The purpose of special use approval is to allow
the proper integration into the waterfront area of the Town, uses
which may be suitable only under certain conditions and at appropriate
locations. Because of their characteristics or the special characteristics
of the area in which they are to be located, these uses require special
consideration so that they may be properly located with respect to
the objectives of this chapter and the Town of Tonawanda Waterfront
Region Master Plan, and their effect on surrounding properties and
the Niagara Waterfront.
This chapter is enacted pursuant to the authority
granted to the Town Board of the Town of Tonawanda in Article 16 of
the Town Law of the State of New York and § 10 of the Municipal
Home Rule Law of the State of New York. This chapter now supersedes
and modifies § 274-b of the Town Law of the State of New
York in that the functions and duties conferred upon the Planning
Board in § 274-b of the Town Law of the State of New York
be performed by the Town Board of the Town of Tonawanda, and the Town
Board of the Town of Tonawanda shall be deemed the Planning Board
for such purposes. The special uses listed in this chapter may be
permitted, enlarged or otherwise altered upon authorization by the
Town Board in accordance with the standards and procedures set forth
in this article. In permitting a special use in the Waterfront District
or the modification of such use, the Town Board may impose those standards
and requirements expressly specified by this chapter and any additional
conditions which the Town Board considers necessary and reasonable
to serve the best interests of the surrounding property and the waterfront
area as a whole. These conditions may include, but are not limited
to, size or controlling the location and number of vehicle access
points, increasing the street width, limiting the number, size and
location of signs, limiting the hours of operation and requiring fencing,
screening and landscaping of other facilities to protect adjacent
or nearby property. In the case of a use existing prior to the effective
date of this chapter and classified in this chapter as a special use,
any change in use or in lot area or an alteration of structure shall
conform to the requirements dealing with special uses.
[Amended 3-26-2007 by L.L. No. 6-2007]
This article is applicable to the issuance of
special use permits for all uses in the Waterfront Districts which
require a special use permit.
In addition, in the case of any use located
in or directly adjacent to a residential district:
A. The location and size of such use, the nature and
intensity of operations involved in or conducted in connection therewith,
its site layout and its relation to existing streets shall be such
that both pedestrian and vehicular traffic to and from the use and
the assembly of persons in connection therewith will not be hazardous
or inconvenient to, or incongruous with said residential district
or conflict with the normal traffic of the neighborhood.
B. The location and height of buildings, the location,
nature and height of walls and fences and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the appropriate development and use of adjacent land
and buildings.
A special use in a Waterfront District shall
comply with the standards of the district in which it is located and
meet the following:
A. In order to grant any special use, the Town Board
shall find that the request is in harmony with the general purpose
and intent of this chapter, taking into account the location and size
of use, the nature and intensity of the operations involved in or
conducted in connection with the use and the size of the site with
respect to streets giving access thereto.
B. In order to grant any special use, the Town Board
shall find that the establishment, maintenance or operation of the
use applied for, under the circumstances of the particular case, will
not be detrimental to the health, safety or general welfare of persons
residing or working in the neighborhood of such proposed use or will
not be detrimental or injurious to the property and improvements in
the neighborhood or to the general welfare of the Town.
C. The proposal will not result in the destruction, loss
or damage of any natural, scenic or significant historical resource.
D. The proposal will not create excessive additional
requirements of public cost for public facilities and services and
will not be detrimental to the economic welfare of the community.
E. The proposal will be served adequately by essential
public facilities. such as highways, streets, police and fire protection,
stormwater drainage, water and sewer and schools, or that the applicant
for the proposed special use shall otherwise provide that these services
be adequately obtained.
F. The proposed structure or use will be constructed,
arranged and operated so as not to dominate the immediate vicinity
or to interfere with the development and use of neighboring property
in accordance with the applicable district regulations.
G. The proposed structure or use complies with all additional
standards imposed on it by the particular provision of this chapter
which authorizes such use.
H. The proposal essentially conforms to the Town of Tonawanda
Waterfront Region Master Plan.