A. 
The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts subject the satisfaction of the requirements and standards set forth herein in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
B. 
Failure to comply with the provisions of the chapter or any other requirement imposed by the Town Board shall be cause to immediately render the special use permit invalid.
[Added 7-1-1998 by L.L. No. 1-1998]
A. 
Application for special permits shall be made to the Town Board and shall be acted on by the Town Board only after a public hearing in relation thereto. Notice of such public hearing shall be published in the official newspaper of the Town at least five days prior to the date thereof. Prior to such public hearing, the application shall be referred to the Town Planning Board for report and recommendation. In the event that the Planning Board shall fail to submit a report within 45 days after said referral, the Town Board shall hold such public hearing within 62 days from the date of application.
[Amended 7-1-1998 by L.L. No. 1-1998]
B. 
A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit, and such plan shall show the location of all streets, sidewalks, buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, water supply and sewage disposal facilities and other pertinent information that may be necessary to determine if the proposed special uses meets the requirements of this chapter.
(1) 
If the proposed site lies within an agricultural district as defined in Article 25-AA of New York’s Agriculture and Markets Law or on property located within 500 feet of any farm operation and/or farmland as those terms are defined in the Chautauqua County Right-to-Farm Law, the applicant shall submit an acknowledgement with the application, which shall state as follows:
[Added 6-2-2004 by L.L. No. 1-2004]
"I am aware that the site for which I have proposed a special use lies either within an agricultural district or within 500 feet of a farm operation and/or farmland as those terms are defined in the Chautauqua County Right-to-Farm Law. Thus, my proposed special use may be subject to inconveniences or discomforts arising from such farm operation. Such discomfort or inconveniences may include, but may not be limited to: noise, odors, fumes, dust, smoke, insects, operation of machinery (including aircraft) at any time of day or night, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil abatements, herbicides and pesticides. These inconveniences may occur as a result of agricultural practices which are in conformance with current laws, rules and regulations, and accepted customs and standards. I am prepared to accept such inconveniences or discomfort as a normal and necessary aspect of operating my special use in a town with a strong rural character and an active agricultural community."
A. 
A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more thin nine months for any reason.
B. 
Special use permits and relevant properties shall be reviewed and inspected every two years by the Code Enforcement Officer to assess whether the owner and the property are in compliance with this chapter and any conditions placed on the issuance of the special use permit. The Code Enforcement Officer shall prepare and submit a written report of his findings to the Town Board.
[Added 7-1-1998 by L.L. No. 1-1998]
[Amended 7-1-1998 by L.L. No. 1-1998; 5-5-2010 by L.L. No. 2-2010]
A. 
Standards applicable to all special uses. The Town Board shall take into account and make findings concerning the location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the proposed use, the location of the site with respect to the existing or future streets giving access to it, the nature and height of buildings, walls and fences and such other factors as the Board shall deem necessary to consider in accordance with the chapter and the Comprehensive Plan in order to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to promote health and general welfare, to provide adequate light and air, to prevent overcrowding of land, to facilitate adequate provisions for transportation, water, sewerage, schools, parks and other public requirements, to maintain the value of property in the Town and to maintain or improve the essential character of the neighborhood. Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, smoke, fumes, vibration or flashing lights than would be the operation of any specifically permitted use. The Town Board may establish conditions and restrictions upon any approved specially permitted use in order to eliminate or mitigate environmental or other negative impacts.
B. 
Standards applicable to major home occupations. The Town Board may issue a special use permit for a major home occupation when the following requirements are met:
(1) 
The proposed home occupation is incidental, secondary and/or subordinate to the use of the dwelling unit for residential purposes.
(2) 
No other major home occupation is conducted on the premises.
(3) 
The home occupation is carried on by a person or persons residing in the dwelling unit as their principal residence.
(4) 
It has no more than one employee, whether full-time or part-time and whether paid or unpaid, who is not a resident residing on the premises.
(5) 
The floor area devoted or used for a home occupation is no more than 25% of the total area of the structures on the subject property or 500 square feet, whichever is less.
(6) 
There is no exterior display or storage of goods, materials, equipment or inventory.
(7) 
Except for one permitted identification or advertising sign in accordance with § 185-43K(4)(a) hereof, there is no identification of the home occupation or advertising sign.
(8) 
There are no more than 10 visits per day from customers, clients, suppliers, or shipping services having the need to be on the premises.
(9) 
Adequate off-street parking is provided and any additional off-street parking in excess of normal residential uses does not give the property a nonresidential appearance.