Town of Lyons, NY
Wayne County
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Table of Contents
Table of Contents
Land uses or activities requiring a special permit, as set forth in this chapter, shall be permitted only upon authorization by the Board of Appeals pursuant to review by the Planning Board, provided that such uses shall be found by the Board of Appeals to comply with the following general requirements and other applicable requirements as set forth in this chapter.
Special permitted uses, as allowed under this article, shall comply in all respects with the provisions of this article and those of Articles IV and VI.
A. 
The use should be one specifically enumerated as a special use in the district in which it is to be located.
B. 
The use shall be compatible with adjoining development, shall not cause substantial injury to the value of other property where it is to be located, shall provide adequate landscaping and screening, and shall not jeopardize the public health, safety, welfare and convenience.
C. 
The use shall provide vehicular access and off-street parking and loading so as to minimize interference with traffic on the thoroughfares and shall provide appropriate pedestrian walkways so as to ensure public safety.
In addition to the general standards prescribed for all special permits, the following specific standards shall apply to the listed uses.
A. 
Any area used for a junkyard, wrecking yard or scrap processing shall be enclosed by a substantial and solid fence at least eight feet in height, with openings only for access and egress, which shall be kept in good order and repair.
B. 
Any area used for a junkyard, wrecking yard or scrap processing shall not be located nearer than 200 feet to any residential or commercial district and shall be no nearer than 50 feet to any public highway right-of-way line.
Retail uses in Industrial Districts shall be permitted only where the applicant can prove to the Board of Appeals that such use is necessary to serve primarily industrial uses in the vicinity.
A. 
A site plan showing the following data shall be submitted upon application for a special permit to build or operate a sawmill:
(1) 
The proposed area of operation.
(2) 
The minimum distance of any sawmill and related facilities from an existing or proposed street.
(3) 
The proposed manner of operation, including the routing of traffic to and from the site.
(4) 
The hours of operation.
B. 
No sawmill shall be located any closer than 500 feet to any off-premises building used as a residence.
C. 
No sawmill shall be located within 200 feet of any public right-of-way.
D. 
No sawmill shall be located closer than 500 feet to another existing sawmill.
A. 
A site plan showing the following information shall be submitted upon application for a special permit to operate an extractive industry or commercial logging operation:
(1) 
The proposed area of operation.
(2) 
The minimum distance of any excavation, mining or logging operation from an existing or proposed street.
(3) 
Property lines.
(4) 
The proposed manner of operation, including the routing of traffic to and from the site.
(5) 
The proposed restoration or improvement of the site at the conclusion of the operation.
(6) 
The hours of operation.
B. 
The final slope of any spoil in any excavation, mining or logging operation shall not exceed the normal angle of repose of the material. Any spoil mounds or areas stripped shall be seeded or planted with vegetation to prevent erosion.
C. 
No depression, pit or mine shall be left open or below the surrounding ground level unless adequately drained and properly fenced.
D. 
The area of operation shall not occur any closer than 1,000 feet to any existing structure or building intended for residential purposes, nor within 200 feet of any public right-of-way.
E. 
Arable soil in the area of the operation shall be set aside and used in the reclamation of the site in accordance with Subsection A above.
F. 
The Board of Appeals may prescribe other reasonable measures to preserve the appearance of the area and avoid hazardous conditions.
The following shall apply to special permits for planned development groups:
A. 
Under the standard provisions of this chapter, a separate ground area must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure hereinafter set forth, two or more such structures may be erected and maintained on the same lot. Also, several lots may be combined into one plan covering a planned development group. The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to the public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
B. 
Before approval of a special permit, the Planning Board shall review the site plan and shall make findings in regard to the following:
(1) 
Traffic access. All proposed site traffic accessways are adequate, but not excessive in number, adequate in grade, width, alignment and visibility, and not located too near street corners, the entrances to schools or places of public assembly and other similar considerations.
(2) 
Circulation and parking. The interior traffic circulation system is adequate and all required parking spaces are provided and are easily accessible.
