Milan Town City Zoning Code
ARTICLE VIII
Special Use Permits
§ 200-61 General standards.
All special use permits cited in Table A, Schedule of Use Regulations,[1] shall be subject to review and approval by either the Zoning Board of Appeals or the Planning Board as specified. The distinction between the special use permits is indicated in Table A, Schedule of Use Regulations. All Type A special use permits require approval from the Zoning Board of Appeals. All of the Type B special use permits require approval by the Planning Board, with an integrated site plan review and approval, as set forth in Article X of this chapter. No building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer/Building Inspector for a use requiring a special use permit until approval for the special use permit has been granted by the appropriate board.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
In authorizing any special use permit, the Zoning Board of Appeals and the Planning Board shall take into consideration the public health, safety and general welfare, the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Zoning Board of Appeals and the Planning Board shall also take into strict account the specific conditions and applicable supplementary regulations stated in Article V of this chapter and the following general objectives:
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use, and the location of the site with respect to existing and future streets and roads providing access, will be in harmony with the orderly development of the district in which the proposed use would be located.
The location, nature and height of the buildings, walls, fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent property.
All proposed traffic accessways will be adequate but not excessive in number; adequate in width, grade, alignment and visibility; sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.
Adequate provision for safe and accessible off-street parking and loading spaces shall be provided.
All parking and service areas will be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways and the general landscaping of the site shall be in character with the neighborhood. Such landscaping will include the preservation of existing trees to the extent practicable.
All proposed buildings, structures, equipment and/or material will be readily accessible for fire and police protection.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs will be in general harmony with the character and appearance of the surrounding neighborhood, will not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and will not adversely affect the general welfare of the inhabitants of the Town of Milan.
The use will meet the prescribed area and bulk requirements for the district in which located or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.
The level of services required to support the proposed activity or use is or will be available to meet the needs of the proposed activity or use. This consideration should include the suitability of water supply and sanitary sewage facilities to accommodate the intended use.
The Zoning Board of Appeals and the Planning Board will require additional conditions and safeguards to the special use permit as may be necessary to assure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
§ 200-62 Special use permit application procedure.
Applications for a special use permit (either Type A or Type B permit) shall be submitted to the Zoning Enforcement Officer. Upon receipt of the application materials, the Zoning Enforcement Officer shall determine whether the special use permit application is complete or whether additional information is required from the applicant. Once the application for a special use permit has been approved as complete, the Zoning Enforcement Officer shall submit the applications, within five days to either the Zoning Board of Appeals or the Planning Board, whichever one is the appropriate board, as specified in § 200-11, Schedule of Use Regulations.[1] The Zoning Board of Appeals and Planning Board shall review and act on all special use permits in accordance with the procedures specified herein:
Application and fee. All applications for special use permits made to the Zoning Enforcement Officer shall be in writing, on forms and in accordance with the schedule prescribed by the Town. In order to be considered complete, the application shall include the following:
A preliminary plan which demonstrates the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage and the location and extent of existing development on adjacent parcels.
Preliminary building plans and elevation illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
Either a short or full environmental assessment form as required by SEQR, Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations.
Any other information deemed helpful or necessary by the Zoning Board of Appeals or Planning Board to explain the nature of the proposed use and its consistency with the standards established by this chapter for special permit uses.
Public notice and hearing. The Zoning Board of Appeals or Planning Board shall, within 62 calendar days of receipt of the complete application from the Zoning Enforcement Officer, conduct a public hearing on the special use permit application. The Zoning Board of Appeals or Planning Board shall provide a copy of the notice of said hearing to the applicant, and at which hearing the applicant shall appear in person or by agent. The Boards shall additionally provide notice as follows:
[Amended 4-22-1996 by L.L. No. 1-1996]
By publishing at least five calendar days prior to the date of the hearing a legal notice of the public hearing in the official newspaper of the Town.
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Planning Board or Zoning Board of Appeals shall also mail, by certified mail, return receipt requested, at least five calendar days prior to the public hearing to the municipal Clerk of such other municipality or municipalities, a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.
Notification by certified mail, return receipt requested, to all property owners within 200 feet of the property line of the applicant's property involved in the special use permit application. All costs incurred for publication and mailing of notices for the public hearing shall be paid by the applicant.
Consultant review. In its review, the Zoning Board of Appeals and the Planning Board may consult with the Town Zoning Enforcement Officer and/or Building Inspector, the Superintendent of Highways, the Conservation Advisory Council, other local and County officials and its designated private planning and engineering consultants (if any), in addition to representatives of state agencies.
Required referral. A full statement of any special use permit application that meets the referral requirements of Article X shall also be referred prior to the public hearing to the Dutchess County Department of Planning for its review.
Decisions. The SEQR process for each application must be completed prior to the Board's decision to grant or deny the application for a special use permit. Every decision of the Zoning Board of Appeals and Planning Board with respect to a special use permit application shall be made by resolution within 90 calendar days of receipt of the completed application to the Board or within 62 calendar days of the public hearing, whichever shall first occur, unless an extension of the time frame is mutually agreed to by the applicant and the Board. The resolution shall clearly state the decision, including findings, and any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within five calendar days thereof. Certified copies shall also be sent to the applicant and to the Town's Zoning Enforcement Officer and Building Inspector.
[Amended 4-22-1996 by L.L. No. 1-1996]
Reimbursable costs. Reimbursable costs incurred by the Zoning Board of Appeals and the Planning Board for private consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant. Such reimbursable costs shall be in addition to the required application fee. 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. In no event shall the Zoning Board of Appeals incur any expense for consultants without the expressed consent of the Town Board.
Integration of procedures. Whenever a particular application requires both the consideration of a special use permit and site plan review and approval by the Planning Board, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, special use permit review, as required by this section, with the site plan review and approval process described in Article X, as well as the applicable requirements of the State Environmental Quality Review Act.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
§ 200-63 Effect of special use permit approval.
In addition to compliance with all other applicable provisions of this chapter and all other local, County and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this section until such special use permit has received Zoning Board of Appeals or Planning Board approval and a copy of a resolution to that effect has been presented to the Zoning Enforcement Officer/Building Inspector.
No certificate of occupancy shall be issued for any structure or use of land covered by this section until the structure is completed or the land developed in strict accordance with the Zoning Board of Appeals or Planning Board resolution of special use permit approval and other applicable requirements of this chapter.
Any use for which a special use permit may be granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.
The Zoning Board of Appeals or the Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after completion of a public hearing and upon specific determination by the Zoning Board of Appeals or Planning Board that such conditions, as may have been prescribed in conjunction with the issuance of the original permit, have not been or are no longer being complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to consideration of the revocation of the special use permit.
§ 200-64 Expiration of special use permit.
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit and shall expire if the special use permit activity is not commenced and diligently pursued within six calendar months of the date of issuance of the special use permit. Upon prior written request to the Zoning Board of Appeals or Planning Board, the time period for initiation of the special permit use may be extended for a maximum period of six calendar months from its otherwise specified termination date. In the case where subsequent site plan review and approval or the issuance of a building permit is required, vesting of the special use permit may occur through submission of a complete application for either required site plan approval or the issuance of a building permit to carry out all work governed by the special use permit.
§ 200-65 Revocation of special use permit.
In all instances, including those cited above, a special use permit may be revoked by the Zoning Board of Appeals or the Planning Board, after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said special use permit. Whichever Board was given the original power to grant the special use permit is the Board that has the authority to revoke the permit, according to the conditions set forth in this chapter.