Milton City Zoning Code
ARTICLE VII
Special Permit Uses
§ 180-40 Approval by Planning Board.
All special permit uses cited in the District Schedule of Use Regulations, § 180-87 in Article IV of this chapter, shall be subject to review and approval by the Planning Board in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Planning Board, no building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer except upon authorization of and in full conformity with plans approved by the Planning Board.
§ 180-40.1 Effect of site plan approval.
Site plan approval by the Planning Board is a required step for all uses in the special permit processes in all districts and shall be carried out either prior to or in conjunction with the special permit procedures. The site plan approval process shall be a critical factor in determining the propriety of granting a special permit.
§ 180-41 General considerations.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the specific conditions set forth in this section for certain uses, applicable supplementary regulations stated in Article VI of this chapter and the following general objectives for any use requiring authorization by the Planning Board:
A.
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 providing access shall be in harmony with the orderly development of the district.
B.
The propriety of sidewalks as an integral component of the transportation infrastructure in the Town Center shall be considered, as should bike or multipurpose trails in all districts.
C.
The location, nature and height of the buildings, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings nor impair the value thereof.
D.
All proposed traffic accessways shall be adequate but not excessive in number, be adequate in width, grade, alignment and visibility, be sufficiently separated from street intersections and places of public assembly and meet similar safety considerations.
E.
Adequate provision for safe and accessible parking and loading spaces shall be provided.
F.
All off-street parking and all service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall, to the extent practicable, include the preservation of existing trees to the maximum extent possible.
G.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.
H.
Plans for public address systems and lighting for outdoor facilities shall be submitted to and approved by the Planning Board.
I.
The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall 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 shall not adversely affect the general welfare of the inhabitants of the Town of Milton.
J.
In the Town Center (TC) District, the Planning Board shall refer to the Town Center Guidelines.[1]
[1]
Editor's Note: The guidelines are included at the end of this chapter.
K.
The use of best management practices shall be followed to insure the protection of streams, steep slopes, wetlands, floodplains and other natural features.
§ 180-42 Specific standards for certain uses.
In addition to the general standards stated above and the site plan review considerations stated in § 180-53 of this chapter, the following specific standards shall be complied with for the particular special permit uses cited below:
A.
Camp.
(1)
The minimum lot area shall be 15 acres.
(2)
Such cabins or cottages shall be designed for one family only, with not more than two such dwelling units permitted per gross acre, i.e., a maximum gross density of two dwelling units per acre.
(3)
The net density shall not exceed four such dwelling units per acre.
(4)
All such dwelling units shall be serviced by a community water system and common sewage disposal system satisfactory to the New York State Departments of Health and Environmental Conservation.
(5)
No building or recreational facility associated with such development shall be located nearer than 100 feet to any lot line and shall be effectively screened from adjacent properties.
(6)
Open space areas shall be set aside and maintained for recreational facilities such as swimming pools, court games or other active or passive recreational activities for patron use.
B.
Cellular and satellite antennas, provided that the proposed use meets the criteria specified in § 180-39.1.
C.
Cemetery.
(1)
No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plats of less than six feet in height may be located as close as 25 feet to any residential lot line.
(2)
Include a survey and proposed deed of the cemetery or burial ground within or abutting parcel providing a metes and bounds description to the cemetery or burial ground and an access easement from a public street.
(3)
An enclosure along the boundaries of the cemetery or burial grounds, defining the boundaries, built of materials which may be reasonably be expected to survive 75 years.
(4)
All burials are undertaken in strict accordance with applicable regulations of the New York State Departments of State, Health and Environmental Conservation.
D.
Commercial radio and television.
E.
Commercial kennels.
(1)
Buildings or structures, including fenced runs and similar outdoor areas, shall be located not less than 100 feet from any lot line nor within 300 feet of the nearest neighboring residential structure and/or solid fencing.
(2)
The facility shall be screened from neighboring properties and public rights-of-way by natural vegetation.
F.
Dwelling, accessory: nonresidential. A single accessory dwelling: nonresidential meeting the following standards shall be considered to be part of a principal use other-than-residential building and covered by the District Schedule of Use Regulations (§ 180-87) and District Schedule of Area and Bulk Regulations (§ 180-86) for other-than-residential principal use buildings or structures.
(1)
The explicit written approval of the Zoning Enforcement Officer or Code Enforcement Official shall be obtained for the design, location, access and other safety-related elements of one such dwelling unit per building in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code.
