Special permit uses are listed in the Schedules
of Use Regulations.[1] The special permit uses for which conformance to additional
standards is required by this chapter are considered 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. All such uses are declared to
possess such unique, special and individual characteristics that each
specific use shall be considered as an individual case.
[1]
Editor's Note: Said schedules are included
as attachments to this chapter.
The Planning Board shall be the approving agency
for all special permit uses, except where the Town Board is the approving
agency as noted in the Schedules of Use Regulations.[1]
[1]
Editor's Note: Said schedules are included
as attachments to this chapter.
A.
Applicants are encouraged to submit a preliminary,
informal application and to discuss it with the Board prior to formal
submission of a complete and detailed special permit application.
The informal application should include a schematic plan showing the
general layout of the property and the proposed use.
B.
At its meeting, the Board shall review the schematic
plan and may schedule a field inspection of the site. The Board shall
notify the applicant of any changes recommended prior to the preparation
of a complete site plan.
A.
Submission.
(1)
Formal application for a special permit shall be made
to the Board. Each such application shall be examined first and endorsed
for completeness by the Zoning Administrator and unless so endorsed
shall not be entertained by said Board. The formal application shall
include the following items:
(a)
A completed special permit application form,
including the name and address of the person, firm or corporation
for whom the use is intended and the name and address of the property
owner. If the applicant or owner is a firm or corporation, the full
names and residences of the organization and principals of the organization
shall be shown and the ownership interests in adjacent lands or businesses
thereon shall be disclosed.
(b)
A written statement describing the nature of
the proposed use and how it will serve to implement the purposes of
this chapter and the period of time for which the permit is requested.
(d)
Completed owner's consent affidavit.
(e)
Full environmental assessment form, except that in the case
of a special permit accessory use the approval authority may allow
the use of a short environmental assessment form.
[1]
Editor’s Note: This local law was adopted as a remedial
measure and also stated in Section 10 that any approvals issued under
L.L. No. 1-2015 after its effective date of 5-18-2015 shall be considered
valid notwithstanding the readoption of this law.
(2)
A complete special permit application, including the
information listed above, shall be submitted not less than three weeks
in advance of the Board meeting at which the special permit application
is to be officially reviewed.
B.
Referrals.
(1)
The Board may forward copies of the special permit
application to the Town Engineer, the Planning Consultant and to other
Town agencies and officials as it deems appropriate, all of whom shall
inspect the premises and report their findings to the Board, in writing,
within 30 calendar days of the date of forwarding. The Board may also
submit copies to the following agencies for information, review and
written comment regarding facilities under their jurisdiction and
to any other county, state or federal agency with jurisdiction, subject
to the time limitations above:
(2)
Where the Town Board is the approving agency, the
application for special permit approval shall be referred to the Planning
Board for its review and recommendation. Such review and recommendation
shall be rendered to the Town Board within 45 calendar days of the
date of forwarding and prior to the date of public hearing on the
application.
(3)
The Board shall refer to the Dutchess County Planning
Board for its recommendation all matters within the provisions of
Article 12B, §§ 239-l and m, of the General Municipal
Law, which include real property lying within 500 feet of the boundary
of any city, village or Town or from the boundary of any existing
or proposed county or state park or other recreation area or from
the right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road, highway or from the existing or proposed
right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines or from the
existing or proposed boundary of any county- or state-owned land on
which a public building or institution is situated or from the boundary
of a farm operation within an agricultural district, as defined by
Article 25-AA of the Agricultural and Markets Law. The Dutchess County
Planning Board shall render its decision within 30 calendar days of
referral or within an extended period if agreed upon by the Town approving
agency and County Planning Board. If the Dutchess County Planning
Board fails to report within such period of 30 days or such longer
period as has been agreed upon, the Town approving agency may act
without such report. If the Dutchess County Planning Board recommends
disapproval of the proposal or recommends modification thereof, the
Town approving agency shall not act contrary to such recommendations
except by a vote of a majority plus one of the full membership thereof
and after the adoption of a resolution fully setting forth the reasons
for such contrary action. If the Town approving agency takes contrary
action, within seven days after taking such action the Town approving
agency shall file a report of such action with the County Planning
Board.
C.
Public hearing. The Town approving agency shall hold a public hearing on the special permit within 62 calendar days of the date of receipt of a complete submission. Public notice and notice to owners of property within the area shall be the same as that required for site plan approval, as set forth in § 240-87A and B of this chapter.
