Town of Lewiston, NY
Niagara County
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Table of Contents
Table of Contents
A. 
Uses that require special use permit approval have a unique character that makes their establishment as a permitted or accessory use without prior review impracticable or undesirable. This review shall be for the purpose of determining that each proposed use is, and will continue to be, compatible with surrounding existing and planned uses.
B. 
A use listed as requiring a special use permit shall not be presumed to be an allowable use. It shall be the responsibility of the petitioner for a special use permit to prove to the satisfaction of the Town that the items listed in this section and under the section of that particular special use are met. These uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered on an individual case.
C. 
Findings. No special use permit shall be issued unless the Town Board finds the use complies with the following general requirements:
(1) 
The use is designed, located and proposed to be operated so the public health, safety, welfare and convenience will be protected.
(2) 
The use will not cause substantial injury to the value of other property in the neighborhood where it is located.
(3) 
The use will be compatible with adjoining development and the character of the neighborhood where it is located.
(4) 
Adequate landscaping and screening is provided to preserve the character of the neighborhood.
(5) 
Adequate off-street parking and loading are provided and the special use will not substantially interfere with traffic on abutting streets.
A. 
Applications shall be submitted on the forms provided by the Town, and unless no site plan is required, shall be submitted simultaneously with the site plan application.
B. 
Within 31 days after receipt of the application, the Planning Board shall review the application, site plan, and supporting data, and Board shall recommend approval, approval with modifications or conditions, or disapproval of the special use permit. The Planning Board's action shall be in the form of a written recommendation of approval or disapproval of the application.
C. 
The failure of the Planning Board to act within 31 days following the conclusion of such hearing, or such longer period as may be agreed to by the applicant, shall be deemed a recommendation for the approval of the development plan as submitted.
D. 
Within 31 days following the receipt by the Town Board of the report of the Planning Board, or its failure to act as above provided, the Town Board shall conduct a public hearing. Within 62 days thereafter the Town Board shall either approve or deny the special use permit.
E. 
In granting approval, the Town Board may impose conditions as necessary to ensure the harmonious integration and compatibility of special permitted uses within neighborhoods and with surrounding areas, including a limitation on the life of the permit.
A. 
Expiration of a special use permit occurs in the following circumstance:
(1) 
Abandonment of the special use permit occurs whenever the permit has not been actively used for its intended purpose for a period of one year.
(2) 
A special use permit is terminated on the next day following the end of any period granted to correct deficiencies and/or violations of any condition attached to the granting or renewal of the permit.
(3) 
A special use permit shall be deemed to authorize only one special use and shall expire if the special permitted use fails to obtain a building permit within three months of the Town Board's approval.
(4) 
Where no structure is involved, the lot shall not have been put into use within 12 months after the date of issue of such permit, for the purpose of which such permit was granted.
(5) 
Construction and/or use of the structure for which such permit was granted shall not have actually begun within 12 months after the date of issue of such permit.
(6) 
The entire structure for which such permit was granted shall not have been completed according to filed plans within three years after the date of such permit.
(7) 
An applicant may apply for a new special use permit to replace the terminated permit. Such new permit is subject to the approval process in use at the time of application.
A. 
Inspections shall be carried out at least annually for each permitted agricultural animal permit; before renewal for all special use permits; and upon complaint by the public or Town officials where appropriate, and in accordance with applicable law.
B. 
Whenever it shall appear to the Town Board, based on investigation or complaint from the public, that a permit holder is not complying with a condition of a special use permit, the Town Board may, after holding a public hearing at which the permit holder is given an opportunity to be heard, order the revocation of the permit either immediately, or after a cure period, if the permit holder fails to cure the violation. Upon revocation of the permit, the use shall immediately cease and desist until a new special use permit is issued by the Board.
No special use permit for a bed-and-breakfast establishment or tourist home shall be authorized unless the applicant's project meets the following requirements:
A. 