(2)
No such dwelling unit shall be permitted over filling stations, stores retailing flammable or fume-producing goods, or any other establishment which the Zoning Enforcement Officer or Code Enforcement Official determines to pose a greater than average built-in risk.
(3)
The habitable floor area of such dwelling unit shall be at least 500 square feet. The dwelling unit shall not be located on the first floor of the building, and the dwelling unit shall contain all services for safe and convenient habitation.
(4)
Approval has been granted by the New York State Departments of Health and Environmental Conservation or the Town of Milton, as applicable, for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of the additional unit where conversion is proposed.
(5)
The dwelling unit shall have a separate access to the outside of the building which must be distinct from the access to uses on the first floor.
(6)
Each dwelling unit shall have two designated off-street parking spaces meeting the standards of this chapter and conveniently located for access to the dwelling unit.
G.
Dwelling, accessory: residential.
(1)
The conversion of any existing residence or construction of a new residence to accommodate an accessory dwelling unit as defined herein and in § 180-5 is limited to one accessory unit per principal dwelling.
(2)
Each principal residence and accessory unit is, at the time of building a new building or conversion of an existing dwelling, on a single lot with lot area and lot width and setbacks of no less than the minimum specified in District Schedule of Area and Bulk Regulations (§ 180-86) for a one-family dwelling. Accessory apartments not meeting these requirements shall be considered to be separate dwelling units and shall meet the use, area and bulk requirements of the zoning district where located.
(3)
Both units are self-contained, with separate cooking, sleeping and sanitary facilities for use by the occupant(s).
(4)
The total floor area of the accessory apartment shall be a maximum of 800 square feet.
(5)
The accessory apartment shall be occupied by a family member and shall not be rented, either at the time of construction or any future time.
(6)
The creation of the accessory apartment shall not alter the single-family character of the property. The following standards shall be met in creating the unit:
(a)
The accessory apartment shall not be clearly identifiable from the exterior as a result of the design of the structure.
(b)
The accessory apartment, if on the ground floor, shall have an exterior exit located on either the side or the rear of the house.
(c)
The accessory apartment shall be accessible, by interior means, from the remaining portion of the single-family residence.
(d)
The utilities (electric service, gas service, etc.) for the accessory apartment shall be combined with the existing utilities. Separate utilities shall not be allowed.
(e)
The accessory apartment shall bear the same street address as the principal residence.
(8)
Parking in the R1, R2 and MU District as required for an accessory unit/principal residence is a minimum of two spaces per dwelling unit on site and is designed and located to be convenient without encroaching on any yard/setback area.
(9)
Approval has been granted by the New York State Department of Health and Environmental Conservation or the Town of Milton, as applicable, for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the existing on-site water supply or sewage disposal facilities are sufficient to accommodate the additional demands of the additional unit where conversion is proposed.
H.
Dwelling, two-family.
(1)
The conversion of any existing residence or construction of a new residence to accommodate two dwelling units as defined herein and in § 180-5 is limited to two dwellings per principal structure.
(2)
A two-family dwelling may have two dwellings next to each other with a firewall between (duplex) or have the dwelling units on two separate floors with necessary fire protection between floors.
(3)
Each two-family residence structure is, at the time of building a new building or converting an existing dwelling, on a single lot with lot area and lot width and setbacks of no less than the minimum specified in District Schedule of Area and Bulk Regulations, § 180-86 for each dwelling.
(4)
Both units are self-contained, with separate cooking, sleeping and sanitary facilities and separate utilities for use by the occupant(s).
(5)
Parking in the R1, R2 and MU District as required for an accessory unit/principal residence is a minimum of two spaces per dwelling unit on site and is designed and located to be convenient without encroaching on any yard/setback area.
(6)
Approval has been granted by the New York State Departments of Health and Environmental Conservation or the Town of Milton, as applicable, for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the existing on-site water supply and sewage disposal facilities are sufficient to accommodate the additional demands of both dwelling units.
I.
Gasoline or service station.
(1)
No such establishment shall be located within 200 feet of any school, church, public library, theater, hospital, park, playground or other public gathering place designed for occupation by more than 50 people.
(2)
No such establishment shall be located within 200 feet of any state-designated wetlands, or within 500 feet of the Stream Corridor Overlay District or any public water supply.
(3)
The area of use by motor vehicles, including display and storage, except access drives thereto, as well as any structures, shall not encroach on any required yard area.
