Hillsdale City Zoning Code
ARTICLE VI
Special Permits
§ 245-32 Purpose and applicability.
It is the policy of the Town of Hillsdale to allow a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment, or the rural character of the Town. Many of the uses listed in the Use Table (§ 245-15) are therefore permitted only upon issuance of a special permit by the Zoning Board of Appeals, in order to ensure that these uses are appropriate to their surroundings and satisfy performance criteria in each particular case. In addition, certain uses in the Stream Corridor (SC) Overlay District are permitted only by special permit issued by the Zoning Board of Appeals (see § 245-28B). Special permits for new multifamily and accessory dwellings pursuant to § 245-25 shall be granted by the Planning Board. All references to the Zoning Board of Appeals appearing in this chapter shall apply to the Planning Board in connection with such special permits.
§ 245-33 Required plans.
Because the impact of specially permitted uses varies greatly, the information required to be submitted for a special permit will vary depending upon the scale of the proposed use and whether it is a major or minor project as defined in Article XIV of this chapter.
A.
Major projects. An applicant for a major project shall submit:
(1)
A major project application form.
(3)
A narrative report describing how the proposed use will satisfy the criteria set forth in § 245-35, as well as any other applicable requirements relating to the specific use proposed.
(4)
A long-form environmental assessment form or draft environmental impact statement.
(5)
The major project application fee, as established by the Town Board, and any required escrow deposit for review costs, as required by the Zoning Board of Appeals.
B.
Minor projects. An applicant for a minor project special permit shall submit:
(1)
A minor project application form.
(3)
A brief narrative describing the proposed use.
(4)
A short-form environmental assessment form (EAF) (unless the Zoning Board of Appeals determines that the proposed special permit is a Type I action, in which case a long-form EAF shall be required).
(5)
The minor project application fee as established by the Town Board, and an escrow deposit (if required).
§ 245-34 Procedure.
A.
Application.
(1)
Application for a special permit may be made either to the Zoning Officer or directly to the Zoning Board of Appeals, on forms prescribed by the Zoning Board of Appeals.
(2)
If an application is for a parcel or parcels on which more than one use requiring a special permit is proposed, the applicant may submit a single application for all such uses. The Zoning Board of Appeals may grant the application with respect to some proposed uses and not others. For purposes of determining whether the application is a major or minor project (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.
B.
Informal meeting. Before filing an application, an informal meeting with the Zoning Board of Appeals is recommended to discuss the nature of the proposed use and to determine the information that will need to be submitted.
C.
Mediation. At any point in a project review process, the Zoning Board of Appeals may, if it deems appropriate and the parties consent, appoint a mediator to work informally with the applicant, neighboring property owners, and other concerned citizens to address concerns raised about the proposed special use. Such mediation may be conducted by any qualified and impartial person. The mediator shall have no power to impose a settlement or bind the parties or the Zoning Board of Appeals, and any settlement reached shall require Board approval to assure compliance with all provisions of this chapter. The cost, if any, of such mediation may be charged to the applicant as part of the cost of project review, with the applicant's consent.
D.
SEQRA compliance. Upon receipt of application materials it deems complete, the Zoning Board of Appeals shall initiate the New York State Environmental Quality Review process by either circulating the application and environmental assessment form to all involved agencies (if coordinated review is undertaken) or by issuing its determination of significance within 20 days. Where doubt exists concerning whether or not the proposed action may have a significant effect on the environment, the Zoning Board of Appeals shall issue a positive declaration and require the submission of a draft environmental impact statement (DEIS). No time periods for decisionmaking in this chapter shall begin to run until either acceptance of a DEIS as satisfactory pursuant to 6 NYCRR Part 617.9 or the issuance of a negative declaration.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Referral to County Planning Board.
(1)
Upon receipt of application materials it deems to be complete, the Zoning Board of Appeals shall refer to the Columbia County Planning Board any application for a special permit affecting real property within 500 feet of the boundary of the Town of Hillsdale, the boundary of any existing or proposed county or state park or other recreational area, the boundary of any existing or proposed county or state roadway, the boundary of any existing or proposed right-of-way for a stream or drainage channel owned by the county for which the county has established channel lines, or the boundary of any existing or proposed county- or state-owned land on which a public building or institution is situated, pursuant to General Municipal Law, Article 12-B, §§ 239-l and 239-m, as amended.
