Newburgh City Zoning Code
ARTICLE XII
Special Use Permits
§ 300-101 Purpose.
A.
The City of Newburgh land use regulations are designed to allow a variety of uses of land, provided that those uses do not adversely affect neighboring properties, the natural environment, or the character of the City. Therefore, to ensure that these uses are appropriate to their surroundings and consistent with the purposes of this chapter, some uses are permitted only upon issuance of a special use permit by the City Planning Board.
B.
Accessory uses or structures used in connection with a special use permit shall be subject to the same approval requirement as the principal structure or use.
C.
Considerations. On application and after public hearing, the City Planning Board may authorize, by resolution, the issuance of a special use permit only for those uses in a district where this chapter requires such a permit. In making its determination, the City Planning Board shall give consideration to any or all of the following as they may be appropriate:
(1)
The special use requested is listed among the special uses in the zone for which the application is made.
(3)
The special use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(4)
The special use will not impair the integrity or character of the zone or adjoining zones nor be detrimental to the public health, morals or welfare.
(5)
The special use will not impair the nature and condition of all adjacent structures and uses.
§ 300-102 Application and procedures.
A.
Preapplication meeting. Before filing an application, a preliminary conference with the Building Inspector is required to discuss the nature of the proposed use and to determine the information that will need to be submitted in the site plan required to be submitted with the special use permit application.
B.
An application for a special use permit shall be submitted to the Building Inspector in accordance with the application submission deadlines as prescribed by the Building Inspector.
C.
Each application shall fully set forth the circumstances of the case. Every application shall refer to the specific provision of the chapter involved.
D.
Fee. All applications for special use permits made to the City Planning Board shall be accompanied by the fee as provided for in Chapter 163 of the Code of Ordinances of the City of Newburgh.
E.
Application for a special use permit shall require site plan approval in accordance with the site plan regulations contained in this chapter. The City Planning Board may waive site plan approval for a special use permit application that will involve no physical alteration or disturbance to a site. At a minimum, the application for a special use permit shall be accompanied by a plan showing the size and location of the lot, and the location of all buildings and proposed facilities, including access drives, parking areas, and all streets within 200 feet of the lot lines.
F.
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 City Planning Board may grant the application with respect to some proposed uses and not others. For purposes of determining SEQRA compliance, all proposed uses on a single parcel or on contiguous or related parcels under single or related ownership shall be considered together.
G.
Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the dimensional requirements of this chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 300-115 without a decision or determination by the Building Inspector.
H.
State Environmental Quality Review Act (SEQRA) compliance. Upon receipt of application materials it deems complete, the City 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 the later of 20 calendar days, or the receipt of any additional information reasonably necessary to make the determination. Where the proposed action may have a significant effect on the environment, the City Planning Board shall issue a positive declaration and require the submission of a draft environmental impact statement (DEIS). No time periods for decisionmaking 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.
I.
Referrals.
(1)
Orange County Department of Planning. Upon receipt of application materials it deems to be complete, the City Planning Board shall refer to the Orange County Department of Planning, in accordance of § 239-m of the General Municipal Law, any application for a special use permit affecting real property, which shall be accompanied by a full statement of the matter under consideration, as defined herein, within 500 feet of the boundary of:
(a)
The City of Newburgh.
(b)
Any existing county or state park or other recreational area.
(c)
Any existing or proposed county or state roadway.
(d)
Any existing or proposed right-of-way for a stream or drainage channel owned by the County for which the County has established channel lines.
(e)
Any existing or proposed county- or state-owned land on which a public building or institution is situated.
(2)
Conservation Advisory Council. The City Planning Board shall refer any special use permit application to the CAC within 10 days of receipt for review and recommendations. Such referral shall be done so as to allow the CAC at least 30 days to review and return comments, unless extended by mutual agreement between the advisory agency and applicant or acting agency in the case of direct action.
J.
Notice and hearing.
(1)
The City Planning Board shall hold a public hearing on a complete special use permit application within 62 days of its submission.
(2)
At least 10 days prior to such hearing the Secretary of the City Planning Board shall:
(a)
Mail, by regular mail, at the applicant's expense, a notice in English and Spanish announcing the meeting to all property owners within 300 feet of the exterior boundaries of the property affected by the application.
(b)
The Secretary of the Planning Board arranges for the applicant to obtain the appropriate list from the Assessor's Office, prepares one copy in English and Spanish of the announcement of the meeting and a brief description of the application.
(c)
The applicant prepares the envelopes, stamps them and returns the prepared mailing to the Secretary of the Board with a copy of the list of those to receive the mailing.
(3)
Cause to be published in the official newspaper of the City, a notice (in English and Spanish) of such hearing and of the substance of the application, at the applicant's expense, to be paid in advance.
