Johnstown Town City Zoning Code

ARTICLE X

Special Use Permits

§ 84-54 Special use permits.

Purpose. Pursuant to the land use policies and goals of the Town of Johnstown, it is the policy of the Town of Johnstown to balance the allowance and encouragement of a variety of uses of land and to foster economic opportunities within the municipal boundaries of the Town, provided that such uses do not unreasonably and adversely affect neighboring properties, the natural environment, the rural and historic character of the Town or the long-term development of the Town. Many uses are, therefore, permitted only upon issuance of a special use permit by the Planning Board in order to ensure that these uses are appropriate to their surroundings and satisfy performance criteria on a case-by-case basis. In some instances, approval of a site plan by the Planning Board is also required. In such cases, the applicant may request that the procedures for the special use permit and site plan approval be run concurrently and such request will not be unreasonably denied.

Applicability. Uses requiring special use permits are identified in the Use Table found in Appendix A. Accessory uses or structures used in connection with a special use permit use shall be subject to the same special use permit approval requirements as the principal structure or use.

Required plans and submittals. Because the impact of special use permit uses varies greatly, the information required to be submitted for a special use permit may vary depending upon the scale, intensity, nature of the proposed use and its proposed location. An applicant for a special use permit shall submit at least one original and 10 copies of the following together with whatever other information the Planning Board deems appropriate:

A Town of Johnstown special use permit application form.

A plot plan drawn to scale with accurate dimensions providing information sufficient to enable the Board to make an informed decision, and an agricultural data statement as defined below.

A narrative describing the proposed use and operation.

A short-form or long-form SEQRA environmental assessment form (EAF) with Part 1 fully completed by the applicant (a long-form EAF is required for all SEQRA Type I actions, but the Planning Board may require a long-form EAF for unlisted actions if the Board deems that the additional information contained on the long-form would be helpful and appropriate under the circumstances of the project proposal).

The application fee as established by the Town Board, and an escrow deposit for reimbursement of cost of Town consultants (if required) pursuant to Article II of this chapter.

The Planning Board may waive or add any requirements for an application submission if it deems appropriate in order to accomplish the purposes set forth herein.

Procedure.

Application.

Multiple uses. If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant may submit a single application for all such uses. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

Scheduling. In order for a special use permit application to be placed on the Planning Board's meeting agenda, the required application materials shall be submitted to the Planning Board at least seven days prior to the date of the Planning Board's meeting. In order for a pre-application conference, as described herein below in Subsection D(2), Optional Pre-application Conference, to be scheduled, a request for such conference shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted seven days prior to the meeting at which the conference is requested to be scheduled.

Completeness review. At the first meeting at which an application is first presented as an agenda item, the Planning Board shall determine whether the application is complete for purposes of commencing the review process. If an application is determined to be incomplete, the Planning Board shall notify the applicant in writing as to what aspects of the application submittal are lacking or are otherwise insufficient to start the process. The time-frames for Planning Board action during the review process shall not commence until the submission of a fully complete application with supporting documents and materials and the determination by the Planning Board that the application is complete.

Optional pre-application conference. Prior to submitting a completed application, the applicant may elect to attend a Planning Board meeting to discuss the nature of the proposed use and to determine the information that will need to be submitted. The purpose of this meeting is for the applicant and the Board to informally discuss the proposal and the relevant issues involved before the applicant expends significant time or money in application submittals.

Application for area variance. Where a proposed special use permit application contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an Area Variance pursuant to this chapter without a decision or determination by the Code Enforcement Officer. The Planning Board shall decide whether such area variance application and Zoning Board of Appeals decision on same must occur as a condition to the issuance of the special use permit, as a prerequisite for a complete special use permit application, or in conjunction with the special use permit process.

SEQRA compliance. Upon receipt of application materials it deems complete, the Planning Board 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 30 days of its acceptance of a completed application, EAF and other supporting materials. Where the proposed action may have a significant effect on the environment, the Planning Board shall issue a positive declaration and require the submission of a Draft Environmental Impact Statement (DEIS). No time periods for decision making in this chapter shall begin to run until either acceptance of a DEIS as satisfactory pursuant to New York State Department of Environmental Conservation Regulations or the issuance of a negative declaration.

Referral to County Planning Board.

§ 239-m of the General Municipal shall be adhered to.

Agriculture data statement. An agriculture data statement is required where the proposed use is located in, or within 500 feet of, the boundaries of an agricultural district.

If an agricultural data statement has been submitted, the Secretary of the Planning Board shall, upon receipt of the application, mail written notice of the special use permit application to all owners of land within 500 feet of the project property within an agricultural district and containing farm operations as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location. The cost of mailing the notice shall be borne by the applicant.

Notice and hearing.

