This Article VII sets forth supplemental regulations, procedures and conditions which shall apply to certain land use activities in the Town of Ontario that are incongruous or sufficiently different in terms of their nature, location and potential effect on the surrounding environment and the quality of the environment and that warrant special evaluation of each individual case.
No building or use permit shall be issued by
the Code Enforcement Officer for any land use or activity listed in
Schedule I as having special conditions applicable (SC) or requiring
a special permit (SP) until the Code Enforcement Officer is satisfied
that applicable regulations, as set forth in this article, have been
complied with or that a modification of such regulations has been
duly made.
[Amended 8-10-2009 by L.L. No. 2-2009; 6-11-2018 by L.L. No. 2-2018; 5-20-2019 by L.L. No. 1-2019; 11-18-2019 by L.L. No. 8-2019; 9-21-2020 by L.L. No. 5-2020]
A.
The special conditions set forth in this section shall be met, prior
to the Code Enforcement Officer issuing a building or use permit for
the applicable use, unless any such special condition shall have been
waived or modified by the reviewing agency, if such waiver is deemed
appropriate and in the best interest of the Town and if the spirit
and intent of this chapter can be maintained. Any decision to waive
or modify any special condition shall be set forth in writing, with
the reason for such modification or waiver being set forth by the
reviewing agency.
B.
The following special conditions shall apply to the following specific
uses:
(1)
Farms shall comply with the following:
(a)
No odor- or dust-producing uses, including the storage of manure,
shall take place within 150 feet from the nearest lot line, except
that it is permissible to store and use, within the above limits,
dust or spray material necessary to protect fruits, vegetables and
farm crops from disease and insects.
(b)
No hogs or chickens of any kind shall be kept except as an incidental
part of a general farm operation.
(c)
Fowl of any kind or livestock, including horses, shall only
be kept on parcels of five acres or more in area or in a building,
no part of which is closer to any property line than 150 feet.
(d)
No garbage or refuse, other than that produced on the premises,
is used for feed.
(e)
In the Rural District only, with more than five acres, the sale
of farm products produced on owner's property and related seasonal
products is permitted.
(2)
Farm markets shall comply with the following:
(a)
Any such farm market shall be located on a single tax parcel
containing not less than five acres.
(b)
The maximum building area devoted to farm market retail sales
shall not exceed 10,000 square feet. Accessory growing structures
are permitted, provided that all structures maintain a fifty-foot
setback from all property lines.
(c)
Farm market operations may be conducted 12 months per year.
(d)
Outside storage and display of produce and plant materials is
permitted on all portions of the property, with the exception of areas
where traffic sight distance will be impacted. No outside storage
and/or display of materials is permitted within a public right-of-way.
(e)
Outside storage and display shall be not less than 50 feet from
all property lines. The total square footage of all storage and display
areas shall not exceed 25% of the square footage of the principal
farm market structure.
(4)
Riding academies, commercial stables and private stables shall comply
with the following:
(a)
Any building or structure used for the lodging or feeding of
animals must be located at least 150 feet from any side and rear property
line or from any highway right-of-way line.
(b)
A private stable, riding academy or commercial stable shall comply with the provisions of § 150-42B(1) of this section.
(5)
Multiple dwellings (three units) shall have adequate off-street parking, in compliance with the provisions of § 150-47A of this chapter.
(6)
Multiple dwellings (four or more units) shall comply with the following:
(a)
Required off-street parking must be provided, in compliance with the provisions of § 150-47A of this chapter.
(b)
Where there are two or more structures containing multiple dwellings
on the same lot, there shall be provided a distance between structures
which shall not be less than 1 1/2 times the average height of
the adjoining structures.
(c)
All parking areas shall be landscaped and screened.
(7)
Townhouses or row houses shall comply with the following:
(a)
No more than six such attached dwellings shall be included in
any single building.
(b)
All parking areas shall be landscaped and screened and shall be in compliance with the provisions of § 150-47A of this chapter.
(c)
A dumpster must be provided for residential trash generated
on site, which shall be landscaped and screened from public view.
