Town of Lansing - Procedures | Special Use Permit Required

Special Use Permit Required

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No building permit shall be issued for any land use or activity listed in Schedule I[1] of this chapter as having special conditions applicable thereto (SC), or requiring a special use permit (SP), until the Code Enforcement Officer is satisfied that the conditions and other requirements set forth in this Article VI have been complied with or that a variance thereof has been duly granted.

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

General requirements. Authorization for any special use permit shall be obtained from the Town Board, or such other agency as may be specified in this chapter. Such authorization shall be conditioned on provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on land value and upon adjacent property. To this end, before a special use permit is authorized, the Town Board shall determine, after a duly advertised public hearing, whether the following general requirements will be complied with, as well as any other applicable requirements for certain specific land uses or activities as may be set forth in § 270-36B of this chapter. To authorize a special permit, the Town Board must find:

(1)

That the proposed land use or activity is to be located, constructed, and operated so that the public health, safety and general welfare will be protected.

(2)

That the existence of the proposed land use or activity will not cause substantial injury to the value of other property in the surrounding neighborhood.

(3)

That adequate landscaping and screening is to be provided.

(4)

That adequate off-street parking and loading is provided and the ingress and egress are so designed as to cause minimum interference with traffic on abutting roads.

(5)

That the proposed land use or activity will not result in excessive erosion and will not increase the volume or velocity of surface water runoff onto abutting properties.

(6)

That any proposed water and/or sewage disposal system is determined by appropriate jurisdictional authority to be adequate.

(7)

That vibration, glare, odor, heat or noise anticipated from the proposed use can be mitigated.

(1)

Site plan review required. The application for any use which requires a special use permit, and for which site plan review is required as specified in Schedule I,[1] shall be referred by the Code Enforcement Officer to the Planning Board for review in accordance with the provisions of § 270-27 of this chapter. A special use permit for such use shall not be authorized by the Town Board until a recommendation from the Planning Board has been made. If such Planning Board recommendation has not been made within 30 calendar days from the date of referral of the application, the Town Board may act without such recommendation.

[1]

Editor's Note: Schedule I is included as an attachment to this chapter.

Procedure for special use permit.

(1)

Application. Application for a special use permit shall be made to the Code Enforcement Officer, who shall refer it to the Planning Board for consideration. The Planning Board shall, within 30 days after receipt of a completed application and all information requested of applicant, make recommendations thereupon and refer the matter to the Town Board for final decision.

(2)

Materials to be submitted. An application for a special use permit shall be accompanied by any written and graphic material which the applicant feels will best support and illustrate the request. Additional information might be requested by the Planning Board and/or Town Board in reaching its determination. Information to be submitted for site plan review is specified in § 270-27E(2) of this chapter.

(3)

Public hearing and decision. The Town Board shall conduct a duly advertised public hearing within 62 days from the day an application is received. The Town Board shall decide upon the application within 62 days after the hearing has been closed unless the time for decision is extended by mutual consent.

(4)

Referral to County Planning Department. If applicable, the application shall be referred to the Tompkins County Planning Department in accordance with §§ 239-l, 239-m and 239-n of the General Municipal Law.

(5)

Notice to adjacent municipalities. Before taking action on certain site plan applications, the Planning Board shall provide notice to adjacent municipalities, as applicable, pursuant to General Municipal Law § 239-nn.

[Added 7-15-2020 by L.L. No. 2-2020]

(6)

SEQR. The authorized board shall comply with the provisions of SEQRA. Time periods specified in other sections of this Article VI shall be adjusted as necessary to accommodate SEQRA requirements.

Expiration. Special use permits shall expire within 12 months from the date of issuance if the proposed land use activity has not been substantially implemented, as determined by the Town Board. One or more twelve-month extensions may be granted by the Town Board if the Board finds there has been no change in the relevant conditions and circumstances.

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Town of Lansing, NY

Procedures | Special Use Permit Required