Yates Town City Zoning Code
ARTICLE IX
Special Use Permits and Procedures
§ 240-104 Purpose.
It is the intent of this chapter to use special use permits to control the impact of certain uses upon areas where they will be incompatible unless conditioned in a manner suitable to a particular location. Special use permits bring needed flexibility and individuality to the otherwise rigid controls of zoning regulations.
§ 240-105 Administration.
In accordance with Town Law § 274-b, the Town Planning Board will administer the review and granting of special permits.
§ 240-106 Procedure.
A.
The Code Enforcement Officer shall refer the completed special permit application to the Town Planning Board upon receiving a completed application.
(1)
If a variance would be required from the Zoning Board of Appeals in connection with the proposed use of the premises, the Code Enforcement Officer shall refer a copy of the application to the Zoning Board of Appeals. The Code Enforcement Officer shall notify the applicant of the need for such variance.
(2)
All applications shall be signed by the legal owner of the premises for which the special permit is sought.
B.
At its next regular or special meeting, the Town Planning Board shall designate a public hearing date within a reasonable period of time, not to exceed 62 days from the date the application was made.
C.
The Town Planning Board shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in the official newspaper. Notices shall be sent to adjacent property owners and/or a sign shall be placed on the premises indicating the date of the public hearing.
D.
The Notice of the public hearing shall be sent and published at least five days prior to the date of public hearing and shall include sufficient information so as to identify the property involved and the nature of the proposed action.
E.
The Town Planning Board shall make a factual record of all its proceedings involving the granting of a special permit. The decision of the Planning Board shall contain the reasons for its decision.
F.
The Town Planning Board shall render its decision, either approving, approving with conditions, or denying, within 62 days after the hearing, unless an extension is mutually agreed upon.
G.
Each application for a special permit shall be accompanied by a proposed plan showing the information required for site plan approval in Article X.
H.
Each special permit application must also receive site plan approval before the special permit may be granted.
I.
Agricultural data statement.
(1)
Any application for a special use permit that would occur on property within an agricultural district containing a farm operation or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement.
(2)
The Planning Board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed agricultural district.
(3)
Upon the receipt of such application by the Planning Board, the Clerk of such board shall send, through registered mail, written notice of such application to the owners of land as identified by the applicant in the agricultural data statement. Such notice shall include a description of the proposed project and its location. The cost of mailing said notice will be borne by the applicant.
(4)
An agricultural data statement shall include the name and address of the applicant, a description of the proposed project and its location, the agricultural district which land contains farm operations and is located within 500 feet of the boundary upon which the project is proposed; and a Tax Map or other map showing the site of the proposed project relative to the location of farm operations identified in the agricultural data statement.
J.
If any special permit issued under this chapter shall remain unexercised for a period of one year from the date of issuance such permit shall be deemed revoked and the use shall not be commenced until another new application shall have been made to the Planning Board therefore and approved. The applicant may apply to the Planning Board for an extension of up to one year.
K.
If any use permitted by a special permit shall be discontinued for a period of one year, such permit shall be deemed revoked and the use shall not be continued until another new application shall have been made to the Planning Board therefor and approved.
§ 240-107 Findings.
A.
The Town Planning Board may grant a special use permit for uses described in Article VII, provided that all requirements and conditions set forth in that article are complied with.
B.
The Planning Board shall make written findings for each special use permit decision. Findings shall state the reasoning behind, the basis for, and the evidence relied upon to reach the decision. Compliance with the requirements or Article VII shall be substantiated.
C.
The following considerations shall apply to all special use permit applications:
(1)
Ingress and egress to the property and proposed structures thereon, with particular reference to vehicular and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe.
(2)
Off-street parking and loading areas where required, and the noise, glare or odor effects of the special use permit use on adjoining properties, and properties generally in the district, and the economic impact of the proposed special permit use.
(3)
Refuse and service areas.
(4)
Utilities as appropriate, with reference to locations, availability and compatibility.
(5)
Storm drainage, including potential impact on downstream properties.
(6)
Screening and buffering, with reference to type, dimensions and character.
(7)
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district.
(8)
Required yards and other open space.
(9)
General compatibility with adjacent properties and other properties in the district.
D.
The Planning Board may impose additional conditions and requirements in order to ensure that the special use permit will be consistent with the requirements of Article VII. Such conditions and requirements shall be clearly documented in the findings and reflected on the approved site plan for the special use.
E.
The Planning Board is hereby authorized to waive any of the requirements for special permits in this section or those in Article IX (Special Use Permits and Procedures), if it finds that such requirements are not needed to protect public health, safety or general welfare, or are inappropriate to the particular special use permit.
F.
At least 10 days prior to the date of the public hearing, the Code Enforcement Officer shall, on behalf of the Planning Board, transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.
G.
Each application for a special use permit shall be accompanied by a proposed site plan showing the information required for site plan approval as described in Article X of this chapter.
H.
Public hearing.
(1)
Prior to taking action on an application for a special use permit, the Planning Board shall conduct a public hearing on the proposed request. Said hearing shall be conducted within 62 days following the receipt of a complete application and supporting documents from the Code Enforcement Officer.
(2)
The Planning Board shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in the official newspaper, one of general circulation in the Town.
(3)
The notice of the public hearing shall be sent and published at least five calendar days prior to the date of the public hearing. Such notice shall include sufficient information so as to identify the property involved and the nature of the proposed action.
I.
If the application is required to be transmitted to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Planning Board shall not act within the first 30 days following the referral of the application to the County Planning Board unless said Board provides a written reply to the Town within the thirty-day period.
J.
The Planning Board shall render its decision, either approving, approving with conditions, or denying the special use permit, within 62 days after the public hearing unless an extension is mutually agreed upon by the Planning Board and the applicant.
K.
In approving an application, the Planning Board may impose any modifications or conditions it deems necessary to conform with the goals and objectives of the Town's Comprehensive Plan and its principles of land use and development, and to protect the health, safety or general welfare of the public.
L.
If an application is approved by the Planning Board, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Planning Board and he shall issue the permit applied for in accordance with the conditions imposed by the Board.
M.
If any application is disapproved by the Planning Board, the reasons for such denial shall be set forth in the Board resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.
N.
The Code Enforcement Officer shall inspect the premises of a use authorized and approved with a special use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Planning Board in approving the permit. If the Code Enforcement Officer shall determine that the use is not being operated in compliance with the permit, the Code Enforcement Officer find the owner and operator of the use in violation of this chapter. If such violation is not corrected, in accordance with the requirements of this chapter, the Code Enforcement Officer shall initiate enforcement action. If the violation is not corrected within 90 days of the annual inspection, the Planning Board may nullify the special use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.