Dannemora Village City Zoning Code
ARTICLE VII
Special Permits
§ 100-40 Purpose.
The intent of this article is to ensure that certain uses are compatible with surrounding properties and community character, do not harm the health or safety of community residents or the environment and do not place an undue burden upon community facilities and services.
§ 100-41 Applicability.
All uses listed in Article V as requiring a special permit shall have a special permit approved by the Planning Board before a zoning permit may be issued by the Enforcement Officer.
§ 100-42 Conditional approval.
In situations where it is impossible to approve an application due to failure to obtain endorsements, certifications or required approvals at the proper time, or other circumstances, the Planning Board may conditionally approve the application. Such conditions shall be in writing. Upon completion of the conditions to the satisfaction of the Zoning Enforcement Officer, a zoning permit shall be issued.
§ 100-43 Review procedure.
[Amended 5-5-2004 by L.L. No. 2-2004]
A.
Preliminary review. The Planning Board shall undertake a preliminary review of an application at its first regularly scheduled monthly meeting after the application is submitted. At the review, the Board shall determine whether the application is complete. If the application is deemed to be incomplete, then the applicant shall be notified in writing of what further information is required. If the application is considered to be complete, then the Board shall proceed to schedule a public hearing. All applications shall be accompanied by an environmental assessment form (EAF) completed by the applicant or a licensed engineer.
B.
SEQRA. Pursuant to the New York State Environmental Quality Review Act (SEQRA) the Planning Board in its initial review of an application shall comply with the requirements of SEQRA.
C.
Hearing. The Planning Board shall conduct a public hearing on the application within 62 days of the receipt of a complete application. Notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date of the hearing.
D.
Referral to Clinton County Planning Board. Certain applications must be referred to the Clinton County Planning Board pursuant to § 100-56 herein before the public hearing referred to in Subsection C above. Special use permit applications shall be referred at least 10 days and variance applications shall be referred at least five days prior to such public hearing.
E.
Decision. The Village Planning Board shall render its decision either approving, approving with conditions, or denying the application within 62 days after the hearing, unless an extension is mutually agreed upon.
§ 100-44 (Reserved) [1]
[1]
Editor's Note: Former § 100-44, Presubmission conference, was repealed 5-5-2004 by L.L. No. 2-2004.
§ 100-45 (Reserved) [1]
[1]
Editor's Note: Former § 100-45, Public hearing, was repealed 5-5-2004 by L.L. No. 2-2004.
§ 100-46 Application for special permit.
All applications for special permit shall consist of the following:
A.
Two copies of a site plan map (one to be retained for Village records, the other to be returned to the applicant), to include as applicable:
(1)
The title of the drawing, including the name and address of the applicant and person responsible for preparation of such drawing.
(2)
North arrow, scale and date.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourse and bodies of water.
(5)
The location of any slopes of 5% or greater.
(6)
Proposed grading and drainage.
(7)
The location, proposed use and height of all buildings and site improvements, including culverts, drains, retaining walls and fences.
(8)
The location, design and construction materials of all parking and truck loading areas, showing points of entry and exit from the site.
(9)
The location of outdoor storage, if any.
(10)
A description of the method of sewage disposal and location of the facilities.
(11)
Identification of water sources; if well, locate.
(12)
The location, size and design and construction materials of all proposed signs.
(13)
The location and proposed development of all buffer areas, including existing vegetative cover.
(14)
The location and design of outdoor lighting facilities.
B.
Accompanying data, to include the following as applicable:
(1)
The application form and fee.
(2)
The name and address of applicant and any professional advisors.
(3)
Authorization of the owner if the applicant is not the owner of the property in question.
(4)
An environmental assessment form.
(5)
Any additional endorsements, certifications or approvals required by the Planning Board.
(6)
Other information as the Planning Board may reasonably require to assess the proposed project; such as the location of fire lanes and hydrants, provisions for pedestrian access or designation of the amount of building that are proposed for use for retail sales or other commercial activities.
C.
The Planning Board may waive certain submission requirements in the case of minor projects of any uncomplicated nature.
§ 100-47 Standards for approval (of special uses).
[Amended 5-5-2004 by L.L. No. 2-2004]
The proposed use shall not cause a significant adverse impact upon nearby properties by reason of traffic, noise, fumes, odors, vibration, flashing lights, litter, surface water or groundwater contamination, air pollution, drainage, visual impact, excessive nighttime lighting, creation of a safety hazard, or risk of fire or explosion.
§ 100-48 Consultants.
The Planning Board may consult with the Village Building Inspector, Superintendent of Public Works, Fire Commissioners and other local or county officials as well as with representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environment Conservation.
§ 100-49 Imposition of conditions.
In approving a site plan, the Planning Board may impose, in addition to those standards and requirements stated elsewhere in this chapter, any other conditions it consider necessary to protect the health, safety and general welfare of the community. Examples include:
A.
Requiring landscaping, planting or screening.
B.
Increasing dimensional or lot size requirements.
C.
Specifying the location and design of vehicle entrances and exits, or off-street parking spaces.
D.
Requiring the construction of service roads which would provide shared access to an existing highway from several adjacent land uses.
E.
In the case of certain business, limiting the hours of operation to prevent noise pollution or traffic hazards.