(8)
Mobile home dwellings shall comply with the following:
(a)
Such mobile home must be located in a mobile home park, as defined and regulated in this chapter. (See § 150-51.)
(b)
The Code Enforcement Officer may issue a temporary permit for
not more than one mobile home, not located in a mobile home park,
to the owner of property who first procures a permit to build upon
such property and desires to live in said mobile home during the construction
period. Such temporary permit may be revoked on 10 days' notice to
the owner of the property and may be revoked by the Inspector if construction
of the building for which the temporary permit has been issued does
not commence within three months' time or is terminated. Such mobile
home shall be immediately removed from the construction site following
the revocation of the temporary permit or issuance of a permanent
certificate of occupancy.
(10)
The conversion of an existing building into not more than three
dwelling units shall comply with the following:
(a)
The area of the lot shall be at least 70% of the minimum lot
area that would be required for new construction of the equivalent
number of dwelling units, unless otherwise approved as part of site
plan approval.
(b)
The minimum side yard requirements for the district shall be
met.
(c)
Parking requirements shall be met, and no parking space shall
be located closer than five feet to any side lot line.
(d)
Such conversion shall meet the applicable regulations of the
New York State Uniform Fire Prevention and Building Code.
(11)
State-regulated community residences shall comply with all applicable
provisions of the Mental Hygiene Law.
(12)
Day-care facilities or nursery schools shall comply with all
applicable state and local codes.
(13)
Public or parochial schools shall comply with the following:
(14)
Public parks, playgrounds, libraries, fire stations and other
municipal buildings shall be permitted when a site plan has been approved
by the Planning Board, in accordance with the regulations of the Town
of Ontario. The Town Board, by majority vote, may override any condition
set by the Planning Board.
(15)
Home occupations shall comply with the following:
(a)
Such use shall be located in an owner-occupied dwelling unit
and on the same lot. No more than 35% of such dwelling may be so used
for above occupation.
(b)
Such use shall be conducted by persons living in the dwelling
unit and not more than one additional person who does not live in
such unit.
(c)
All activity, including storage, shall be conducted entirely
within the dwelling unit or accessory building, and no special construction
or structural alteration is required.
(d)
The use shall not display or create outside the building any
evidence of the home occupation, except that one nonilluminated sign,
not more than three square feet, may be posted.
(e)
No offensive traffic, noise, odor, smoke, dust, heat, glare
or electrical disturbance shall be produced by the home occupation.
(16)
Private swimming pools shall be permitted only when in compliance
with all applicable Town regulations.
(17)
Retail stores, banks, business offices, indoor theaters and
indoor recreation facilities shall comply with the following:
(18)
Restaurants, hotels and motels shall provide that any outdoor
dining or service be located so as to not obstruct sidewalks or other
public property.
(19)
Storage structures (ministorage) shall comply with the following:
(a)
Access drives to parking and storage areas shall be a minimum
of 18 feet in width for one-way traffic, a minimum of 24 feet in width
for two-way traffic and a maximum of 30 feet in width and must be
well defined by curbs or landscaping.
(b)
No more than 50% of any required front yard area shall be paved.
Any unpaved area on the site shall be improved with trees, shrubs,
ground cover and other form of landscaping.
(20)
Convenience marts; motor vehicle service stations; commercial
garages; and car-washing establishments shall comply with the following:
(a)
No access or egress driveway shall have its center line located
less than 50 feet from the intersection of any two street right-of-way
lines.
(b)
Access drives shall be a minimum of 18 feet in width for one-way
traffic, a minimum of 24 feet in width for two-way traffic and a maximum
of 30 feet in width and must be well defined by curbs or landscaping.
(c)
Any stored liquid fuel, oil or similar substance shall be stored
in compliance with state and federal regulations.
(d)
No major repair work is conducted outside of a structure and
all automobile parts, dismantled vehicles and similar articles are
stored inside a structure.
(e)
Landscaping shall be provided adjacent to all public streets.
(21)
New and used automobile sales, service or repair; motor vehicle
service stations; outdoor facilities for the retail sale of boats,
trailers, furniture and similar goods; and indoor or outdoor sale
of building material and supplies shall comply with the following:
(a)
Access drives shall be a minimum of 18 feet in width for one-way
traffic, a minimum of 24 feet in width for two-way traffic and a maximum
of 30 feet in width and must be well defined by curbs or landscaping.