(3) 
Paving and drainage. There shall be adequate design of grades, paving, gutters, drainage and treatment of turf to handle stormwaters, prevent erosion and formation of dust.
(4) 
Disposal of usable open space. In accordance with the intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.
(5) 
Arrangement of buildings. Adequate provision has been made for light, air, access and privacy in the arrangement of buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures.
(6) 
Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffering zones may be required.
(7) 
Signs and lighting. Signs and lighting devices shall be properly arranged with respect to traffic control devices and adjacent residential areas.
A. 
The minimum lot size for multiple dwellings shall be:
(1) 
Lots not served with public sewer or water: 10,000 square feet per dwelling unit and not less than 24,000 square feet total.
(2) 
Lots served with either public sewer or public water: 5,000 square feet per dwelling unit and not less than 20,000 square feet total.
B. 
The minimum size of dwelling units, exclusive of additional building area required for common use of the tenants, such as lobbies, corridors, stairways, elevators and storage space, shall be:
(1) 
For an efficiency apartment: 550 square feet, but not more than 25% of the total dwelling units provided may be efficiency apartments.
(2) 
For a one-bedroom apartment: 675 square feet.
(3) 
For a two-bedroom apartment: 800 square feet.
(4) 
For a three-bedroom apartment: 950 square feet.
(5) 
In any dwelling unit, any room occupied for sleeping purposes by one person shall contain at least 70 square feet of floor space. Any room occupied for sleeping purposes by two persons shall contain at least 100 square feet of floor space. No more than two persons may occupy any single bedroom or sleeping area.
C. 
The maximum permitted height for multiple dwellings shall be three stories, not to exceed 40 feet.
D. 
Multiple dwellings shall have a minimum front yard setback of 70 feet and a minimum rear yard setback of 50 feet.
E. 
No exterior wall shall exceed 100 feet in length unless there is a lateral offset of at least 10 feet in its alignment.
F. 
All stairways to the second or higher floor shall be located inside the building.
G. 
Access to public streets shall be provided as follows:
(1) 
All multiple dwellings shall have direct access to a dedicated highway.
(2) 
If there are more than 12 dwelling units in a multiple dwelling or complex, direct access shall be provided to a county or state highway by a private driveway or road dedicated to the Town by the developer.
(3) 
If there are more than 50 dwelling units in an apartment complex, or if, in the opinion of the Planning Board, the location or topography of the site indicates the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.
H. 
Off-street parking shall be provided as required by this chapter, except that parking areas shall not be located within the front yard or required side yard setbacks. Parking areas which abut or face upon a residential use or residentially zoned property shall be effectively screened from view by an opaque fence or dense planting of evergreens not less than six feet in height.
I. 
The minimum distances between separate buildings in an apartment complex shall be as follows:
(1) 
Between the front of one building and the front or rear of another building: 1/2 the sum of the heights of the opposing buildings, but not less than 50 feet and not needing to exceed 80 feet.
(2) 
Between the rear of one building and the rear of another building: 4/10 of the sum of the heights of the opposing buildings, but not less than 50 feet and not needing to exceed 60 feet.
(3) 
Between the front or rear of one building and the side of another building: 1/5 of the sum of the heights of the opposing buildings, but not less than 50 feet and not needing to exceed 75 feet.
J. 
There must be an adequate supply of potable water for domestic consumption and fire-fighting purposes. If there are more than 50 dwelling units in the apartment complex, public water must be available.
K. 
If there are more than 50 dwelling units in the apartment complex, public sewers must be available. The provisions for the disposal of all sewage must be approved by the New York State Department of Health before final approval can be acquired and a permit issued.
L. 
The street systems of apartment complexes shall meet the following minimum requirements, absent control by another jurisdiction:
(1) 
Roads connecting the street system to a public highway shall have a minimum road pavement width of 34 feet where parking is permitted on both sides, and a minimum road pavement width of 27 feet where parking is limited to one side. Where an entrance road is more than 100 feet long and does not provide access to abutting buildings along such distance, the minimum road pavement width may be 20 feet, provided that parking is prohibited on both sides.
