Owasco Town City Zoning Code
ARTICLE VI
Special Use Permits
§ 150-30 Purpose and intent.
The purpose of this article is to set forth supplemental regulations, procedures, and conditions which shall apply to specially permitted land use activities in the Town of Owasco. Special uses are those uses that will have a special impact or unique form which requires a case-by-case review to determine that the use will be compatible with the surrounding properties and to mitigate adverse impacts to the harmony of the neighborhood and the environment. In reaching a determination on a special use permit application, the Planning Board shall take into consideration such concerns as the specific location, design, configuration, and impact to others, together with the criteria set forth in this article.
§ 150-31 Applicability.
No zoning permit shall be issued by the Code Enforcement Officer for any land use or activity listed in § 150-15 as requiring a special use permit (SP) until the Planning Board has approved the special use permit application. The Planning Board shall approve applications for special use permits only when satisfied that all applicable requirements, as set forth in this article, have been complied with, in addition to all other requirements of this chapter. All fees as established by the Town Board in a Fee Schedule shall be paid prior to permit issuance.
§ 150-32 Procedure for obtaining special use permit.
Pre-application meeting. All applicants for a special use permit shall conduct a pre-application meeting with the Planning Board prior to application submittal. The purpose of this meeting is to ensure all parties have clear expectations regarding all requirements applicable to the proposed special use permit. A written request for this meeting shall be sent to the Planning Board. Submission and review of an application shall not be delayed based on the failure of the Planning Board to respond in a timely manner to a properly filed meeting request.
Filing of a special use permit application.
Applications for a special use permit shall be filed with the Code Enforcement Officer. All applications shall be signed by the legal owner of the premises or his authorized agent for which the special use permit is sought.
Site plan required. Each application for a special use permit shall be accompanied by a proposed site plan depicting the information required for site plan approval as described in Article V. The Planning Board shall attempt to integrate, as appropriate, site plan review as required by Article V with the procedural and submission requirements for special use permit review.
Any application for a special use permit for property within the Cayuga County Agricultural District containing a farm operation or for property with boundaries within 500 feet of a farm operation located in the Cayuga County Agricultural District shall include an Agricultural Data Statement.
The Code Enforcement Officer shall refer the completed special use permit application, and agricultural data statement, if required, to the Town Planning Board after receiving a completed application. The Secretary of the Town Planning Board shall determine if the proposed action is subject to referral to the Cayuga County Planning Board for review in accord with Article 12-B, § 239-m, of the General Municipal Law and the agreement between the Cayuga County Planning Board and the Town Board of Owasco to exempt certain matters from such referral as more fully described in § 150-140B. If the matter is subject to referral to the Cayuga County Planning Board, the Secretary to the Town Planning Board shall transmit a copy of the complete application and supporting documents to the Cayuga County Planning Board after receiving the complete application from the Code Enforcement Officer.
If an Agricultural Data Statement is required for the subject project, the Planning Board shall mail, via registered mail, written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location, and may be sent in conjunction with any other notice required by state or local law, ordinance, rule or regulation for the said project. The cost of mailing said notice shall be borne by the applicant.
No application shall be deemed complete if the Code Enforcement Officer shall determine that a variance would be required from the Zoning Board of Appeals in connection with the proposed use of the premises. The Code Enforcement Officer shall notify the applicant of the need for such variance.
Public hearing and notification of public hearing.
Prior to taking action on an application for a special use permit, the Town Planning Board shall conduct a public hearing. Such hearing shall be conducted within 62 days following the receipt of a complete application and supporting documents from the Code Enforcement Officer. Any such application shall be deemed received when the complete application is first presented at a duly called Town Planning Board meeting.
The Town Planning Board shall publish a notice of the public hearing in the Town of Owasco official newspaper at least 10 days prior to the date of the public hearing. Such notice shall include sufficient information so as to identify the property involved and the nature of the proposed action. The Town Planning Board shall also mail a notice of the public hearing to the applicant and, if required under Article 12-B, § 239-m, of the General Municipal Law, to the County Planning Board at least 10 days prior to the public hearing.
§ 150-33 Special use permit general requirements, standards, and findings.
General requirements and standards. The Town Planning Board shall make a written factual record and findings of all its proceedings involving the granting of a special use permit. Compliance with the following required criteria for the use for which the special use permit was granted shall be substantiated:
Must be in the best interest of the Town, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity;
Will not have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding area, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare, and convenience of the public;
Will not create operations or uses that will be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination, or other outward effects on others in the zoning district or vicinity;
Will be serviced adequately (as determined by the Planning Board) by essential public facilities and services, including, but not limited to, highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewage disposal, groundwater protection, schools, energy conservation, and any other services the Planning Board deems appropriate;
Will not have an adverse effect on the environment; and
Will be in conformance with all applicable requirements of this chapter.