(4)
No fuel pump shall be located within 25 feet of any lot line or within the required side or front yard, whichever shall be more restrictive. The station layout shall eliminate the necessity of any vehicle backing into a public right-of-way.
(5)
Each station shall be limited to two curb cuts with each having an unrestricted width of not less than 18 feet nor more than 30 feet and be located no closer than 15 feet to any side lot line.
(6)
Gasoline or flammable oils in bulk shall be stored in accordance with New York State Department of Environmental Conservation regulations and may not be closer than 25 feet to any lot or street line.
(7)
All major repair work and storage of materials, supplies and parts shall be located within a structure completely enclosed on all sides, but not to be construed as meaning that the doors on any repair shop must be kept closed at all times.
(8)
Suitable year-round buffering and landscaping shall be provided in all rear and side yards.
(9)
Those establishments which sell gasoline in combination with a convenience store shall:
(a)
Ensure that adequate parking is available on site for customers making purchases at the store but not buying gasoline. This parking area shall be located in such a manner that it does not interfere with the safe entry and exit of vehicles purchasing gasoline.
(b)
Provide an enclosed trash dumpster or disposal of stock packings removed by store employees and trash receptacles for customer use on the premises.
(c)
Maintain no outdoor displays of merchandise which interfere with the safe flow of traffic and pedestrians.
(d)
Locate all vending machines on the side of the building.
(e)
Direct all rooftop heating/ventilation/air-conditioning or refrigeration units away from adjacent residential properties.
K.
Hotel.
(1)
The minimum lot area shown on the District Schedule of Area and Bulk Regulations (§ 180-86) for the zoning district in which the hotel or motel is located shall be increased by 100% for each eight guest rooms or part thereof provided.
(2)
The minimum side and rear yard setback requirements shown on the District Schedule of Area and Bulk Regulations (§ 180-86) for the zoning district in which the hotel is located shall be doubled if such yard abuts property in a residential district.
(3)
The minimum front, side and rear yard setback requirements for off-street parking areas shall be similarly doubled if such yard abuts property in a residential district.
(4)
All uses integral to the hotel shall either be clearly accessory to the hotel or shall be permitted uses or special permit uses within the zoning district in which the hotel is proposed. Integral accessory uses shall generally be limited to the following: meeting rooms, restaurant and dining facilities, recreational facilities, such as swimming pools and tennis courts, and small personal service/retail shops fully within the hotel selling newspapers, magazines, tobacco, small gifts and similar items.
L.
Mining.
(1)
The mining of less than 750 cubic yards of minerals within 12 successive calendar months, does not require a permit. Applications for permits may be submitted for annual terms running from one to five years but not to exceed five years. Mining permits shall expire at the end of their terms in accordance with their issue and expiration dates and may be renewed upon application to the Planning Board at least 30 days prior to the expiration date of the permit. A renewal application shall be submitted on forms provided by the Planning and Building Department. A permit application for mining shall be as part of the special permit process and shall be submitted to the Planning Board on forms provided by the Building Department.
(2)
Permits for mining subject to state jurisdiction. A permit applicant for mining subject to state jurisdiction shall submit copies of all applications and other materials required by the New York State Department of Environmental Conservation (DEC) in connection with its application for a Mined Land Reclamation Law[1] permit. In determining whether to grant or deny a permit application, the Planning Board shall consider all of the following conditions as well as the applicable special permit criteria set forth in Article VII herein:
(a)
Ingress and egress to public thoroughfares shall be controlled by the Town.
(b)
Routing of mineral transport vehicles on roads shall be controlled by the Town.
(c)
Requirements and conditions as specified in the permit issued by DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control and hours of operation.
[1]
Editor's Note: See Environmental Conservation Law § 23-2701 et seq.
(3)
Permits for mining not subject to state jurisdiction. In determining whether to grant or deny a permit application, the Planning Board shall consider all of the following conditions as well as the applicable special permit criteria:
(a)
The mining operation and operations accessory thereto may not be detrimental to the appropriate and orderly development of any district in which it is situated or impair the value thereof.
(b)
The proposed operation shall not contribute to soil erosion by water and/or wind, nor shall it adversely affect soil fertility, drainage, and lateral support of abutting land or other properties. Noise, smoke, dust, odor and other potential hazards shall be controlled.