The applicant shall be the owner and full-time resident of the premises, and the bed-and-breakfast or tourist home use shall be subordinate and incidental to the residential use of the structure.
B. 
All guest rooms shall be contained within the principal structure and limited to the first and second floors of said structure.
C. 
No external modifications of the structure shall be allowed in conjunction with the creation of a bed-and-breakfast or tourist home use, and no visible evidence of the conduct of the establishment other than the posting of one sign, in accordance with Article XXV, shall be present.
D. 
The architectural integrity and arrangement of interior spaces must be maintained and the number of guest rooms shall not be increased, except as required to meet health, safety and sanitation requirements.
E. 
Accommodations shall not exceed a maximum of four guest rooms.
F. 
Guest room living quarters shall not constitute a separate dwelling unit and shall not be leased or rented as such.
G. 
No cooking or cooking facilities shall be permitted in individual guest rooms.
H. 
Smoke detectors shall be installed in each guest room and in adjacent hallways and corridors. All emergency exits shall be obvious and clearly identified.
I. 
Outside activities shall not be permitted by guests where it will create a nuisance or in any way alter the character of the neighborhood.
J. 
Off-street parking for guests shall be provided. All off-street parking shall be regulated in accordance with Section § 360-200 of the Town Code. Parking areas for four or more vehicles may require adequate screening from adjacent residential uses, if deemed necessary by the Town.
K. 
The special use permit shall be issued only after a public hearing and upon the determination that the proposed use is in compliance with the conditions and limitations of this section.
L. 
The special use permit shall be valid for a period not to exceed two years and shall be renewed for a biannual fee as set by the Town Board. This permit may be revoked at any time by the Building Inspector upon noncompliance with the conditions and limitations set forth in this section or in the permit itself.
M. 
A certificate of occupancy shall be issued by the Building Inspector only after it has been determined that the structure meets the New York State Uniform Building and Fire Prevention Code, and after the special use permit has been issued by the Town Board.
No special use permit for a facility with outdoor display/storage shall be authorized unless the applicant's project meets the following requirements:
A. 
All outdoor storage, display or sales of merchandise/products must be a minimum of 50 feet from any residential use or zoning property line. This fifty-foot area must include a fence (of at least six feet in height) or another form of screening (hedge line, etc.) approved by the Planning Board.
B. 
No open storage of materials such as mulch, stone, sand, soil, fertilizers shall be allowed, unless in an area completely screened from surrounding properties. These materials can also be stored and sold in bags. The area devoted to storing these types of materials is limited to less than 10% of the site.
C. 
All outdoor use areas (storage, display, sales, etc.) must be clearly shown on approved plans, and no outdoor uses shall take place outside of these areas. These outdoor display areas shall only encompass less than 30% of the subject property.
D. 
Vehicle storage must be in an enclosed structure or screened from view from any adjacent residential properties.
No special use permit for new or used automotive sales and service facilities shall be authorized unless the applicant's project meets the following requirements:
A. 
The property has frontage along a state roadway.
B. 
The site shall not include the outdoor storage of any junk or unregistered vehicles.
C. 
The Town Building Inspector/Code Enforcement Officer shall make periodic inspections of each operating facility to ensure the proper structural maintenance of all structures and the adequate cleanup of litter and motor vehicle parts.
D. 
The size, location and materials used in the construction of off-street parking facilities shall be determined by the Planning Board based on the intensity of use of the proposed development.
E. 
Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and away from any adjoining premises.
No special use permit for commercial car washes shall be authorized unless the applicant's project meets the following requirements:
A. 
These facilities shall not be located within 200 feet of any residential structure or within 500 feet of another such facility.
B. 
Architectural features of the car wash buildings and other buildings on the property shall be in harmony with the surrounding uses.
C. 
Visibility from the road shall be minimized through proper siting, setbacks, existing topographic features, berms and landscaping features.
