[Amended 5-8-2000 by L.L. No. 1-2000]
The purpose of this article is to allow uses not specified or excluded from the residential districts as set forth in Article IV, the C-1 Restricted Business District as set forth in Article VI, the C General Business District as set forth in Article VII of this chapter and any unzoned parcel of land when, after consideration of all the interests of the community and the Town as a whole, the Town Board shall determine that a special use permit authorizing the same should be issued.
Special use permits may be issued for premises located in the following districts allowing uses as hereafter set forth:
Within an A First Residential District, a special use permit may be issued allowing any use allowed in a B Second Residential District or in a C-1 Restricted Business District.
Within a B Second Residential District, a special use permit may be issued allowing any use permitted within a C-1 Restricted Business District.
Within a C-1 Restricted Business District a special use permit may be issued allowing any use permitted in a C General Business District.
Within a C General Business District, any other use.
Auxiliary housing units within single-family dwellings in an A First Residential District.
[Added 10-20-1997 by L.L. No. 4-1997]
Within an unzoned area or district, a special use permit may be issued allowing any use or special use that is allowed within any of its abutting districts, provided that the chosen abutting district is expressly authorized to allow special use permits.
[Added 5-8-2000 by L.L. No. 1-2000]
[Amended 10-4-2004 by L.L. No. 6-2004; 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
The request for a special use permit shall consist of a description of the premises for which the same is sought, a plan and concise statement of the use which is proposed and such additional information as shall be required by the Town Board. Said request shall be accompanied by a fee as established by the Town Board and shall have attached thereto a detailed site and development plan prepared as hereinafter required. The request, fee and detailed site and development plan shall be submitted to the Town Board by delivery to the Town Clerk, who shall forward the request and detailed site and development plan to the Planning Board of the Town for investigation, review, study and report and recommendation to the Town Board. Within 45 days after receipt of said information, the Planning Board shall complete its investigation, review and study and shall report and recommend appropriate action to the Town Board. Said report from the Planning Board shall be in writing and may recommend disapproval, approval or approval with modification and may recommend, in addition thereto, conditions to be imposed thereon. Upon receipt of the written report and recommendation of the Planning Board, the Town Board shall advise the petitioner of the content of the report and recommendation of the Planning Board and shall give to the petitioner an opportunity to determine whether to proceed to a public hearing as hereinafter provided. Unless the petitioner shall withdraw his request for a special use permit, the Town Board shall thereafter proceed to call a public hearing for the purpose of considering the request for a special use permit. Notwithstanding the foregoing, however, if disapproval has been recommended by the Town Planning Board, the Town Board may, without a public hearing, disapprove the requested special use permit. Notice of the time and place of the public hearing shall be given as hereinafter set forth. At such public hearing all interested persons shall have an opportunity to be heard with respect to the request for said special use permit. After the public hearing, the Town Board shall disapprove or approve or approve with modification or approve upon such conditions as it shall deem fit the request for such special use permit. Following the determination by the Town Board, the request of the petitioner and all other documents and evidence submitted in connection therewith shall be filed with the Director of Community Development, and the petitioner shall be notified of the Town Board's determination. If so determined by the Town Board, the Code Enforcement Officer shall issue a special use permit in such form as shall be prescribed by him and approved by the Town Board, and said Code Enforcement Officer shall at all times thereafter regulate and supervise the use of said premises so long as said special use permit shalt continue in effect.
Notice of the time and place of the public hearing provided for under the provisions of § 215-90 hereof shall be given by the publication of a notice in a newspaper of general circulation in the Town, at least 10 days prior to the date of such hearing, indicating the general nature of the public hearing and the fact that those persons interested therein may be heard at the time and place of such hearing.
The detailed site and development plan shall include the following information prepared by a professional, certified and/or licensed to practice in the State of New York engineer, architect, landscape architect, surveyor or attorney, as may be appropriate:
A drawing on a sheet size no larger than 24 inches by 36 inches; properly oriented, showing the North point, scale, date, name of the applicant, name of the owner and name of the person who prepared the plan.
