Minoa City Zoning Code
ARTICLE XIV
Special Permits
§ 160-46 Purpose.
The special permit approval process seeks to ensure that certain uses are established in a manner that is appropriate and compatible to (a) site, neighborhood and zone (zoning) district. A special permit is required for those uses or structures so designated as requiring one within a zone district or other sections of this code. These uses or structures are hereby declared to possess characteristics of such unique and/or special form that each shall be considered as an individual case. Except as relates to special permits for signage, which are subject to the provisions of § 160-17.3, certain uses or structures, specified in the standards of approval hereunder for uses and structures, shall be subject to the satisfaction of additional requirements and standards set forth in this section and to any other applicable requirements of this chapter, including specifically any other terms and conditions set forth as specific to a permitted or special permit use.
§ 160-47 Authority.
Individual special permits are assigned by this code to, respectively, the review and approval authority of the Village Board and recommendation authority of the Planning Board. Refer to each zone district or the supplemental regulations to determine the exact procedure for a specific land use activity or structure. The Planning Board shall apply the provisions of this section to its respective recommendations on special permit proposals. As provided for under applicable provisions of the New York State statutory and case law, the Village Board may also consider any other factors or concerns as it deems relevant to its review of a special permit proposal, and any such factors or concerns, any decisions based thereon, are determined to be within the standards to be considered and the authority of the Village Board in relation to the grant of special permits, as if set out in detail in § 160-48. Village Board review and approval of a special permit, following recommendation of the Planning Board, shall be in lieu of a site plan review and approval of the Planning Board. As such, the special permit review and approval shall include consideration or waiver, where appropriate, of those elements required for site plan review and approval under the (NYS) Village Law and the Village Code and in such capacity the Village Board shall have the same waiver authority as the Planning Board relative to site plan and subdivision approvals.
§ 160-48 Application.
An application for a special permit pursuant to this Chapter 160 shall be submitted to the Village Board of Trustees. Any reference to the approval of the Village Board of Appeals with respect to the issuance of special permits in this Chapter 160 shall mean the Village Board of Trustees. The following information is required to accompany the application:
A.
Land: a description of the land to which the proposed special permit will relate.
B.
Use; occupancy: a statement of the existing and proposed use of all parts of the land and the location, character and existing and proposed use of any existing or proposed buildings or structures, including the number of floors, entrances, rooms, type of construction.
C.
Identity of owner and applicant: the full name and address of the owner(s) and of the applicant(s), and the names and addresses of their responsible officers if any of them are corporations.
D.
Additional information: such other information as may reasonably be required by the Village Board of Trustees to establish compliance of the proposed sign in use with the requirements of this chapter.
§ 160-49 Procedure.
A.
Referral of Application to Planning Board. Upon receipt of an application for a special permit under this Chapter 160, the Village Board of Trustees shall immediately refer such application, together with one copy of the information accompanying such application, to the Planning Board for its recommendations. The Village Board of Trustees shall not take final action upon the application for a special permit until receiving the report and recommendations of the Planning Board; except that if the Planning Board fails to report to the Village Board of Trustees within 30 days of such referral, the Village Board of Trustees may take final action without such report.
B.
Public hearing and decision as to special permit. The Village Board of Trustees shall conduct a hearing within 62 days from the day the completed application is received on any matter referred to it under § 160-17.3A. Public notice of such hearing shall be published in the official newspaper at least five days prior the date thereof. The Board shall decide the application within 62 days after the hearing. The time within which the Board must hold a public hearing and/or render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board on the application after holding the public hearing shall be filed in the office of the Village Clerk/Treasurer within five business days after the day such decision is rendered and a copy thereof mailed to the applicant.
C.
Notice to applicant and County Planning Agency. At least 10 days before such hearing, the Village Board of Trustees shall mail notices thereof to the applicant and to the County Planning Agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration.
D.
Compliance with State Environmental Quality Review Act. The Village Board of Trustees shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.
§ 160-50 Special permit standards and criteria.
A.
Appropriateness of special permit proposal. No special permit shall be granted by the Village Board unless it finds that the use or structure for which the special permit is sought will not, under conditions that the reviewing board considers to be necessary or desirable, be injurious to the neighborhood or otherwise detrimental to the public welfare. The reviewing boards shall consider the foregoing and those limitations and standards described at § 160-50C and D hereof.
B.
