[Amended 4-16-2007 by L.L. No. 3-2007]
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.
A.
Application and materials. Application for a special
use permit shall be made to the Planning Board, on forms prescribed
by the Planning Board. The application shall be filed with the Building
Inspector and shall be reviewed by the Building Inspector for completeness
prior to filing. No application for a special use permit shall be
accepted for filing which is not complete and which does not have
all supportive documentation required by this article or which is
not accompanied by the required application fee. The application shall
include:
(1)
All documents and information required for site plan
approval.
(2)
A narrative statement addressing each of the criteria set forth in § 200-74, entitled "Findings required."
[Amended 11-7-2022 by L.L. No. 3-2022]
(3)
The name and address of the applicant, who shall be
the individual, a partner or a duly authorized corporate or LLC officer,
accompanied by proof of authorization, or a trustee, where applicable.
(4)
Whenever a premises adjoins or is in a residential
area or is within 500 feet of a residential area, a plan to eliminate
and/or mitigate to the maximum extent practicable any adverse effect
on such area.
(5)
A full identification of each variance which will
be necessary considering the underlying requirements of the zoning
district in which the property is located.
(6)
A detailed statement of ownership and agreements relating
to the premises, accompanied by:
(a)
A copy of the abstract of title;
(b)
A copy of each existing lease.
(c)
A copy of the contract of sale, option to purchase
or lease or any other document relating to ownership use and control
of the premises.
(d)
A copy of each restriction, cross-access agreement,
dual-use agreement, sublease, parking agreement for parking on or
off the premises.
(e)
All such documents shall be submitted whether
recorded or not and whether executory or not.
(f)
The consideration or purchase price may be removed
from such documents, and the name of lessees may be deleted where
necessary to protect ongoing negotiations.
(g)
A detailed description of each type of business
which will be conducted on the premises.
B.
Special application materials. In addition to the application materials listed in Subsection A above, certain special use permits will require additional materials to be submitted to allow the Planning Board to properly review the proposed use and potential impacts to the Town.
C.
Supplemental materials. At any stage of consideration,
whenever the Planning Board determines that supplemental materials,
analysis or studies are necessary to thoroughly evaluate an application,
it shall notify the applicant, which shall provide such materials,
analysis or studies in a timely manner.
D.
Joint review. If an application is for a parcel or
parcels on which more than one use requiring a special use permit
is proposed, the applicant may submit a single application for all
such uses. The Planning Board may grant the application with respect
to some proposed uses and not others.
E.
The applicant shall reimburse costs actually expended
by the Town to obtain consultants chosen by the Planning Board to
evaluate, review, supplement or redo any studies or analysis or material
required under this section, other than initial review of the application
and materials for processing purposes, provided such fees shall be
reasonable and audited by the Town Board, after preliminary audit
by the Planning Board, which shall reject any excessive or unnecessary
charges. The applicant shall be entitled to inspect all vouchers,
upon request. The fees shall be paid upon presentation to the applicant.
Further review may be suspended until payment of fees, or if a project
is approved, permits shall not be issued until payment of all such
fees.
A.
A special use permit shall expire if the special permit
use or uses cease for more than 12 consecutive months for any reason
or if the applicant fails to obtain the necessary building permit
within one year of the granting of a special use permit or fails to
comply with the conditions of the special use permit within 12 months
of its issuance or if its time limit, if any, expires without renewal.
B.
A special use permit shall apply to the use for which
it has been granted, as well as to any permit (as determined by the
Building Inspector) which does not involve any new construction, enlargement,
exterior alteration of existing structures or changed use of outdoor
areas. Any other change to a use allowed by special use permit shall
require the granting of a new special use permit or a special use
permit amendment.
C.
Upon notice and hearing by the Planning Board, a special
use permit may be revoked by the Planning Board if the permittee violates
the conditions of the special use permit and fails to terminate such
violation within 30 days of notice or engages in construction or alteration
not authorized by special use permit.
D.
Any violation of the conditions of a special use permit
shall be deemed a violation of this article and shall be subject to
enforcement action as provided herein and the New York State Town
Law.
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.
(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.