(b)
Outdoor lighting shall be located and designed so as not to
produce glare on adjacent streets and properties.
(c)
Landscaping shall be provided adjacent to all public streets.
(22)
Excavations or fills are permitted only in compliance with the provisions of Chapter 75 of this Code.
(23)
Off-street parking lots shall comply with the following:
(a)
Access drives shall be a minimum of 18 feet in width for one-way
traffic, a minimum of 24 feet in width for two-way traffic and a maximum
of 30 feet in width and must be well defined by curbs or landscaping.
(b)
A landscaped buffer strip shall be provided between such use
and any adjacent residential lot.
(24)
Newspaper vending machines shall comply with the following:
(a)
Such machine shall not be attached or secured in any way to
any pipe, pole, tree or standard owned or controlled by the state,
county or Town.
(b)
The location of such machine shall be no less than 25 feet from
the intersection of two curblines or edge-of-pavement lines.
(c)
The location of such machine shall not reduce the unobstructed
width of any sidewalk to less than 40 inches.
(25)
Private boats, recreational vehicles, travel or camp trailers
shall comply with the following:
(a)
No such boat, trailer or similar recreational equipment or recreational
vehicle shall be parked or stored out-of-doors on a lot upon which
a principal building does not exist, unless such a vehicle is stored
in excess of 200 feet from the front property line.
(b)
All boats, boat trailers, recreational trailers and recreational
vehicles shall be parked or stored in a secure manner so as to avoid
being a safety hazard.
(c)
Visiting trailers at private residences in R-1 and R-2 Districts
may obtain a permit to remain for a period of six months, as long
as the trailer sets behind the front line of the house, does not encroach
upon the side yard setback and it does not create a detriment to the
health, safety or welfare of the neighborhood or community. Visiting
trailers at private residences in SR and UR Districts may obtain a
permit for 90 days per year. The Code Enforcement Officer shall check
on those conditions at least once every 90 days. These trailers are
to be used for sleeping purposes only.
(26)
Building-integrated, roof-mounted and small scale ground-mounted
solar energy systems shall comply with the following:
(a)
Shall be designed and installed in conformance with current
International Building Code requirements, as incorporated into the
New York State Uniform Code, and manufacturer's suggestions. In case
of conflict between these sources, the International Building Code
shall control.
(b)
Roof-mounted solar energy systems:
[1]
Are permitted as an accessory use in all zoning districts when
attached to any lawfully permitted building or structure.
[2]
Shall not exceed the maximum height restrictions of the zoning
district in which they are located, including the same height exceptions
granted to building-mounted mechanical devices or equipment.
[3]
Shall incorporate the following design requirements:
[a]
Panels installed on a sloping roof facing the front
yard must be mounted at the same angle as the roof's surface, with
a maximum distance of 18 inches between the roof and the highest edge
of the system.
[b]
Panels installed on a flat or near-flat roof shall
be screened by a parapet wall or other screening materials at the
same height as the top of the panels.
[c]
All flat and near-flat roof installations shall
provide a perimeter area around the edges of the roof for emergency
access and maintenance work. Larger buildings may be required to provide
internal walkways to equipment, access hatches, stairways, ladders,
and other roof penetrations or equipment.
[d]
All solar panels shall have an antireflective coating.
(c)
Small-scale ground-mounted solar energy systems:
[1]
Shall be designed and installed in conformance with current
International Building Code requirements, as incorporated into the
New York State Uniform Code, and manufacturer's suggestions. In case
of conflict between these sources, the International Building Code
shall control.
[2]
Are limited to a maximum of 20% of lot coverage. Further, the
surface area covered by ground-mounted solar panels shall be included
in the total lot coverage allowed in the applicable zoning district.
Such area shall be based upon square feet of solar panel surfaces.
[3]
Shall have a maximum height of 10 feet.
[4]
Shall be installed in the side or rear yards, only, with a minimum
setback of 25 feet to any adjoining property lines.