(2) 
Internal streets shall have a minimum road pavement width of 25 feet, provided that parking is limited to one side.
(3) 
Internal streets may have a minimum road pavement width of 18 feet if no parking is provided and either of the following conditions applies:
(a) 
The street is less than 500 feet long and serves fewer than 25 dwelling units.
(b) 
The street is one-way and provides access to abutting buildings on one side only.
(4) 
Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 100 feet.
(5) 
All streets shall be surfaced with a hard, smooth, dustless material, shall be durable and well-drained under normal use and weather conditions, and shall be striped to delineate parking spaces. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base.
(6) 
Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
M. 
All areas of the apartment complex shall be provided with artificial light of sufficient intensity to afford safe movement of vehicles and pedestrians at night, with special consideration given to potentially hazardous locations, such as street intersections, steps and ramps.
N. 
The entire apartment complex shall be provided with safe, convenient, concrete pedestrian walkways between individual dwelling units, streets, parking areas, buildings and facilities provided for residents. Walkways shall be a minimum of 3 1/2 feet in width and separated from the street system by at least four feet.
O. 
Trees and shrubs shall be provided along all walks and streets, where feasible, and around recreation areas. Trees shall be planted at intervals of approximately 50 feet.
P. 
The storage, collection and disposal of refuse in the apartment complex shall be conducted so as not to create health hazards, rodent harborage, insect breeding areas, fire hazards, or noxious odors. All refuse shall be stored in watertight, insect- and rodent-proof containers which shall be located not more than 150 feet from any individual dwelling unit. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. All refuse shall be collected at least weekly.
Q. 
Storage areas shall be maintained so as to prevent rodent harborage. Lumber, pipes, and other building materials shall be stored at least one foot above grade. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds, and grass shall be controlled to prevent the harborage of ticks, chiggers and other noxious insects. Apartment complexes shall be maintained to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds. Open areas shall be maintained free of heavy undergrowth of any description.
R. 
Each apartment complex shall be provided with one or more outdoor recreation areas, which shall be accessible to all residents. Outdoor recreation areas shall be a minimum of 200 square feet per dwelling unit in the complex, but not less than 5,000 square feet. Outdoor recreation areas shall be located so as to be free of traffic hazards and should, where the topography permits, be centrally located.
S. 
Apartment complexes shall be laid out and graded to provide positive drainage away from buildings, and storm sewers, culverts and related installations shall be provided where necessary.
A. 
The minimum lot area for riding academies and livery stables shall be in accordance with the following schedule:
Number of Horses
Minimum Acreage
1 or 2
3
3 to 5
5
6 to 10
1 acre per horse
More than 10
Additional 1/2 acre per additional horse
B. 
The barns, stalls, paddocks and other grounds associated with the riding academy or livery stable shall be maintained in a clean and sanitary manner so as not to create any condition or odor which would be objectionable to persons occupying neighboring properties.
A. 
No structure or area used to shelter or feed hogs, pigs, poultry or fur-bearing animals shall be located within 200 feet of any property line.
B. 
The barns, sheds, feedlots and other grounds associated with a hog, pig, poultry or fur-bearing animal farm shall be maintained in a clean and sanitary manner so as not to create any condition or odor which would be objectionable to persons occupying neighboring properties.
A. 
The construction, alteration and extension of mobile home parks shall require a building permit, and shall comply with all of the requirements of this chapter.
(1) 
All applications for permits shall contain the following:
(a) 
Name and address of applicant; if the applicant is a partnership, the names and addresses of the partners; if the applicant is a corporation, the names and addresses of the officers and directors.
(b) 
Name and address of the owner of the land.
(c) 
Location and legal description of the mobile home park.
(d) 
Two sets of engineering and/or architectural plans showing the following:
[1] 
Area and dimensions of the tract of land.
[2] 
Number, location and size of all mobile home lots.
[3] 
Location and width of roadways and parkways.
[4] 
Location of service buildings and other proposed structures.
[5] 
Location of water and sewer lines and riser pipes.
[6] 
Plans and specifications of the water supply and sewage disposal systems.
[7] 
Plans and specifications of all buildings to be constructed, altered or extended.
