North Hornell Village
City Zoning Code
City Zoning Code
ARTICLE VII
Special Permit Uses
§ 140-42 Purpose.
Pursuant to § 7-725 of Village Law of the State of New York, the Planning Board is hereby authorized to approve the establishment of special permit uses as identified above in Article III in the regulations for the several zoning districts. Such identified uses are considered generally appropriate for the districts indicated, but require particular attention to their manner of site development and operation in order to prevent or minimize undesirable effects on nearby properties or on the general welfare of the village. No special permit use shall be established or enlarged except under terms of a duly issued special permit. For such uses, a special permit shall serve the same function as a zoning permit for other uses. Special permits are not transferable.
§ 140-43 Application for special permit.
A special permit application shall be submitted to the Zoning Officer on forms provided by him. The application shall be supplemented by a site plan comprising the following explanatory materials to the extent that and in such detail as the Zoning Officer shall deem applicable, considering the type, location, relative complexity and general circumstances of the particular proposed special permit use:
A.
An area map showing the parcel under consideration for site review and all properties, subdivisions, streets and easements within 200 feet of the boundaries thereof.
B.
A site map or maps showing:
(1)
The topography at no more than five-foot contour intervals. If general site grades have susceptibility to erosion or there are areas of flood or ponding, contour intervals of not more than two feet of elevation shall also be provided.
(2)
The title of the drawing, the name and address of the applicant and the person responsible for preparation of such drawing; North arrow, graphic scale and date of the drawing.
(3)
Boundaries of the property plotted to scale.
(4)
Existing watercourses, wetlands, water bodies, rock outcrops, major trees and other natural significant features.
(5)
The proposed location, use and height of all buildings.
(6)
The grading and drainage plan, showing existing and proposed contours.
(7)
The location, design and construction materials of all parking and truck loading areas, showing access and egress.
(8)
The provisions for pedestrian access.
(9)
The location of outdoor storage, if any.
(10)
The location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(11)
A description of the method of sewage disposal and location, design and construction materials of such facilities.
(12)
A description of the method of securing public water and location and the design and construction materials of such facilities, if applicable.
(13)
The location, design and construction materials of all energy distribution facilities, including electric and gas.
(14)
The location, size and design and construction materials of all proposed signs.
(15)
The location and proposed development of all buffer areas, including existing vegetable cover.
(16)
The location and design of outdoor lighting facilities.
(17)
A designation of the amount of building area proposed for retail sales or similar commercial activities.
(18)
A general landscaping plan and planting schedule.
(19)
Any other elements integral to the proposed development as considered necessary by the Zoning Officer, including identification of any state or county permits required for the project's execution.
§ 140-44 Review.
A.
When the Zoning Officer has received a completed application for a special permit, he shall transmit it to the Planning Board for its review and determination. The Board shall within 60 days approve, approve with modification or disapprove the application. Such decision shall be filed with the Village Clerk.
B.
The reasons for any modification or for disapproval shall be stated in the record, and copies shall be given to the applicant and the Zoning Officer. In approving an application with or without modification, the Planning Board may specify in the permit such terms and conditions as in its opinion shall be appropriate means for securing the expressed intent of the particular zoning district and the purposes of these regulations.
C.
A permit shall be issued upon affirmative vote of a majority of the Board and signature by the Chairman or other designated officer. Copies shall be given to the applicant and the Zoning Officer.
§ 140-45 Consideration.
Any application for a special permit shall be considered by the Planning Board with particular regard for the adequacy of the following, as may be applicable in each case:
A.
The adequacy and arrangement of pedestrian access and circulation, walkways, structures, control of intersections with vehicular traffic and overall pedestrian convenience.
B.
The location, arrangement, appearance and sufficiency of off-street parking and loading.
C.
The location, arrangement, size, design and general site compatability of buildings, lighting and signs.
D.
The adequacy of stormwater and drainage facilities.
E.
The adequacy of water supply and sewage disposal facilities.
F.
The adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between applicants and adjoining lands, including the maximum retention of existing vegetation.
G.
In the case of multiple dwellings, the adequacy of usable open space for play areas and informal recreation.
H.
Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.
I.
The adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
J.
Special attention to the adequacy of structures, roadways and landscaping in areas susceptibility to ponding, flooding and/or erosion.
§ 140-46 Consultation.
In the course of its review, the Planning Board may consult with the Village Zoning Officer, Fire Commissioners, County Planning Board, other local and county officials and private consultants, in addition to representatives of federal and state agencies, including but not limited to the Soil Conservation Service, the State Department of Transportation and the State Department of Environmental Conservation.
§ 140-47 Hearing.
In the course of this review, the Planning Board may hold a public hearing with regard to any application for a special permit, upon publication of notice in the village's official newspaper at least five days prior to the date thereof.
§ 140-48 Referral.
A.
Upon receipt of any application for special permit affecting a site within 500 feet of the village boundary or within 500 feet of a county or state highway or expressway, such application shall be promptly referred by the Village Planning Board to the County Planning Board for its review and comment, pursuant to § 239-m of the General Municipal Law.
B.
If the County Planning Board fails to report its comments within 30 days after such referral, the Village Planning Board shall act without such report. If the County Planning Board disapproves or recommends modification of the proposal, the Village Planning Board shall not act to the contrary, without the affirmative vote of a majority plus one of its membership on a resolution setting forth the reasons for such contrary action. Within seven days, such decision shall be filed with the County Planning Board.
§ 140-49 Additional procedures.
The following matters of procedure shall be observed where applicable:
A.
Reimbursable costs. Costs incurred by the Planning Board and/or the Zoning Officer for consultation fees or other extraordinary expenses in connection with the review of a special permit shall be charged to the applicant. This shall include, but is not limited to, engineering and site plan review, construction inspection, SWPPPs and SEQR. Refer to fee schedule.
[Amended 6-6-2016 by L.L. No. 5-2016]
B.
Inspection of improvements. The Zoning Officer shall be responsible for the overall inspection of site improvement, including coordination with other officials and agencies, as appropriate.
C.
Expiration. A special 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.
D.
Existing violations. No special permit shall be issued for property where there is an existing violation of these regulations.