Findings. The Town Planning Board shall make written findings for each special use permit decision. Findings shall state the reasoning behind, the basis for, and the evidence relied upon to reach the decision. The following specific considerations, as they relate to § 150-33A, shall apply to all special use permit applications:
The ingress and egress to the property and proposed structures thereon, with particular reference to vehicular and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe.
Off-street parking and loading areas where required, and the noise, glare or odor effects of the special use permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special use permit use.
Refuse and service areas.
Utilities as appropriate, with reference to locations, availability and compatibility.
Storm drainage, including potential impact on downstream properties.
Screening and buffering, with reference to type, dimensions and character.
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
Required yards and other open space.
General compatibility with adjacent properties and other properties in the zone district.
The Agricultural Data Statement, if required, shall be evaluated and considered as to the possible impacts of the special use on the Agricultural District.
The Town Planning Board may impose any additional conditions and requirements on the special use permit it deems necessary to conform to the goals and objectives of the Town's Comprehensive Plan and its principles of land use and development, and to protect the health, safety and general welfare of the public. Such conditions and requirements shall be clearly documented in the findings and reflected on the approved special use permit. Such additional conditions and requirements may include but are not limited to the following:
Increasing the required lot size or yard dimensions.
Limiting the height, size or location of buildings.
Controlling the location and number of vehicle access points.
Increasing the number of required off-street parking spaces.
Limiting the number, size, location and lighting of signs.
Requiring fencing, screening, landscaping or other facilities to protect adjacent or nearby property.
Designating sites for open space.
§ 150-34 Referral to County Planning Board.
Prior to taking action on the final Special Use Permit, the Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with Section 239-l, m & n of the New York State General Municipal Law.
§ 150-35 Special use permit decisions.
The Town Planning Board shall render its decision, approving, approving with conditions, or denying, within 62 days following the hearing unless the time period is extended by the mutual consent of the Town Planning Board and the applicant. If the application is required to be referred to the County Planning Board, the Town Planning Board shall not act within the first 30 days following such referral unless the County Planning Board provides a written reply to the Town Planning Board within the 30-day period. If the County Planning Board fails to act on the referral and to make its recommendation within such 30-day period, the Town Planning Board may take action on the application absent a recommendation from the County Planning Board.
The Town Planning Board shall comply with the provisions of the State Environmental Quality Review (SEQR) regulations when considering whether to grant a special use permit.
If an application for a special use permit is approved by the Town Planning Board, the Board shall furnish the Code Enforcement Officer with a copy of the approving resolution with written direction to issue the applicant a zoning permit in accord with the conditions of the special use permit.
If an application is disapproved by the Town Planning Board, the reasons for such denial shall be set forth in the Planning Board resolution and a copy of such resolution shall be furnished to the Code Enforcement Officer with written direction to deny the zoning permit.
A copy of the Town Planning Board's decision shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
§ 150-36 Expiration and revocation of special use permits.
Revocation of special use permit. The Planning Board may revoke a special use permit upon reasonable cause should the permittee violate the conditions of the special use permit and fails to terminate such violation within 30 calendar days of receiving a notice of violation; engages in any activity not authorized by the special use permit; or fails to comply with any other provision of this chapter. Before a permit may be revoked, a public hearing shall be held by the Planning Board. Notice of the hearing shall be made in the official newspaper at least 10 business days prior to the date thereof. The permit holder shall be notified of the hearing by certified mail at least 10 business days prior to the hearing. At the hearing, the Planning Board shall hear the permit holder and all other persons wishing to be heard on the revocation of the special use permit. If the Planning Board decides to revoke a special use permit, the reasons for such revocation shall be stated in the public hearing minutes. The permit holder shall be immediately notified of the revocation by certified mail.
Inspections. The Code Enforcement Officer may inspect the premises of a use authorized and approved with as special use permit annually. The inspection shall determine if the use is being operated consistent with the terms and conditions established by the Planning Board in approving the special use permit. If the Code Enforcement Officer shall determine that the use is not being operated in compliance with the special use permit, the Code Enforcement Officer shall find the owner or operator of the use in violation of the ordinance and shall issue a notice of violation to the owner or operator. If such violation is not corrected within 50 days of issuance of the notice of violation, the special use permit shall become null and void, and the owner or operator shall cease use of the property until such time as a new special use permit application is submitted and approved in accordance with the provisions of this article.