Gasoline stations are permitted as a special use, provided that all servicing of vehicles, except fueling and minor emergency repairs, will be conducted in an enclosed building. No special use permit for these uses shall be authorized unless the applicant's project meets the following requirements:
A. 
The Town Building Inspector/Code Enforcement Officer shall make periodic inspections of each operating facility to ensure the proper structural maintenance of all structures and the adequate cleanup of litter.
B. 
No part of any building used as a gasoline service station or public garage, and no filling pump, lift or other service appliance, shall be erected within 200 feet of any dwelling unit or within 300 feet of any school, church, playground or park.
C. 
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any filling station, gasoline service station or public garage within 20 feet of any street line.
D. 
For each gasoline pump, there shall be adequate space on the lot to accommodate a minimum of two vehicles waiting to use said pump. Space at the pump or required parking spaces may not be counted toward this requirement.
E. 
Storage of gasoline shall be in underground tanks approved by the American Insurance Association and all applicable state and federal regulations.
F. 
Any portion of the lot within 30 feet of any R District boundary may be used for landscaping or screening only.
G. 
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with a durable and permanent material (concrete, asphalt or similar materials) and shall be graded and drained so as to dispose of surface water accumulation.
H. 
Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and away from any adjoining premises.
I. 
Screening. Every automotive use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any R District, including lots situated across the street, as follows:
(1) 
Along a street line, by a planting strip of natural vegetation five feet wide; provided, however, that no shrub planting or tree foliage shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.
(2) 
Along a rear lot line or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lots, by a compact evergreen hedge which will reach a height of five feet within three years or by a solid uniformly painted fence or an unpierced masonry wall five feet in height. Such screening shall be maintained in good condition at all times.
(3) 
Plastic or other types of artificial plantings or vegetation shall be prohibited.
J. 
Access. No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines, and, except for off-street parking areas for uses permitted in any R District requiring less than 10 parking spaces, no entrance or exit shall be permitted within 20 feet of a lot in any R District. The arrangement of access shall be arranged so that vehicles shall not be required to back into a street.
K. 
No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State motor vehicle registration.
No special use permit for a child-care center or nursery school shall be authorized unless the applicant's project meets the General Provisions, above and the following:
A. 
Nursery schools or day-care centers shall not receive an occupancy permit until licensed by the State of New York.
B. 
Adequate outdoor play space shall be provided based on the number of children. There shall be a minimum of 75 square feet per child under the age of three and 100 square feet per child three years and older. No play area or equipment shall be located in a front yard.
C. 
Where a nursery school or day-care center abuts a residential property or an area zoned residential, there shall be a minimum thirty-foot buffer with adequate screening as determined by the Planning Board.
D. 
Child discharge and pickup areas shall not be in the public right-of-way.
E. 
There shall be one off-street parking space for each full-time staff person and a minimum of three spaces for parents and visitors.
No special use permit for a facility with a drive-through operation shall be authorized unless the applicant's project meets the following requirements:
A. 
Any drive-through window must be a minimum of 50 feet from any residential use or zoning property line. This fifty-foot area must include a fence (of at least six feet in height) or another form of screening (hedge line, etc.) approved by the Planning Board.
B. 
The site plan must provide sufficient space to accommodate vehicles waiting in line for the drive-through (stacking), while maintaining normal traffic circulation patterns on site. Overflow capacity must be accommodated on-site and not spill over onto public streets.
C. 
Multiple windows (e.g., for ordering, payment, and pick-up) are encouraged to limit idling.
D. 
Lighting fixtures shall be arranged and shielded so as to direct the light away from the street and away from any adjoining premises.
E. 
Speakers from the drive-through window shall not be audible from any adjacent residential use or zoning property line.
F. 
Standardized "corporate" building designs shall be discouraged.
No special use permit for a farm market or a roadside stand shall be authorized unless the applicant's project meets the following requirements:
A. 
Any structure constituting a farm market or roadside stand shall be set back a minimum of 20 feet from the public right-of-way.
B. 
