Tivoli Village City Zoning Code
ARTICLE VIII
Special Permits
§ 231-57 General provisions.
Special permit uses are uses which require special treatment and unusual consideration because they may create particular problems which directly relate to their operation. Were these activities to be permitted as a matter of right, there would be no opportunity to consider the problems associated with their use. The special permit procedure requires a public hearing and allows matters to be carefully considered. The uses requiring a special permit are identified in the Schedule of Permitted Uses. All special permit uses require site plan approval after approval of the special permit.
§ 231-58 Procedure.
[Amended 5-11-1998 by L.L. No. 1-1998; 3-19-2003 by L.L. No. 3-2003; 11-18-2009 by L.L. No. 1-2009]
A.
Application to the Zoning Enforcement Officer. As provided by § 231-55, application for a building permit shall be made to the Zoning Enforcement Officer prior to the commencement of the excavation for or the construction of any building or structure or the use of land. If, upon receipt of such application, the Zoning Enforcement Officer determines that the excavation, construction or use of land for which the application is made requires the issuance of a special permit, the ZEO shall provide the applicant with an application for a special permit. Upon receipt of the completed application, the ZEO shall, within five days of its receipt, forward the application to the Planning Board.
B.
Review by Planning Board. In reviewing the special permit application, the Planning Board shall follow the procedures as specified in Village Law § 7-725-b.
C.
Reasonable and necessary costs incurred by the Planning Board for professional review of a special permit application shall be charged to the applicant pursuant to Chapter 226 of the Tivoli Village Code.
§ 231-59 Standards.
[Amended 11-18-2009 by L.L. No. 1-2009]
Such special permits, however, may be authorized by the Planning Board only upon satisfaction of each instance of such conditions as to the following:
A.
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access shall be such that they will be in harmony with the orderly development of the district; and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings nor impair the value thereof.
B.
Operations in connection with any special permit use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operations of any permitted use.
C.
The standards established by Article IV shall be applied as they may be applicable to a specific request for a special permit.
D.
To assist the Planning Board in its determination, an application for a special permit shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
§ 231-60 Fees.
Fees shall be determined by the Village Board of Trustees.
§ 231-60.1 Referral to Dutchess County Department of Planning and Development.
[Added 11-18-2009 by L.L. No. 1-2009]
Special permit applications shall be referred to the Dutchess County Department of Planning and Development pursuant to § 239-m of the General Municipal Law for review, as required.