Hoosick Town City Zoning Code
ARTICLE VII
Special Permits
§ 247-33 Authority.
The Zoning Board of Appeals is hereby authorized to review and act upon all special permit uses in accordance with standards and procedures set forth in this article.
§ 247-34 Site plan review.
The Zoning Board of Appeals and Planning Board shall coordinate in State Environmental Quality Review (SEQR) and other aspects in their review of projects needing special permits and site plan reviews. (New York State Environmental Conservation Law, 6 NYCRR Part 617.)
§ 247-35 Findings required.
In considering and acting on special permits, the Zoning Board of Appeals shall consider the public health, safety, welfare of the public in general, and the residents of the proposed development. The Zoning Board of Appeals may prescribe such appropriate conditions and safeguards as may be required to fulfill the following standards:
A.
Compatibility. The proposed use will be compatible with the surrounding neighborhood and in harmony with the Comprehensive Plan for the Town of Hoosick. The standards of § 247-22 shall apply.
B.
Vehicular access. Proposed access points will be safe and not excessive in number, but shall be adequate in width, grade, alignment and visibility. They shall not be located too close to intersections or places of public assembly.
C.
Circulation and parking. Adequate off-road parking, queuing and loading spaces will be provided where appropriate to prevent the parking or standing of vehicles on public roads by any persons connected with or visiting the development, that the interior circulation system is adequate to provide safe accessibility to all required parking lots, and that adequate separation of pedestrian and vehicular movements are provided.
D.
Landscaping and screening. All parking, storage, loading, and service areas will be reasonably screened so that the property cannot be clearly viewed from the abutting property and that the general landscaping of the site is in character with the surrounding areas.
E.
Public facilities. The public facilities to service the proposed use, including water supply, sewage disposal, drainage facilities, road improvements, and parks and open spaces will be adequate for the intended level of use.
F.
Air discharges. All heating, ventilation, air-conditioning, refrigeration, HVAC and exhaust units and vents will be directed away from any adjacent residential property.
G.
Lighting. Lighting will be shielded so as to not shine directly outside the property lines. Minimum nonglare illumination may be required after hours for security purposes.
H.
Emergency access. All proposed buildings, structures, equipment and/or materials will be readily accessible for fire, emergency services and police protection. (Fire Code of New York State, Chapter 5, Section 503.)
I.
Agricultural protection. The proposed use will not adversely affect farming operations (see § 247-30B).
§ 247-36 Special permit application procedure.
A.
The Building Inspector shall refer any application for a building permit which requires a special permit to the Zoning Board of Appeals. All applications for a special permit shall be in writing, on forms prescribed by the Board, and shall be accompanied by the following:
(1)
A sketch, site and/or building plan, as applicable, providing sufficient information, including dimensions, to permit the Board of Appeals to review compliance with the general standards discussed in § 247-35 of this chapter;
(2)
Payment of the applicable fee in accordance with the fee schedule established by the Town Board; and
(3)
The proper Environmental Assessment Form (EAF) with Part I completed by the applicant (may be long form or short form, depending on the application.)
B.
Environmental impact review (SEQR). The Zoning Board of Appeals shall be responsible for compliance with 6 NYCRR Part 617 (State Environmental Quality Review Regulations) in cooperation with other involved agencies in the review of any special permit application.
C.
Upon a determination by the Zoning Board of Appeals that the application for a special permit is complete, the Board shall review the application, taking into consideration the standards for special permit review outlined in § 247-34 above, and any other special requirements for a particular use contained in this chapter.
§ 247-37 Public hearing.
The Zoning Board of Appeals shall conduct a public hearing within 62 days of the receipt of a complete application for a special permit, which shall be advertised at least five days before the hearing in the official newspaper of the Town. A notice of the public hearing shall also be sent at least five days before the hearing to all landowners identified through the listed property tax roll within 500 feet from the affect property. An application shall not be deemed to be complete until either a negative declaration has been issued or a draft environmental impact statement has been accepted as complete by the SEQR Lead Agency.
