Clayton City Zoning Code
§ 235-12
Special use permits.
[Amended 5-10-2017 by Amdt. No. 40]
In every case where a special use permit is required by this chapter, such special use shall be granted by majority vote of the Joint Planning Board following a public hearing held upon five days' notice published in the Town's officially designated newspaper. Such public hearing must be held within 62 days of the application for the special use permit application. Written notice shall be provided to all adjacent property owners and all neighboring property owners within a five-hundred-foot radius of any portion of the applicant's property. In addition, for tall structure applications, written notice shall be provided to neighboring property owners in a radius of ten times the proposed structure's maximum height.
A.
Additional standards for special use permits. The Joint Planning Board may impose additional standards on the special use permit to adequately safeguard the health, safety, morals and general welfare of the public, to preserve the general character of the neighborhood, to minimize detrimental effects on nearby property, and to protect the scenic, aesthetic and environmental qualities of the area.
B.
Standards applicable to all special use permits. Special use permits may be issued only after the Joint Planning Board has found that all the following standards and conditions have been satisfied:
(1)
The use possesses characteristics that will blend desirably with the neighboring properties and will secure the objectives of this chapter.
(2)
The location, size of the structure, magnitude, nature and intensity of the operation involved, size of the site in relation to the size of the operation, and the location of the site with respect to the roads and/or waters giving access to it are such that it will be in harmony with the orderly development of the district.
(3)
The location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of nearby land and buildings or impair their value.
(4)
The use will not conflict with any master plan, or part thereof.
(5)
The proposal will not impair the public health, safety or general welfare nor unreasonably increase traffic congestion.
(6)
The proposal will not produce significant dust, odors, noise, lighting glare, vibration or nuisance.
(7)
The proposal provides for adequate parking in accordance with the provisions of this chapter.
C.
Additional requirements and procedures for the issuance of a special use permit.
(1)
Each application for a special use permit shall be completed on a form provided by the Town and shall be accompanied by the following:
(a)
Legal description of the subject premises, including a recent survey.
(b)
Detailed enumeration of activities to be conducted on the premises.
(c)
Drawings of structures, parking, docking, pavements, access routes and other physical construction on the site, and, where required by the Joint Planning Board, a site plan showing all significant distances and dimensions.
(d)
Study of proposed traffic impact.
(e)
Sketches of proposed landscaping and buffering as required by this chapter.
(f)
SEQR environmental assessment form, full form or short form, as specified by 6 NYCRR Part 617, State Environmental Quality Review Act.
(g)
Filing fee, as set by the Town Board.
(2)
All applications for special use permits shall be reviewed by the Joint Planning Board to assure that the requirements of this section have been met. Following such review, the Joint Planning Board shall, within 62 days, make its decision to reject, accept or accept conditionally the application. Within five days thereafter, the Joint Planning Board shall notify the applicant in writing of its decision and in case of rejection or conditional acceptance, the reasons therefor. In the event that it sets conditions for acceptance, the applicant shall have 45 days from the date of the decision in which to submit a revised application. The Joint Planning Board shall within 62 days reach its final decision and within five additional days, inform the applicant. Should changes or additional facilities be required by the Joint Planning Board, final approval of the special use permit shall be conditioned upon the satisfactory compliance by the applicant with the changes or additions required.
(3)
Before taking final action to approve any special use permit application affecting property within 500 feet of the boundaries of any county, town or village, or within 500 feet of any existing or proposed state or county park or recreation area, or within 500 feet of the right-of-way of any existing or proposed state or county road or highway, or within 500 feet of the existing or proposed boundary of any state or county-owned land on which a public building or institution is located, the Joint Planning Board shall refer such special use permit application to the Jefferson County Planning Board for its review and action.
(4)
In accordance with the provisions of General Municipal Law, Article 12-b, § 239-m, the Jefferson County Planning Board is required to report its recommendations to the Joint Planning Board within 30 days after receipt of such referral, or such longer period as mutually agreed, or the Joint Planning Board may take action without such report. If the Jefferson County Planning Board disapproves the proposal or approves the proposal with conditions, the Joint Planning Board may ignore the recommendation and approve the proposal, but only by vote of a majority plus one of its members and only after adoption of a resolution fully setting forth the reasons for such contrary action.
(5)
Within 30 days after taking final action on the proposal, the Joint Planning Board shall notify the Jefferson County Planning Board of the final action taken thereon.
D.
Existing violations. No special use permit shall be issued for a special use for any property where there is an existing violation of this chapter or any other Town law, ordinance or regulation.
E.
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 zoning regulations, application may be made to the Joint Zoning Board of Appeals for an area variance pursuant to Article 16, § 267-b of the Town Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Waiver of requirements. The Joint Planning Board is authorized to waive, when reasonable, any of the requirements of this section for the approval, approval with modifications or disapproval of special use permits submitted for approval. Such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular site plan.
G.
Costs and fees. Costs incurred by the Joint Planning Board or other Town department for consultation fees, such as legal and engineering fees, or other out-of-pocket expenses in connection with the review of a proposed special use permit application shall be passed on to the applicant on the contractual basis or hourly rate as charged by the consultant.
H.
Expiration. A special use permit shall authorize only the specific use of the site for which it was issued. It shall expire if the special use ceases for more than one year for any reason. In the event that the applicant fails to execute the terms and conditions of the special use permit within 18 months after its issuance, the special use permit shall expire.
I.
Subsequent changes. Any applicant wishing to make substantial changes in an already approved special use permit shall submit a revised site plan proposal to the Joint Planning Board for review and approval. The Joint Planning Board shall follow the same procedural steps detailed above in Subsections A, B and C in reaching its final decision and informing the applicant.