[8] 
Location and details of lighting and electrical systems.
(2) 
Upon review of the application, and subject to evidence that the mobile home park meets the minimum requirements of the New York State Department of Health, the Code Enforcement Officer shall issue a permit if satisfied that the proposed improvements meet the requirements of this chapter.
B. 
Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion shall be subject to unpredictable or sudden flooding or erosion.
C. 
A mobile home park shall have an area of not less than five acres; and the total number of mobile home lots shall not exceed 10 per acre.
D. 
All mobile homes shall be located at least 100 feet from any park property line abutting upon a public street or highway and at least 50 feet from other park property lines.
E. 
Mobile homes shall be separated from each other and from other buildings and structures by at least 30 feet, provided that mobile homes placed end to end may have a clearance of 20 feet where opposing rear walls are staggered.
F. 
For purposes of all separation requirements, all porches, decks and patios which are more than one foot above grade and/or have an opaque roof shall be considered a part of the mobile home if attached to or located within 10 feet of such mobile home.
G. 
There shall be a minimum distance of 15 feet between an individual mobile home and an adjoining street, parking area, walk or other common area.
H. 
In all parks accommodating or designed to accommodate five or more mobile homes, there shall be one or more outdoor recreation areas which shall be easily accessible to all park residents. The size of such recreation area shall be based upon a minimum of 200 square feet for each lot. No outdoor recreation area shall contain less than 5,000 square feet. Outdoor recreation areas shall be located so as to be free of traffic hazards and should, where topography permits, be centrally located.
I. 
The street systems of mobile home parks shall meet the following minimum requirements, absent control by another jurisdiction:
(1) 
Roads connecting the street system to a public highway shall have a minimum road pavement width of 34 feet where parking is permitted on both sides, and a minimum road pavement width of 27 feet where parking is limited to one side. Where an entrance road is more than 100 feet long and does not provide access to abutting mobile home lots along such distance, the minimum road pavement width may be 20 feet, provided that parking is prohibited on both sides.
(2) 
Internal streets shall have a minimum road pavement width of 20 feet.
(3) 
Internal streets may have a minimum road pavement width of 18 feet if no parking is provided and either of the following conditions applies:
(a) 
The street is less than 500 feet long and serves fewer than 25 mobile homes.
(b) 
The street is one-way and provides access to abutting mobile home lots on one side only.
(4) 
Dead-end streets shall be limited in length to 1,000 feet and shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 100 feet.
(5) 
All streets shall be surfaced with a hard, smooth, dustless material, shall be durable and well-drained under normal use and weather conditions, and shall be striped to delineate parking spaces. Pavement edges shall be protected to prevent raveling of the wearing surface and shifting of the pavement base.
(6) 
Within 100 feet of an intersection, streets shall be at approximately right angles. A distance of at least 150 feet shall be maintained between center lines of offset intersecting streets. Intersections of more than two streets at one point shall be avoided.
J. 
All areas of the mobile home park shall be provided with artificial light of sufficient intensity to afford safe movement of vehicles and pedestrians at night, with special consideration given to potentially hazardous locations, such as street intersections, steps and ramps.
K. 
All mobile home parks shall be provided with safe, convenient, dust-free, all-season pedestrian access between individual mobile homes, streets, parking areas, buildings and facilities provided for residents. Walkways shall be at least two feet in width and separated from the street system by at least four feet.
L. 
Trees and shrubs shall be provided along property lines, where feasible, and around recreation areas. Trees shall be planted at intervals of approximately 50 feet.
M. 
An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public supply of water of satisfactory quantity, quality and pressure is available, connection shall be made thereto and its supply used exclusively. When a satisfactory public water supply is not available, a private water supply system may be developed and used as approved by the New York State Department of Health. If public water is available, fire hydrants shall be provided in accordance with the requirements of the Fire Department.
N. 
An adequate and safe sewage disposal system shall be provided in all mobile home parks. Where a public sewer system of satisfactory capacity is available, connection shall be made thereto. When a satisfactory public sewer system is not available, a private sewage disposal system may be developed and used as approved by the New York State Department of Health.