Any structure constituting a farm market or roadside stand shall be located a minimum of 200 feet from any adjacent residential use or structure not located on the same parcel as the proposed use.
C. 
A minimum of five off-street parking spaces for customers shall be provided. All off-street parking shall be regulated in accordance with Section § 360-200 of the Town code.
No special use permit for a commercial recreational facility shall be authorized unless the applicant's project meets the following requirements:
A. 
Traffic access to and from the site must be designed to avoid impacts to traffic circulation on adjacent roadways.
B. 
Off-street parking is required consistent with anticipated parking demand.
C. 
Off-street parking shall be screened from adjacent residential uses through use of proper setbacks, landscaping, fencing or other appropriate techniques.
D. 
Any structure being used for commercial recreational purposes shall be a minimum of 50 feet from any adjacent residential use.
E. 
Lighting fixtures shall be arranged and shielded so as to direct the light away from the street and away from any adjoining premises.
F. 
The use must mitigate any noise so as to not be a nuisance to adjoining residential uses.
No special use permit for a kennel, small animal hospital, veterinary clinic or animal boarding facility shall be authorized unless the applicant's project meets the following requirements:
A. 
Any structure being used for to house animals shall be a minimum of 200 feet from any adjacent residential use or structure not on the same parcel as the proposed use.
B. 
All outdoor runs or outdoor yards used by animals shall be a minimum of 300 feet from any residential use or structure not located on the same parcel as the proposed use.
C. 
All outdoor runs or yards used by animals shall be completely and securely fenced with a six-foot or higher fence.
D. 
All animals must be housed indoors between the hours of 10:00 p.m. and 6:00 a.m.
No special use permit for a machine and tool sales, rental or service establishment shall be authorized unless the applicant's project meets the following requirements:
A. 
Any structure being used for such purposes shall be a minimum of 200 feet from any adjacent residential use or structure.
No special use permit for a manufacturing, processing or assembly facility shall be authorized unless the applicant's project meets the following requirements:
A. 
Any structure being used for such purposes shall be a minimum of 200 feet from any adjacent residential use or structure.
No special use permit for a multifamily residence shall be authorized unless the applicant's project meets the following requirements:
A. 
Off-street parking shall conform to the requirements in Schedule I: Off Street Parking.
B. 
Any lighting fixtures shall be arranged and shielded so as to direct the light away from the street and away from any adjoining premises.
No special use permit for a nursing home shall be authorized unless the applicant's project meets the following requirements:
A. 
There is sufficient distance from property lines to avoid adverse impacts to or conflicts with adjacent agricultural uses.
No special use permit for a college or university shall be authorized unless the applicant's project meets the following requirements:
A. 
There is sufficient distance from property lines to avoid adverse impacts to or conflicts with adjacent agricultural uses.
No special use permit for a private club or lodge shall be authorized unless the applicant's project meets the following requirements:
A. 
There is sufficient distance from property lines to avoid adverse impacts to or conflicts with adjacent agricultural uses.
No special use permit for a public riding stable shall be authorized unless the applicant's project meets the following requirements:
A. 
Any structure being used for to house animals shall be a minimum of 200 feet from any adjacent residential use or structure not on the same parcel as the proposed use.
B. 
All outdoor paddocks or yards used by animals shall be completely and securely fenced.
C. 
Parking shall be sufficient to accommodate anticipated usage.
D. 
Any lighting fixtures shall be arranged and shielded so as to direct the light away from the street and away from any adjoining premises.
No special use permit for a private stable shall be authorized unless the applicant's project meets the following requirements:
A. 
Any barn or structure housing animals shall be a minimum of 200 feet from any adjacent dwelling unit not on the same parcel as the proposed use.
B. 
All outdoor paddocks or yards used by animals shall be completely and securely fenced.
No special use permit for a waste disposal, recycling or landfill facility shall be authorized unless the applicant's project meets the requirements of Chapter 293, Solid Waste, of the Town Code.