Glenville Town City Zoning Code
ARTICLE XVII
Conditional Use Permits
§ 270-117 Empowerment of Planning and Zoning Commission.
[Amended 8-21-2024 by L.L. No. 9-2024]
The Planning and Zoning Commission ("PZC") is hereby empowered to review, approve, approve with modifications, or disapprove all conditional use permit applications made pursuant to this article.
§ 270-118 Purpose.
Due to the uniqueness or inherent characteristics of certain uses of land, review procedures need to be in place in order to evaluate each of these uses on a case-by-case basis. This article allows the Town to consider these conditional uses, and to judge the merit of each proposed use based on the anticipated impact of the use upon neighboring land, and on the public need for the proposed use at a particular location.
§ 270-119 When required.
The types of uses requiring a conditional use permit are identified in Article V, Uses Permitted and Dimensional Regulations by District. Conditional uses vary with the zoning district. What may require a conditional use permit in one zoning district may not in another district.
§ 270-120 Materials to be submitted.
[Amended 6-20-2007 by L.L. No. 4-2007; 10-1-2014 by L.L. No. 7-2014; 8-21-2024 by L.L. No. 9-2024]
In order to be placed on the agenda of the PZC, or on the agenda of the Glenville Environmental Conservation Commission (GECC) in the case of Type I SEQR actions, the applicant must submit a complete application, which is to consist of the following:
A.
A completed conditional use permit application form. The requisite number of copies is prescribed in the conditional use permit application packet provided to applicants.
B.
Part 1 of the full environmental assessment form (FEAF), with all questions to be answered. The requisite number of copies is prescribed in the conditional use permit application packet provided to applicants.
C.
The appropriate conditional use permit application fee and SEQRA (State Environmental Quality Review Act) fee, as prescribed in the Consolidated Fee Schedule of the Town of Glenville and in the conditional use permit application packet provided to applicants.
D.
A site plan or map and all supporting documentation. The requisite number of copies is prescribed in the conditional use permit application packet provided to applicants. The site plan shall include the following information:
(1)
A legible site plan or map illustrated on reproducible material drawn to a scale of no smaller than 50 feet to one inch.
(2)
A topographic map with five-foot contour intervals. If the site is so flat as to render the five-foot contour interval meaningless, spot elevations shall be placed on the map to give the reviewer a general idea of slope.
(3)
Name and signature of the professional engineer, land surveyor, and/or architect who prepared the plan/map.
(4)
If construction details are provided, certification of same by a licensed professional engineer and/or architect.
(5)
Location map showing approximate location of the site in relationship to adjacent roads, intersections, and landmarks. Preferably the location map will be illustrated as an inset on the site plan.
(6)
Title of drawing, name, and address of applicant.
(7)
North arrow, scale, and date showing when the plan/map was prepared and/or revised.
(8)
Ownership and zoning of all abutting properties, and of properties directly across the street or road.
(9)
If revisions are made, a table is to be included showing the date of the original map and all revisions, and a description detailing the nature of the map amendments.
(10)
Boundaries of the property, plotted to scale.
(11)
Existing watercourses and direction of flow within the watercourses.
(12)
Location, names, and widths of existing and proposed streets.
(13)
Typical cross sections and details of street pavements, including curbs, sidewalks, manholes, catch basins, and trench details.
(14)
Profiles of proposed streets and parking areas.
(15)
Location of existing and proposed storm, sanitary, and water mains.
(16)
Location, dimensions, and description of existing and/or proposed septic system.
(17)
Final grading plan, including plans for controlling erosion, siltation, and off-site stormwater movement.
(18)
Proposed use and dimensions of all existing and proposed buildings.
(19)
Parking and loading areas (existing and proposed).
(20)
Driveways and their dimensions (existing and proposed).
(21)
Location of regulated wetlands, and the one-hundred-foot buffer area if the wetland is state-regulated (if present on the site).
(22)
Location of floodplains, showing the boundary of the one-hundred-year floodplain (if present on the site).
(23)
Location of all outdoor storage (existing and proposed).
(24)
Existing and/or proposed site improvements as follows:
(a)
Sidewalks, bike paths, and bike racks.
(b)
Drains.
(c)
Culverts.
(d)
Fences.
(e)
Retaining walls.
(f)
Size, location, and details on all signs.
(g)
Buffer areas.
(h)
Design and location of outdoor lighting.
(i)
Utilities or utility easements.
(j)
Bus stops.
(25)
Stormwater pollution prevention plan. A stormwater pollution prevention plan (SWPPP) consistent with Local Law No. 4 of 2007[1] shall be required for conditional use permit approval. The SWPPP shall meet the performance, design criteria and standards set forth in Local Law No. 4 of 2007. The approved conditional use permit shall be consistent with the provisions of Local Law No. 4 of 2007.
[1]
Editor's Note: See Ch. 270, Zoning, Art. XI, Stormwater Management and Erosion Control.
E.
A landscaping plan as required by Article XIX of this chapter. The landscaping plan may be included on the site plan only if the combination does not result in decreased legibility.
§ 270-121 Standards for evaluating applications.
[Amended 8-21-2024 by L.L. No. 9-2024]
The PZC shall be guided by the following factors when reviewing conditional use permit applications::
A.
The establishment, maintenance, operation, or expansion of the conditional use will not be detrimental to or endanger public health, safety, or the general welfare of the community.
B.
The conditional use will not compromise the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair property values within the neighborhood.
C.
The establishment of the conditional use will not hinder the normal and orderly development and improvement of surrounding properties.
D.
Adequate utilities, access roads, drainage and any other necessary facilities have been or will be provided to serve the conditional use.