The Planning Board shall hold a public hearing on a complete special use permit application within 62 days from the determination of the Planning Board that the application is complete. The time in which a public hearing must be held may be lengthened only upon consent of the Applicant and Planning Board.

At least five days prior to the date of such hearing, the Planning Board shall give public notice by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to all adjoining property owners and to any other property owners in the affected area that the Planning Board may require to be notified.

In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board must give notice of the hearing to the Clerk of the adjacent municipality, by either mail or electronic transmission, at least 10 days prior to the hearing pursuant to General Municipal Law § 239-m.

Review criteria.

In considering and acting on uses requiring a special use permit, the Planning Board shall consider the public health, safety, and general welfare. The Board shall also consider potential environmental impacts and the comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area. The Board may prescribe such appropriate conditions and safeguards as may be necessary in order that the results of its action shall, to the maximum extent possible, further the accomplishment of the criteria set forth below. A special use permit shall not be granted until the Planning Board finds that the following criteria, as well as any special criteria, if any, for the particular type of use set forth as a special use permit Condition have been met:

Harmony with master plan. The use shall be in harmony with and promote the goals and objectives of the current Master Plan for the Town, and shall be in compliance with this chapter and shall promote the health, welfare and safety of the public.

Compatibility. The proposed use shall be compatible with the character of neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area.

Access, circulation and parking. The proposed use shall have safe and efficient access for pedestrians and vehicles, shall provide for appropriate off-road parking and loading areas. The interior circulation system must be adequate to provide safe accessibility to all parking spaces and that adequate and safe integration of pedestrian and vehicular movement is provided.

Infrastructure and services. There shall be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or that the project extends or provides infrastructure and services for the area where the proposed use is located. There shall also be facilities and services implemented by the applicant to appropriately control any potential nuisances from the operation of the use such as control of litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare.

Environment and natural features. The proposed use shall be compatible with, and appropriately protect environmental and natural resources, including the environmental and physical suitability of the site for development and the general landscaping, screening and buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare shall be minimized to the maximum extent practicable.

Long term effects. The proposed use shall provide positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the Town and surrounding properties, districts and uses.

Compliance with supplemental regulations. The proposed use shall be compliant with any applicable special use permit criteria or supplemental regulations established in this chapter.

Animal husbandry. For Animal Husbandry uses requiring a special use permit, applicants and the Planning Board shall also refer to § 84-18 of this chapter.

Action.

The Planning Board shall grant, deny, or grant subject to conditions the application for a special use permit within 62 days after the hearing. Any decision by the Planning Board shall contain written findings explaining the rationale for the decision in light of the general criteria contained in this article as well as any special criteria for the particular type of use as established in this chapter.

In granting a special use permit, the Planning Board may impose conditions that it considers necessary to protect the health, safety, and welfare of the Town and to achieve the purposes contained in this chapter and the Town's Master Plan. These conditions may include increasing dimensional or area requirements, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to minimize the burden on public services and facilities and protect open space, requiring the protection of open space of conservation value using conservation easements, and requiring action by the applicant (including the posting of performance bonds and furnishing of guarantees) to insure the completion of the project in accordance with the terms and conditions applicable thereto.

Expiration, change of use, revocation, and enforcement.

A special use permit shall expire if the special use permit use or uses cease for more than 12 consecutive months for any reason, if the applicant fails to obtain the necessary Certificate of Compliance or fails to comply with the conditions of the special use permit within 12 months of its issuance, or if its time limit specified in the special use permit expires without renewal.

A special use permit shall apply to the use for which it has been granted, as well as to any subsequent similar use of the property which complies with all terms and conditions of the special use permit (as determined by the Code Enforcement Officer in issuing a Certificate of Compliance) and which does not involve any new construction, enlargement, exterior alteration of existing structures, or changed use of outdoor areas. Any other change to a use allowed by special use permit shall require the granting of a new special use permit or a special use permit amendment.

A special use permit may be revoked by the Town CEO if the permittee violates the conditions of the special use permit or engages in any construction or alteration not authorized by the special use permit.

Any violation of the conditions of a special use permit shall be deemed a violation of this chapter, and shall be subject to enforcement action as provided herein.

Findings required. In granting or denying special use permits, the Planning Board shall take into consideration the type, scale and intensity of the proposed project, the surrounding area, the possible impact of the proposed project on nearby properties and uses, the criteria set forth in this article, Subsection D(8), Review Criteria, any applicable requirements and purposes of this chapter, and the policies and goals of the current Master Plan. The Planning Board shall set forth its findings in writing as part of its decision-making process.

Amendments. The terms and conditions of any special use permit may be amended in the same manner as required to grant a special use permit, following the criteria and procedures in this article. Any enlargement, alteration, or construction of accessory structures subject to a valid special use permit shall require a special use permit amendment.

Johnstown Town City Zoning Code

ARTICLE X

Special Use Permits

§ 84-54 Special use permits.