(c)
All mining operations and operations accessory thereto shall be made only in accordance with approved plans. These plans shall show the location of the site and its relation to neighboring properties and roads within 500 feet of the site, area to be excavated, existing slopes, proposed slopes after excavation, proposed level of any impounded water, plans for erosion control and location of access drives to the site.
(d)
No excavation above or below grade shall be closer than 300 feet to any street line or other property line. No excavation shall be closer than 500 feet to the boundary line of a zoning district within which excavation is not permitted.
(e)
The final slope of any excavated material shall not exceed the normal limiting angle of repose of such material except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support.
(f)
Fences, barricades or landscaped berms shall be erected to protect pedestrians and vehicles. All open pits shall be enclosed by fencing until they are refilled. The uphill side of side hill excavations shall be permanently fenced.
(g)
Storage piles of materials, including waste materials, shall not be located closer to property lines than is permitted for excavation. After completion of excavation operations, waste materials shall be used in filling all open pits. Piles of excess waste materials shall be leveled.
(h)
No excavation operations shall take place between the hours of 7:00 p.m. and 7:00 a.m.
(i)
The processing of such resource shall be limited to the washing, separating or grading of the excavated mineral.
(j)
A reclamation plan, which describes the operations to be performed by the permit applicant to reclaim the land to be mined over the life of the mine. The reclamation plan shall include maps, plans, the schedule for reclamation, written material and other documents as required by the Planning Board. Prior to submitting the reclamation plan, the applicant shall submit the plan for a review by the local office of the Natural Resource Conservation Service for their report which shall be submitted with the plan. Where topsoil is removed, sufficient arable soil shall be set aside and shall be respread after the operation with a layer of earth two feet deep or the original thickness, whichever is less, and capable of supporting vegetation. Fill shall be of a suitable material approved by the Planning Board.
(k)
A performance bond shall be posted with the Town Board in an amount and form to be determined by the Board, insuring conformance to approved plans and all applicable regulations, including, but not limited to, reclamation costs. The Town Board shall set a reasonable time limit for such bond, not to exceed five years, except in the case of continuing excavation operations where a bond must be renewed or extended with the permit renewal or in the case of ceased operations where a bond must be renewed or extended to cover the life of the implementation of the reclamation plan.
M.
Mobile home park expansion, provided that the proposed use meets the criteria specified in § 180-39.
N.
Public utility use.
(1)
The proposed location is necessary for public convenience and service which could not be equally provided if the station or structure were located in a district where it would be a permitted use under this chapter.
(2)
The station or structure shall, whenever situated within a residential district, have the exterior appearance of a residential building.
(3)
Suitable landscaping, including screening from public roadways and neighboring residential properties, is provided.
O.
Roadside stand.
(1)
Such stands are located not less than 20 feet from any street line.
(2)
Such stands are solely used for display and sale of agricultural products grown or produced exclusively on the premises by the operator of the roadside stand.
(3)
A single sign is limited to eight square feet and is located not less than five feet from any street line.
P.
Sexually oriented businesses, provided that the proposed use meets the criteria specified in § 180-39.2.
Q.
Farm animals on nonfarm operations less than two acres in the R2 Zoning District.
[Added 12-28-2022 by L.L. No. 4-2022]
(1)
Buildings or structures for permitted fowl or livestock shall not be larger than 750 square feet nor located not less that 10 feet from any side or rear lot line, not extend closer to the fronting street that the principal building on the lot or a distance of 60 feet, whichever shall be less, and no building or fenced barnyard for such fowl or livestock shall be closer than 100 feet to any neighboring residential structure.
(2)
The storage of manure or other dust or odor-producing substances shall be located in the rear potion of the lot, adequately screened from the view of adjacent properties and located not less than 50 feet from any lot line and 200 feet from any neighboring residential structure or any stream, wetland or other water body or well providing a source of potable water.
R.
Cannabis or marijuana dispensary.
[Added 11-15-2023 by L.L. No. 3-2023]
(1)
The licensee shall present all licenses or permits issued by New York State or federal agencies.
(2)
A cannabis or medical marijuana dispensary must be located in a permanent building and may not be located in a trailer, tent, cargo container, or motor vehicle.
(3)
Shall only operate between the hours of 8:00 a.m. and 8:00 p.m. any day of the week provided, however, that the licensee has the discretion to operate less hours or days of operation.
(4)
There shall be no consumption of cannabis or marijuana products on premises, and there shall be no outdoor seating.