[5]
All solar panels shall have an antireflective coating.
(27)
Farm labor camps shall comply with the following:
(28)
Kennels shall comply with the following:
(a)
In the R1 or R2 District, all structures, pens and exercise
runways shall be located at least 300 feet from any property line.
A minimum of five acres is required to operate a kennel.
(b)
In the BT or I District, the following shall apply:
[1]
A noise and visual barrier consisting of a suitable fence or
dense vegetative planting shall be provided, fully encircling all
kennel areas not enclosed in a building.
[2]
All animals shall be confined to an individual crate or cage
and within a building between the hours of 8:00 p.m. and 6:30 a.m.
[3]
No noticeable odors or offensive noise shall be emitted from
the site.
[4]
There shall be no incineration of waste and/or refuse on the
site.
[5]
There shall be no breeding of animals on the site.
[6]
The reviewing agency shall also consider the following:
[a]
Provisions for controlling noticeable odor and
offensive noise.
[b]
Disposal plan for animal waste.
[c]
Supervision of animals, particularly when outside
a building.
[d]
Adequacy of outdoor areas, including size, number
of areas and separation of areas with visual buffering.
[e]
Soundproofing methods for buildings.
[f]
Maximum number of animals to be maintained.
[g]
Hours of operation.
[h]
Existing or proposed natural or man-made barriers.
[i]
Other factors which the reviewing agency reasonably
determines are appropriate to prevent and/or mitigate negative effects
to adjoining properties and the neighborhood.
(29)
Multiple dwellings (four or more units) shall comply with the
following:
(a)
A landscaping and drainage plan shall be approved by the Planning
Board.
(b)
No more than 50% of any required front yard area shall be paved.
All unpaved areas on the site shall be improved with trees, shrubs,
ground cover and other forms of landscaping.
(c)
In the case of two or more structures or buildings on the same
lot containing multiple dwellings, there shall be provided a distance
between structures or buildings which shall not be less than 1 1/2
times the average height of the adjoining structures.
(30)
Churches and related uses shall comply with the following:
(a)
Such project shall be sponsored by an organization legally established
and registered in the State of New York.
(b)
Landscaping shall be provided around parking lots and adjacent
to all public streets.
(c)
The facility must be used as a church facility for religious
purposes more than 70% of the time.
(31)
Hospitals and nursing homes shall comply with the following:
(32)
Tourist, boarding or rooming houses shall comply with the following:
(a)
Any dwelling so used shall be occupied by its owner and shall
contain no more than six rooms to rent or lease for profit.
(b)
No more than 50% of any required front yard area shall be paved
or used for parking.
(c)
One sign advertising such use shall be permitted, six square
feet in area, and, if illuminated, shall not be flashing.
(33)
Bed-and-breakfast facilities shall comply with the following:
(34)
Pet shops and veterinary establishments shall comply with the
following:
(35)
Food-processing facilities; planned industrial research parks;
scientific or research laboratories; fabrication or storage of metal,
paper or wood products; general processing, assembly or packaging
of previously prepared materials; and light manufacturing shall comply
with the following:
(a)
Dust, smoke, smog, observable gas, fumes, odors or other atmospheric
pollutants shall be limited, and such emission shall be in conformity
with all government rules and regulations.
(b)
Noise, glare or vibration shall not be created.
(c)
No activity shall create a physical hazard to persons or property
by reason of fire, explosion or radiation.
(d)
There shall be no discharge of any liquid or solid waste into
any stream or body of water or into any disposal system that may contaminate
any water supply or groundwater.
(e)
All industrial processes shall take place within an enclosed
building. Incidental storage of materials out-of-doors is permitted.
(f)
The discharge of radioactive gases or liquid effluents shall
be maintained within the limits specified by the New York State Department
of Health and by the United States Atomic Energy Commission. Evidence
of such compliance shall be provided to the Town Health Officer upon
request.
(g)
There shall be no storage of material, either indoors or outdoors,
which results in the breeding of vermin or endangers health in any
way.
(h)
All such uses shall be set back from any side or rear property
line a distance adequate to enable access by firefighting equipment.