§ 150-37 Requirements for certain special uses.
Assisted living facility.
Health care facility.
Park or recreation area: outdoor, owned and operated by a not-for-profit organization.
All buildings shall be not less than 100 feet from any lot line.
All lighting shall be shielded in order not to shine upon abutting properties.
A buffer planting strip along side and rear property lines shall be composed of interlocking trees and foliage and other appropriate groundcover. The maintenance of the buffer strip shall be a continuing obligation of said area.
Religious sectarian and non-sectarian, denominational, private or public school.
Minimum lot size shall be three acres.
Maximum height of principal building shall be 50 feet.
Maximum height of accessory buildings shall be 20 feet.
All buildings shall be not less than 100 feet from any lot line.
Completely detached buildings on the same lot shall be not less than 20 feet from one another.
Intuitive reuse of a building that was built or designed for commercial use. The intent of these requirements is to provide for the intuitive reuse of buildings that were built or designed for commercial use and are currently integrated in the fabric of existing neighborhoods. The special use permit process is only intended for properties which were used for commercial use prior to the adoption of this chapter.
The properties eligible to apply for a special use permit shall be limited to the properties listed in the table below:
List of Properties Eligible for an Intuitive Reuse | |
|---|---|
Tax Map Number1 | Property Address1 |
123.15-2-14 | 6933 Owasco Road |
116.00-1-1 | 13 Archie Street |
116.19-1-13.1 | 13 Archie Street |
116.19-1-14 | 13 Archie Street |
138.00-1-30.113 | 7017 Owasco Road |
116.18-2-1.1 | 7402 Owasco Road |
116.18-2-31 | 7368 Owasco Road |
116.18-2-39 | 19 Melrose Road |
123.06-1-1 | 7259 Owasco Road |
123.06-1-2 | 7259 Owasco Road |
123.06-1-3.1 | 7259 Owasco Road |
123.15-1-14 | 6926 Owasco Road |
146.01-1-60 | 4892 Gahwiler Road |
NOTES: | |
|---|---|
1 | Eligible properties are listed by their tax map number and property addresses as of the date of adoption of this chapter. |
In order to ensure the preservation of existing neighborhood character, the following commercial uses shall not be permitted for an intuitive reuse special use permit:
No increase in existing building or impervious surface coverage shall be permitted.
Bed-and-breakfast inns.
The building proposed for occupancy as a bed-and-breakfast inn shall be a single-family dwelling with no more than five lodging rooms for hire.
The operator of the bed-and-breakfast inn shall reside in the dwelling while lodging rooms are occupied.
The dwelling shall not be altered in a manner that would cause the premises to differ from its residential character by the use of colors, materials, constructions, or lighting, nor shall any extensions or additions to the dwelling be made for the purposes of renting such a space for overnight lodging.
Outbuildings detached from the principal dwelling shall not be used for lodging.
A minimum of one off-street parking space shall be provided for each rentable unit, in addition to the minimum number of parking spaces required for a single-family dwelling. No such parking spaces shall be located in the front yard area, and each space shall be not less than 10 feet by 20 feet in size.
One unanimated flat, or window sign and one unanimated freestanding sign, each not to exceed four square feet per side, shall be permitted. Illuminated signs may be permitted subject to the review and approval of the Town Planning Board, provided such signs comply with Article XVII of this chapter.
No bed-and-breakfast inn shall be permitted where access is provided by a shared driveway.
Each rentable room shall be equipped with a functioning smoke detector.
Lodging shall not be provided to the same person or persons for more than 30 days per calendar year.
Each bed-and-breakfast inn shall comply with the Cayuga County Sanitary Code and the Codes of New York State.
Multifamily dwellings.
The minimum lot size for such use shall be five acres with a width of not less than 400 feet.
The overall density of occupancy in any permitted multiple-family dwelling development shall not exceed four dwelling units for each acre of lot area.
A minimum of 900 square feet of floor area shall be required for each dwelling.
Open space and recreation.
At least 5.5 square feet of lot area per one square foot of habitable floor area shall be provided as unpaved and uncovered open space.
At least 0.33 square feet of lot area per one square foot of habitable floor area shall be provided as recreation space. Recreation space may count toward the required minimum open space.
§ 150-38 Integration of procedures.
When circumstances of a proposed development require compliance with the site plan review procedure pursuant to Article V of this chapter and/or the Environmental Protection Overlay District development permit procedure pursuant to Article VII of this chapter, the Planning Board shall attempt to integrate, as appropriate, special use permit review as required by this article with the procedural and submission requirements for such other compliance.