(5)
A drive-through facility may be permitted.
(6)
Shall be setback a minimum as measured from the nearest property line from the following:
(a)
One thousand feet from a school, childcare center, or church or religious building.
(b)
One thousand feet from a residential substance abuse diagnostic or treatment facility or other drug or alcohol rehabilitation facility.
(c)
One thousand feet of another dispensary.
(d)
One thousand from a library or public park.
(7)
Shall be subject to a special use permit renewal every five years.
§ 180-44 Special permit application procedure.
The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:
A.
Application and fee. All applications must be by the property owner or their agent and made to the Planning Board, shall be in writing on forms and in accordance with the schedule prescribed by the Board and shall be accompanied by five print and one digital (pdf) copy the following:
[Amended 2-18-2024 by L.L. No. 2-2024]
(3)
Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.
(4)
Either a short or full environmental assessment form, or an environmental impact statement, as required by the Environmental Conservation Law.
(5)
In the case where the applicant is not the property owner, permission of property owner in written form.
B.
Public notice and hearing.
(1)
The Planning Board shall fix a reasonable time and place for a public hearing on any such special permit application, of which hearing date the applicant shall be given notice and at which hearing he shall appear in person or by agent. The Board shall additionally provide notice as follows:
(a)
By publishing at least five business days prior to the date thereof a legal notice in the official newspaper of the Town.
(b)
By requiring the Clerk of the Planning Board to provide notice of the public hearing and data regarding the substance of the application to the owners of all property abutting that property held by the applicant and all other owners within 300 feet of the land involved in such application. Notice shall be provided by first-class mail at least five business days prior to the hearing, with compliance with the notification procedure certified to by the Clerk.
[Amended 2-18-2024 by L.L. No. 2-2024]
(2)
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Town.
(3)
Provided that there has been substantial compliance with these provisions, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in connection with granting or denying a special permit application.
(4)
If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Clerk of the Planning Board shall also submit at least five business 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.
[Amended 2-18-2024 by L.L. No. 2-2024]
C.
Required referral. A full statement of any special use permit application that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law shall also be referred prior to the public hearing to the Saratoga County Planning Board for its review. No action shall be taken by the Planning Board on such application until an advisory recommendation has been received from said County Planning Board or 30 days have elapsed since the Town Planning Board received such full statement.
D.
Decisions. Every decision of the Town Planning Board with respect to a special use permit application shall be made by resolution within 90 days of the completed application to the Planning Board or within 62 days of the public hearing, whichever shall first occur, which resolution shall clearly state the decision and any conditions attached thereto. The Planning Board resolution shall be accompanied by written findings documenting a reasoned elaboration of the provisions of this chapter and the Town Comprehensive Plan. Each such decision shall be filed in the office of the Town Clerk within 10 business days thereof.
§ 180-45 Reimbursable costs.
Reimbursable costs incurred by the Town Planning Board for private consultation fees or other extraordinary expense in connection with the review of special use permit applications shall be charged to the applicant. Such reimbursable costs shall be in addition to the fee required in § 180-44 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.
§ 180-46 Effect of special use permit approval.
A.
No building permit shall be issued for any structure regulated by this section until such special use permit has received Town Planning Board approval and a copy of a resolution to that effect has been presented to the Zoning Enforcement Officer.
B.
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 Town Planning Board resolution of special permit approval and applicable requirements of this chapter.
C.
Any use for which a special permit may be granted shall be deemed 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 Town Planning Board 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 specific determination by the Town 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 days shall be granted for full compliance by the applicant prior to revocation of the special use permit.
E.
The granting of a special use permit shall not be held to constitute a representation, guaranty or warranty of any kind by the Town of Milton or by any official or employee thereof regarding the practicability or safety of any structure or use or the proper functioning of the proposed facilities and plans and shall not be held to create a liability upon or cause of action against such public body, official or employee for any damage that may result pursuant to such development or use.
§ 180-47 Expiration.
A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use permit activity is not commenced and diligently pursued within six months of the date of issuance of the special use permit or if the special use ceases for more than one year for any reason.
§ 180-48 Revocation.
In all instances, including those cited in § 180-46D above, a special use permit may be revoked by the Town 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 permit.
§ 180-49 Appeals.
Any person or persons jointly or severally aggrieved by any decision of the Town Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the actions must be initiated as therein provided within 30 days after the filing of the Board's decision in the office of the Town Clerk.