Fishkill Village City Zoning Code
ARTICLE VII
Special Permit Uses
§ 171-54 Uses requiring special permits.
All uses listed in the schedules of regulations or elsewhere in this chapter as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform but not be limited to the following general requirements as well as the pertinent specific requirements.
§ 171-55 Special uses deemed permitted.
The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements as set forth in this chapter.
§ 171-56 Application; public hearing; resolution of approval.
[Amended 10-13-1992 by L.L. No. 2-1992; 11-13-1995 by L.L. No. 3-1995]
Application for a special permit use shall be made, in writing, to the Planning Board. Such application shall be first examined and endorsed for completeness by the Code Enforcement Officer, and unless endorsed by such official as complete, shall not be entertained by said Board. The Planning Board shall hold a public hearing on the special permit application within 62 days after the date that a complete application is received by the Planning Board. The public hearing shall be advertised at least once in a newspaper of general circulation in the Village at least five days before such hearing. The Planning Board shall render a decision on the application within 62 days after the close of the public hearing. Notwithstanding the above, the time within which the Planning Board shall render its decision may be extended by mutual consent of the applicant and the Planning Board.
[Amended 5-24-2010 by L.L. No. 6-2010]
The Planning Board may approve the special permit application, provided that it finds that all of the following conditions and standards have been met:
The location and size of the use, the nature and intensity of the operations and traffic involved in or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special use permit.
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Existing municipal facilities are adequate for the proposed use, or plans for the immediate or reasonably near-term expansion of such facilities are adequate to provide for such use.
The property will be suitably landscaped to protect the neighborhood and adjacent property.
§ 171-57 Site plan required.
A site plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall be prepared and signed by a licensed professional engineer and shall show all information required in § 171-81 unless otherwise specified by the Planning Board.
§ 171-58 Conditions and safeguards; temporary permits.
[Amended 11-13-1995 by L.L. No. 3-1995]
The Planning Board shall attach such conditions and safeguards to the special use permit as are necessary to assure continual conformance to all applicable standards and requirements, and the Board may attach such other conditions and safeguards as it believes to be required or considers appropriate. When the circumstances warrant, the Board may issue temporary permits for a period not to exceed five years, subject to adequate guaranties that such use shall be terminated at the end of the term specified or such extension thereof as may be granted by said Board.
§ 171-59 Issuance of building permit or certificate of occupancy.
[Amended 5-24-2010 by L.L. No. 6-2010]
Upon receipt by the Code Enforcement Officer of the findings of the Planning Board showing that the above-stated conditions prevail, as well as its recommendation as to appropriate conditions and safeguards, and upon compliance by the applicant with all applicable standards and requirements, the applicant shall, upon payment of the appropriate fee prescribed in Article XV, be entitled to a building permit or certificate of occupancy, as the case may be. In the event that the Planning Board shall make a finding that the above-enumerated conditions do not prevail, the Code Enforcement Officer shall refuse to issue a building permit or certificate of occupancy, as the case requires.
§ 171-60 Referral of applications to county.
[Amended 11-13-1995 by L.L. No. 3-1995]
Applications for special use permits within a specified distance of certain areas and facilities as described in § 239-m of the General Municipal Law shall be referred to the County Planning Board at least 10 days prior to the public hearing and action taken only in accordance with said section of the General Municipal Law and § 7-725-b, Subdivision 7, of the Village Law. The County Planning Board shall have a maximum of 30 days after receipt of a full statement of the proposed special use permit to report its recommendations and reasons for such recommendations to the Planning Board. Should the County Planning Board recommend modification or disapproval of the special use permit, the Planning Board shall not act contrary to such recommendation except by a vote of a majority plus one of all the members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 days after final action, the Planning Board shall file a report of its final action with the County Planning Board. If the Planning Board acts contrary to the county's recommendation of modification or disapproval, the report shall set forth the reasons for the contrary action.
§ 171-61 Expiration of special permits.
Term of permit; extensions.
[Amended 3-13-2000 by L.L. No. 3-2000[1]]
A special permit shall be deemed to authorize only the particular use or uses specified in the permit and, unless other provisions are set forth by the Planning Board in connection with its issuance of that permit, it shall expire if work is not initiated pursuant thereto within one year or if said use or uses shall cease for more than one year for any reason or if all required improvements are not completed within two years from the date of issue or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the use.
The Planning Board may, upon a finding that the applicant is proceeding with the project with due diligence and has offered a reasonable explanation of its inability to commence and/or complete the project, grant one or more six-month extensions of the special permit approval subject to such conditions as the Planning Board determines are appropriate. The granting of extensions under this section shall not require a public hearing. Prior to the grant of any extensions pursuant to this section, the applicant shall deposit with the Village such additional escrow monies for professional consultation services as may be deemed necessary by the Planning Board.
[1]
Editor's Note: This local law provided that it shall apply retroactively to all special permits granted on or after July 1, 1996.
Any special use permit shall be terminated upon the sale, expiration, lease or abandonment of the site. If there is noncompliance with the conditions of the resolution of special use permit, the certificate of occupancy shall be revoked.