Purpose. Pursuant to the land use policies and goals of the Town of Johnstown, it is the policy of the Town of Johnstown to balance the allowance and encouragement of a variety of uses of land and to foster economic opportunities within the municipal boundaries of the Town, provided that such uses do not unreasonably and adversely affect neighboring properties, the natural environment, the rural and historic character of the Town or the long-term development of the Town. Many uses are, therefore, permitted only upon issuance of a special use permit by the Planning Board in order to ensure that these uses are appropriate to their surroundings and satisfy performance criteria on a case-by-case basis. In some instances, approval of a site plan by the Planning Board is also required. In such cases, the applicant may request that the procedures for the special use permit and site plan approval be run concurrently and such request will not be unreasonably denied.

Applicability. Uses requiring special use permits are identified in the Use Table found in Appendix A. Accessory uses or structures used in connection with a special use permit use shall be subject to the same special use permit approval requirements as the principal structure or use.

Required plans and submittals. Because the impact of special use permit uses varies greatly, the information required to be submitted for a special use permit may vary depending upon the scale, intensity, nature of the proposed use and its proposed location. An applicant for a special use permit shall submit at least one original and 10 copies of the following together with whatever other information the Planning Board deems appropriate:

A Town of Johnstown special use permit application form.

A plot plan drawn to scale with accurate dimensions providing information sufficient to enable the Board to make an informed decision, and an agricultural data statement as defined below.

A narrative describing the proposed use and operation.

A short-form or long-form SEQRA environmental assessment form (EAF) with Part 1 fully completed by the applicant (a long-form EAF is required for all SEQRA Type I actions, but the Planning Board may require a long-form EAF for unlisted actions if the Board deems that the additional information contained on the long-form would be helpful and appropriate under the circumstances of the project proposal).

The application fee as established by the Town Board, and an escrow deposit for reimbursement of cost of Town consultants (if required) pursuant to Article II of this chapter.

The Planning Board may waive or add any requirements for an application submission if it deems appropriate in order to accomplish the purposes set forth herein.

Procedure.

Application.

Multiple uses. If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant may submit a single application for all such uses. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQRA compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

Scheduling. In order for a special use permit application to be placed on the Planning Board's meeting agenda, the required application materials shall be submitted to the Planning Board at least seven days prior to the date of the Planning Board's meeting. In order for a pre-application conference, as described herein below in Subsection D(2), Optional Pre-application Conference, to be scheduled, a request for such conference shall be in writing identifying the subject property, its owner and the proposed use, and shall be submitted seven days prior to the meeting at which the conference is requested to be scheduled.

Completeness review. At the first meeting at which an application is first presented as an agenda item, the Planning Board shall determine whether the application is complete for purposes of commencing the review process. If an application is determined to be incomplete, the Planning Board shall notify the applicant in writing as to what aspects of the application submittal are lacking or are otherwise insufficient to start the process. The time-frames for Planning Board action during the review process shall not commence until the submission of a fully complete application with supporting documents and materials and the determination by the Planning Board that the application is complete.

Optional pre-application conference. Prior to submitting a completed application, the applicant may elect to attend a Planning Board meeting to discuss the nature of the proposed use and to determine the information that will need to be submitted. The purpose of this meeting is for the applicant and the Board to informally discuss the proposal and the relevant issues involved before the applicant expends significant time or money in application submittals.

Application for area variance. Where a proposed special use permit application contains one or more features which do not comply with the dimensional regulations of this chapter, application may be made to the Zoning Board of Appeals for an Area Variance pursuant to this chapter without a decision or determination by the Code Enforcement Officer. The Planning Board shall decide whether such area variance application and Zoning Board of Appeals decision on same must occur as a condition to the issuance of the special use permit, as a prerequisite for a complete special use permit application, or in conjunction with the special use permit process.

SEQRA compliance. Upon receipt of application materials it deems complete, the Planning Board 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 30 days of its acceptance of a completed application, EAF and other supporting materials. Where the proposed action may have a significant effect on the environment, the Planning Board shall issue a positive declaration and require the submission of a Draft Environmental Impact Statement (DEIS). No time periods for decision making in this chapter shall begin to run until either acceptance of a DEIS as satisfactory pursuant to New York State Department of Environmental Conservation Regulations or the issuance of a negative declaration.

Referral to County Planning Board.

§ 239-m of the General Municipal shall be adhered to.

Agriculture data statement. An agriculture data statement is required where the proposed use is located in, or within 500 feet of, the boundaries of an agricultural district.

If an agricultural data statement has been submitted, the Secretary of the Planning Board shall, upon receipt of the application, mail written notice of the special use permit application to all owners of land within 500 feet of the project property within an agricultural district and containing farm operations as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location. The cost of mailing the notice shall be borne by the applicant.

Notice and hearing.

