Le Ray City Zoning Code
ARTICLE XVI
Special uses
§ 158-124 Purpose, applicability and authority.
A.
Purpose.
(1)
The purpose of this article is to provide greater flexibility in the placement of certain kinds of uses that are generally compatible with and complementary to the uses now permitted in the zone yet because of their unique characteristics require appropriate safeguards to be imposed.
(2)
This article intends to provide the framework for adequate review and tighter control of certain uses which have a marked effect on the surrounding area due to their unusual design, operational characteristics and intensity, or the amount of traffic, noise, odor, glare, pollution or other potential adverse impacts they may generate and impose on the surrounding community.
C.
Authority to grant or deny special uses.
(1)
The special uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Planning Board in accordance with the standards and procedures set forth in this section and such additional standards as may be set forth for such special uses elsewhere in this chapter.
(2)
The zoning variance procedure before the Zoning Board of Appeals shall not be used to acquire authorization to enlarge, modify or otherwise alter a special use or to amend a preexisting and active special use permit. Such authorization may be granted by the Planning Board only.
(3)
In permitting a special use or the modification of a special use, the Planning Board may impose, in addition to those standards and requirements expressly specified by this chapter, any additional conditions which the Planning Board reasonably determines are necessary to protect the best interests, health, safety and welfare of the surrounding property or the Town of LeRay as a whole. These conditions include but are not limited to:
(a)
Limiting the intensity of the proposed use.
(b)
Limiting the density of development on site and modifying required setback, yard and area requirements.
(c)
Controlling the location and number of vehicle access points.
(d)
Limiting the number, size and location of signs.
(e)
Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
(4)
In the case of uses existing prior to the effective date of this chapter and classified in this chapter as special use, any change in use, lot area or an alteration of structure shall conform to the requirements pertaining to special uses.
§ 158-125 Procedure for application and review.
A.
Application requirements.
(1)
If a use is permitted by special use permit, as set forth in this chapter, the applicant shall make a written application for a review of completeness and an approval to the Planning Board of the Town of LeRay on forms prescribed by the Town.
[Amended 8-11-2016 by L.L. No. 4-2016]
(2)
At a minimum, a complete application shall include the following:
(a)
The applicant's name, address and interest in the subject property.
(b)
The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application.
(c)
The street address and legal description of the subject property.
(d)
A complete application for preliminary site plan approval as required by Article XX. The site plan approval process can run concurrently with the special use permit process, if desired by the applicant.
(e)
A written statement addressing the standards relevant to the proposed use and other regulations pertaining to specific uses as outlined in this article. Such statement shall specifically describe how the proposed special use permit relates to and meets each such standard, whether qualitative or quantitative in nature.
(f)
A map showing the property and all properties within a radius of 500 feet to the exterior boundaries thereof.
(g)
Plans and elevations necessary to show the proposed development and other drawings or information necessary to attain an understanding of the proposed use and its relationship to surrounding properties as required by this chapter.
(h)
Any additional information which may be required to demonstrate compliance with any additional standards imposed on the special use permit by the particular provision of this article authorizing the special use.
(3)
Applicants may request a preapplication meeting with the Planning Board Chairman and Community Development Coordinator, or with any consultants retained by the Planning Board for application review.
(4)
Ten copies of the completed special use permit application and all required information, plans, drawings and/or renderings shall be submitted to the Planning Department 12 days prior to the regular meeting of the Planning Board. Applications may be made by the owner of the property or his/her duly authorized representative, who shall attend the meeting of the Planning Board to discuss the application.
[Amended 8-11-2016 by L.L. No. 4-2016]
(5)
The Planning Board Chairman and Planning Department staff or Town-designated consultants shall, within 10 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this section is included in the application. No application shall be considered unless all items required as part of the application are included.
(6)
If the application is deficient or lacking necessary information, the Planning Department staff shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information unless it causes a material change in the application.
(7)
Upon submission of the missing information, the Planning Department shall transmit the application to the Planning Board and Town Clerk, and the application shall be placed on the agenda of the next available Planning Board meeting.
B.
Fee. Every application for a special use permit shall be accompanied by a fee which shall be set by resolution from time to time by the Town Board of the Town of LeRay.
C.
Public hearing on special use application.
(1)
Within 62 days of the receipt of a complete application for special use permit, the Planning Board shall convene to review and consider said application. Within the same sixty-two-day period, the Planning Board shall schedule and hold a public hearing on the application.
(2)
Notice shall be given by first-class mail to property owners within 1,000 feet of the property boundary, and published in the Town's official newspaper, no less than five yet not more than 20 days before any hearing. Compliance with this subsection shall not be a condition precedent to proper legal notice, and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices provided for in this section.
(4)
The public hearing may be combined with public hearings on any environmental impact statement or requested variances.
(5)
Upon receipt of the report of the recommendation of the County Planning Board, the holding of the public hearing, and the completion of the SEQRA process, and within 62 days of the public hearing, the Town Planning Board shall approve, conditionally approve, or disapprove the special use permit application. The time in which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
D.
Notification of action.
(1)
The decision of the Planning Board on the application shall be filed in the office of the Town Clerk within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant.
