Greenfield City Zoning Code
ARTICLE VI
Special Uses
§ 105-51 Applicability.
A building, structure or parcel of land may be employed for a special use if the use is specifically listed as a special use in the regulations governing the zoning district where the use is proposed and if a special permit is approved by the Planning Board in accordance with this article. It is recognized that a proposed special use may actually consist of a principal special use and some related use or uses. An applicant may seek authorization for a group of related special uses, so long as they are components of one overall operation conducted by related or affiliated entities and they are adequately described and approved in one special use permit application. Any special use permits which have already previously been authorized and which include any special uses related and/or ancillary to a principal special use shall be deemed to be validly authorized special uses. A special permit, in accordance with § 105-136, is also required for any new telecommunications tower or shared use of an existing tall structure for telecommunications purposes in all zoning districts.
§ 105-52 Application for permit.
A special permit application shall be filed with the official by the owner or owner's agent at least two weeks (14 days) prior to the Planning Board meeting at which it is to be introduced, on forms prescribed by the official. A nonrefundable special permit application fee, as set forth in the Fee Schedule in Chapter A210, Fee Schedule, of the Code of the Town of Greenfield, New York, shall accompany each application.
A.
A special permit application shall contain the following to be deemed complete:
(1)
Two copies of a completed application form, containing:
(a)
The applicant's name, address and interest in the property.
(b)
The name of the owner of the subject property (if different from the applicant).
(c)
The subject property address and Tax Map and lot number as shown on the tax records of the Town of Greenfield.
(d)
The current zoning district classification and present use of the subject property.
(2)
A written general description of the proposed project, the number of buildings to be constructed or converted, their present and proposed uses and the number and type (resident, employee, etc.) of occupants anticipated to be accommodated by the project after completion.
(3)
A preliminary site plan, at a scale of one inch to 50 feet or less as may be required by the official, which shall display:
(a)
All property lines, building setback lines, easements and right-of-way lines with dimensions, bearings and distances.
(b)
A North arrow, scale and date of original submission and of each subsequent submission.
(c)
A title block identifying the project name, the name and address of the applicant and/or property owner, and the name, address, license number and seal of a New York State licensed professional empowered to certify all requirements specified in this chapter who prepared the drawing.
(d)
A key map at a scale of one inch equals 800 feet, showing the location of the proposed project within the Town.
(e)
Existing structures within 200 feet of the property boundaries and an indication of any water bodies or other sensitive environmental features lying within 200 feet of the site.
(f)
Existing and proposed contour lines and spot grades as required to demonstrate grading and drainage.
(g)
All proposed buildings (with dimensions), parking and loading areas, curbing, sidewalks, access drives and fences.
(h)
The design specifications and construction materials of all proposed site improvements.
(i)
The proposed method of providing potable water and sewage disposal. Proposed locations, design specifications, calculations, and construction materials must be provided to show their adequacy for serving the proposed project.
(j)
A site drainage plan, showing the location and design of proposed stormwater management facilities. Calculations concerning the ability for the existing and proposed drainage system and any existing facilities to accept additional anticipated flows shall be submitted.
(k)
A delineation of the existing and proposed plant materials on site. This plan shall include a planting schedule listing all proposed plants, their size at initial planting and the quantity of each plant material specified.
(l)
Proposed area lighting, indicating the location and type of the proposed fixtures.
(m)
The location of at least one central point for trash removal.
(n)
Vehicular circulation, providing adequate turnaround area for emergency vehicles and accessibility to all required off-street parking, on-site loading and maneuvering space and trash pickup area.
(o)
The location and design for proposed signs.
(p)
The type of materials and exterior treatment of all structures proposed.
(q)
Provisions for the physically impaired.
(4)
Application for a site plan approval will be accompanied by a fee in accordance with the Fee Schedule contained in Chapter A210 of the Code of the Town of Greenfield, New York.
(5)
The following additional information shall be required and may be provided on the site plan or on additional drawings, as appropriate:
(6)
A statement and documentation as may be required to comply with this chapter or other relevant Town law describing the intended method of ownership and maintenance of open space.
B.
Other elements integral to the proposed development may be required by the Planning Board where considered necessary to carry out the intent of this chapter, including but not limited to testing to assess environmental capabilities.
C.
If a notice of violation has been served on the owner or occupant of property pursuant to § 105-26A, no application shall be accepted for review by the Planning Board, and no building permit shall be issued by the Building Inspector relating to that property except for actions to cure the violation, and no certificate of occupancy shall be issued by the Building Inspector, unless and until the violation has been remedied or removed and any applicable fine has been paid as determined by the official or by a court if legal action has been instituted.