(4)
Prior to said hearing, the Secretary of the Board shall prepare an affidavit of mailing, swearing that the required mailings and publication have been performed, which documents shall become part of the application. The affidavit of mailing will be made available to the applicant to present to the City Planning Board for the record of proceedings.
(5)
For the purpose of the mailings required by this section, the term "owner" shall be construed to mean the owner as indicated on the assessment roll of the City of Newburgh.
(6)
The applicant shall also be required to post a notice on a sign purchased from the City Clerk stating that there is a pending application on the property, and providing the date, time, and place of the hearing, the place and times the application may be reviewed by the public, and a telephone number to call for further information. This sign shall be posted in public view in a conspicuous location within three days after the City Planning Board establishes a public hearing date, shall be updated if more hearing dates are scheduled, and shall remain in place until the day after the hearing is closed.
K.
Action.
(1)
The City Planning Board shall approve, approve with modifications and/or conditions, or deny any application for a special use permit within 62 days after the public hearing. The time within which the City Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. Any decision shall contain written findings explaining the rationale for the decision in light of the standards contained in §§ 300-103 and 300-104.
(3)
Conditions. The City Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit and may be necessary, in the Board's opinion, to meet the objectives herein set forth. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by applicable enforcement agents or officers of the City. These conditions may include:
(a)
A time limitation on the term of the special use permit.
(b)
Imposing operating conditions, including, for example, hours of operation.
(c)
Increasing dimensional or area requirements.
(e)
Specifying location, character and number of vehicle access points.
(f)
Requiring landscaping, planting and screening.
(g)
Requiring clustering of structures and uses in order to preserve environmental resources and minimize the burden on public services and facilities.
(h)
Requiring action by the applicant, including the posting of performance bonds and furnishing of guaranties to ensure the completion of the project in accordance with the conditions imposed.
(i)
Requiring the recording of an easement.
(j)
The installation of stormwater management controls.
(k)
Referrals.
[1]
Orange County Department of Planning.
[a]
No action shall be taken on applications referred to the Orange County Department of Planning until either the Orange County Department of Planning has issued its recommendation or a minimum of 30 days and a maximum of up to two days prior to a regularly scheduled meeting where a board will be taking action, have elapsed from the date of its receipt of the complete application, unless the County and City Planning Boards agree to an extension of the time period for review.
[b]
County disapproval. A majority-plus-one vote of the City Planning Board shall be required to grant any special use permit which receives a recommendation of disapproval from the Orange County Department of Planning. The City Planning Board shall by resolution set forth its reasons for such contrary action.
[2]
Conservation Advisory Council.
[a]
Where the City Planning Board has referred the application for a special use permit to the CAC for its advisory opinion, prior to making its determination, the City Planning Board shall consider the recommendation from the CAC with reference to the consistency of the proposed action. In the event that the CAC recommendation is not forthcoming with 30 days following referral of the Coastal Assessment Form (CAF), the City Planning Board shall make its determination without the benefit of the CAC recommendation.
[b]
If the City Planning Board receives comments/recommendation for the CAC and determines to proceed contrary to the recommendation(s) the City Planning Board shall include in its findings, the reasons set forth for such contrary action.
(l)
No special use permit shall be issued for property where the Building Inspector has found a violation of this chapter, and where such violation has not been corrected, unless the granting of such special use permit and site plan approval will result in a correction of said violation.
(m)
Filing. The decision of the City Planning Board shall be filed in the office of the City Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
L.
Expiration, enforcement, renewal and amendment, revocation.
(1)
Expiration. A special use permit shall expire if the special use permit use or uses cease for more than 24 consecutive months for any reason or if the applicant fails to obtain the necessary building permits or fails to comply with the conditions of the special use permit within 12 months of its issuance without renewal.
(2)
Enforcement.
(a)
The City Planning Board may establish a schedule of inspection to be conducted by the Building Inspector to determine continued compliance with this chapter and any conditions of the special use permit.
(b)
In any case where the conditions of a special use permit have not been or are not being complied with, the Building Inspector shall give the applicant notice of intention to revoke such permit at least 10 days prior to a City Planning Board review thereon. After conclusion of the review, the City Planning Board may authorize the Building Inspector to revoke such permit.
(c)
Granting of a special use permit does not exempt the applicant from complying with all of the requirements of building codes and other ordinances.
(3)
Renewal and amendment.
(a)
Renewal. Where a special use permit has been granted, but the applicant has failed to obtain the necessary building permits or fails to comply with the conditions of the special use permit within 12 months of its issuance, the City Planning Board may grant one six-month extension, provided that the applicant submits a written request to the City Planning Board detailing the circumstances that have prevented the applicant from pursuing a building permit or compliance with the conditions of the special use permit. This renewal application must be submitted to the City Planning Board no less than 60 days prior to the expiration of the special use permit. The applicant is responsible for tracking the dates. The applicant will not receive notification from the City Planning Board or City staff relative to renewal or expiration dates or required actions.
(b)
Amendment. The terms and conditions of any special use permit may be amended in the same manner as required for the issuance of a special use permit, following the criteria and procedures in this article. Any enlargement, alteration, or construction of accessory structures not previously approved shall require site plan review only, provided that the use does not change.
(4)
Revocation. 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 in Article XIV. A special use permit may be revoked by the City Planning Board 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.
§ 300-103 Standards for individual special uses.
In addition to the other criteria in this chapter, the following individual special uses shall meet the criteria below.
A.
Home occupation, professional home-based office, or live/work. Home occupations are deemed to be accessory uses and are permitted within a single-dwelling unit, or in a building or other structure accessory to a dwelling unit, and only by the person or persons maintaining their primary residence in said dwelling unit, subject to the requirements contained herein. For the purposes of this section, "primary residence" is defined as the location of an individual's residence for more than six months of the year. A home occupation shall not require full site development plan submission. However, an applicant shall be required to submit a lot survey indicating the location and size of the home or accessory building and the area of the home or accessory building to be used for purposes of the home occupation.
(1)
The minimum lot size shall be that specified for the zoning district.
(2)
Extent of use. Such occupation is carried on in an area not exceeding 33% of the gross floor area of the principal building.
(3)
At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise, or radiation or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.
(4)
Mechanical and electrical equipment. Mechanical or electrical equipment capable of producing noise, electrical or magnetic interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.
(5)
Outdoor storage. There shall be no outdoor storage of materials, supplies, or equipment associated with the home occupation.
(6)
Employees on site. No more than two paid or non-paid employees or assistants in addition to the home occupant may be engage on the premises of the home occupation at any given time.
(7)
Permitted uses. It shall include no more than one of the following uses, provided that such uses are clearly incidental and secondary to the use of the dwelling unit for residential purposes:
(a)
Custom dressmaking.
(b)
Art/music/dance instruction for not more than nine students simultaneously. Concerts or recitals are prohibited.
(c)
Professional office of engineer, architect, lawyer, insurance, real estate, accounting, or similar customary home office based professions.
(d)
Photography, using home-scale equipment.
(e)
Professional craft workers and artists and other uses consistent with the scope and intent of this section as determined and approved by the approving agency.
(8)
Materials delivery. The size, frequency, and duration of deliveries for the home occupation must be in keeping with the character of the zoning district and surrounding land uses.
(9)
The City Planning Board may approve the operation of a home occupation subject to any condition it deems necessary to ensure that the use does not diminish or impact the peace, security and the overall residential quality of the neighborhood. This includes the provision of necessary off-street parking, if required.
(10)
Evidence of use. The home occupation shall not display or create outside the building any evidence of the home occupation, except that one unanimated, nonilluminated flat wall or window sign, having an area of not more than six square feet, shall be permitted on each lot on which the building is situated, such sign to be in conformance with Chapter 250 of the Code of the City of Newburgh and/or Article XV, Form-Based Code for the district in which the home occupation may occur.
(11)
Commercial vehicle parking. Not more than one commercial vehicle shall be permitted in connection with any home occupation and shall be stored in an enclosed garage, or otherwise screened from the street.
(12)
Alterations. No alteration of the principal residential building shall be made which alters the residential character of the building.
B.
The standards for a child day-care center shall be as follows:
(1)
The special use permit application shall describe the anticipated occupancy of the facility by age group, i.e., infant, toddler, and school age, and the hours of operation of the facility, parking and circulation plan, New York State Department of Social Services application and license, and other information required to understand the operation.
(2)
A floor plan of the day-care center shall be submitted.
(3)
In addition to the parking space requirements contained in the use and bulk tables,[1] additional parking spaces shall be provided for dropoff and pickup of children at a rate of one parking space per 15 children. Said spaces shall be provided directly in front of the facility along an internal driveway or in an approved parking area. The most appropriate location for dropoff parking shall include a consideration of emergency access and shall be determined by the City Planning Board during site plan review. The dropoff location shall be clearly posted with appropriate signage or pavement markings. Fire lanes shall not be used for dropoff areas.
(4)
Outdoor play areas shall be located at a minimum distance of 25 feet from any lot line or from any parking area and 25 feet from any public right-of-way and be fenced in for safety. Outdoor play areas shall be directly accessible from the principal structure and shall not require crossing any street, driveway, or parking area for access. The City Planning Board may, as part of site plan review and in consultation with the prospective operator, modify the area requirement to apply only to the largest age group.
(5)
A six-foot-high solid fence or opaque fence combined with hedge or tree plantings shall be provided to screen the outdoor play area where it abuts a residential zoning district.
(6)
Said facility shall provide a minimum of two marked exits.
(7)
Day-care centers shall adhere to the requirements of the New York State Uniform Fire Prevention and Building Code and all other applicable state guidelines that govern said uses.
C.
The standards for drive-thru establishments and automobile washes shall be as follows:
(1)
A traffic queuing analysis must be submitted that demonstrates that there will be no queuing on public streets or rights-of-way and that all sidewalk areas will be kept clear of standing vehicles.
(2)
For automobile washes, a water management plan, including water recycling, shall be submitted and approved by the City Planning Board, which plan limits, to the extent practicable, the amount of potable water used at the facility and demonstrates that the facility will adequately capture all runoff from the facility on site.
D.
The standards for a shopping center shall be as follows:
(1)
The site shall be planned and developed subject to a coordinated plan.
(2)
The site and structures shall reflect the existing community character and incorporate existing building facades to the extent possible.
(3)
The shopping center shall encourage pedestrian usage, not require outside storage, and have no light spillage onto adjacent properties.
E.
The standards for a cottage industry/live-work shall be as follows:
(1)
Adequate landscaping and/or screening must be provided around any outdoor storage areas.
(2)
Delivery hours shall be regulated by the special use permit.
(3)
Any potentially unique adverse impacts of the use, owing to the nature of the use, must be described in the special use permit application and measures to mitigate such impacts must be provided.
F.
The standards for a dry cleaner/commercial laundry shall be as follows:
(1)
Applicants must provide copies of all applicable New York State and federal permits required for operation.
(2)
A chemical storage plan must be submitted detailing the nature, amount, and method for storing all liquid and solid chemicals on the premises. The plan must detail the features that guard against the possible release of chemicals into the air, sewer system, ground, or water.
G.
The standards for a cabaret shall be as follows:
(1)
A building safety and evacuation plan must be submitted to, and approved by, the City Planning Board and Building Inspector.
(2)
Adequate parking, either on- or off-street must be identified.
(3)
Noise attenuation must be provided when, in the opinion of the City Planning Board, based on the proximity of the cabaret use to residential uses or the nature of the planned cabaret use, such attenuation will be needed to provide for the safe enjoyment of nearby residential users or other property owners.
§ 300-104 Findings.
A.
In granting or denying special use permits, the City Planning Board shall take into consideration the scale of the proposed project, the possible impact of the proposed project on the adjacent properties and uses, and that such proposed special use permit use does not interfere with or diminish the value of adjoining property. The City Planning Board shall also take account of any conditions imposed that would mitigate potential adverse impacts and preserve or enhance the character of the City of Newburgh. No special use permit shall be granted for any property on which there exists a violation of this chapter, including a violation of any condition of a previous municipal approval, unless the City Planning Board finds that the applicant has no legal right or ability to remedy the violation or that the grant of a special use permit is necessary to remedy a condition that poses a risk to public health or safety.
B.
Criteria. Before granting or denying a special use permit, the City Planning Board shall make specific written findings establishing whether or not the proposed project:
(1)
Will comply with all land use district, overlay district, and other specific requirements of this chapter and other local laws and regulations and will be consistent with the purposes of this chapter and of the land use district in which it is located.
(3)
Will not result in excessive off-premises noise, dust, odors, solid waste, or glare or create any public or private nuisances.
(4)
Will not cause significant traffic congestion, impair pedestrian safety, or overload existing roads, considering their current width, surfacing, and condition, and any improvements proposed to be made to them by the applicant.
(5)
Will be accessible to fire, police, and other emergency vehicles.
(6)
Will not overload any public water, drainage, or sewer system, or any other municipal facility.
(7)
Will not materially degrade any watercourse or other natural resource or ecosystem or endanger the water quality of an aquifer.
(8)
Will be suitable for the property on which it is proposed, considering the property's size, location, topography, vegetation, soils, natural habitat, and hydrology, and, if appropriate, its ability to be buffered or screened from neighboring properties and public roads.
(9)
Will be subject to such conditions on operation, design and layout of structures, and provision of buffer areas as may be necessary to ensure compatibility with surrounding uses and to protect the natural, historic, and scenic resources of the City.
(10)
Will be consistent with the goal of buffering nonresidential uses that are incompatible with residential use.
(12)
If the property is in a residential district, will have no greater overall off-site impact than would full development of the property with uses permitted by right, considering relevant environmental, social, and economic impacts.