(i)
A planted and maintained buffer strip shall be provided for
a visual screen between the industrial use and abutting residential
or business districts.
(j)
All applicable requirements of the New York State Uniform Fire
Prevention and Building Code shall apply and are incorporated herein.
(36)
Vehicle body shops shall provide that areas used for the temporary
parking of vehicles awaiting repair be at least 15 feet from any property
line and shall be screened from direct public view by landscaping
or a solid fence, as approved by the reviewing agency.
(37)
Satellite dishes, short-wave antennas, ham radio towers and
television and radio antennas shall comply with the following:
(38)
Alternative energy supply systems shall comply with the following:
(a)
Alternative energy supply systems shall be appropriately screened
from adjoining properties and rights-of-way. Wind energy collectors
(including windmills and wind turbines) and solar and geothermal residential
systems in residential districts that are not physically a part of
the principal structure (such as solar panels) shall not be located
in the front yard, with the exception of solar-powered lights. The
minimum lot size required for wind energy collectors in residential
districts is five acres.
(b)
Each application for a wind energy collector shall be accompanied
by a complete plan, drawn to scale, showing the location of any tower
on the lot; the locations of all other structures, power lines or
other utility lines on the lot; dimensions and sizes of the various
structural components of the tower construction; and either a certification
by a professional engineer, or the manufacturer's certification, that
any tower was designed to withstand wind load requirements for structures
as set forth in the New York State Uniform Fire Prevention and Building
Code.
(c)
A wind energy collector shall not exceed a total height of 100
feet (including any blade in the vertical position) and shall have
a fall-zone radius of 1.5 times the proposed total height (including
the blades) that is wholly contained on the lot where it is located.
Guy wires and anchors for the tower shall not be located closer to
any lot line than five feet.
(d)
The lowest portion of any blade for a wind energy collector
may not at any time be closer than 25 feet to the ground.
(e)
Any climbing apparatus on the outside of a tower for a wind
energy collector shall be no lower than 12 feet from the ground.
(f)
No wind energy collector shall be permitted that lacks an automatic
braking, governing, or feathering system to prevent uncontrolled rotation,
over-speeding, and excessive pressure on the tower structure, blades,
and turbine components.
(39)
Campgrounds must be a minimum of five acres, except nudist campgrounds
must be a minimum of 50 acres.
(40)
Large-scale ground-mounted solar energy systems shall comply
with the following:
(a)
Shall be designed and installed in conformance with current
International Building Code requirements, as incorporated into the
New York State Uniform Code, and manufacturer's suggestions. In case
of conflict between these sources, the International Building Code
shall control.
(b)
Are limited to a maximum of 20% of lot coverage. Further, the
surface area covered by ground-mounted solar panels shall be included
in the total lot coverage allowed in the applicable zoning district.
Such area shall be based upon square feet of solar panel surfaces.
(c)
Shall have a maximum height of 10 feet.
(d)
Shall be installed in the side or rear yards, only, with a minimum
setback of 25 feet to any adjoining property lines.
(e)
All solar panels shall have an antireflective coating.
(f)
All special permit applications for a large-scale solar energy
system shall include a plan, to the satisfaction of the Planning Board,
for the removal of a decommissioned or abandoned system, including
site restoration, together with a cash deposit, letter of credit,
bond or other, similar security for such removal and site restoration.
(g)
All large-scale solar energy systems shall obtain site plan
approval from the Planning Board.
(41)
Vehicle recycling facilities shall comply with the following:
[Added 11-15-2021 by L.L. No. 4-2021]
(a)
All vehicle dismantling facilities must comply with the provisions
of New York Environmental Conservation Law Article 27, Title 23, Vehicle
Dismantling Facilities, as it may be amended from time to time. Copies
of all reports submitted by the operator to the New York Department
of Environmental Conservation must be filed with the Town of Ontario
within 10 days of submission to the Department of Environmental Conservation.
Any hazardous spill or other release shall be immediately disclosed
to the Town of Ontario.
(b)
All outside storage areas shall be fully screened from view
by adjoining properties and roads by a fence and/or vegetative barrier
approved by the Planning Board, including the screening style, design
and appearance.
