Oneonta Town City Zoning Code
ARTICLE XXI
Special Use Permits
[Added 6-10-1992 by L.L. No. 6-1992]
§ 103-96 Conditions for issuance.
[Amended 8-13-1997 by L.L. No. 4-1997; 7-12-2000 by L.L. No. 5-2000; 3-10-2004 by L.L. No. 5-2004; 7-14-2004 by L.L. No. 11-2004]
On direct application supplementing an application to the enforcement officer for a building permit or certificate of occupancy, the Planning Board may grant a permit for any use for which approval of such Board is required under this chapter. In the absence of substantial evidence that the public interest would be better served by a renewable permit, any special permits issued by the Planning Board shall be for an indefinite period, subject to revocation for just cause under § 103-97. In the event that the board does find such evidence, it may issue a renewable special permit for time periods not to exceed a total of four years. Except as provided in Subsection E below, at the conclusion of the initial renewal period, any special permit renewed by the Planning Board shall be valid for an indefinite period of time, subject to revocation for just cause under § 103-97. Any renewal application shall be subject to the same procedure and requirements as specified herein for the issuance of the initial special permit.
A.
The use shall be in such location and of such size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts or properties.
B.
The location and size of the use, the nature and intensity of the operation involved in or conducted in connection therewith, its size and layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly by children; relation to main traffic thoroughfares and to street and road intersections; and the general character and intensity of development of the neighborhood.
C.
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
D.
In the case of an application for a special use permit to operate a kennel, the following conditions shall apply. The kennel must be fully enclosed with permanent walls, roof and appropriate sound-deadening measures such that the animal sounds from within cannot be heard by the Code Enforcement Officer or other enforcement personnel from any point immediately adjacent to the boundaries of the parcel upon which the kennel is situated.
E.
In the case of an application for a special permit to operate a boardinghouse, rooming house or bed-and-breakfast as defined in § 103-3B of the Town Code, initial approval may be granted by the Planning Board upon imposition of the following conditions:
[Amended 12-14-2010 by L.L. No. 4-2010]
(1)
No bedrooms for transient use shall be located above the second story.
(2)
A firesafety notice shall be affixed to the occupied side of the entrance door of each bedroom for transient use indicating:
(a)
Means of egress;
(b)
Location of means for transmitting fire alarms, if any; and
(c)
Evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire- or smoke-detecting or other alarm device.
(3)
The premises shall be in conformity with all applicable provisions of NYCRR Title 9.
(4)
Any permit issued pursuant to this subsection may be renewed for successive periods of up to one year upon application to the Code Enforcement Officer, provided there have been no complaints or unresolved fire/safety violations for the conditions set forth herein. If there are any complaints or unresolved fire/safety violations on record with the Code Enforcement office for the year preceding the renewal application date, the applicant shall be subject to a hearing to be held before the Planning Board at a time and place therein specified and on at least five days’ notice to the owner of the building or structure or persons having an interest therein to determine whether said permit renewal shall be affirmed, modified or vacated.
(5)
Any application for a special use permit or renewal thereof shall be accompanied by a fee imposed for the inspection required hereunder at a rate to be fixed by the Town Board from time to time.
F.
In the event of an application for a special permit for an open space recreational use, approval may be granted only upon a finding that the proposed use is in harmony with any existing residential uses in the district or in an adjoining district.
[Added 11-9-2005 by L.L. No. 9-2005]
G.
In the event of an application for a special use permit for the modification of a nonconforming use, approval may be granted only upon a finding that the proposed modification is in harmony with any existing residential uses in the district or in an adjoining district.
[Added 9-11-2019 by L.L. No. 1-2019]
§ 103-97 Procedure for revocation.
[Added 1-11-1995 by L.L. No. 1-1995]
A.
Investigation.
(1)
In the event that a complaint is received by the Town Code Enforcement Officer that the conditions imposed by the Planning Board in relation to the issuance of a special use permit have not been complied with, or are no longer being complied with, the Code Enforcement Officer shall investigate the allegations of the complaint and issue a report of his findings to the Town Planning Board.
(2)
At a meeting duly convened by the Town Planning Board, the Planning Board shall determine whether or not sufficient basis exists to pursue revocation of the special use permit in question because of a failure of the special use permit holder to comply with conditions imposed at the time of the issuance of the special use permit.
(3)
In the event that the Town Planning Board determines that revocation proceedings are justified, the Town Planning Board shall forward a notification, by certified mail, to the permit holder of an intention to revoke the special use permit. The notice shall state the basis for the revocation proceeding as determined by the Code Enforcement Officer. The notification shall provide for a public hearing for the special use permit holder, to be held no less than 10 days nor more than 20 days from the date of certified mailing of the notice to the special use permit holder.
(4)
Thereafter the Town Planning Board shall cause a notice to be advertised in the newspaper of general circulation for the Town of the date, time and place of the public hearing. The notice shall be published at least five days prior to the public hearing.
(5)
On the date, time and place as scheduled in the public notice of the public hearing, the special use permit holder shall be entitled to present to the Town Planning Board any and all reasonable evidence with regard to the issue of compliance with the conditions imposed by the Town Planning Board. The Planning Board shall also be entitled to hear any and all other evidence as may be submitted by the public at large with regard to the issue.
(6)
After the public hearing, the Planning Board shall determine whether to continue or revoke the special use permit and shall notify the special use permit holder, in writing, of the basis for its decision within 10 days, by certified mail.
(7)
In the event of revocation of the special use permit, the special use permit holder shall, within five days of revocation, cease and desist from the use for which the special use permit was granted.