Halfmoon City Zoning Code
ARTICLE XVI
Special Use Permits
§ 165-82 Purpose.
The purpose of special use approval is to allow the proper integration of uses into the community and zoning districts which are only suitable in such areas given certain conditions and at appropriate locations. Because of their characteristics, or the special characteristics of the area in which they are to be located, special uses require special consideration so that they may be properly located with respect to the objectives of the chapter and their effect on surrounding properties.
§ 165-83 Procedure.
A.
Upon an application supplementing an application to the Enforcement Officer for a permit or certificate of occupancy, the Planning Board may grant a permit for any use for which approval of such Board is required under this chapter. The Planning Department shall notify the Town Board, in writing, upon receipt of an application requesting a special use permit by providing a copy of the application to the Town Clerk. The Town Clerk shall place receipt of any such application on the next Town Board agenda as correspondence. In granting such permit, the Planning Board may specify appropriate conditions in harmony with the following standards:
[Amended 9-19-2012 by L.L. No. 3-2012]
(1)
The use shall be in such location and of such size and character that will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.
(2)
The location and size of the use, the nature and intensity of the operation involved in or conducted in connection therewith, its site layout, and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic, thoroughfares and to street and road intersections, and the general character and intensity of development of the neighborhood.
(3)
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
B.
The Planning Board shall act in strict accordance with the procedure specified by law. All applications made to the Board shall be in writing, on forms prescribed by the Board. Every application shall refer to the specific provision of the law involved and shall exactly set forth the use for which the special permit is sought.
C.
Every decision of the Planning Board shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each resolution, together with all documents pertaining thereto, shall be filed in the office of the Town Clerk, by case number under the heading of "Special Use Permit." The Planning Board shall notify the Town Board and Enforcement Officer of each special use permit granted under the provisions of this chapter.
§ 165-84 Hearing and determination.
[Amended 6-17-2008 by L.L. No. 2-2008]
The Planning Board shall fix a reasonable time for the public hearing of the special use permit application and give public notice thereof by the publication in the official paper of a notice of such hearing, at least five days prior to the date thereof, and shall, at least five days before such hearing, mail notices thereof to the parties and to the regional state park commission having jurisdiction over any state park or parkway within 500 feet of the property affected by such application. The Board shall decide the special use permit application within 62 days after the final hearing. The Planning Board shall notify, personally or by certified or registered mail at least 10 days prior to such hearing, all owners of property who abut, are adjacent to, or are situated across an established road from the proposed boundary lines of the property which is the subject of the hearing and shall also notify such other persons as the Chairman of the Planning Board may deem necessary. Upon the hearing, any party may appear in person or by agent or by attorney.
§ 165-85 Notification of action.
The Planning Board shall notify the applicant for a special use permit in writing of the Board's action within 10 days after a decision has been rendered.