
C.
A new special use permit shall be required for any expansion, alteration or variation of a use already authorized by a special use permit. A request for such a permit shall be subject to the application and review procedures described in this article.
§ 210-101 Reapplication for denied special use permits.
A reapplication for a special use permit request which has been previously denied shall not be considered unless substantial revisions have been completed from the original application previously denied, as determined by the Town Board.