[Added 4-8-2010 by L.L. No. 1-2010]
§ 105-53 Public hearing.
A.
Notice.
[Amended 5-8-2008 by L.L. No. 1-2008]
(1)
Within 45 days of receipt of a complete special permit application, the Planning Board shall hold a public hearing to receive comments on the application. The Planning Board shall fix a reasonable time for the hearing on the application and give public notice thereof by publishing a notice of such hearing in a paper of general circulation in the Town at least seven days prior to the date thereof, and at least 10 days prior to the date of the hearing, by mailing notices of the hearing:
(a)
To the parties and to the County Planning Board, as required by § 239-m of the General Municipal Law. The notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
(b)
To all owners of property within 500 feet of the nearest line of the property for which the special use permit is sought, and to such other property owners as the Chairman of the Planning Board may direct.
(2)
A sign advertising the public hearing shall be provided by the Town to the applicant, who shall be responsible for posting it on the property for a period of 10 days prior to the hearing. In the event the sign is lost or removed from the premises, the applicant shall make arrangements to replace the same within 24 hours. The applicant shall provide the Board with proof of posting on a form to be provided by the Town.
B.
Adjournment of hearing. The Planning Board may adjourn any hearing upon the mutual consent of the Planning Board and the applicant.
§ 105-54 Granting of special permit.
After considering the evidence presented at the public hearing and after making any further investigations considered necessary to ensure compliance with this chapter, the Planning Board shall determine whether or not to grant a special permit for the proposed use. A special permit shall be issued if the use for which it is sought is consistent with all of the following standards:
A.
Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, illumination or other potential nuisance than the operation of any permitted use in the particular district.
B.
Community infrastructure and services, including but not limited to protective services, roadways, garbage collection, schools and water and sewer facilities, are currently or will be of adequate capacity to accommodate the proposed use.
C.
The proposed site possesses adequate soil capacity and natural features to safely support proposed facilities and structures, including water and septic services at the site.
D.
The proposed use, building design and site layout shall meet the provisions of the Zoning Law and other regulations and ordinances of the Town and standards of New York State and comply with the intent of the Town's Comprehensive Land Use Plan.
E.
Vehicular and pedestrian traffic patterns associated with the proposed use will be appropriate and satisfactorily established and managed for the area involved. Factors for the Planning Board to consider in making this determination include turning movements in relation to traffic flow, proximity to and relationship to intersections, adequacy of sight distances, location and access of off-street parking, provision for pedestrian traffic, capacity of existing roads and minimizing pedestrian-vehicular circulation conflicts.
F.
The proposed use, design and layout will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding area.
G.
The proposed location and height of buildings or structures, walls and fences, parking, loading and landscaping shall be such that it will not interfere or discourage appropriate development of land adjacent to the proposed site or unreasonably affect its value.
H.
In areas where there are patterns and similarities in the scale and design of neighborhood structures, the scale, design and material of the proposed structure(s) shall be compatible with existing structures within 500 feet of the site.
I.
Adequate screening, landscaping, exterior lighting, signs and architectural designs compatible with the neighborhood and of appropriate size and style will be provided to protect neighborhood properties within 500 feet of the site from any adverse impacts that might result from the proposed use.
J.
The development will be organized in a way which reflects the natural capabilities of the site to support such a use. Buildings, lots and support facilities will be clustered in those portions of the site that have the most suitable conditions for development. Environmentally sensitive areas, such as wetlands, steep slopes, floodplains and unique natural features, will be maintained and preserved.
K.
The existing landscape will be preserved in its natural state insofar as practical by minimizing tree removal, disturbance and compaction of soil. Landscaping will be provided to adequately define street edges, buffer adjacent properties and break up parking areas.
L.
As appropriate, the site will provide for recreation areas and open space sufficient to meet the needs of users and residents of the development and shall be owned and managed in accordance with § 105-122 of this chapter.
M.
The proposed use has been preliminarily approved by all other governmental entities and agencies which have jurisdiction.
N.
The Planning Board may adopt site plan review design guidelines for the Town as a whole or tailored to specific geographic areas, such as hamlet areas or commercial corridors, as necessary to further implement the policies contained in the Town's Comprehensive Land Use Plan. Said guidelines shall be advisory in nature. Applicants for special use permits will be encouraged to consider and incorporate said guidelines in the preparation of applications.
O.
The proposed site or use will comply with the requirements of Chapter 49, Environmental Quality Review, of the Code of the Town of Greenfield, New York.