(2)
The Planning Board shall notify the applicant for a special use permit in writing with the Board's decision within five days after the decision has been rendered.
(3)
A copy of the meeting minutes from said meeting mailed to the applicant shall constitute proper notice.
(4)
In the event of disapproval, the Planning Board's written notice must include a description of the rationale and reasoning in support of such disapproval, with specific references to portions of this chapter or other chapters of the Town of LeRay Code that were utilized in determining the deficiency of the application.
§ 158-126 General standards governing special uses.
A.
Except as may be provided elsewhere in this article, each special use permit application shall meet the following standards:
(2)
In order to grant any special use, the Planning Board shall find that the request is in harmony with the general purpose and intent of this chapter and its regulations as stated herein, taking into account the following:
(a)
The character, function, density, intensity and types of uses on neighboring property.
(b)
The location and area requirements for land and buildings of such use.
(c)
The nature and intensity of the operations involved in or conducted in connection with such use.
(d)
The size of the site in respect to streets giving access thereto.
(e)
Whether or not the proposed use will have a materially adverse impact upon adjoining and nearby properties.
(f)
Whether or not the proposed use will result in clearly adverse aesthetic and visual impacts.
(3)
In order to grant any special use, the Planning Board shall find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the area of such proposed use or be injurious to the property and improvements in the area or to the general welfare of the Town.
(4)
To the greatest extent practical, proposed special uses shall avoid any undue adverse impact on the natural, physical, social and economic resources of the Town.
(5)
The site plan for the property shall be approved in accordance with the provisions of Article XX of this chapter.
(6)
The proposed size, height, architectural character and placement of new or expanded structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.
(7)
Streets and access facilities serving the site shall be able to safely accommodate the expected traffic generated by the proposed use. In addition, the use shall not:
(8)
The proposed use shall not adversely affect the use and enjoyment of adjacent properties by generating excessive noise, vibration, light, glare, odors or any other form of pollution, nuisance or public safety concern.
(9)
The proposed use will be served adequately by essential services such as streets and highways, off-street and on-street parking, police and fire protection, stormwater drainage, refuse disposal, water and sewer facilities, schools and other essential services as determined by the Planning Board.
B.
Special use permit and site plan approval.
(1)
An applicant shall decide if it wishes to complete the special use permit process concurrently with site plan review as required pursuant to Article XX.
(2)
The Planning Board may rule on an application for a special use permit independently from an application for site plan review and approval, with the following conditions:
(a)
Site plan review and approval completed separately from the special permit process must take place after the special permit process has been completed and a determination rendered by the Planning Board.
(b)
Site plan review and approval shall be subject to the conditions of approval for the special permit granted for the property.
C.
Preexisting special uses. Any use lawfully established prior to and lawfully continuing in existence on the date of adoption of this chapter, and which is located in a district in which the special use is permitted under the terms of this chapter shall be deemed a conforming use without further action, application or review, unless a preexisting special use permit expires, or unless such use ceases to continue for a period of more than six consecutive months.
D.
Discontinuance.
(1)
A special use permit shall become void five years after approval, or after such lesser time as may be specified as a condition of approval by the Planning Board, unless within that time the owner has obtained a valid and active building permit from the Jefferson County Fire Prevention and Building Code Department.
(2)
Such requirement to obtain building permits shall not be required of Special Use Permits granted for minor and major home occupations.
(3)
No less than 60 days and no more than 180 days prior to the date of the five-year anniversary of the special use permit, the Zoning Enforcement Officer shall notice the owners, operators and/or managers of said property of the pending discontinuance of the special use permit.
(4)
The special use permit shall expire if an initiated special use, as approved, ceases activity for a period of more than three years continuously. This shall include home occupations.
E.
Extension. A special use permit grantee shall not be provided an extension such that the time required for building construction, alteration or enlargement to commence exceeds five years.
F.
Modification or revocation of special use permit.
(1)
A special use permit may be modified or revoked by the Planning Board as set forth below.
(a)
The Zoning Enforcement Officer shall provide legal written notice to the owners, operators and/or managers of said property stating that the Town is seeking to modify or revoke a previously approved special use permit.
(b)
The Planning Board shall schedule a public hearing within 30 days of such notice to the owners, operators and/or managers of said property.
(c)
The public hearing shall be held to discuss:
[1]
A change in circumstances, conditions or the magnitude of community impact under which the special use permit was originally granted causing the need to modify said permit; or
[2]
Whether or not the special permit grantee has violated the terms and conditions of the special use permit causing the need to revoke said permit.
(d)
In the event the Town seeks to modify the granted special use permit, the Town shall be required to explain the changes in circumstances, conditions or magnitude of community impact related to said operating special use and provide a recommended remedy.
(e)
In the event of a potential revocation, the special permit grantee shall be afforded the opportunity to explain and defend its actions and operations taking place on the property.
(f)
At the closure of said public hearing, the Planning Board shall render its decision based upon the terms and conditions of the special use permit and the regulations established within this chapter.
(g)
Within five days of such hearing the Planning Board must notify the special permit grantee, in writing, of its decision.
(2)
The applicant or any persons may appeal a decision of revocation or modification made by the Planning Board. An appeal of such decision shall be to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.