(2)
No action shall be taken on applications referred to the County Planning Board until its recommendation has been received, or 30 days have elapsed after its receipt of the complete application, unless the county and town agree to an extension beyond the thirty-day requirement for the County Planning Board's review.
(3)
County disapproval. A majority plus one vote of the Zoning Board of Appeals shall be required to grant any special permit which receives a recommendation of disapproval from the County Planning Board because of the referral process specified above, along with a resolution setting forth the reasons for such contrary action.
F.
Referrals to the Planning Board. The Zoning Board of Appeals may, in its sole discretion, refer a special permit application to the Town Planning Board for an advisory opinion. Such application must be transmitted to the Planning Board at least 45 days prior to the public hearing. The Planning Board shall submit its opinion to the Zoning Board of Appeals before the public hearing. Failure to submit the opinion in a timely fashion shall be interpreted as a favorable opinion on the application. This section shall in no way obligate the Zoning Board of Appeals to obtain the opinion of the Planning Board on any application. It shall only offer the option of obtaining such an opinion.
G.
Notice and hearing. Within 62 days after the Zoning Board of Appeals finds an application for a special permit to be complete, the Zoning Board of Appeals shall hold a public hearing on the special permit. The applicant shall give public notice of such hearing by causing publication of a notice of such hearing in the official newspaper at least five days prior to the date thereof and, in the case of a major project, by mailing a copy of such notice of public hearing to all abutting landowners by certified mail at least 10 days prior to such hearing.
H.
Action. The Zoning Board of Appeals shall grant, deny, or grant subject to conditions, the application for a special permit within 62 days after the hearing for a major project and within 30 days for a minor project. Any decision on a major project shall contain written findings explaining the rationale for the decision in light of the standards contained in § 245-35 of this chapter.
I.
Expiration, revocation, and enforcement.
(1)
A special permit shall be deemed to authorize only the particular special use or uses permitted, and shall expire if the special use or uses shall cease for more than 24 consecutive months for any reason, or if the applicant fails to obtain the necessary building permit or fails to comply with the conditions of the special permit within 18 months of its issuance.
(2)
A special permit may be revoked by the Zoning Board of Appeals if the permittee violates the conditions of the special permit.
J.
Amendments. The terms and conditions of any special permit may be amended in the same manner as required for the issuance of a special permit, following the criteria and procedures in this chapter.
K.
Site plan approval. If the proposed use is a major project, the applicant must also obtain site plan approval from the Planning Board as provided in Article VII. Zoning Board of Appeals review of a major project shall be limited to the general acceptability of the use in relation to the surrounding neighborhood, including any general conditions on layout, design, construction, or operation necessary to ensure compliance with the criteria in § 245-35A. Detailed review of the site plan itself shall be conducted by the Planning Board pursuant to Article VII of this chapter.
§ 245-35 Criteria and findings.
A.
In granting or denying special permits, the Zoning Board of Appeals shall take into consideration the rural tradition of freedom of land use where such use does not harm others, as well as any proposed conservation easements, architectural restrictions, or other measures that would tend to mitigate potential adverse impacts and preserve or enhance the scenic and historic character of the Town. In order to grant a special permit, the Zoning Board of Appeals shall consider the following performance criteria:
(2)
Compatibility of the proposed use with adjoining properties, with the natural and built environment in the area, with the purposes of this chapter as set forth in § 245-3, and with the purposes and requirements of the base zoning district and any applicable overlay districts.
(3)
Adequacy of parking for the proposed use, and its accessibility to fire, police, and emergency vehicles.
(4)
Suitability of the property for the proposed use considering its size, topography, vegetation, soils, and hydrology and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads. The Zoning Board of Appeals may impose setbacks larger than those contained in § 245-21 if it deems appropriate.
(5)
Whether the proposed use will have no greater overall impact on the site and its surroundings than would full development of uses of the property permitted by right, considering environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances.
(6)
Any restrictions or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with surrounding uses or to protect the natural and scenic resources of the Town.
(8)
Consistency of the location of the proposed use with the goal of creating a healthy mix of uses that enhances the commercial viability of the hamlet of Hillsdale.
B.
Required findings.
(1)
The Zoning Board of Appeals shall not issue a special permit unless it makes a written finding that the proposed use, if conducted pursuant to the conditions attached to the special permit, will satisfy the criteria in § 245-35A above.
(2)
If the Zoning Board of Appeals does not make such a finding, it shall deny the special permit.