Q.
Any person who applies for any reason to the Town of Greenfield Planning Board or the Town of Greenfield Zoning Board of Appeals must be in compliance with all sections of the Town of Greenfield Zoning Law, except for the item or items encompassed in that particular application, for that application to be accepted for action by either Board.
§ 105-55 Determination.
A.
Denial. If the Planning Board determines that the proposed use would not comply with the requirements of this chapter and in particular with the standards stated in § 105-54, it shall deny the application.
B.
Approval. If the Planning Board determines that the proposed use will comply with this chapter and in particular with the standards stated in § 105-54 of this article, the Board shall grant a special use permit for the proposed use. In rendering its decision, the Board shall issue a written decision that shall include any reasonable additional conditions imposed on the proposed use by the Board to prevent or minimize any potentially adverse impacts of the proposed use on adjacent property or the surrounding neighborhood. Such conditions may incorporate the standards set forth in § 105-54. Such conditions shall only go as far as to minimize or mitigate any adverse impacts directly associated with the use in question, and the conditions imposed may not have the primary effect of benefiting the Town.
§ 105-55.1 Terms of permit.
A.
The Planning Board, as a condition of granting a special permit, may specify its term of validity. There are three types of permits which may be granted by the Planning Board, as described as follows:
(1)
Permanent. Permits a specific use to continue indefinitely until the specific use ceases for any reason for a period of 12 consecutive months.
(2)
Temporary. Permits a specific use to continue until a specific date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued. This type shall not be extendable.
(3)
Renewable. Permits a specific use to continue until a specific date, unless renewed or extended by the Planning Board for an additional period of time. If not extended, the use shall be permanently discontinued. It is the responsibility of the applicant and not the Town of Greenfield, or any board, officer or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit. If not extended or renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek an extension or renewal. Applications for permit extensions or renewals shall follow the same process as for new permits.
B.
Any applicant who receives a temporary or renewable special use permit and who decides to proceed with the special use does so realizing that the temporary special use permit has a fixed duration and that all rights to continue that use terminate upon the expiration of the specified time and that the renewable special use permit may not be extended beyond its original term without approval pursuant to this section. The applicant, in accepting a temporary or renewable special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein.
§ 105-56 Action on application.
Upon making a determination on the application for a special use permit, the Planning Board shall inform the official of its decision. If the application for a special use permit is approved, the official will issue a written permit to the applicant, containing a written explanation of any special conditions imposed by the Planning Board. If the Planning Board disapproves the application for a special use permit, the official shall inform the Building Department not to issue a building or use permit to the applicant but shall supply written notice of the disapproval to the applicant.
§ 105-57 Effect of issuance.
The issuance of a special use permit shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure but shall merely authorize the processing of applications for any permits or approvals which may be required by Town, county or state codes or laws. Where applicable, the review of a special use permit application shall include the site plan review that shall be required under Article IX, Site Plan Review.
§ 105-58 Time limitation extensions.
A.
No special use permit shall be valid for a period longer than one year from the date of issuance if construction of the special use has not begun. If construction of a special use has actually begun within the first year and is thereafter diligently pursued to completion within the second year, the special use permit shall remain in force. In the event that construction has not been completed two years from the date of the special permit issuance, the special use permit shall expire, unless extended by the Planning Board. It is the responsibility of the applicant and not the Town of Greenfield, or any board, officer or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such special use permit. If not extended or renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek an extension or renewal. Applications for permit extensions or renewals shall follow the same process as for new permits.
[Amended 5-8-2008 by L.L. No. 1-2008]
B.
One or more extensions of said time, each not to exceed one year, may be granted by the Planning Board to extend the effective life of a special permit if the facts which supported the granting of the permit have not materially changed.
§ 105-59 Transfer, expansion or alteration of special use permit.
A special use permit authorizes only the activity expressly described in the application and approved permit materials. A special use permit shall expire upon change in property ownership or property transfer, unless the official is notified by the owner, in writing, prior to property transfer and the Planning Board reviews the use or activity and special permit documents and is satisfied that the use has and is being conducted in a manner that is consistent with the special permit and any conditions which may have been stipulated at the time of its issuance and approves, in writing, the transfer of the special use permit. Lack of reply from the Planning Board within 30 days of notification by the property owner shall constitute approval of the continuation of the special use permit. A new special use permit shall be required for any expansion, alteration or variation of a use already authorized by a special use permit. A request for such a permit shall be subject to the application and review procedures described in this article.