(c)
All towing and impound yards, outside storage areas, customer
parking, driveways and maneuvering areas shall be hard-surfaced with
concrete, asphalt, stone or approved engineered surface.
(d)
All outside storage areas shall be located on a properly drained
site that is properly graded to ensure drainage consistent with DEC
standards and to ensure that the site remains free from stagnant pools
of water. A site drainage, stormwater and sanitary sewer plan and
grading plan, with adequate facilities to dispose of any runoff and
any contaminants, shall be approved by the Planning Board.
(e)
All vehicles stored outside shall be free of all fluids (engine
coolant, oil, transmission fluid, air-conditioning refrigerant, gasoline,
etc.) and hazardous materials and substances, such as mercury, sodium
aride, etc. A fluid drainage, hazardous material/substance removal
and disposal plan shall be provided that complies with all federal,
state and local standards and shall be approved by the Planning Board.
(f)
All removal and storage of fluids, removal and storage of any
hazardous materials and substances and/or dismantling of vehicles
shall be conducted in an enclosed structure in accordance with a formal,
written plan approved by the Planning Board.
(g)
All arriving vehicles and parts are to be stored inside an enclosed
structure or behind the visual barrier with sufficient safeguards
(i.e., video surveillance, security, or theft prevention devices)
to prevent theft prior to a vehicle being stored outside in the vehicle
storage area.
(h)
There shall be a vehicle, inventory and sales management system
to identify and locate all vehicles and parts, which shall be a nationally
recognized software or system.
(i)
The construction or operation of the vehicle recycling facility
shall not add to the contamination of the soil, alter groundwater
flow, create additional drainage runoff or alter topography in such
a way that creates hazards to the proposed site, adjoining properties,
or the Town in accordance with state and federal regulations.
(j)
Vehicle recycling facilities shall construct and maintain a
permanent primary building.
(k)
Adequate off-street customer and employee parking shall be provided
and shall be approved by the Planning Board. Customer parking must
be separate from any vehicle storage area and accessible from a public
road without being restricted with fences or gates.
(l)
A vehicle parking plan that demonstrates that vehicles awaiting
processing, stored vehicles and partial vehicles are stored in a unified,
organized manner clear of obstructions.
(m)
A minimum of a twenty-foot-wide drive accessway with a forty-four-foot-wide
outside turning radius shall be provided between every two rows of
vehicles to facilitate emergency vehicles and tow vehicles.
(n)
Vehicles shall only be stacked to the height of the visual barrier
on storage racking, or one vehicle height when stored on the ground.
(o)
An area may be designated for vehicles awaiting removal from
the premises which are crushed (flattened) vehicles or vehicles to
be crushed and may be stacked to a height no greater than the height
of the adjoining screening. The Planning Board shall approve the location
of such designated area for crushed vehicles, including the number
of vehicles which may be stacked and the overall height of such stacked
vehicles.
(p)
Vehicle recycling facilities shall not allow objectionable smoke,
noise, odors, or other adverse impacts on adjoining properties or
the Town. No burning of any waste materials is permitted unless it
is a part of an approved contained heat system specifically for reuse
of waste fluids.
(q)
All grounds and buildings shall be maintained free of insect
and rodent harborage and infestation. Vehicle recycling, towing and
impound facilities, and outside storage facilities shall be maintained
free of organic waste or inappropriately stored flammable materials.
Materials that are customary to the business shall be stored in accordance
with applicable laws. Vehicle storage must be maintained free of vegetation.
(r)
Site lighting and operational lighting shall be installed so
that it does not create traffic hazards or impacts on adjacent land
uses. A lighting plan shall be approved by the Planning Board.
Uses requiring a special permit (SP) must comply with the following general requirements and applicable special requirements as set forth in this § 150-43. Such land use or activity is not permitted by right and may be permitted only after a special permit application has been duly submitted and authorized in accordance with § 150-43A of this Article VII.
A.
Jurisdiction. An application for a special permit
shall be reviewed by the Code Enforcement Officer and may be authorized
as follows:
(1)
By the Planning Board when site plan approval is required as specified in this § 150-43. (See subdivision regulations.)