§ 247-38 Required referrals.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
For any application that involves property within 500 feet of the following: the boundary of the Town or village; a state or county park or recreation area; a state or county highway or expressway; a state- or county-owned drainage channel; or state or county land where a public building or institution is located, a full statement of the application shall also be referred at least 10 day prior to the public hearing to the Rensselaer County Bureau of Economic Development and Planning. No action shall be taken by the Board on such applications until an advisory recommendation has been received from said Bureau or until 30 days have elapsed since the Bureau received such full statement. The Zoning Board of Appeals shall report to the Rensselaer County Bureau of Economic Development and Planning on its final action within seven days of that event. Notice shall be provided to adjacent municipalities where required by General Municipal Law § 239-nn.
§ 247-39 Decisions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every decision of the Board with respect to a special use permit application shall be by resolution, fully stating the decision, including any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five business days thereof.
§ 247-40 Reimbursable costs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Reasonable costs incurred by the Board for private consultation fees or other extraordinary expense in connection with review of an application for special use permit approval shall be charged to the applicant with his/her concurrence before consultation. Such reimbursable costs shall be in addition of any application or other fees required herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.
§ 247-41 Effect of special use approval.
A.
No building permit shall be issued for any structure covered by this article until such special use permit has received approval by the Board of Appeals, and a copy of a resolution to that effect has been presented to the Building Inspector.
B.
No certificate of occupancy or use shall be issued for any structure or use of and covered by the article until the structure is completed or the land developed in strict accordance with the Board of Appeals resolution of special permit approval and other applicable requirements of this chapter.
C.
Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit has been granted.
D.
The Board of Appeals may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon determination by the Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are not longer being, complied with. In such cases, a period of sixty day shall be granted for full compliance by the applicant prior to the revocation of the special use permit.
§ 247-42 Relief from decisions.
Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals under this article may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice laws and regulations of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 days after the filing of the Zoning Board of Appeals's decision in the office of the Town Clerk.
§ 247-43 Specific uses.
A.
Animal husbandry.
(1)
Sufficient area or acreage should be available for the shelter and exercise of livestock, as well as for the storage of food and wastes.
(2)
Manure shall be stored away from property lines whenever possible and in accordance to best management practices according to New York State Department of Agriculture and Markets.
B.
Indoor and outdoor entertainment. Liability insurance shall be required for all indoor and outdoor entertainment venues.
C.
Gas station.
(1)
All gas stations and businesses that sell gasoline shall follow the required federal and state laws and regulations.
(2)
No gas stations or gasoline sales shall occur within 500 feet from a school or day-care center.
(3)
Oil/water separators shall be installed on all stormwater catch basins.
(4)
Concrete pads and canopies are required at filling areas.
D.
Car repair. All car repair facilities shall follow the required federal and state laws and regulations.
E.
Car wash. Car wash facilities shall use water recycling technologies when possible.
F.
Funeral home. Funeral homes must have sufficient parking.
G.
Nursing home. Nursing homes must have sufficient parking.
H.
Adult use and entertainment establishment.
(1)
No description in words, phrases, characters or other form of any specified anatomical area or any specified sexual activity shall be permitted on any display, decoration, sign, window or other opening.
(2)
Cannot be located within 1,500 feet of a school, playground, library or church.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
I.
Sawmills.
(1)
Sawmills outside of the Light Industrial/Commercial Zone shall not operate before 7:00 a.m. or after 9:00 p.m.
(2)
Sawmills shall be located 500 feet from neighboring residential properties unless the owners of such properties shall give their written consent.
J.
ATV/dirt bike/motocross tracks, commercial.
(1)
Insurance. The track operator must have general liability insurance of $1,000,000 or more.
(2)
Dust control. Dust-control methods and schedule must be provided and listed in the special permit.
(3)
Hours of operation. The track may only operate five days a week, and only eight hours a day. Tracks may not operate after 7:00 p.m. or before 10:00 a.m.
(4)
A buffer of at least 500 feet from neighboring properties must be provided.
(5)
Minimum acreage for property is 20 acres.
(6)
Parking. No regular parking on the opposite side of road that requires users/visitors to cross the road is allowed. Special event parking may be allowed on the opposite side of the road only with a special event permit as required in the Town's Special Events Law (and with flagperson).
(7)
The fueling area must be on concrete or other impervious pavement.
(8)
Any special events such as races require a special events permit from the Town Board.