A survey of the site of the proposed special use, including its acreage and a legal description thereof, plotted to scale.
The lines of existing streets and sidewalks immediately abutting the site, as well as the names of the owners of abutting properties.
Existing or proposed structures on the site, with any data regarding floor plans, equipment, storage or activities pertinent to the proposed use.
Any existing or proposed amenities that would give credence to the compatibility of the proposed special use of the site to the zoning district in which it is located.
A statement by the owner of the site or his representative that he approves of and is party to the proposed special use application.
Any information to show that the proposed special use and detailed site and development plan are consistent with the intent, objectives and specific requirements of this chapter and the general welfare of the Town.
Such additional information as shall be requested by the Town Board or Planning Board.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 73, Stormwater Management, of the Code of the Town of Tonawanda, if applicable. The SWPPP shall meet the performance and design criteria and standards in § 73-9 of the Code of the Town of Tonawanda. The approved final plat shall be consistent with the provisions of Chapter 73 of the Code of the Town of Tonawanda.
[Added 11-19-2007 by L.L. No. 12-2007]
Editor's Note: This local law provided that it shall be effective on the first day of January after it shall have been adopted and filed with the office of the Secretary of State. Said local law was filed 11-23-2007.
For small-scale, noncomplex projects, the Code Enforcement Officer can waive any of the foregoing requirements and permit an applicant to submit nonstamped drawings.
[Amended 2-23-2015 by L.L. No. 1-2015]
The use of the premises in question shall at all times comply with the determination of the Town Board, the special use permit, the detailed site and development plan, the request of the petitioner for the special use permit and all other documents, evidence and data submitted to the Town Board based upon which the determination and permit were made and issued.
The special use permit shall be deemed abandoned in the event that the use permitted thereby is discontinued for a period of six months or more. The special use permit shall also be deemed abandoned if the use of the premises permitted by the special use permit is not commenced within six months from the date of issuance thereof or if the construction or alteration of the premises as authorized under this article is not completed within a period of two years from the issuance of said permit.
The special use permit may be revoked by the Town Board at any time for a violation of any of the provisions of the laws, ordinances, rules and regulations applicable thereto. So long as the special use permit is in use, the Code Enforcement Officer shall have a right to inspect the premises on reasonable advance notice, and the holder of said permit and the owner and occupant of the premises for which the special use permit shall have been issued shall answer any and all reasonable questions and provide any information reasonably requested in connection with such use. In the event of a failure to allow such inspection, a failure to answer such questions or a failure to provide such information, the Town Board shall have the right to revoke said special use permit, whereupon the use of such premises shall be limited to the uses permitted within the district where located and shall be subject to all conditions applicable therein where no special use permit has been issued.
[Amended 3-26-2007 by L.L. No. 2-2007]
[Amended 8-29-2016 by L.L. No. 1-2016]
Special use permits may be transferred to a subsequent owner or occupant of the premises for which the same has been issued, provided that the subsequent owner or occupant shall continue to comply with all of the conditions and provisions applicable to the special use permit and provided further that said subsequent owner or occupant shall, prior to taking possession of such premises, give written notice to the Planning and Development Department of the Town of Tonawanda indicating the transfer of the ownership or occupancy of such premises and shall execute such forms as shall be reasonably required by said Department.
Except as otherwise specifically provided by the Town Board in its determination, the premises for which the special use permit is granted shall be subject to all restrictions and conditions applicable within the district where such premises is located.
[Added 10-20-1997 by L.L. No. 4-1997; amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
Special use permits approved by the Town Board of the Town of Tonawanda shall be renewed annually. The permit licensee shall make renewal application to the Town's Planning and Development Department.
[Added 10-20-1997 by L.L. No. 4-1997; amended 3-26-2007 by L.L. No. 2-2007; 8-29-2016 by L.L. No. 1-2016]
A reapplication for a special use permit request which has been previously denied by the Town Board of the Town of Tonawanda shall not be considered unless substantial revisions have been completed from the original application previously denied, as determined by the Town Planning Board.