O. 
Each mobile home lot shall be improved with a stand of concrete or compacted gravel to provide an adequate foundation for the placement and tie-down of the mobile home. At the time of installation, the mobile home shall be securely blocked, leveled, tied down and connected to required utilities. Mobile homes shall be completely skirted to provide a finished exterior appearance and no exposed wallboard, building paper, or similar unfinished material will be permitted. No travel trailer, as defined in this chapter, shall be permitted to be placed on a temporary or permanent basis in a mobile home park.
P. 
Every mobile home park shall contain an electrical distribution system installed and maintained in accordance with applicable codes and regulations governing such systems. Power lines to each mobile home shall be installed underground.
Q. 
Every mobile home park shall be provided with facilities for the safe storage and handling of necessary fuels. Natural gas, liquefied petroleum gas and fuel oil systems shall be installed and maintained in accordance with applicable codes and regulations governing such systems.
R. 
The storage, collection and disposal of refuse in the mobile home park shall be conducted so as not to create health hazards, rodent harborage, insect breeding areas, fire hazards, or noxious odors. All refuse shall be stored in watertight, insect- and rodent-proof containers which shall be located not more than 150 feet from any individual mobile home. Containers shall be provided in sufficient number and capacity to properly store all refuse. Refuse containers shall be separated from all adjoining lots or rights-of-way by a screening device not less than four feet in height, or otherwise contained within an enclosed structure, except during such times as are designated for the removal of contents. All refuse shall be collected at least weekly.
S. 
Storage areas shall be maintained so as to prevent rodent harborage. Lumber, pipes, and other building materials shall be stored at least one foot above grade. Where the potential for insect and rodent infestation exists, all exterior openings in or beneath any structure shall be appropriately screened with wire mesh or other suitable materials. The growth of brush, weeds, and grass shall be controlled to prevent the harborage of ticks, chiggers and other noxious insects. Mobile home parks shall be maintained to prevent the growth of ragweed, poison ivy, poison oak, poison sumac and other noxious weeds. Open areas shall be maintained free of heavy undergrowth of any description.
T. 
Mobile home parks shall be laid out and graded to provide positive drainage away from buildings, and storm sewers, culverts and related installations shall be provided where necessary.
U. 
Off-street parking shall be provided as required by this chapter. No off-street parking space shall be located more than 200 feet from the mobile home which it is intended to serve.
Adult uses shall be subject to the following restrictions:
A. 
No adult use shall be located within 500 feet of another adult use.
B. 
No adult use shall be located within 500 feet of the boundaries of any R-A or R-1 District.
C. 
No adult use shall be located within 500 feet of any premises used for residential purposes, exclusively or in conjunction with another use; a school; or a place of worship.
D. 
No adult use shall be located in any zoning district other than the M-1 Industrial District.
E. 
Certificate of registration required.
(1) 
In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Code Enforcement Officer containing the following information:
(a) 
The address of the premises.
(b) 
The names, addresses and phone numbers of the owners of the business and property.
(c) 
The name of the business or establishment.
(d) 
The date of the initiation of the adult use.
(e) 
The exact nature of the adult use.
(2) 
If there occurs any change in the information required for the certificate of registration, the Code Enforcement Officer shall be notified of such change, and a new or amended certificate of registration shall be filed within 30 days of such change.
(3) 
The processing fee for each such certificate of registration or amendment thereto shall be set from time to time by the Town Board by resolution.
(4) 
The owner, manager or agent of any adult use shall cause a copy of the certificate of registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.
F. 
No adult use shall be conducted in any manner that permits the observation of any sexually explicit material from any public way or from any property not registered as an adult use.
Telecommunications facilities shall be subject to the following restrictions:
A. 
No telecommunications facility shall be located in any zoning district other than the R-A Residential-Agricultural District.
B. 
At all times, shared use of existing facilities shall be preferred to construction of new facilities. An applicant for a special permit to construct a telecommunications facility shall be required to present an adequate report inventorying existing telecommunications facilities within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other existing structures as an alternative to new construction.