The Planning Board shall hold a public hearing on a complete special use permit application within 62 days from the determination of the Planning Board that the application is complete. The time in which a public hearing must be held may be lengthened only upon consent of the Applicant and Planning Board.

At least five days prior to the date of such hearing, the Planning Board shall give public notice by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to all adjoining property owners and to any other property owners in the affected area that the Planning Board may require to be notified.

In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board must give notice of the hearing to the Clerk of the adjacent municipality, by either mail or electronic transmission, at least 10 days prior to the hearing pursuant to General Municipal Law § 239-m.

Review criteria.

In considering and acting on uses requiring a special use permit, the Planning Board shall consider the public health, safety, and general welfare. The Board shall also consider potential environmental impacts and the comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area. The Board may prescribe such appropriate conditions and safeguards as may be necessary in order that the results of its action shall, to the maximum extent possible, further the accomplishment of the criteria set forth below. A special use permit shall not be granted until the Planning Board finds that the following criteria, as well as any special criteria, if any, for the particular type of use set forth as a special use permit Condition have been met:

Harmony with master plan. The use shall be in harmony with and promote the goals and objectives of the current Master Plan for the Town, and shall be in compliance with this chapter and shall promote the health, welfare and safety of the public.

Compatibility. The proposed use shall be compatible with the character of neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area.

Access, circulation and parking. The proposed use shall have safe and efficient access for pedestrians and vehicles, shall provide for appropriate off-road parking and loading areas. The interior circulation system must be adequate to provide safe accessibility to all parking spaces and that adequate and safe integration of pedestrian and vehicular movement is provided.

Infrastructure and services. There shall be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or that the project extends or provides infrastructure and services for the area where the proposed use is located. There shall also be facilities and services implemented by the applicant to appropriately control any potential nuisances from the operation of the use such as control of litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare.

Environment and natural features. The proposed use shall be compatible with, and appropriately protect environmental and natural resources, including the environmental and physical suitability of the site for development and the general landscaping, screening and buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare shall be minimized to the maximum extent practicable.

Long term effects. The proposed use shall provide positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the Town and surrounding properties, districts and uses.

Compliance with supplemental regulations. The proposed use shall be compliant with any applicable special use permit criteria or supplemental regulations established in this chapter.

Animal husbandry. For Animal Husbandry uses requiring a special use permit, applicants and the Planning Board shall also refer to § 84-18 of this chapter.

Action.

The Planning Board shall grant, deny, or grant subject to conditions the application for a special use permit within 62 days after the hearing. Any decision by the Planning Board shall contain written findings explaining the rationale for the decision in light of the general criteria contained in this article as well as any special criteria for the particular type of use as established in this chapter.

In granting a special use permit, the Planning Board may impose conditions that it considers necessary to protect the health, safety, and welfare of the Town and to achieve the purposes contained in this chapter and the Town's Master Plan. These conditions may include increasing dimensional or area requirements, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to minimize the burden on public services and facilities and protect open space, requiring the protection of open space of conservation value using conservation easements, and requiring action by the applicant (including the posting of performance bonds and furnishing of guarantees) to insure the completion of the project in accordance with the terms and conditions applicable thereto.

Expiration, change of use, revocation, and enforcement.

A special use permit shall expire if the special use permit use or uses cease for more than 12 consecutive months for any reason, if the applicant fails to obtain the necessary Certificate of Compliance or fails to comply with the conditions of the special use permit within 12 months of its issuance, or if its time limit specified in the special use permit expires without renewal.

A special use permit shall apply to the use for which it has been granted, as well as to any subsequent similar use of the property which complies with all terms and conditions of the special use permit (as determined by the Code Enforcement Officer in issuing a Certificate of Compliance) and which does not involve any new construction, enlargement, exterior alteration of existing structures, or changed use of outdoor areas. Any other change to a use allowed by special use permit shall require the granting of a new special use permit or a special use permit amendment.

A special use permit may be revoked by the Town CEO if the permittee violates the conditions of the special use permit or engages in any construction or alteration not authorized by the special use permit.

Any violation of the conditions of a special use permit shall be deemed a violation of this chapter, and shall be subject to enforcement action as provided herein.

Findings required. In granting or denying special use permits, the Planning Board shall take into consideration the type, scale and intensity of the proposed project, the surrounding area, the possible impact of the proposed project on nearby properties and uses, the criteria set forth in this article, Subsection D(8), Review Criteria, any applicable requirements and purposes of this chapter, and the policies and goals of the current Master Plan. The Planning Board shall set forth its findings in writing as part of its decision-making process.

Amendments. The terms and conditions of any special use permit may be amended in the same manner as required to grant a special use permit, following the criteria and procedures in this article. Any enlargement, alteration, or construction of accessory structures subject to a valid special use permit shall require a special use permit amendment.