Walton Village City Zoning Code
ARTICLE XVII
Conditional Uses
§ 260-87 Administration.
The Village of Walton Board of Trustees is hereby authorized to review and approve, conditionally approve, or disapprove conditional uses. All requests for a conditional use shall also undergo site plan review by the Village Planning Board.
§ 260-88 Purpose.
The purpose of the conditional use procedure is to provide for certain uses that cannot be well adjusted to their environment in particular locations with full protection offered to surrounding properties by rigid application of the district regulations. These uses either have unusual character or are essential and desirable for the general convenience and welfare but, because of the nature of the use and possible impact, not only on neighboring properties but on a large section of the municipality, require the exercise of planning judgment on location and site plan. The Village Board should approve a conditional use only if it is found that the proposal meets the standards listed below. Unless otherwise specified as a condition of approval, the height limits, yard spaces, lot area and sign requirements shall be the same as for other uses in the district in which the conditional use is located.
§ 260-89 Standards.
The proposed development is compatible with nearby properties and will not discourage the appropriate development and use of adjacent properties or substantially impair their value.
Traffic generated by the proposed development can be adequately and safely served by the existing and proposed roads. Adequate off-street parking is required.
The proposed development will not adversely affect the community appearance.
The proposed development can be served by necessary community facilities and will not overtax such facilities. This includes providing adequate access for emergency vehicles as required by New York State Village Law § 7-736.
Operation of any conditional use shall not be more objectionable to nearby properties due to dust, odor, noise, fumes, vibration, excessive lighting, or water pollution than would the operation of any permitted use.
All state environmental quality review requirements have been met.
No conditional use permit shall be issued for a property where there is a violation of this Zoning chapter or other Village law or regulation.
The proposed development will conform to the provisions of the local laws of the Village, the Village Law of New York State, and all applicable rules and regulations of state and federal agencies and the current New York State Building Code.
§ 260-90 Procedure.
Upon receipt by the Board of Trustees of an application for a conditional use, it shall be immediately referred to the Planning Board for site plan review. Upon completion of the site plan review by the Planning Board, the decision shall be filed with the Village Clerk.
The Village Board shall conduct a public hearing within 62 days from the date an application is received. Public notice of said hearing shall be printed in the official newspaper at least five days before the date thereof. Notice of said hearing shall be mailed to the applicant at least 14 days prior to the hearing, and the applicant shall give notice, in writing, by certified mail, within 10 days of the public hearing, to all property owners of land adjacent to the property. Adjacent properties shall be all properties that directly abut the property on which the action for site plan review is being proposed. This includes all properties directly across a street, watercourse or right-of-way.
The Village Board shall decide upon the application within 62 days after the hearing. The time within which the Village Board must render its decision may be extended by written consent of the applicant and the Board. The decision of the Village Board on the application after the holding of a public hearing shall be filed in the office of the Village Clerk-Treasurer within five business days after such decision is rendered and a copy mailed to the applicant.
§ 260-91 Conditions.
The Village Board, in granting conditional uses, may impose such conditions, safeguards and restrictions upon the proposed development as may be deemed necessary in the public interest to secure compliance with the provisions of the Zoning chapter. Conditions may include, but are not limited to, the following:
The hours of operation.
Access to the subject property.
Protection of surface water and groundwater.
Lighting of the site, to include intensity and shield, so as not to adversely affect adjacent or nearby property owners.
Adequate sewage disposal and water supplies.
Sound limitations as needed to ensure peaceful enjoyment of neighbors.
The location, size, height, design of building(s), walls, fences, landscaping and buffer yards.
Covenants, easements and/or homeowners' association for maintenance of applicable restrictions.
Timing or phasing of the development.
Underground utilities.
Control of dust, smoke, odor and soil erosion.
Bonding as required to ensure that standards are met and plans are implemented.
§ 260-92 Period of validity.
Approval of a conditional use under this article shall be valid for a period of one year after the date of approval and thereafter shall become null and void unless construction or use is substantially under way, as determined by the Code Enforcement Official, during said one year, or unless an extension of time, not exceeding one year, is approved by the Village Board, and for good cause shown, before the expiration of said one-year period.