C. 
In the case of new telecommunications facilities, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing facilities. Copies of written requests and responses for shared use shall be provided.
D. 
The applicant must examine the feasibility of designing a proposed telecommunications facility to accommodate future demand for two additional commercial applications and shall design the facility for such shared use unless this requirement is waived by the Planning Board.
E. 
All telecommunications facilities and accessory facilities or structures shall be sited to have the least practical adverse visual effect on the environment. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with natural surroundings. Any communication tower shall remain unpainted, or be painted gray or an appropriate color to harmonize with the surroundings. Towers shall not be artificially lighted or marked except as otherwise required by law.
F. 
Existing on-site vegetation shall be preserved to the maximum extent practicable. Reasonable landscaping consisting of trees, shrubs and plantings shall be utilized to effectively screen the base of any tower and accessory facilities from adjacent properties.
G. 
Communications towers shall comply with all existing setback requirements of the applicable zoning district, or such setbacks shall be equal to 1/2 the height of the tower, whichever is greater.
H. 
Telecommunications facilities shall be located, fenced or otherwise secured in a manner which prevents unauthorized access by the general public.
Individual multiwide mobile homes shall be permitted to be placed on a lot in the R-1 District, for use as a single-family dwelling, upon issuance of a special permit by the Zoning Board of Appeals, and provided that they comply with the following:
A. 
The home shall have a minimum of 1,000 square feet of floor area, exclusive of site-built additions.
B. 
The least dimension of the home shall be not less than 1/3 of its greatest dimension.
C. 
The home shall have a minimum 4/12 roof pitch.
D. 
Masonry skirting (with a minimum thickness of six inches) shall be installed to enclose the underside of the home and provide a finished exterior appearance.
E. 
If not provided with a basement, an enclosed storage building of not less than 100 square feet shall be provided on the same lot for storage purposes.
A. 
The minimum size of any large-scale cattle or dairy farm shall be 1 acre per head of cattle, dairy cows, and calves.
B. 
The minimum size of a large-scale cattle or dairy farm may be permitted to be reduced, provided that the owner submits to the Zoning Board an Agricultural Environmental Management (AEM) Plan. As a condition for approval, the large-scale cattle or dairy farm operation shall be implemented and maintained in accordance with such developed plan. Any changes to said AEM Plan shall be submitted to the Planning Board for review and approval.
It shall be preferable to locate farm service uses in C-1 or M-1 Districts. Any applicant for a special permit to locate a farm service use in the R-A District shall submit a report demonstrating good faith efforts to secure a suitable site for such use within the C-1 and M-1 Districts. Where a commercially or industrially zoned site is not available, it shall be permitted to locate such use in the R-A District, in conformance with all other provisions of this chapter.
A. 
Any change or modification to a use requiring a special permit shall require Planning Board review, except for the following:
(1) 
Removal or repair of a dangerous condition to a principal or accessory structure when determined by an enforcement agency that circumstances exist which, if not corrected, constitute a threat to life, health, or safety of the general public or such other persons for whose protection such regulations were intended.
(2) 
Routine repair, replacement, or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(3) 
Changes in ownership or management which do not change the specific use of the property.
(4) 
Repaving or painting of driveways and parking areas without altering the approved traffic pattern.
(5) 
Routine landscaping or the repair or replacement of existing screening devices, without altering the approved vehicular or pedestrian traffic patterns and consistent with applicable controls concerning height, location, and visibility.
B. 
If the Planning Board determines that a proposed change or modification to a use requiring a special permit is substantial, the use shall require a new special permit to be issued by the Zoning Board of Appeals. A change or modification shall be deemed substantial if the proposal:
(1) 
Significantly changes the use, design, character or nature of development of the property in question; or
(2) 
Would have a significant impact on the development or use of adjacent property; or
(3) 
Would significantly impact the orderly flow of vehicular and/or pedestrian traffic on or off site.
C. 
The Zoning Board may impose other conditions incidental to the issuance of a special permit which, in its opinion, are reasonable and necessary and are in compliance with applicable provisions of the law.