A special use permits the Albany Zoning Board to consider and, if appropriate, approve a land use that does not exactly conform to the general requirements of the City’s Zoning Code. For example, a special use permit (also known as an SUP) may be granted to permit a business to operate a drive-through window where such uses are normally not permitted.
The SUP approval process
The land owner must submit an application for an SUP that accurately describes the proposed use, the surrounding uses, any unusual natural resources, and a description of anticipated negative impacts of the SUP. The applicant must first demonstrate that the proposed special use does not conflict with any of the adjacent existing uses. If this hurdle is cleared, the applicant is very close to final approval. Any changes in the SUP after approval may be invoked by the town as grounds for revoking the SUP.
Some SUP proposals will undoubtedly infringe on the adjacent land uses. If one of those uses has special environmental or aesthetic value to the neighborhood, the residents can be expected to oppose the SUP. However, the New York courts have held that “generalized objections or concerns of neighboring community members” do not provide a lawful basis for rejecting the application. Denial of an SUP can only be based upon reasonable grounds. Reasonable grounds may include a finding that site is not appropriate for the SUP, will cause excessive harm to value of adjacent properties, or will generate excessive traffic.
The decision
The decision on the application must be made within 62 days after the close of the public hearing on the project. The final document must state the reasons for the board’s reasons for its findings. An appeal may be started by any aggrieved party within 30 days after the decision is issued.