The Town of Wheatfield allows a variety of uses
of land, provided that such uses do not adversely affect neighboring
properties, the natural environment or the character of the Town and
its neighborhoods. Many of the uses listed in this article are, therefore,
permitted only upon issuance of a special use permit by the Planning
Board in order to ensure that these uses are appropriate to their
surroundings and satisfy performance criteria. Accessory uses or structures
used in connection with a special use permit use shall be subject
to the same special use permit approval requirements as the principal
structure or use. Special use permits are found to be necessary for
those uses which, though intended to be allowed when certain criteria
are met, are not allowed as a matter of right. It is the intent of
this article to determine whether such uses are compatible, desirable
and allowable on a case-by-case basis. Special use permits are only
allowed where the Planning Board makes findings that they meet the
criteria of this section. The burden of establishing that the criteria
set forth in this article have been met shall in all cases be on the
applicant.
The terms and conditions of any special use
permit may be amended in the same manner as required for the issuance
of a special use permit, following the criteria and procedures in
this chapter. Any enlargement, alteration or construction of any accessory
structures not previously approved shall require a special use permit
amendment.
In granting or denying special use permits,
the Planning Board shall take into consideration the purposes of this
article, the scale of the proposed project, the possible impact of
the proposed project on the nearby properties and neighborhoods, architectural
aesthetics of the area and measures that will mitigate potential adverse
impacts and preserve or enhance the character of the Town and the
welfare of its citizens. Before granting or denying a special use
permit, the Planning Board shall make specific written findings as
to whether the proposed project:
A. Will comply with all provisions and requirements of
this and other local laws and regulations and will be in harmony with
the purposes of the land use district in which it is located and with
the general intent and purposes of this article.
B. Will be detrimental to adjacent uses.
C. Will cause undue traffic congestion, unduly impair
pedestrian safety or overload existing roads considering their current
width, surfacing and condition and will have appropriate parking and
be accessible to fire, police and other emergency vehicles.
D. Will overload any public water, drainage or sewer
system or any other municipal facility or degrade any natural resource
or ecosystem.
E. Will be suitable for the property on which it is proposed,
considering the property's size, location, topography, vegetation,
soils, natural habitat and hydrology, and, if appropriate, its ability
to be buffered or screened from neighboring properties and public
roads and its existing and proposed use.
F. Will result in excessive noise, dust, odors, solid
waste or glare or create any other nuisances and will satisfy the
general land use performance standards of this chapter.
G. Will adversely affect the aesthetics of the premises
and adjacent properties and the neighborhoods.
H. Will cause the site to be unduly congested, dangerous,
unattractive to visitors or unfriendly to pedestrians.
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The Board shall further find whether the adverse
impacts of the proposed special use can be mitigated to such as extent
that the special use permit should be granted and, if so, what conditions
need be required to achieve such mitigation.
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The granting of a special use permit shall supersede
the requirements of the underlying districts in which the premises
is located including any overlay districts.
Any considerations of a special use permit application
shall be in addition to and not in lieu of site plan review. Where
appropriate, the two procedures may be conducted simultaneously and
public hearings may be held simultaneously.
[Amended 11-7-2022 by L.L. No. 3-2022]
The Planning Board shall hold a public hearing as required by Town Law § 274-b. Thereafter, the Planning Board may approve a special use permit application, may approve a special use permit application in part and disapprove in part, approve a special use permit application with conditions as set forth in its decision or may deny a special use permit application. The Planning Board may base a denial of a special use permit upon inability or failure to prevent or sufficiently mitigate adverse effects as demonstrated by the findings of the Board. Special use permits typically include conditions. In developing conditions, the Planning Board should work with the Code Enforcement Officer to ensure that any conditions to be placed on a special use permit are enforceable. In accordance with §
200-72, violations of special use permit conditions may involve returning to the Planning Board for a decision on revocation of the permit and or enforcement proceedings against that owner.
No permit shall be issued for a special use
for a property where there is an existing violation of this chapter.
[Amended 9-15-2008 by L.L. No. 8-2008]
A. Subject to all provisions, conditions, requirements
and procedures of this article and with special regard for the comfort,
safety, welfare and property rights of the residents of the neighborhood,
the Planning Board may issue a temporary special use permit for special
uses not listed elsewhere and not conforming to the provisions of
this chapter, but which, due to the limited nature of their operations,
would have no significant adverse effect on the neighborhood.
B. Permit renewal.
(1) Time limit for a temporary special use permit shall
not exceed two years.
(2) Requests for renewal shall be submitted, in writing,
to the Planning Board, accompanied by a fee as set by the Town Board.
(3) Notices of request for renewal shall be mailed to
neighboring property owners.
(4) The request shall be reviewed and an inspection made
of the property by the Planning Board or its designated agent to verify
continued compliance with the necessary criteria and conditions established
with the initial approval. The Planning Board may request a public
hearing. The Planning Board, upon a determination of compliance, may
renew the temporary special use permit for a period not to exceed
two years.
This article shall be governed by the provisions
of Town Law § 274-b, except that as to any provision of
this article which is in conflict with said law, this article shall
supersede said law pursuant to §§ 10(1)(ii)(a)(1) and
(10)(1)(ii)(d)(3) of the Municipal Home Rule Law.
Fees for special use permit applications shall
be established, from time to time, by the Town of Wheatfield Town
Board.