§ 167-38.1. Special use permits., Article IX. Administration, Chapter 167. Zoning, Part II. General Legislation, Code of Ordinances, Malta

Each zoning district has a list of uses that require a special use permit prior to instituting the use. These uses are not exceptions to the Zoning Chapter, but instead are uses to which certain conditions may be attached. The review board, which shall be the Town of Malta Planning Board, after due public notice and hearing, can impose conditions to mitigate items that could be detrimental to the health, safety and welfare of neighbors and the community.

(Reserved)

Special uses are those uses that will have a special impact or unique form which requires a case-by-case review to determine if the proposed specific use will conform to the Town's Master Plan, as well as the vision of the neighborhood in which the use is proposed. In reaching a determination on a special use permit application, the Planning Board shall take into consideration such concerns as the specific location, design, configuration and impact to others, together with the criteria set forth below. After due public notice and hearing the Planning Board may issue a special use permit for the uses for which this chapter requires the obtaining of such permit from said Board. The Planning Board may approve a special use permit only if the proposed use:

(1)

Is listed as a permitted special use in the appropriate zoning district;

(2)

Conforms to the standards and design requirements specified in the Code and the Master Plan for that particular zone;

(3)

Will not have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding areas, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare or convenience of the public;

(4)

Will not create operations or uses that will be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination or other outward effects on others in the zone

(5)

Complies with any other requirements within the zone;

(6)

Will be in harmony and promote the general purpose and intent of the Master Plan;

(7)

Will not adversely effect the short-term and long-term cumulative impacts on the environment;

(8)

Will be able to mitigate to the satisfaction of the Board any adverse or irreversible impacts on the environment, including any growth-inducing aspects of the proposed use;

(9)

Will not adversely affect unique and irreplaceable assets or resources of the area;

(10)

Will be serviced adequately (as determined by the Board) by essential public facilities and services, including, but not limited to, highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewers, groundwater protection, schools, energy conservation, as well as any other additional services as the Board deems appropriate. In reaching these determinations, the Board shall consider:

(a)

The extent to which the use is in harmony with and promotes the general purposes and intent of the current Comprehensive (Master) Plan and this chapter and its effect on the health, welfare and safety of the Town of Malta and its residents.

(b)

That the character of the existing uses and approved future development in the district and the peculiar suitability of the neighborhood/location for the proposed special use.

(c)

That the conservation of property values and the encouragement of the most appropriate use of land are exercised.

(d)

That the proposed site provides adequate parking facilities to protect against increased congestion and parking on public streets and highways, including hazardous traffic and/or parking conditions.

(e)

That the availability of adequate and proper public or private facilities for water and for the treatment, removal or discharge of sewage, refuse, or effluent (whether liquid, solid, gaseous, or otherwise) that may be caused by or as a result of the proposed use.

(f)

Whether the use, or materials incidental thereto or produced, may give off obnoxious odors, smoke or soot or will cause disturbing emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and general welfare.

(g)

Whether operations of the special use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other government agencies.

(h)

That the proposed use will not interfere with the preservation of the general character of the neighborhood in which such building is to be placed or such use is to be conducted.

(i)

Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used thereon or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration of assemblage of persons upon such plot.

(j)

Whether the use of the structures to be used therefor will cause an overcrowding of land or undue concentration of population.

(k)

Whether the physical characteristics and topography of the proposed site make it suitable for the proposed special use.

(l)

Whether the use to be operated is in such proximity to a church, school, theater, recreational area or other place of public assembly so as to constitute a danger to the health, safety or general welfare of the people of the Town of Malta.

(m)

Whether the proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses where necessary.

The Planning Board shall set a reasonable time for the public hearing of a request for a special use permit and shall give notice in the Town's official newspaper of such hearing at least five days prior to the date of such hearing, and with respect to any applications as herein set forth, notice shall be given at least 10 days prior to such hearing by certified or registered mail to certain officials, persons and owners of properties involved in accordance with requirements of § 267 of the Town Law as follows:

(1)

Notification requirements. All owners of property which is contiguous, abutting or adjacent to or which is situated across an established road from the actual or proposed boundary lines of the property which is the subject of the application and to such other property owners as the Planning Board may direct. The applicant shall be required to determine the names and addresses of such owners, and the applicant shall thereupon advise the Building and Planning Department who shall notify such persons of the application by certified or registered mail.

(2)

Adjournment of hearing. The Planning Board may in its discretion, adjourn the hearing for a reasonable period for the purpose of causing such further notice as it deems proper to be served upon such other property owners as determined by the Planning Board.

An applicant granted a special use permit shall be given six months in which to diligently begin to put into effect the use permitted by the granted special use permit, although the Planning Board can increase this period from six months to a year at its discretion.

Every application for issuance of a special use permit shall contain a review of the possible construction design and management of all buildings constructed pursuant to the special use permit be in compliance with the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) Certification Standards. Proposals including construction of buildings designed and managed to comply with the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED) Certification Standards shall be a strong positive factor in evaluating applications for establishment of a Planned Development District or the granting of a special use permit.

[Added 7-2-2007 by L.L. No. 10-2007]

Editor's Note: This subsection was originally specified to be added as Subsection E, but was relettered to accommodate an already existing Subsection E.