Grand Island City Zoning Code
ARTICLE XXV
Special Use Permits
§ 407-114 Purpose.
A.
Uses that require special use permit approval have a unique character that makes their establishment as a permitted or accessory use without prior review impracticable or undesirable. This review shall be for the purpose of determining that each proposed use is, and will continue to be, compatible with surrounding existing and planned uses.
B.
Unless otherwise provided, the special permitted uses outlined in the zoning districts of this chapter shall be presumed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards outlined in this code. All special permitted uses possess unique characteristics and will be considered on an individual basis.
C.
No special use permit shall be issued unless the Town Board finds the use complies with the following general requirements:
(1)
The use is designed, located and proposed to be operated so the public health, safety, welfare and convenience will be protected.
(2)
The use will not cause substantial injury to the value of other property in the neighborhood where it is located.
(3)
The use will be compatible with adjoining development and the character of the neighborhood where it is located.
(4)
Adequate landscaping and screening is provided to preserve the character of the neighborhood.
(5)
Adequate off-street parking and loading are provided and the special use will not substantially interfere with traffic on abutting streets.
§ 407-115 Application procedure.
A.
Applications shall be submitted on the forms provided by the Town, and unless no site plan is required, shall be submitted simultaneously with the site plan application.
B.
Within 31 days after receipt of the application, the Planning Board shall review the application, site plan, and supporting data, and Board shall recommend approval, approval with modifications or conditions, or disapproval of the special use permit. The Planning Board's action shall be in the form of a written recommendation of approval or disapproval of the application.
C.
The failure of the Planning Board to act within 31 days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development plan as submitted.
D.
Within 31 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, the Town Board shall conduct a public hearing. Within 62 days thereafter the Town Board shall either approve or deny the special use permit.
E.
In granting approval, the Town Board may impose conditions as necessary to ensure the harmonious integration and compatibility of special permitted uses within neighborhoods and with surrounding areas.
F.
Each special use permit shall be deemed to only approve one use.
[Added 9-16-2015 by L.L. No. 8-2015]
G.
Any special use permit granted shall include any conditions established by the grant of a variance related to the permit.
[Added 9-16-2015 by L.L. No. 8-2015]
§ 407-116 Findings.
In approving a special use permit, the Town Board must make the following findings:
A.
The proposed use, building, structure or development is consistent with the intent of each district.
B.
Special use permits may be recommended by the Planning Board and authorized by the Town Board only upon a satisfactory evaluation of the following factors:
(1)
The general character, height, and use of a structure or structures.
(2)
The provision of surrounding open space and the treatment of grounds.
(3)
The impact on the surrounding properties and neighborhood.
(4)
The adequacy of automobile parking or storage.
(5)
The street capacity and uses as may be necessary to limit air pollution in the interest of the public health, comfort and convenience.
C.
The proposed use or structure will not be detrimental to the public health, safety and welfare of the community.
§ 407-117 Expiration.
[Amended 9-16-2015 by L.L. No. 8-2015]
A.
Expiration of a special use permit occurs in the following circumstances:
(1)
After the time period set in the special use permit. To insure compliance with conditions on the permit, the Board may, in its sole discretion, set shorter time periods for the first year of a special use permit than upon renewal.
(2)
A special use permit is terminated on the next day following the end of any period granted to correct deficiencies and/or violations of any condition attached to the granting or renewal of the permit, where such period has been established by the Board after a hearing.
(3)
A special use permit shall expire if the special permitted use fails to obtain a building permit within three months of the Town Board's approval.
(4)
A special use permit shall expire, where no structure is involved, if the lot shall not have been put into use, for the purpose for which such permit was granted, within 12 months after the date of issue of such permit.
(5)
A special use permit shall expire if construction and/or use of the structure for which such permit was granted shall not have actually begun within 12 months after the date of issue of such permit.
(6)
A special use permit shall expire if the entire structure for which such permit was granted shall not have been completed according to filed plans within three years after the date of such permit.
B.
An applicant may apply for a new special use permit to replace the terminated permit. Such new permit is subject to the approval process in use at the time of application.
§ 407-118 Inspections; revocation.
A.
Inspections shall be carried out at least annually for agricultural animal special use permits, before renewal for all special use permits; and upon complaint by the public or Town officials where appropriate, and in accordance with applicable law.
B.
Whenever it shall appear to the Town Board, based on investigation or complaint from the public, that a permit holder is not complying with a condition of a special use permit, the Town Board may, after holding a public hearing at which the permit holder is given an opportunity to be heard, order the revocation of the permit either immediately, or after a cure period, if the permit holder fails to cure the violation. Upon revocation of the permit, the use shall immediately cease and desist until a new special use permit is issued by the Board.
§ 407-119 Renewal.
A.
Where a special use permit shall have been issued with an expiration date, the following shall be the procedure for renewal:
(1)
Between 30 and 60 days prior to the date of each special use permit renewal, a Code Enforcement Officer shall arrange for an inspection of the permitted property. Based on this inspection, the Officer shall prepare a report to the Town Board stating whether:
(2)
In cases where violations of the existing permit and/or of other Town Codes are found, the report to the Town Board shall specifically list each violation, the specific provision of the Town Code or state code that is violated, the recommendation for how to correct the condition, and any other information that the staff feels is appropriate for the Board to consider in the renewal.
(3)
A special use permit renewal shall not be placed on the regular agenda until so directed by the Town Supervisor.
(4)
Based on the report of the staff and, where applicable, any subsequent investigation, the Town Board shall: