Niskayuna Town City Zoning Code
ARTICLE X
Special Principal Uses
§ 220-56 General provisions.
The special principal uses for which conformance to additional standards are required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Articles V and VI, in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 220-57 Town Board to determine special uses.
[Amended 1-17-1995 by L.L. No. 1-1995]
A.
The Town Board shall have the right to issue or deny a special use permit for all special principal uses in the respective districts as specified in Article IV of this chapter following the requirements set forth herein. Other sections of this chapter notwithstanding, in the commercial and industrial zones, the Town Board may issue one special use permit which would allow a combination of uses and/or more than one principal building on a lot so long as the uses are permitted within the zoning district in which the lot is located.
B.
In making its determination that multiple uses and/or buildings may be permitted under one special permit, the Town Board shall consider the following standards:
(1)
The area of the lot is at least as large as the sum of the minimum required areas for each of the proposed uses.
(2)
The uses are reasonably related to each other.
(3)
The total number of parking spaces is equal to the sum of the parking required for each use, unless it can be demonstrated that shared spaces or staggered hours of use would permit modification.
(4)
The yard dimensions, maximum lot coverage by buildings and structures and other applicable bulk requirements listed in Schedule I for the zoning district in consideration are at least as restrictive as the most restrictive regulations for any of the proposed uses.
§ 220-58 Application.
[Amended 7-19-1994 by L.L. No. 7-1994; 4-17-2007 by L.L. No. 4-2007]
A.
Application for a special use permit shall be made to the Zoning Enforcement Officer in the manner set forth in § 220-67C of this chapter.
B.
The applicant will submit five copies of the stormwater pollution prevention plan, prepared in accordance with Chapter 180 of the Town Code of the Town of Niskayuna.[1]
[1]
Editor's Note: See Ch. 180, Soil Erosion and Sediment Control.
C.
Within 14 days of receipt of an application for a special use permit, the Zoning Enforcement Officer shall forward two copies of said application and all related maps and materials to the Town Board in accordance with § 220-67F(4) of this chapter.
§ 220-59 Mandatory referral to Planning Board.
The Town Board shall, within 14 calendar days of receipt of the application for a special use permit and related materials from the Zoning Enforcement Officer, refer one copy of the above to the Planning Board for preliminary site plan review and report under the provisions of Article VIII of this chapter. Where a petition to amend this chapter accompanies the application for a special use permit, only one public hearing by the Planning Board shall be held to consider both the petition and the application.
A.
Preliminary site plan review. The Planning Board shall conduct a public hearing and report on the preliminary site plan to the Town Board as provided by § 220-46A of this chapter.
B.
Considerations in report. Section 220-46B to the contrary notwithstanding:
(1)
The Planning Board report shall state whether or not the preliminary site plan meets the conditions set forth herein and conditions required by other Articles of this chapter and any other codes, ordinances, rules or regulations of the Town. If the Planning Board determines that the foregoing are adequately fulfilled, it shall recommend to the Town Board that the applicant be granted approval of a special use permit for the proposed use.
[Amended 7-19-1994 by L.L. No. 7-1994]
(2)
If the Planning Board's report recommends approval of the special use permit, it may also recommend conditions which it deems desirable to have attached to such permit.
[Amended 7-19-1994 by L.L. No. 7-1994]
(3)
If the report of the Planning Board is unfavorable, it shall contain the reasons for the recommendation for disapproval.
§ 220-60 Standards for granting special use permits.
Special use permits may be authorized by the Town Board only upon satisfaction of each instance of such conditions as to the general character, height and use of land, buildings or structures; as to the provision of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its proposed location; as to the provision for automobile parking or storage; and as to street capacity and use; that, in the opinion of the Board, may be necessary to safeguard public health and convenience and as may be required for the preservation of the general character of the neighborhood in which such use, buildings or structures is to be placed or such use is to be conducted. Specifically, the standards established by this chapter shall be applied as they may be applicable to a specific request for a special use permit.
§ 220-61 Mandatory actions.
[Amended 7-19-1994 by L.L. No. 7-1994]
A.
Mandatory referral to County Department of Planning. The Town Board shall refer one copy of the application and all related materials to the Schenectady County Department of Planning if such referral is mandated by § 239-m of the General Municipal Law.
B.
Compliance with State Environmental Quality Review. The Town Board shall act in accordance with the State Environmental Quality Review regulations and local law[1] for the purpose of environmental review of the application.
[1]
Editor's Note: For state provisions, see Environmental Conservation Law § 8-0101 et seq.; for local regulations, see Ch. 95, Environmental Quality Review, of the Town Code.
§ 220-62 Action on application by Town Board.
[Amended 7-19-1994 by L.L. No. 7-1994]
The Town Board shall conduct a public hearing upon receipt of the report of the Planning Board and recommendation of the Schenectady County Department of Planning if it is required under the provisions of § 220-61 of this chapter. Where a petition to amend this chapter accompanies the application for a special use permit, only one public hearing by the Town Board shall be held to consider both the petition and the application.
A.
The Town Board may:
(1)
Grant the special use permit subject to final site plan review by the Planning Board.
(2)
Grant the special use permit with conditions to be considered by the Planning Board in final site plan review.
(3)
Deny the special use permit.
B.
Approval of the special use permit authorizes the applicant to proceed to file a final site plan in accordance with the provisions of § 220-47 of this chapter.
§ 220-63 Final site plan review.
[Amended 10-27-1992 by L.L. No. 8-1992; 7-19-1994 by L.L. No. 7-1994]
Upon receipt of the final site plan from the applicant, the Planning Board shall conduct a final site plan review in accordance with §§ 220-47 and 220-48 of this chapter. Failure of the applicant to submit a final site plan within six months of the approval of the special use permit shall render the special use permit null and void.
A.
If the Planning Board approves the final site plan, it shall so report to the Town Board, the applicant and the Zoning Enforcement Officer.
B.
If the Planning Board disapproves the final site plan, it shall so report to the Town Board, the applicant and the Zoning Enforcement Officer. In this case, the report of the Planning Board shall contain specific notations as to the manner in which the final site plan may be amended so as to meet with the approval of the Planning Board.
§ 220-64 Lawful special principal uses created by adoption of chapter.
If a use is lawfully established prior to the effective date of this chapter and it becomes a special principal use under the provisions of this chapter, it shall be considered a lawful special principal use.
§ 220-65 Expiration of special use permit.
[Amended 4-16-1981 by Res. No. 122; 1-20-2004 by L.L. No. 1-2004]
A.
A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason.
B.
The special use permit will expire in the event that:
(1)
Site plan review has not been applied for within one year after the date of approval of the special use permit; or
(2)
Construction has not begun in accordance witht the approved plan within two years after the date of final site plan approval by the Planning Board.
C.
In the event the special use permit expires, a new special use permit application must be submitted to the Town for reconsideration if the applicant still wishes to establish the use.