Colonie City Zoning Code
§ 242-12
Special permits.
[Amended 10-7-2024 by L.L. No. 4-2024]
A.
Legislative intent. The Board of Trustees finds that certain uses which are listed in other sections of this chapter as requiring special permits have such potentially large or significant effects on the public health, safety, comfort, convenience, general welfare, environment, stability of property values and aesthetics of the Village and its inhabitants that their establishment, expansion or change requires a special procedure, including detailed review and, where appropriate, imposition of special requirements for the avoidance or mitigation of adverse effects or the promotion of the purposes listed above, and that the interests of the Village and its inhabitants require that such review and imposition of conditions be performed by the Planning Commission in accordance with the requirements of this section and other applicable provisions of the Code.
B.
Enforcement of special permit requirements.
(1)
No building permit, certificate of occupancy or any other permit or license shall be issued by any board, agency or official of the Village in connection with a use of land or buildings or for the occupation, erection or alteration of any structure or land in connection with a use for which a special permit is required under this chapter except after the approval of a special permit by the Planning Commission and in conformance with all conditions which may be part of such special permit.
(2)
The violation of any condition which is part of a special permit shall be cause for revocation of any other permit or license which may have been issued as a result of the approval of the special permit. The Code Enforcement Officer or any other official of the Village responsible for the issuance of permits is charged with the enforcement of this provision. Further, such violation shall be considered disorderly conduct and subject the violator to a fine of up to $250 per day for each day of violation.
C.
Procedures.
(1)
The owner or lessee of premises who desires to obtain a special permit or his/her architect, engineer or agent shall submit to the Village Clerk an application in five copies, together with supporting material, also in five copies. The supporting material shall be in accordance with the requirements for each use as specified in the appropriate sections of this chapter and shall demonstrate how, in the opinion of the applicant, the proposed use meets the standards, requirements and objectives of this chapter. Application forms and explanatory material are available from the Village Clerk. Applications, in order to be considered complete, shall conform to the requirements for preliminary plan submission in the explanatory material, but incomplete applications may be submitted to begin the special permit application process.
(2)
Upon receipt of the application, the Village Clerk shall transmit all copies of the application to the Planning Commission.
(3)
The Planning Commission shall examine the application and supporting material for completeness. If it finds the material incomplete, the Commission shall notify the applicant promptly and specify the additional information required. The applicant shall furnish this required information within 60 days or within such longer period as shall be mutually agreed upon.
(4)
The Planning Commission shall study the application and schedule a public hearing on it within 120 days, starting either at the meeting when a complete application has been received or 60 days after the original receipt of an incomplete application or after the expiration of the mutually agreed extension period.
(5)
The Planning Commission shall act on the application within 60 days of the public hearing or within such longer period as shall be mutually agreed upon. The Planning Commission may approve or disapprove the application. Where the Planning Commission decides to approve, it shall add conditions or requirements as appropriate in each case or as specified elsewhere in this chapter. The Planning Commission shall notify the applicant promptly of its decision, in writing. In reaching its decision, the Planning Commission shall consider all aspects of the proposed use in detail, with specific reference to the provisions in this chapter which are applicable to the use and/or permit under consideration as well as any material submitted to satisfy the provisions of Chapter 114, Environmental Quality Review, of this Code. The record of the decision shall show any reasons or findings used by the Planning Commission in arriving at its decision and any conditions for approvals.
(6)
The Planning Commission may combine consideration of an application for a special permit with consideration of an application for any other permit which the Planning Commission may grant.
D.
Fees. Fees shall be as follows:
(1)
Fees shall be as determined by the Village Board from time to time by resolution (see Chapter A246).
(2)
Before the Planning Commission schedules a public hearing, the applicant shall reimburse the Village for all costs and expenses incurred by the Village for outside engineering, planning, environmental and other expert services required to review the application and its supporting materials up to that point.
(3)
Before the final decision is communicated to the applicant, the applicant shall reimburse the Village for any additional costs incurred for outside expert services which have not been paid.