The purpose of this article is to set forth
regulations, procedures, and conditions that apply to certain permitted
uses which, because of size, intensity, or other special factors,
warrant special evaluation of each individual case by either the Planning
Board or the Zoning Board of Appeals.
[Amended 5-12-2014 by L.L. No. 9-2014]
Before a building permit or certificate of occupancy
or certificate of compliance can be issued for any of the structures
or activities for which either a special permit or a special approval
is required, such a permit or approval shall be obtained in accordance
with these and other applicable provisions.
The requirements set forth in this article shall
apply to all construction, activities, uses or developments that are
referred to elsewhere in this chapter as being allowed only upon receipt
of a special permit or special approval. Special permits shall be
issued by the Planning Board. Special approvals shall be issued by
the Zoning Board of Appeals. Any change of use of an existing structure
to a use that requires a special permit or special approval shall
be subject to the requirements of this article.
A.
The applicant shall have the option to make an informal
presubmission presentation to the appropriate Board at which time
special permit or special approval (hereafter collectively referred
to as "special authorization") application requirements may be reviewed.
A sketch plan or other general description should be prepared by the
applicant for use at the presubmission meeting, to indicate the general
nature of the proposal.
B.
Formal application.
(1)
Unless other requirements of this chapter govern the
applicant shall make formal application for special authorization
to the appropriate Board by submitting, at a minimum:
(a)
One completed and signed application form prescribed
by the Board hearing the matter. If a development review application
is submitted for a site plan review and special permit, no additional
application shall be required.
(b)
Applicable application.
(c)
Deposit of review fees to the extent required
by this chapter or any other Town law or resolution.
(d)
One fully completed and signed short environmental
assessment form, Part I (SEAF), or long environmental assessment form,
Part I (LEAF), whichever is required.
(e)
Such other information or documentation as may
be deemed reasonably necessary or appropriate by the reviewing staff
person or Board to adequately consider the application.
(2)
The application for special authorization shall not
be deemed complete until all of the above items are received by the
Town Planner (for special permits) or Town Building Code and Zoning
Enforcement Officer (for special approvals) and the requirements of
SEQR have been met.
C.
Upon receipt of a complete application, the appropriate
Board shall hold a public hearing in accordance with the provisions
of Town Law § 274-b or any similar or successor applicable
statutes and shall render a decision approving, approving with conditions,
or denying the special authorization. Such hearing may be combined
with any other hearing relating to the same proposal (e.g., site plan
approval and special permit hearings may be combined).
D.
In making its decision, the reviewing Board shall
have the power to impose conditions and restrictions as authorized
by § 274-b of the Town Law or any similar or successor statute.
The reviewing Board may waive one or more of
the normal application requirements when it determines that the particular
circumstances do not require all of the full application materials
for adequate consideration of the request for special authorization.
[Amended 4-9-2018 by L.L.
No. 2-2018]
The reviewing Board's determination of an application
for special authorization shall include findings consistent with any
special criteria set forth in this chapter relating to the specific
use or activity for which approval is being sought and shall also
include, as appropriate, but shall not be limited to, findings that
the following standards have been met:
A.
The project will be suitable for the property on which
it is proposed, considering the property’s size, location, and
physical site characteristics.
B.
The proposed structure design and site layout are
compatible with the surrounding area.
C.
Operations in connection with the proposed use do
not create any more noise, fumes, vibration, illumination, or other
potential nuisances than the operation of any permitted use in the
particular zone.
D.
Community infrastructure and services, such as police,
fire and other protective services, roadways, schools, and water and
sewer facilities are currently, or will be, of adequate capacity to
accommodate the proposed use.
E.
The proposed use, structure design, and site layout
comply with all the provisions of the Town Code and with the Town
of Ithaca Comprehensive Plan.
F.
The site layout, with proposed vehicular, bicycle
and pedestrian access, traffic circulation, and parking and loading
facilities, is sufficient for the proposed use and is safely designed
for emergency vehicles.
G.
The project includes sufficient landscaping and/or
other forms of buffering to protect surrounding land uses. Existing
vegetation is preserved to the extent possible.
H.
To the extent deemed relevant by the reviewing Board,
the proposed use or structure complies with all the criteria applicable
to site plan review set forth in this chapter.
A special authorization that has been issued may be modified upon the application of the owner for such modification. Such application shall be in accordance with the provisions of this article and the procedures applicable to such application shall be the same as are applicable to an initial application for a special authorization. Notwithstanding the foregoing, no approval shall be required if the change is a modification set forth in § 270-191 as not requiring approval of a modification to a site plan. The waiver of the requirement for approval of a modification to a special permit or special approval is subject to the same conditions, and subject to the same limitations as pertain to modifications to approved site plans.
Unless work has materially commenced (as defined in § 270-194C) in accordance with the special authorization within one year from the issuance of the building permit authorizing such work, or within 36 months of the date the reviewing Board approved the special authorization, whichever is earlier, not only the building permit but the special authorization shall expire and the permissible uses and construction on the property shall revert to those in effect prior to the approval of any special authorization. The reviewing Board, upon request of the applicant, after a public hearing, and upon a finding that the imposition of the time limits set forth above would create an undue hardship on the applicant, may extend the time limits for such additional periods as the reviewing Board may reasonably determine. An application for such extension may be made at the time of filing of the original application or at any time thereafter up to, but no later than, six months after the expiration of the time limits set forth above.
