Fulton City Zoning Code
ARTICLE XII
Special Use Permits
§ 640-72 Application of provisions.
When required by this chapter, special uses are considered to be uses which may be appropriate in the zoning district in which they are located but which possess special characteristics which may pose land use or nuisance concerns or difficulties if controlled only by the district regulation applicable to permitted uses.
§ 640-73 Authorization to grant or deny special uses.
Uses designated in this chapter as permitted special uses shall be permitted, enlarged or altered upon approval of the Fulton Common Council in accordance with the standards and procedures specified in this article. In permitting a special use, the Council may impose, in addition to the regulations and standards expressly specified by this article, other conditions found necessary to protect the health and welfare of the surrounding property or neighborhood or the City as a whole. Change in use, expansion or contraction of the site area or alteration of structures or uses classified as special uses, existing prior to the effective date of this article, shall conform to the regulations pertaining to special uses. If the site is found inappropriate for the use requested, the Council may deny approval of the special use.
§ 640-74 Special uses subject to special permit.
Uses requiring a special permit are identified as special uses in each zoning district. Special uses are those that are allowed but are required to meet specific standards to ensure that the proposed development is compatible with surrounding uses. In granting such a permit, the Council may specify appropriate conditions, modifications and requirements to ensure compatibility. The written decision of the Council, listing the conditions and votes of each Council member, forms the special permit.
§ 640-75 Application contents and fee.
[Amended 3-19-2024 by L.L. No. 4-2024]
A request for a special use permit shall be submitted on an application form available at the City Code Enforcement Office. Each application shall be accompanied by a site plan, floor plan, and a fee established by resolution of the Common Council as set forth in Chapter A700 of this Code to help defray the cost of handling the application, no part of which is refundable. Applications shall be submitted to the Code Enforcement Officer, who shall then transmit them to the Council.
§ 640-76 Public hearing; notice.
Upon the filing of an application for a special use, the Council shall set a reasonable time and place for a public hearing to consider the application. Said hearing, in accordance with New York State General City Law § 27-b, shall be held within 62 days from the day the application is filed. The Council shall cause notice to be published at last five days prior to the hearing in at least one newspaper of general circulation within the City. Each notice shall include the time, date, place, purpose of the hearing and location of the subject proposal.
§ 640-77 Mailing of notice to applicant and County Planning Board.
At least 10 days before such hearing, the Council shall mail notices thereof to the applicant and to the County Planning Board, as required by § 239-m of the New York State General Municipal Law, which notice shall be accompanied by a full statement of such proposed action.
§ 640-78 Compliance with SEQRA.
The Council shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.
§ 640-79 Recess of hearing by Common Council.
The Council may recess or table an application in order to obtain additional information which it deems to be in the best interests of the public health, safety and welfare or necessary to assist in its decisionmaking. Upon recessing for this purpose, the Council shall announce a time and date when the hearing shall be resumed.
§ 640-80 Special use review criteria and findings.
The Council shall review all special use requests on the basis of both architectural review and site plan review criteria and shall also review and determine that the use as proposed on the specific lot location will generally satisfy the following criteria:
A.
The physical conditions and characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting. The property lines, easements, parking areas and other paved surfaces, loading areas, sidewalks, driveways, grading, trees, utility poles, streetlights, traffic signals and pavement markings should be illustrated on a survey.
B.
The nature and intensity of operation of the use will not be more objectionable to surrounding properties than those of a permitted use. Examples of measures of potential impacts due to the nature and intensity of development include, but are not limited to, traffic generation, hours of operation, size and scale, noise, odor, dust, vibration, glare, smoke and environmental hazards.
C.
The use is not in such proximity to a religious facility, school, community center, recreation place, or other prominent place of community activity and public assembly so as to regularly conflict with such other activity and thereby constitute a danger to health, safety and general welfare.
D.
The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns which are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
E.
The use makes adequate provision for off-street parking in accordance with this chapter.
F.
The use and the proposed design of the building and other structures and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, excessive stormwater runoff, noise, nuisance, odors, glare or vibration.
G.
The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community. In evaluating cumulative impacts, the Council will consider the proximity of other special uses, particularly those similar to the use proposed.
H.
Information shall be provided to evaluate the existing and proposed grading shown with two-foot contour intervals and spot elevations at critical points. A stormwater pollution control plan is required for sites that disturb one acre or more. An erosion and sediment control plan will also be required, if deemed necessary.
I.
The use will not conflict in any way with the City of Fulton Comprehensive Plan.
J.
Outdoor storage of equipment and materials is prohibited.
K.
Temporary storage buildings, trailers, PODS®, and mobile homes are prohibited.
§ 640-81 Authority to impose additional conditions and requirements.
A.
The Council may impose conditions on a special use in its issuance of a special permit which, in its opinion, are reasonable and necessary to promote the safety, health and general welfare of the community, including preservation of the general character of the neighborhood in which the use is located. By way of illustration and not limitation, such a condition could restrict the hours of operation of any special use.
B.
If the Council determines that proposed change or modification to an existing special use is substantial, the Council shall hold a public hearing as if for a new special use. A change or modification shall be deemed substantial if the proposal significantly changes the use, design, character or potential impacts of the existing lot or structure.
C.
The Council reserves the right to review any special use permit and may require an annual report for any special use to ensure that the use is in compliance with all applicable requirements of this chapter and conditions of approval.
D.
Upon determination by the Council that there are sufficient grounds to warrant a review, the Council may initiate a review of the operation of any previously approved special use and may call for a public hearing to determine that the use is in compliance with applicable standards and conditions. Findings of noncompliance will result in the property owners being required to submit a compliance schedule and to fully comply within 45 days, or a shorter period of time if the Council determines there is cause for emergency action. Any further violations will result in revocation of the special use permit.
§ 640-82 Decision and notification.
Within 62 days from the date of any public hearing, the Council shall render a decision. For purposes of this section, a decision shall be deemed rendered upon the written permit being signed by the Council. No later than five days following the rendering of the decision of the Council granting or denying the application, the applicant and parties of record shall be notified of the decision in writing. Such written notification shall include the findings of fact for denial or approval, whichever is applicable. The Council shall file the decision in the City Clerk/Chamberlain's office within five business days after the day it is rendered. The Council will also retain in its files a copy of each decision, which files shall be available for inspection by the public.
§ 640-83 Specific property restriction.
Any special use permit, if granted, shall pertain only to the specific property for which the application was made. Such granted permit does not apply to any other property the applicant may control.
§ 640-84 Expiration of permit.
In the event that a special use has not been implemented within one year from the date of the meeting wherein the special use was approved by the Council, then such permit shall automatically lapse and be null and void.
§ 640-85 Application resubmittal.
An application which has been denied by the Council shall not be resubmitted to the Council within six months of the date of denial. In order for a resubmitted application to be considered by the Council, the applicant must show, to the satisfaction of the Council, that the events, facts or circumstances of the previously heard application have changed, thereby warranting submission or reconsideration of a subsequent application.