Wappingers Falls Village
City Zoning Code
City Zoning Code
ARTICLE X
Special Use Permit
§ 151-70 General requirements.
The special uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein (in addition to all other requirements of this chapter) to mitigate land use or nuisance concerns that may arise from such uses and to ensure the proposed use is in harmony with the intent of this chapter and will not adversely affect the neighborhood. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
A special use permit application shall be initially submitted to the Code Enforcement Officer and, if deemed sufficient by the Code Enforcement Officer, transmitted to the Planning Board for a special use permit in accordance with the standards and procedures set forth in this article. No building permit or certificate of occupancy shall be issued by the Code Enforcement Officer except upon authorization of and in full conformity with plans approved and conditions imposed by the Planning Board.
In accordance with the District Schedule of Uses, certain uses requiring the issuance of a special use permit are additionally subject to site plan review and approval.
§ 151-71 General standards.
In authorizing any special permit use, the Planning Board shall take into consideration the public health, safety and general welfare, and the comfort and convenience of the public in general, and that of the immediate neighborhood in particular. The Planning Board shall also take in strict account the supplementary standards set forth in Article IX for certain uses, applicable regulations found in Articles V and VI, and the following general objectives for any use requiring authorization from the Planning Board:
The location, scale, height, and design of any new or existing building(s) to be occupied by the use, the layout of new buildings on the site, and the size of the site in relation to the use shall not change the established character of the street or neighborhood setting and shall be in harmony with the orderly development of the district in which the proposed use would be located.
The location, design and height of walls, fences, outdoor signs, and outdoor lighting; the nature and extent of screening and landscaping; and the nature and intensity of intended operations of the use shall not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof. Examples of measures of potential impacts due to the nature and intensity of operations include, but are not limited to, traffic generation, hours of operation, size and scale, noise, odor, dust, vibration, glare, smoke, environmental hazards, and other nuisances.
The use shall be carried out in a manner compatible with its environmental and historic setting and with due consideration to the protection of natural and cultural resources.
The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns that are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.
All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall comply with § 151-45 and shall include the preservation of existing trees to the extent practicable.
Entrance and exit driveways and vehicular circulation on site shall be laid out so as to achieve maximum safety and shall not adversely affect pedestrian traffic.
All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection, and sufficient water supply and appurtenances for firefighting purposes shall be provided.
Adequate water supply and sewage disposal facilities shall be provided in full accordance with the requirements of the Village of Wappingers Falls and the Dutchess County Department of Behavioral and Community Health, with sufficient engineering documentation provided to allow the Village and the County to assess the adequacy of any existing facilities which are proposed for continued or expanded use.
The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community. In evaluating cumulative impacts the Planning Board will consider the proximity of other special permit uses, particularly those similar to the use proposed.
The Planning Board shall impose additional conditions and safeguards upon the special permit as may be reasonably necessary to further the general objectives of this chapter to the maximum extent practicable, and to ensure continual conformance to all applicable standards and requirements, including reasonable assurance that these conditions and safeguards can be responsibly monitored and enforced.
§ 151-72 Specific standards.
§ 151-73 Application for special use permit.
All applications for a special use permit shall be submitted to the Planning Board, in writing, on forms prescribed by the Village, and shall be accompanied by hard copies of all required materials in a number as required by the Planning Board, together with an electronic file of all submitted materials in a format prescribed by the Village. Additional copies may be required due to review and referral requirements set forth in NYS Village Law, General Municipal Law, or Environmental Conservation Law.
In order to be considered complete, an application for special use permit shall include the following information, except as may be waived by the Planning Board on a case-by-case basis due to the minor nature of the specific request:
A written statement describing the proposed use.
A sketch plan which depicts the overall site layout and building locations, parking areas, access and egress locations, setbacks and buffer areas, lighting, landscaping, signage, and the location and extent of existing development on adjacent parcels.
Preliminary building plans and elevations illustrating proposed building construction and alteration, including an indication of exterior materials, textures and colors.
Address of the property and Tax Parcel ID number.
Name and address of the applicant and of the owner of record, if different. If the applicant is not the owner of record, a letter of authorization from the owner shall be required.
Current zoning classification(s) of the property.
A Short or Full Environmental Assessment Form as required by the Planning Board pursuant to SEQRA, Article 8 of the Environmental Conservation Law, and 6 NYCRR Part 617.
Payment of the applicable fee in accordance with the Fee Schedule established by the Village Board, and the escrow deposit in accordance with Chapter 72, Escrow Deposits, of the Village Code.
Any other information deemed helpful by the applicant or necessary by the Planning Board to explain the nature of the proposed use and its consistency with the standards established by this chapter for special permit uses.
§ 151-74 Procedures for special use permit review.