E.
Adequate measures have been or will be taken to provide ingress and egress to the site in such a manner as to minimize traffic congestion in the public streets.
F.
The conditional use shall, in all other respects, conform to the applicable rules, regulations, and ordinances of the Town, and be consistent with the Town of Glenville Comprehensive Plan.
§ 270-122 Review procedures.
[Amended 10-1-2014 by L.L. No. 7-2014; 8-21-2024 by L.L. No. 9-2024]
All conditional use permit applications are subject to the following procedures:
A.
Staff review. Staff of the Town Economic Development and Planning Department conducts an administrative-level review of the application to determine if the application is complete. If the application is complete, it will be placed on the agenda of the next PZC, or in the case of an application that constitutes a Type ISEQR action, on the agenda of the next meeting of the Glenville Environmental Conservation Commission (GECC). If the application is not complete, the Planning Department will notify the applicant of the deficiencies associated with the application.
B.
GECC review (for SEQR Type I actions only). The GECC, acting in an advisory capacity to the Planning and Zoning Commission, conducts the first substantive review of all conditional use permit applications that qualify as a Type I SEQR action. The GECC's primary role in this instance is to make a recommendation to the Planning and Zoning Commission as to whether or not the application may result in a significant environmental impact. In this capacity, the GECC may ask for additional information from the applicant in order to assess potential environmental impacts.
C.
PZC review.
(1)
The application will be placed on the next regularly scheduled meeting of the PZC, at which time a public hearing is to be held. At this time, the PZC will consider the application, as well as comments raised at the public hearing, and any comments and recommendations forwarded by the PZC.
(2)
Following the hearing, the PZC will have 62 calendar days in which to render its decision to approve, approve with modifications, or disapprove the application. If the PZC is satisfied with the application following the hearing, it may render its decision on the evening of the hearing.
(3)
The sixty-two-day period in which the PZC must render its decision may be extended upon mutual consent of the applicant and the PZC.
§ 270-123 Conditions imposed.
[Amended 8-21-2024 by L.L. No. 9-2024]
Prior to the granting of any conditional use permit, the PZC may impose such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as are determined necessary to secure compliance with the objectives and requirements of this chapter.
§ 270-124 Public hearing publication and notice requirements.
[Amended 8-21-2024 by L.L. No. 9-2024]
Public hearings for conditional use permit applications must be advertised in the Town's official newspaper at least five calendar days prior to the hearing date. Further, as a courtesy, the Town will attempt to notify in writing all property owners whose properties are located within 500 feet of the property on which the application is being made that a hearing is to be conducted by the PZC.
§ 270-125 Established conditional use.
If a use is lawfully established prior to the effective date of this chapter and it becomes a conditional use following the adoption of this chapter, it shall be considered a lawful conditional use. Any further expansion of the use shall be subject to the provisions of this article.
§ 270-126 Expansion of conditional use.
Any expansion or alteration of a conditional use, whether it be the expansion or reconfiguration of the principal building, parking lot, driveways, accessory buildings, etc., is subject to the review procedures outlined in this article.
§ 270-127 Changes in tenancy.
If an existing building or group of buildings, or a portion or portions thereof, is proposed to be occupied by a new conditional use, whether the building(s) was previously occupied by a conditional use or not, the new tenant is subject to the procedures outlined in this article.
§ 270-128 Site plan review and conditional use permit.
[Amended 4-5-2006 by L.L. No. 3-2006; 10-1-2014 by L.L. No. 7-2014]
There may be occasions when an application for development requires both site plan review and a conditional use permit, as well as an area variance. In those instances, the provisions and procedures of § 270-115 shall be complied with.
§ 270-129 Revocation.
In the event that building construction has not begun within one year after the date of approval of the conditional use, or in the case of changes in tenancy, if the new tenant has not occupied the building within one year following approval, the conditional use permit approval shall expire. In this event, a new conditional use permit application must be submitted to the Town for reconsideration if the applicant still wishes to establish the conditional use.
§ 270-130 Discontinuance of conditional use.
[Amended 8-21-2024 by L.L. No. 9-2024]
If a conditional use ceases operation for more than 12 consecutive months, for any reason, the conditional use permit shall expire. In such instances, the formerly established conditional use may not be reestablished until a new conditional use permit application has been filed with and approved by the PZC.
§ 270-131 Waivers.
[Amended 8-21-2024 by L.L. No. 9-2024]
The PZC, at its discretion, is authorized to grant waivers in the following two instances:
A.
Materials to be submitted. As noted in § 270-120 of this article, the applicant is required to submit a site plan containing a variety of information. The PZC may determine that certain requirements of § 270-120 are not applicable and have no bearing on its evaluation. In such cases, the PZC may allow the applicant to submit a site plan containing only those elements which are deemed necessary to the review and approval of the particular conditional use permit application; and
B.
Revocation. As noted in § 270-129 of this article, conditional use permits are to be revoked in instances when building construction has not started with one year of approval of the conditional use permit or, in cases of tenancy changes, if the new tenant has not occupied the building within one year of approval. In the event that site work has commenced (i.e., tree removal, grading, utility installations, etc.) within one year, but building construction has not yet commenced, the PZC may waive the revocation. In the case of tenancy changes, if internal or external building modifications have commenced within one year, but the new tenant has not occupied the building, the PZC may waive the revocation.
§ 270-132 Review of application by consultant.
There may be occasions when certain conditional use permit applications, due to the complexity of the project and/or work demands upon Town staff at the time of application, will need to be forwarded to an outside consultant and/or the Town-designated engineer for review. In these instances, the applicant will be responsible for full payment of the bill for the consultant/engineer's services.