Imposition of conditions. The Village Board may impose conditions when approving a special permit, which conditions shall be documented as required by the Village Board and appropriately filed in Village offices.
C.
Limits on special permit approval.
(1)
A special permit shall be deemed to authorize only one use or structure, unless specifically otherwise authorized by the Village Board.
(2)
Special permit authorization shall expire or be voided if the proposal fails to be initiated by issuance of a building permit within 12 months of approval, subject to (up to) two additional twelve-month extension periods as granted by the Village Board.
D.
Standards of approval. All applications for a special permit shall meet the following minimum standards of performance:
(1)
General Zoning Code compliance. Except as may be varied or waived, as permitted under any applicable provisions of Chapter 160, including, without limitation, § 160-50E hereof, the proposed use or structure shall comply with the applicable intent and regulations of the Village Zoning Code, including the specific zone (zoning) district in which it is located, and to any other applicable Village, county, state or federal regulations.
(2)
Conformance to Village planning.
(a)
The proposed use or structure shall be so located and designed that it is compatible in size and character to existing patterns of development and land uses and/or is consistent with the long-term development objectives for the affected portions of the Village.
(b)
The proposed use or structure shall be appropriately located with respect to the existing pattern of streets and other facilities, including but not limited to: water, sanitary lines and drainage systems; and will not adversely affect the functioning of these facilities nor impede any planned improvements.
(3)
Scale of development. The scale and design of the proposed use or structure shall be physically and visually compatible with the conditions of the site and surrounding properties and will be developed in a manner that ensures the provision of necessary public facilities, improvements and landscaping.
(4)
Vehicular and pedestrian circulation and parking. There shall be safe and efficient vehicular and pedestrian movement within the site to neighboring properties and in relationship to any streets serving the site. Parking, including for tenants, guests, customers, clients and other guests and invitees shall be adequate relative to the type of use, and nearby public, private on- and off-street facilities.
(5)
Public safety, services and utilities. The proposed use or structure shall be served with adequate water supply, wastewater disposal and drainage facilities in compliance with applicable local, state or federal requirements and shall include satisfactory provision for solid waste disposal, fire, police and emergency service protection, utilities and other services necessary to support the proposed use or structure.
(6)
Environmental resources. The proposed use or structure shall be located, designed and operated in a manner that avoids or minimizes disturbance of significant natural or cultural resources; is consistent with the site's soil capabilities to accommodate the use or structure; provides overland drainage systems and controls stormwater runoff in a manner conforming to area-wide drainage plans and Village planning objectives; and complies with applicable county, state or federal regulations for significant environmental resources.
(7)
Aesthetics.
(a)
The site shall be designed to include building materials, screening, landscaping treatments of structures, parking, drainage and storage areas that are consistent with existing development and any other standards or guidelines promulgated by the Village, and/or which minimize adverse visual effects on surrounding properties or public rights-of-way.
(b)
Lighting and signage shall be appropriate in size, color and placement for the site and the character of the surrounding area and shall have no adverse impact on surrounding properties.
(8)
Emissions. The detection of any noise, smoke, heat or odor shall be within limits established by this code or other applicable laws or regulations. Such emissions shall be minimized and directed away from surrounding properties. Mechanical devices or attachments associated with these emissions are to be installed and maintained in accordance with applicable health and safety codes and adequately screened from view.
(9)
Neighborhood character. Consideration shall be given to the proposed use, or continuation thereof (if a nonconforming use) and the effect of same on the character of the neighborhood including with respect to noise, number of occupants, tenants and the like, intensity and frequency of activities, compatibility with nearby properties and uses, effect(s) on condition and appearance of such properties and the likely effect(s) on nearby properties and their respective values.
(10)
Any other factors or criteria the Village Board may determine relevant in relation to a particular use, such uses generally, or to all uses subject to its special permit authority.
E.
Waiver authority/variance authority. The Village Board of Trustees shall have the authority to waive the strict application of any area, dimensional, setback or other cosmetic or aesthetic requirement, if it determines, in its sole discretion, that the standards/criteria (otherwise applicable to special permits), or such of them as are relevant to the particular proposed use or structure, are met (or not violated) by the proposed use or structure. Nothing in this chapter shall be deemed to limit, restrict or deny an applicant's right to apply to the Village Board of Zoning Appeals for the appropriate variance to permit a structure, location or use otherwise prohibited or restricted pursuant to this chapter.