Somers City Zoning Code
ARTICLE XVIII
Special Exception Use Permits
§ 170-103 Notice and consent.
In any case where, under the provisions of this chapter, the granting of a special exception use permit or a hearing in connection therewith is conditioned upon notice to or the written consents of owners within a prescribed area, the Board of Appeals, after giving due consideration to the general neighborhood, its topography, general character and trend of development, may prescribe such lesser area as the Board of Appeals may deem appropriate under the circumstances.
§ 170-104 Application.
A.
An application for a special exception use permit shall be in writing, subscribed to and verified by the owner of the property for which the permit is sought or by the agent of the owner thereunto duly authorized by an instrument in writing, duly executed and acknowledged, as in the case of a deed, by the owner of the aforesaid property.
B.
In the event that the special exception use is to be conducted by a lessee, said lessee shall join in the application and subscribe and verify the application in person or by the lessee's duly authorized agent, in the same manner as the owner.
C.
In the event that such application is made by an agent in behalf of the owner or the owner and lessee, there shall be attached to the application an authorization duly executed and acknowledged, as in the case of a deed, by the owner or by the owner and the lessee, as the case may be.
D.
In the event that a lessee shall be interested in the application, a photostatic copy of the lease shall accompany the application.
E.
The application may be filed with the Board of Appeals in the first instance, without first applying to the Building Inspector for a building permit.
F.
The application shall be made upon such form or forms and accompanied by such site and plot plans, contour maps and building plans and specifications and other pertinent data and information as may be required by the Board of Appeals in each case. Each application shall set forth the full circumstances and conditions involved therein and the grounds on which a special exception use permit is sought.
§ 170-105 Notice of public hearing.
[Amended 6-8-2006 by L.L. No. 7-2006; 6-12-2008 by L.L. No. 4-2008; 12-9-2010 by L.L. No. 8-2010]
A.
Notice of public hearing with respect to an application for a special exception use permit shall be given by publication thereof in the official newspaper of the Town at least 10 days in advance of the hearing. Notice shall also be required to be given to all owners of property, including individual owners of condominiums, within a distance of 500 feet of the property lines of the applicant at least 10 days in advance of the hearing. Said notice shall be in such form as the approving authority shall prescribe and shall be sent to each owner within said distance by first-class mail to the last known address on the tax records.
B.
A copy of the notice of a public hearing shall be mailed at least 10 days prior to the public hearing date to the Clerk of any municipality where the land included within the site plan is within 500 feet of such municipality.
C.
Before the hearing, there shall be filed, with the approving authority, affidavits of the publication and mailing of the notice of hearing. The expense of publishing and mailing any notice required by this chapter shall be paid for by the applicant.
D.
In its discretion, the approving authority may waive the time requirements aforesaid, provided that notice is given within the time provided for in § 267, Subdivision 5,[1] of the Town Law. Failure of the approving authority to give notice as provided in this chapter shall not invalidate any determination of the approving authority.
[1]
Editor's Note: So in original.
E.
Notification sign.
(1)
With respect to any application for a special exception use permit, the applicant shall securely place and maintain a sign on the subject property at least 10 days prior to the date of the first Board of Appeals meeting (or first Planning Board meeting, when applicable) for which the application is on the agenda.
(2)
Such signs shall be at least 30 inches in length by 20 inches in width, shall consist of sturdy and serviceable materials containing a white background with black legible letters of at least two inches in height and shall be placed in a location plainly visible from the most commonly traveled street or highway upon which the property fronts, but in no case more than 20 feet back from the front lot line. Such sign shall be at least six feet above the ground and shall read as follows: "A PROPOSED SPECIAL EXCEPTION USE PERMIT APPLICATION FOR THIS PROPERTY WILL BE DISCUSSED AT A [BOARD OF APPEALS OR PLANNING BOARD] MEETING ON (fill in date) AT (fill in time) AT THE SOMERS TOWN HOUSE. FOR INFORMATION CALL (914) 277-5582."
(3)
The applicant shall update the sign and post it at least 10 days prior to the date of each subsequent meeting or public hearing. The word "meeting" shall be similarly updated to "public hearing" and the word "discussed" shall be similarly changed to "heard."
(4)
At least seven days prior to the date of the meeting or hearing(s) for which the sign is posted, the applicant shall submit to the approving authority an affidavit stating to the fact and date of the posting.
(5)
The applicant shall remove the sign within seven days after the date of the meeting or hearing for which the sign is posted.
§ 170-106 Standard for determination.
[Amended 4-29-1965; 12-9-2010 by L.L. No. 8-2010]
A.
The approving authority shall determine each application upon the merits only after public hearing and in conformity with the following standards and guides:
(2)
The approving authority's deliberation and determination shall be made in accordance with the Comprehensive Plan and design set forth in this chapter to lessen congestion in the streets; to secure freedom from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to facilitate adequate provisions of transportation, water, sewage, schools and other public requirements, as one or more of such standards may apply to the particular use.
(3)
The deliberation and determination of the approving authority shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for the particular uses and with a view to conserving the values of buildings and property generally and to encourage the most appropriate use of land throughout the municipality.
(4)
In addition to, but not in any way limiting the application of the general standards herein specified, the approving authority shall give substantial weight to an application when it is found as a fact that the maintenance of the particular use, together with the improvements incidental thereto, will not tend to depreciate the value of property in the neighborhood and particularly existing dwellings; and that the use will not conflict with or impede the trend of the type and character of dwelling or improvements under construction or reconstruction in the neighborhood and future dwellings or improvements to which the neighborhood may reasonably lend itself in the foreseeable future.
(5)
The location, nature, extent and height of any building, structure, wall or fence and the nature and extent of any landscaping shall be such as will not hinder or discourage the appropriate development and use of property in the general neighborhood.
(6)
The issuance of any permit hereunder for any public utility use in any residence district shall be subject to the finding that the establishment of the particular use in the subject location is necessary and convenient for the efficient operation of the particular utility system of which said use is a part or for the provision of service, by the utility, to the neighborhood in which the particular use is located.
(8)
In acting upon any application for a special exception use permit, the approving authority may impose any conditions that it deems necessary to promote the reasonable application of the foregoing standards, as well as any other general or special standards set forth in this chapter, and may deny any such application, but only in accordance therewith.
(9)
Nothing in this section provided shall be deemed to authorize the approving authority to grant a special exception permit except in strict conformity with Articles XI through XV and XVII through XIX of this chapter, and no change in any use provisions of this chapter shall be permitted except as expressly provided in said articles.
B.
In granting the application, in whole or in part, the approving authority may attach thereto such conditions as the approving authority, in its discretion, may deem necessary to promote the health, safety and general welfare of the Town of Somers.
C.
The determination of the approving authority shall be in writing, signed by the Chairman or, in the absence of the Chairman, by such other member as the approving authority may, by resolution, determine and shall be filed with the Town Clerk within five days. A certified copy of the decision shall be mailed to each applicant within three days of such filing.
§ 170-107 Certificate of occupancy.
Upon completion of the improvements authorized by the special exception use permit, the applicant may apply to the Building Inspector for a certificate of occupancy without further application to the Board of Appeals; and the Building Inspector shall, after personally inspecting the premises involved, issue a certificate of occupancy, provided that the conditions attached to the granting of the permit have been duly and fully complied with. In the event of the failure or refusal of the Building Inspector to issue a certificate of occupancy, the applicant may appeal to the Board of Appeals within 30 days thereof.