§ 300-29. Special use permits., Article IV. Regulations Applicable To All Zoning Districts., Chapter 300. Zoning, Part II. General Legislation, Code of Ordinances, Oneonta, City

Purpose and intent. The purpose of this article is to provide greater flexibility in the placement of certain kinds of uses when, because of their unique characteristics, these uses are such that they can be compatible with and complementary to the uses now permitted in the zone, provided that appropriate safeguards are imposed. Additionally, this article intends to provide the framework for adequate review and tighter control of certain uses which have a marked effect on the surrounding area due to their unusual design, operational characteristics, or the amount of traffic they generate.

Applicability. Uses requiring a special use permit are listed in the , § 300-92, the Bulk and Use Tables, and Article II. All uses requiring a special use permit are also required to have a site plan review.

Authorization to grant or deny special uses. The special uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Planning Commission in accordance with the standards and procedures set forth in this section and such additional standards as may be set forth for such special uses elsewhere in this chapter. The zoning variance procedure before the Zoning Board of Appeals shall not be used to acquire authorization to enlarge, modify or otherwise alter a special use or to amend a special use permit. Such authorization may be granted by the Planning Commission only. In permitting a special use or the modification of a special use, the Planning Commission may impose, in addition to those standards and requirements expressly specified by the chapter, any additional conditions which the Planning Commission considers necessary to protect the best interests of the surrounding property or the City of Oneonta as a whole. These conditions include, but are not limited to, controlling the location and number of vehicle access points, limiting the number, size and location of signs, and required diking, fencing, screening, landscaping or other facilities to protect adjacent or nearby property. In the case of uses existing prior to the effective date of this chapter and classed in this chapter as special use, any change in use or in lot area or an alteration of structure shall conform with the requirements dealing with special uses. Should a zoning variance be required, however, such application shall go before the Zoning Board of Appeals.

Procedure for application and review.

(1)

Application requirements. If a use is permitted by special use permit, as set forth in this chapter, the applicant shall make a written application for a review of completeness and an approval to the Code Enforcement Officer of the City of Oneonta, at least four weeks prior to the Planning Commission meeting, on forms prescribed by the Code Enforcement Officer. At minimum, the application shall include the following:

(a)

The applicant's name, address and interest in the subject property.

(b)

The owner's name and address, if different than the applicant, and the owner's signed consent to the filing of the application.

(c)

The street address and legal description of the subject property.

(d)

An application for site plan approval, as required by Article VII. The site plan approval process can run concurrently with the special use permit process, if desired by the applicant.

(e)

A written statement addressing the standards relevant to the proposed use, as outlined in this article, and other regulations outlined in this article pertaining to specific uses, and stating specifically how the proposed special use permit relates to and meets each such standard, whether qualitative or quantitative in nature.

(f)

A map showing the property and all properties within a radius of 500 feet to the exterior boundaries thereof.

(g)

Plans and elevations necessary to show the proposed development and other drawings or information necessary to an understanding of the proposed use and its relationship to surrounding properties as required by this chapter.

(h)

Any additional information which may be required to demonstrate compliance with any additional standards imposed on the special use permit by the particular provision of this article authorizing the special use.

(2)

Fee. Every application for a special use permit shall be accompanied by a fee which shall be set by resolution from time to time by the Common Council of the City of Oneonta.

(3)

Public hearing on special use.

(a)

Before a special use is permitted, the proposed special use shall be considered by the Planning Commission at a public hearing. Notice of said hearing shall be given in accordance with provisions of law.

(b)

The City Clerk shall also, insofar as practicable, mail notices of the hearing to all property owners, as appearing on the latest tax roll of the City, within a two-hundred-foot radius, regardless of whether or not the owner resides therein, unless the City Clerk has definite knowledge of other addresses of absentee owners. Compliance with this subsection shall not be a condition precedent to proper legal notice, and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices provided for in this section.

(c)

The Planning Commission may deny, approve, or approve with conditions a special use permit. Reasonable conditions may be imposed upon approval of a special use to reduce to a minimum any detrimental effect. Such conditions are outlined in § 300-29E.

(4)

Appeal. The applicant or any persons may appeal a decision of the Planning Commission. An appeal of such decision shall be to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules.

(5)

Notification of action. The Planning Commission shall notify the applicant for a special use permit, in writing, within five days after the decision has been rendered.

General standards governing special uses. Except as may be provided elsewhere in this article, each special use permit application shall meet the following standards:

(1)

A special use shall comply with the appropriate standards of the district in which it is located as well as the provisions of Article IV, Regulations Applicable To All Zoning Districts.

(2)

In order to grant any special use, the Planning Commission shall find that the request is in harmony with the general purpose and intent of this chapter, taking into account the location and size of use, the nature and intensity of the operations involved in or conducted in connection with it and the size of the site in respect to streets giving access thereto.

(3)

In order to grant any special use, the Planning Commission shall find that the establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the area of such proposed use or be injurious to the property and improvements in the area or to the general welfare of the City.

(4)

The site plan for the property shall be approved in accordance with the provisions of Article VII of this chapter.

(5)

The proposed size, height, architectural character and placement of new or expanded structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(6)

Streets and access facilities serving the site shall be able to safely accommodate the expected traffic generated by the proposed use; the use shall not cause excessive traffic congestion or delays, obstruct access to adjacent properties, or imperil the safety of motorists, pedestrians, or bicyclists.

(7)

The proposed use shall not adversely affect the use and enjoyment of adjacent properties by generating excessive noise, vibration, light, glare, odors or any other form of pollution or nuisances.

(8)

The proposed use will be served adequately by essential services such as streets and highways, off-street and on-street parking, police and fire protection, stormwater drainage, refuse disposal, water and sewer service, and schools.

Preexisting special uses. Any use lawfully established prior to, and lawfully continuing in existence on, the date of adoption of this chapter, and which is located in a district in which the special use is permitted under the terms of this chapter, shall be deemed a conforming use without further action, application or review, unless a preexisting special use permit expires, or unless such use ceases to continue for a period of more than six consecutive months.

Discontinuance and revocation.

(1)

A special use permit shall become void five years after approval, or after such greater or lesser time as may be specified as a condition or approval, unless within that time the required building construction, alteration or enlargement is commenced.

(2)

The special use permit shall expire if an initiated special use, as approved, ceases to continue for a period of more than five years continuously.

(3)

A special use permit may be revoked by the Planning Commission. A public hearing shall be held after the permit grantee has been notified to consider whether or not the special permit grantee has violated the terms and conditions of the special use permit.