(2)
By the Zoning Board of Appeals for special permit
uses that do not require site plan approval by the Planning Board.
(3)
By the Town Board when so specified in this section.
B.
Expansion or change of existing uses. No expansion of a use that required a special permit or change to a different use that also requires a special permit shall be permitted without the issuance of a new special permit allowing such expansion and/or change of use. Plans for such expansion or enlargement shall be reviewed and authorized in accordance with the applicable provisions of this § 150-43.
C.
Revocation of special permit. A special permit may
be revoked if, after notice and public hearing, the board which granted
it determines that any special permit requirements and/or conditions
imposed upon the special permit have been violated or not fulfilled.
D.
Procedure.
(1)
Application. An application for a special permit shall be made to the Code Enforcement Officer, who shall submit such application to the agency of jurisdiction as specified in Subsection A above and shall issue no permit until authorized to do so in writing. The applicant for a special permit may be requested to furnish such plans, drawings and other descriptive material as may be needed for complete understanding of the proposed development or use.
(2)
Public hearing. A special permit application may not be approved until a public hearing on such application has been held by the reviewing agency, following the public hearing procedures set forth in § 150-69 of this chapter. Such public hearing shall be held within 62 calendar days from the receipt of an application for a special permit, and notice thereof shall be given in accordance with the provisions of § 150-69F of this chapter.
(3)
Decision.
(a)
Within 62 calendar days from the public hearing,
a decision to approve, with or without modification, or to disapprove
the special permit application shall be made by the reviewing agency.
Failure to act within such sixty-two-day period shall be tantamount
to approval and shall be authorization for the Code Enforcement Officer
to issue a permit.
(b)
The period for making a decision may be extended
by mutual consent of the applicant and the reviewing agency. Approval
of any special permit shall be conditioned on the provision of adequate
safeguards to protect the health, safety and general welfare of the
public and to mitigate possible detrimental effects on adjacent property.
(4)
Referral to County Planning Board. When required by
law, before taking final action on certain special permit applications,
such applications shall be referred to the Wayne County Planning Board
in accordance with §§ 239-l and 239-m of the General
Municipal Law.
(5)
Environmental assessment. If, in the judgment of the
reviewing agency, approval of a special permit application could result
in a significant environmental impact, no such permit shall be approved
until an environmental finding has been made pursuant to Part 617
of the regulations of the New York State Department of Environmental
Conservation.
(6)
Filing. The decision of the reviewing agency shall
thereafter be filed in the office of the Town Clerk, with a copy submitted
to the applicant and the Code Enforcement Officer.
(7)
Modification. In reviewing any application for a special permit, the reviewing agency may modify or waive any special condition required by § 150-42 of this chapter if it is deemed appropriate and in the best interest of the Town and if the spirit and intent of this chapter can be maintained. Any decision to waive or modify any such special condition requirement shall be set forth in writing, with the reason for such modification or waiver being set forth by the reviewing agency
[Amended 9-21-2020 by L.L. No. 5-2020]
(8)
Conditions. In reviewing a special permit application,
the reviewing agency may impose conditions on the approval if such
conditions are reasonable and in the best interest of the Town of
Ontario.
E.
General requirements. Before a special permit can
be approved, the reviewing agency shall determine that the following
general requirements shall be complied with as well as any other applicable
requirement for specific land uses or activities as may be set forth
in § 150-43F of this chapter.
(1)
The land use or activity is so designed, located and
proposed to be operated that the public health, safety, welfare and
convenience will be protected.
(2)
The existence of the proposed land use activity will
not cause substantial injury to the value of other property in the
neighborhood where it is to be located.
(3)
The proposed land use or activity will be reasonably
compatible with adjoining development and the implied character of
the zoning district where it is to be located.
(4)
Adequate landscaping and similar screening will be
provided.
(5)
Adequate off-street parking and loading will be provided,
and ingress and egress are so designed as to cause minimal interference
with traffic on abutting streets.
(6)
The proposed development will minimize erosion and
will not result in increased surface water runoff on abutting properties.
(7)
Existing roads and utilities serving the proposed
development shall be adequate so that provision for needed upgrading
is satisfactory.