[Amended 3-11-2019 by L.L. No. 2-2019; 11-13-2019 by L.L. No. 6-2019]
D.
Board decision. The Town approving agency shall approve, approve with modifications or disapprove the special permit within 62 calendar days of the close of the public hearing. Approval, approval with modifications or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in § 240-44 and Article VIII of this chapter.
E.
Site plan application. Site plan approval under Article IX of this chapter is required for all special permit uses. Insofar as practicable, special permit and site plan approval procedures shall run concurrently.
F.
Extensions of time periods. The applicant may grant
extensions of any of the above stipulated time limits; provided, however,
that any extension of time granted by the applicant to an official
or agency making a report to the Board shall equally extend any subsequent
time limit for the Board.
All special permit uses shall comply with the following standards, in addition to the site plan standards of Article IX of this chapter. The Board shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements.
A.
The location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
the size of the site in relation to it and the location of the site
with respect to streets giving access to it, are such that it will
be in harmony with the appropriate and orderly development of the
district in which it is located.
B.
The location, nature and height of buildings, walls,
fences and the nature and extent of existing or proposed plantings
on the site are such that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings.
C.
Operations in connection with any special permit use
will not be more objectionable to nearby properties by reason of noise,
fumes, vibration, illumination or other characteristics, than would
be the operations of any permitted use not requiring a special permit.
D.
Parking areas will be of adequate size for the particular
use, will be properly located and suitably screened from adjoining
residential uses and the entrance and exit drives shall be laid out
so as to achieve maximum safety.
Where special permit and site plan approvals
are required, no permit or certificate shall be issued by the Building
Inspector in connection therewith until and unless a plan has been
reviewed and approved in accordance with the procedures, standards
and requirements contained herein. All site development and use of
the property shall be fully in conformance with the approved special
permit and site plan and such additional standards and safeguards
as are imposed on such property as a condition of special permit and
site plan approvals. Continued conformance with the approved special
permit and site plan shall be required as a condition of the continuance
of the certificate of occupancy; failure to so continue conformance
shall be cause for the revocation of any such certificate of occupancy
and the immediate discontinuance of the approved use.
A.
Expiration. A special permit shall be deemed to authorize
only the particular use or uses it specified in the permit. Unless
other provisions are set forth by the Board in connection with the
issuance of the special permit or unless the permit is extended by
the Board for good reason, the permit shall expire if the applicant
has not secured site plan approval within one year from the date of
approval of the permit or if said use or uses shall cease for more
than one year for any reason or if site plan approval expires or if
all required improvements are not maintained and all conditions and
standards complied with throughout the duration of the use.
B.
Temporary permits. For a use intended to be temporary,
the Board may issue a special permit for a specific period of time.
C.
Inspection. In connection with issuance of a special
permit, the Board may establish a schedule of inspection by the Building
Inspector in order to determine continued compliance with the approval
and this chapter.
D.
Change of use. Any change in use or reduction in lot
size requires amendment to the special permit following the application
and review requirements of this chapter.
E.
Renewal. When provided for by the Board in its special
permit approval and on written application by the applicant, a special
permit may be renewed by the Zoning Administrator upon notice to the
Board which issued the special permit, provided that no such renewal
shall be made by the Zoning Administrator unless there has been substantial
compliance with all applicable codes, ordinances, regulations and
conditions of the special permit. The Zoning Administrator shall notify,
in writing, the Board which authorized issuance of the special permit
62 calendar days prior to the effective date of such renewal. No such
renewal shall be made upon written objection by a majority vote of
the Board.
No building permit shall be issued for a special
permit use where all property taxes due on the subject property have
not been paid in full. Further, where there is an existing violation
or violations of this chapter on a subject property, any building
permit issued to said property shall contain conditions requiring
the resolution of said violation(s). No certificate of occupancy shall
be issued unless all violations have been resolved to the satisfaction
of the Town.
[Amended 3-8-2004 by L.L. No. 4-2004; 1-28-2013 by L.L. No.
6-2013]
Application for a special permit shall be accompanied by a fee as set forth in Chapter 122, Article IV, § 122-16N(1.1) of the Code. The approving agency shall require the establishment of an escrow deposit in accordance with § 240-110A(3) herein to reimburse the Town for the professional review fees charged in connection with the review of the application.
