Stillwater Town City Zoning Code
ARTICLE V
Special Use Permits
§ 210-23 Purpose.
A.
The purpose of this article is to set forth requirements which shall apply to certain land uses and activities which, due to their specific characteristics or the special characteristics of the area in which they are to be located, require special consideration by the Planning Board with respect to the objectives of this chapter as well as their effect on the surrounding properties and community character. The primary purpose of special use permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the Town.
B.
Particular uses are controlled by a special use permit procedure which requires additional regulations designed for each use in order to minimize and mitigate such problems or difficulties and to minimize the impact of these upon the zoning district in which such use is located.
§ 210-24 Applicability.
A land use or development proposing a use or expansion of a use listed as a special use in Attachment 1: Table 1, Summary of Allowed Uses, hereof shall require special use permit review. No building permit for a use requiring special use review shall be valid without issuance of a special use permit by the Planning Board. When a special use permit review is triggered, the Planning Board is empowered to apply all of the requirements of this chapter to its review. Any change in use for a use that requires special use permit review, whether or not it triggers a change in site requirements, shall be subject to special use review.
§ 210-25 Authorization to administer special use permit review.
A.
In accordance with § 274-b of the New York State Town Law, the Planning Board is authorized to approve, disapprove, or approve with conditions, special use permits. The Planning Board shall conduct special use permit review in accordance with the procedures of this article for any use identified as requiring such review in Article III and Attachment 1: Table 1.
B.
Site plan review in accordance with the requirements and procedures of Article IV is required for all uses that receive a special use permit. Such review shall occur concurrent with the special use permit review. It is the intent that a single (or combined) application be made which addresses both the site plan and special use permit requirements and that the review process be combined and run concurrently.
§ 210-26 Application requirements for special use permit review.
Application for special use permit shall be made on forms supplied by the Planning Department. Minimum application requirements shall include the elements outlined in § 210-37 as well as:
A.
Written narrative description of the proposal to include the proposed use(s), operating characteristic, hours of operation, seasonal/year-round and elements specific to the particular use to fully describe the facilities and operating characteristics of the proposal.
§ 210-27 Application and review procedures.
A.
It shall be the duty of the Planning Department to refer to the Planning Board all uses identified in Article III and Attachment 1: Table 1, Summary of Allowed Uses, which require special use permits.
(1)
Upon receipt of an application for a special use permit, the Planning Board shall initiate an environmental review pursuant to the applicable provisions of SEQRA, 6 NYCRR Part 617.
(2)
The Planning Board shall determine what items from the site plan submittal requirements in Article IV (§ 210-17) shall be submitted for the special use permit application. The Planning Board may empower the Code Enforcement Officer/Planning staff to make a preliminary determination of submittal requirements in order to place the matter on the Board's agenda.
(3)
An eligible applicant for a special use permit must be the owner, lessee or purchaser under contract for the involved parcel. A lessee and purchaser under contract must have the permission of the current property owners to submit an application for a special use permit. The applicant, or his duly authorized representative, shall attend the meeting of the Planning Board to discuss the application. The owner authorization section of the application shall be completed if the application is not the current owner of the property.
(4)
The official time of submission of the special use permit application shall be considered to be the date of the first meeting of the Board for which the application is scheduled for discussion.
(5)
For applications within 500 feet of the Town boundary or a proposed or existing state or county park or recreation area, right-of-way, parkway, throughway, road or highway, stream drainage channel or easement, public building or institution, not later than 10 days following receipt of a complete application for said project, the Planning Department shall notify and furnish the Saratoga County Planning Board, in accordance with General Municipal Law §§ 239-l and 239-m, with such pertinent information as the Saratoga County Planning Board may deem necessary for review.
(6)
The Planning Board shall fix a time, within 31 days from the day a complete application for special use permit approval is made, for the hearing of any matter referred to under this section. The Planning Board shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof.
(7)
The Planning Board shall decide on the application within 31 days after such a hearing; however, the time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board.
(8)
The decision of the Planning Board shall promptly be filed in the office of the Town Clerk and a copy thereof mailed to the applicant. The decision shall contain such findings of fact as are required by §§ 210-29 and 210-30. The Planning Board, in conjunction with its approval of any special use permit, may impose such requirements and conditions as are allowable within the proper exercise of the police power, including limitations on the hours of use, the intensity of the use, the number of employees or vehicles, the number of structures, the use of structures and land, and any other condition it deems necessary to further the interest of this chapter. In addition, the Planning Board may require that the Code Enforcement Officer incorporate any such requirements and conditions in any permit issued with regard to such site plan review project.
(9)
As a condition of approval of a special use permit, the Planning Board may require a letter of credit to guarantee satisfactory performance of the required improvements. Such letter of credit shall be part of or in addition to any required by the Planning Board as part of a site plan review application.
(10)
The Planning Board, as a condition of granting any special use permit, may specify its term of validity. There are three types of permits which may be granted by the Planning Board, described as follows:
(a)
Permanent: permits a specific use to continue indefinitely until the specific use ceases for any reason for a period of six consecutive months.
(b)
Temporary: permits a specific use to continue until a specific date, at which time the special use permit shall automatically terminate and the use shall be permanently discontinued. This type shall not be extendable.
(c)
Renewable: permits a specific use to continue until a specific date, unless renewed or extended by the Planning Board for an additional period of time. If not extended, the use shall be permanently discontinued. It is the responsibility of the applicant, and not the Town of Stillwater, or any board, officer, or employee thereof, to initiate the request for the renewal or extension prior to the expiration of the original term of such renewable special use permit. If not extended or renewed prior to the date set for expiration, the right to continue such special use shall terminate on such expiration date, subject to the right of the applicant to seek an extension or renewal. Applications for permit extensions of renewals shall follow the same process as for new permits.
