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Hyde Park City Zoning Code

§ 108-8.3

Procedure.

A. 
Application. Any application for a special use permit shall be in the manner and form prescribed in Article 30, Enforcement, of this chapter.
B. 
SEQRA.
(1) 
Any use requiring a special use permit shall be deemed to be either a Type 1 or unlisted action.
(2) 
If there is any other involved agency, the action shall undergo coordinated review and the Planning Board shall serve as the lead agency.
(3) 
An application for a special use permit shall not be deemed complete until the Planning Board or another involved agency serving as lead agency shall have adopted a finding of no significant adverse environmental impact (negative declaration) or until a DEIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy.
C. 
Public hearing. A public hearing shall be required for every special use permit. The public hearing and official notice shall comply with the requirements of § 274-b of the Town Law, and may be combined with a public hearing held pursuant to SEQRA. The notice shall contain an agriculture data statement if required by § 283-a of the Town Law. The Planning Board shall mail notice of said hearing to the applicant and to the owners of the properties within 150 feet of all property lines of the proposed special use permit at least 10 days before said hearing and shall give public notice of said hearing in a newspaper of general circulation in the Town at least five days prior to the date thereof.
D. 
Area variance. Where a proposed special use permit contains one or more features which do not comply with the regulations of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article 33 of this chapter without the necessity of a decision or determination by the Zoning Administrator.
(1) 
Such application shall be made part of the application for such special use permit.
(2) 
The fee for such application shall be in addition to that required for said special use permit.