Stony Point City Zoning Code
ARTICLE XII
Conditional Use Approval by Planning Board
§ 215-73 General requirements.
The uses listed in Use Table, Column C, are conditional uses permitted only upon approval by the Planning Board in accordance with the procedures and standards herein. After approval, such uses shall be deemed permitted uses in the districts wherein located, subject to any conditions attached thereto.
§ 215-74 Applications.
Application for conditional use approval pursuant to this chapter shall be on forms prescribed by the Planning Board. Such application shall accompany the application for preliminary or final site development plan approval. The preliminary or final site development plan and conditional use application may be processed concurrently in accordance with § 215-61 et seq. Fees for conditional use application shall be in accordance with the Standard Schedule of Fees of the Town of Stony Point.[1]
§ 215-75 Timetable; public hearing.
[Amended 6-8-1999 by L.L. No. 7-1999]
Within 124 days of receipt of the application in proper form, together with the final site development plan, the Planning Board shall approve establishment of such uses upon determining compliance with conditions required by this chapter and, where appropriate, modify the nature or extent of the proposed use and development of the project to be consistent with this chapter or, on negative findings fully set forth in the record, shall deny such use. The Planning Board shall provide for public notice and hearing on any application for conditional use. Such hearing shall be scheduled within 62 days of the receipt of all required materials in proper form, and the Board shall decide the matter within 62 days after the close of the hearing. The time periods herein may be extended by mutual consent of the Board and the applicant.
§ 215-76 General procedures.
An applicant for a conditional use shall, simultaneously with the filing of such application, file an application for site development plan approval with the Planning Board Secretary, together with appropriate plans, drawings and fee for site development plan review, indicating the extent of variances required, if any. Thereafter and before any consideration or review of the application for such conditional use, the Planning Board Secretary shall refer said application to the Planning Board, which shall review the application for purposes of preliminary site development plan review and in light of the general considerations and specific standards herein. Following the granting of such conditional use, the application shall be considered by the Planning Board for final site development plan approval.
§ 215-77 Decisions.
[Amended 4-27-2021 by L.L. No. 4-2021]
A.
The Planning Board shall cause to be filed with the Town Clerk and Building Inspector the decision of the Planning Board and a copy thereof to be mailed to the applicant. Conditional use approval shall be deemed to be indefinite authorization in the following districts: BU, O, LI, LI-2, and PW, unless otherwise specified in the approval thereof, but in any other case with the exception of two-family residences shall expire within 18 months of the date of approval unless a building permit has been issued for the conditional use. Such period may be extended on separate application to the Planning Board.
B.
Approval of a conditional use located in the following districts: APRP, SR-R, RR, R-1, SRC, MHC, RW and SR, shall remain in effect for two years from the issuance of a certificate of occupancy or certificate of compliance and shall thereafter expire unless the following renewal procedure is followed:
(1)
No more than 30 days prior to the expiration of the conditional use approval, the holder shall submit an application for a certificate of compliance from the Building Inspector, who shall inspect the conditional use within 14 days to ensure compliance with the conditions of the approval. If all of the conditions of the approval have been met, the certificate of compliance shall be issued by the Building Inspector and the Building Inspector shall then extend the term of the conditional use approval for five years. After the first renewal, subsequent renewals shall be required every five years under the same procedure as the initial renewal. Applications for renewal shall be made prior to expiration and no renewal shall be made after the time of expiration has passed.
(2)
In the event the Building Inspector denies the certificate of compliance, the applicant may submit an application for renewal of the conditional use to the Planning Board pursuant to the procedures and standards of this article governing a new conditional use approval within 60 days of the notice of denial. The original conditional use approval shall expire at the time that the Planning Board renders its decision on the application for conditional use renewal. In the event the Planning Board approves the application for conditional use renewal, the renewed conditional use approval will be considered as a new conditional use and will be subject to an initial two-year term as required by § 215-77B(1). In the event the application for conditional use renewal is denied, the original conditional use approval shall expire.
(3)
If any conditional use approval expires, the holder may reapply for a new conditional use approval to the Planning Board, pursuant to the procedures and standards of this article.
§ 215-78 Appeal.
[Amended 4-27-2021 by L.L. No. 4-2021]
Any person aggrieved by any decision of the Planning Board may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules within 30 days after the filing of a decision in the office of the Town Clerk.