Special use permits are required for any use
other than the listed permitted uses.
The necessity for certain specific uses is recognized,
at the same time appreciating the fact that they or any one of them
may be or become inimical to the public health, safety and general
welfare of the community if located without consideration to the existing
conditions and surroundings. The following standards and proceedings
are hereby established which are intended to provide the Town Board
with a guide for the purpose of reviewing certain uses not otherwise
permitted in this chapter.
A.
The uses listed may be permitted, provided that a
special use permit is obtained from the Town Board under the terms
and specifications herein.
[Amended 12-8-1998 by L.L. No. 2-1998]
B.
In addition to the specific standards set forth for
each use, the Town Board shall consider the following basic general
standards when passing on each application for special use permit:
(1)
Conformity with the Master Plan.
(2)
Conformity with existing zoning regulations.
(3)
Effect on adjacent property values.
(4)
Aesthetic impact.
(5)
Ecological impact.
(6)
Traffic and parking limitations.
(7)
Presence of odors, dust, smoke, refuse, vibration,
noise, outside lighting, safety hazards or other environmental factors
incidental to the comfort, peace, enjoyment health or safety of the
surrounding area.
(8)
Impact
on the quantity and/or quality of groundwater available to private
water supply wells and/or public water supply.
[Added 12-8-2020 by L.L. No. 4-2020]
[Amended 12-8-1998 by L.L. No. 2-1998]
The Town Board shall set the dimensional requirements
when reviewing each individual application, including but not limited
to the following:
A.
Procedure.
[Amended 8-26-2008 by L.L. No. 11-2008]
(1)
All applications for special use permits shall be
obtained from the Town Clerk. The Town Clerk shall review the requirements
in the application with the applicant.
(2)
When the application is submitted to the Town, it
will be forwarded to the Town Building Inspector. The Building Inspector
will review the contents for completeness and notify the applicant
to submit the appropriate fee to the Town Clerk. In the event the
application is not in complete form, the Building Inspector will notify
the applicant of what is required in order to properly complete the
application.
(3)
The Building Inspector will determine the officials
or boards which will be required to receive the application. This
information will then be submitted to the Town Clerk together with
the application. When the payment has been received by the Town Clerk,
the Town Clerk will distribute initial copies to the Supervisor, Board
members, Building Inspector, Town Attorney, engineers, and others
who have been designated to receive a copy of the application by the
Building Inspector.
(4)
The Town Clerk will number each of the documents and
create a document list of the application.
(5)
The Town Clerk will obtain a copy of the Tax Map and
the adjacent property owners from the Assessor's Department.
(6)
The application submitted to the Supervisor will be
placed on the agenda either at the next Town Board meeting or the
next workshop meeting. The Town Clerk will notify the applicant of
the reference to present the proposal.
(7)
The Town Board shall review the application, formally
accept it, and advise the Town Clerk to forward copies to all appropriate
agencies, including but not limited to the Planning Board and Conservation
Board.
(8)
The Town Board shall schedule a public hearing with
proper notice to be conducted on said application, but no later than
90 days after the date of filing of the application.
(9)
Upon direction of the Town Board, the Town Clerk shall
publish said notice of the public hearing, and send copies of such
notice to all adjacent property owners.
(10)
Within 45 days following the date of the public
hearing, the Town Board shall approve or disapprove the application.
(11)
If the application is approved, the Town Clerk
will be furnished with a copy of the resolution together with any
conditions, and shall issue the special use permit. The applicant
must sign the permit acknowledging an agreement to the conditions
presented. The Town Board may establish the length of time allowed
for completion of all conditions prior to the issuance of a certificate
of compliance. The Town Clerk shall provide a copy of the approval
to the Assessors.
(12)
In the event that the application is disapproved,
a letter of denial will be forwarded to the applicant along with a
copy of the appropriate minutes or other information indicating such
determination.
(13)
In the event that the special use permit entails
construction, building permits will be required prior to the initiation
of any construction.
B.
Application details.
(1)
Each application shall be accompanied by proof of
service of notice of the requested special permit upon all the landowners
immediately adjacent to the subject premises extending 500 feet therefrom
in all directions.
(2)
In the event of a protest against such special permit
signed by the owners of 20% or more of the land extending 500 feet
in all directions, the issuance of said permit shall require the affirmative
vote of at least 3/4 of the members of the Town Board.
(3)
Each application shall be accompanied by written approval
of the proposed water and sanitary facilities by the Erie County Health
Department, if such approval is applicable.
(4)
Each application for a special use permit shall be
made in triplicate and with an accompanying site plan. The materials
to be submitted with each application shall clearly show the conditions
on the site at the time of the application, the features of the site
which are to be incorporated into the proposed use or building and
the appearance and function of the proposed use or building. As a
minimum, the application shall include the following information and
plans:
(a)
The location, use, design, dimensions and height
of each structure and building, as well as the relationship of the
proposal to the topography.
(b)
The location and arrangement of vehicular accessways
and the location, size and capacity of all areas used for off-street
parking, loading and unloading.
(c)
The location and dimensions of walkways and
other areas established for pedestrian use.
(d)
The design and treatment of open areas, buffer
areas and screening devices maintained, including dimensions of all
areas devoted to lawns, trees and other landscaping devices and all
areas to remain in their natural state.
(e)
A written description and plans for water supply,
sewage disposal and storm drainage with evidence of acceptability
by the Erie County Health Department.
(f)
Such other data and plans as the Building Inspector
or the Planning Board may require to properly take action on the application.
(g)
The special use permit application fee as set
forth from time to time by resolution of the Town Board.
(5)
The Code Enforcement Officer shall inspect all properties
on or about the anniversary date of the issuance of a special use
permit to determine compliance and shall file with the Town Clerk
a report stating whether the special use permit is in full compliance
or, if not, those items of noncompliance.
[Added 8-26-2008 by L.L. No. 5-2008]
C.
Amendments to the special use permit that, in the
opinion and upon recommendation of the Code Enforcement Officer, do
not essentially change the original intent and use, may be approved
by the Town Board upon review. Changes that are deemed to significantly
change the original intent and use will require the filing of a new
or amended application.
[Added 12-8-1998 by L.L. No. 2-1998;
amended 8-26-2008 by L.L. No. 11-2008]
D.
Approval and conditions.
[Added 8-26-2008 by L.L. No. 11-2008]
(1)
In the approval and issuance of a special use permit,
the Town Board may set for a condition requiring the completion of
the application with a certificate of compliance within a period of
time to be determined by the Board. In the event that the certificate
of compliance is not issued within the predetermined time, the applicant
can request an extension to the Town Board for good cause shown.
(2)
Any special use permit which was approved prior to
this amendment will be required to obtain a certificate of compliance
as previously determined by the Town Board, or as the Town Board upon
review may so require. In the event that the certificate of compliance
is not issued within the predetermined time, the applicant can request
an extension to the Town Board for good cause shown.