(11)
Any applicant who receives a temporary or renewable special use permit and who decides to proceed with the special use does so realizing that the temporary special use permit has a fixed duration, and that all rights to continue that use terminate upon the expiration of the specified time, and that the renewable special use permit may not be extended beyond its original term without approval pursuant to this section. The applicant, in accepting a temporary or renewable special use permit, acknowledges and agrees that such special use permit confers no rights or privileges other than those specifically contained therein.
§ 210-28 Fees.
In addition to the fee listed on the schedule of fees, the Planning Board may charge a fee to developers of projects requiring legal and technical review, provided that the fee charged reflects the actual cost of legal and technical assistance to the Planning Board. This fee is not to exceed $1,500 without notice to the applicant.
§ 210-29 General standards for special use permits.
A use requiring the issuance of a special use permit is not granted as of right and is therefore subject to the discretion of the Planning Board. Before granting approval to any special use, the Planning Board shall consider the positive and negative impact of the use on the following characteristics:
A.
The extent to which the use is in harmony with and promotes the general purposes and intent of the Comprehensive Plan and this chapter and its effect on the health, welfare and safety of the Town and its residents.
B.
The overall compatibility of the use with the neighborhood and the positive and negative impacts on community character, including the character of adjoining properties, districts and uses, and the positive and negative impacts on density, including the density of adjoining properties, districts and uses.
C.
The positive and negative impacts of the use on vehicular congestion and parking, including the provision of adequate parking and the absence of hazardous parking or traffic conditions, including ingress and egress.
D.
The positive and negative impacts on infrastructure and services, including utilities, public facilities and services, including the extent to which the project extends or provides infrastructure and services to areas in need of such infrastructure and services.
E.
The positive and negative impacts on environmental and natural resources, including the environmental and physical suitability of the site for development, the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare.
F.
The extent to which the use provides positive or negative effects on the long-term economic stability and community character of the Town and surrounding properties, districts and uses.
§ 210-30 Specific standards for select special uses.
A.
Kennels. Kennels shall be located on parcels of at least five acres. All dog runs or other areas in which dogs are kept must be located at least 200 feet from any property line.
B.
Adult use establishments.
(1)
Intent. In the development and execution of this chapter, it is recognized that adult use establishments, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances and in close proximity to one another, thereby having a deleterious effect upon the adjacent area. Special regulation of such uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood, thereby have a direct deleterious effect on the health, safety and general welfare of the Town and its inhabitants. The primary control or regulation is for the purpose of preventing a concentration of this use in any one area.
(2)
Location. No adult use establishment shall hereafter be located within 2,500 feet from the nearest property line of any public, private or parochial school, municipal building, library, park or playground, church, convent, monastery, synagogue or other place of worship. No adult use establishment shall hereafter be located within 2,500 feet from the nearest property line of an adult entertainment establishment. No adult use establishment shall be located within 500 feet of the boundary of any residential zoning district.
(3)
Hours of operation. No adult use establishment shall operate between the hours of 12:00 midnight and 9:00 a.m.
C.
Cannabis facilities.
(1)
Location requirements.
(a)
Fixed location. All cannabis facilities shall be operated from a fixed location and shall not be operated from a movable structure or vehicle.
(b)
Home occupation prohibited. No cannabis facility shall be permitted as a home occupation.
(2)
Security.
(a)
All cannabis facilities shall provide proper security at the premises meeting minimum standards set forth by the Office of Cannabis Management to deter and prevent illegal activities from taking place on or near the applicant's premises and avoid conduct that has an adverse effect on the health, safety and/or welfare of employees, customers, and the surrounding neighborhood.
(b)
A security plan shall be provided with the special use permit application.
(3)
Outdoor storage. No cannabis facilities shall be permitted to store products, materials, or other supplies outdoors.
(4)
Control of emissions and waste.
(a)
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids, and other substances from exiting a cannabis facility shall be provided at all times.
(b)
All special use permit applications for cannabis facilities shall provide an odor and waste control plan that provides for proper and adequate ventilation and demonstrates that any odors and waste associated with the cannabis facility shall be effectively confined to the premises and so treated to avoid any negative impacts to neighboring properties.
(c)
The facility operator shall properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state and local laws and regulations.
(5)
Signage. All signage shall comply with the MRTA, applicable regulations established by the Office of Cannabis Management, and shall obtain a sign permit in accordance with this chapter.
(6)
Cannabis cultivation, cannabis nursery and cannabis microbusiness facilities are not permitted within the Town.
§ 210-31 Expiration of approval.
Unless otherwise specified or extended by the Planning Board, decision on any request for a special use permit granted after the effective date of this chapter shall expire if the applicant fails to obtain the necessary building permit to construct any existing building(s) and begin actual construction or to comply with the conditions of said authorization within one year from the filing date of such decision thereof. Unless otherwise specified or extended by the Planning Board, all special use permits granted prior to the effective date of this chapter shall expire if the applicant fails to obtain the necessary building permit and begin actual construction or comply with the conditions of said authorization within one year from the effective date of this chapter. In the case of renewable special use permits, it is the owner's/applicant's responsibility to apply for such renewal prior to the expiration date established by the Planning Board.
§ 210-32 Revocation of permit.
A use authorized by special permit may be revoked by the Planning Board if it is found and determined that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by said permit.
§ 210-33 Enforcement.
All special use permits shall be subject to the provisions of Article XX of this chapter.