The Planning Board shall review and act on all special permit uses in accordance with the procedure specified herein:
Public hearing and notice. Within 62 days of the receipt of a complete application, the Planning Board shall hold a public hearing on the special use permit application, unless the time period is extended by mutual agreement between the applicant and the Planning Board. The Planning Board shall mail notice of the public hearing to the applicant at least 10 days before such hearing, and shall give public notice of said hearing in an official newspaper of the Village at least five days' prior to the date of the public hearing. The Village shall charge the applicant the actual cost of mailing and publishing the notice, or a reasonable fee related thereof, for satisfying this requirement.
Additionally, the Planning Board shall provide notice of the public hearing, including data regarding the substance of the application, to the applicant, who shall mail the notice to the owners of all property lying within 200 feet of the property lines of the property involved in such application at least 10 calendar days' prior to the hearing. The applicant shall provide a certificate of mailing to the Planning Board prior to the public hearing.
The names and addresses of owners notified shall be taken as such appear on the last completed tax roll of the Village.
Provided that there has been substantial compliance with this provision, the failure to give notice in exact conformance herewith shall not be deemed to invalidate an action taken by the Planning Board in either granting or denying a special use permit.
For applications that meet the criteria of § 239-nn of the General Municipal Law, the Planning Board shall give notice, either by mail or by electronic transmission, to the clerk of the adjacent municipality at least 10 days' prior to the public hearing.
Required referral. Prior to taking action on the special use permit, the Planning Board shall refer a complete special use permit application that meets the referral requirements of §§ 239-l and 239-m of the General Municipal Law to the Dutchess County Department of Planning and Development for its review and recommendation. No action shall be taken by the Planning Board on the special use permit application until a recommendation has been received from the County Planning Department or 30 days have elapsed since said Department received the complete application.
The Planning Board shall comply with the State Environmental Quality Review Act (SEQRA).
Agency and consultant review. In its review of an application for a special use permit, the Planning Board may consult with other local, county or state agencies or officials, and its designated private planning and engineering consultants and legal counsel. Reasonable costs incurred by the Planning Board for professional review or other extraordinary expense in connection with the review of a proposed special use permit shall be borne by the applicant and are in addition to any administrative fees charged by the Village, as outlined in Chapter 72, Escrow Deposits, of the Village Code.
§ 151-75 Planning Board action.
Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 62 days after the public hearing, unless such time frame is extended by mutual consent of the applicant and the Planning Board. The resolution shall clearly state the decision, including findings, and any conditions attached thereto. Within five business days of the Planning Board's action, a copy of the resolution shall be filed in the Village Clerk's office and mailed to the applicant.
The Planning Board shall not issue a special use permit unless it finds that the proposed use will satisfy the general standards set forth herein and the supplementary standards set forth for the use in Article IX.
The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to consideration of the revocation of the special use permit.
§ 151-76 Effect of special use permit approval.
In addition to compliance with all other applicable provisions of this chapter and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer.
No certificate of occupancy shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special use permit approval and other applicable requirements of this chapter.
Any use for which a special use permit may be granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.
Unless otherwise provided in this chapter, a special use permit shall run with the land and be transferred to successive property owners, provided that no changes are made to the use, it continues to comply with the conditions of the special use permit, and the permit has not expired or been revoked.
Any special use permit, if granted, shall pertain only to the specific property for which the application was made. Such granted permit does not apply to any other property the applicant may control.
§ 151-77 Expiration of approval.
A special use permit shall be deemed to authorize only the particular use or uses expressly specified in the permit and shall expire if:
The special use permit activity is not commenced and diligently pursued within one year of the date of issuance of the special use permit. Upon prior written request to the Planning Board, received prior to the expiration of the one-year period, including a statement of justification for the requested time extension, the time period for initiation of the special permit use may be extended once for a maximum period of one year from its otherwise specified termination date.
In the case where site plan review and approval or the issuance of a building permit is required, vesting of the special use permit may occur through submission within the specified time period of a complete application for either required site plan approval or the issuance of a building permit to carry out all work governed by the special use permit.
Said use ceases or is discontinued for any reason for a period of one year (12 consecutive months).
The Planning Board may impose such conditions as it deems appropriate upon the grant of any extension. The granting of an extension of time under this section shall not require a public hearing.
§ 151-78 Revocation and enforcement.
The Code Enforcement Officer may revoke a special use permit if it is found that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by said special use permit, or it violates any applicable regulations of this chapter.
§ 151-79 Integration of procedures.
Whenever a particular application or proposed development requires special use permit review and approval by the Planning Board together with site plan and/or subdivision review and approval, the Planning Board shall integrate, to the extent practicable and consistent with applicable law, all required reviews, and shall deem all such reviews part of one and the same action pursuant to the State Environmental Quality Review Act.[1]
[1]
Editor's Note: See 10 NYCRR 128-2.10.
§ 151-80 Relief from decisions.
Any person or persons jointly or severally aggrieved by any decision of the Planning Board on a special use permit application may apply to the Supreme Court of the State of New York for relief through a proceeding under Article 78 of the Civil Practice Law and Rules of the State of New York. Such proceeding shall be governed by the specific provisions of Article 78, except that the action must be initiated as therein provided within 30 calendar days after the filing of the Board's decision in the Office of the Clerk.