[Amended 4-27-2022 by L.L. No. 1-2022]
A.
Notwithstanding any provision of Chapter 300 to the contrary, land uses or activities requiring a special permit shall be permitted only upon authorization by the Town Board after review by the Town Planning Board, provided that such uses shall be found by the Town Board to comply with the following general requirements and any other applicable requirements as set forth in this chapter, or the rules, regulations and statutes of the Town of Lyons, Wayne County, State of New York. Notwithstanding any provision of this chapter to the contrary, all references to "Board of Appeals" appearing in this Chapter 300 insofar as they may relate to special use permits or special permits shall mean the Town Board of the Town of Lyons. It is the intention of this section of this section to transfer the authority to grant special use permits and special permits back to the Town Board to better assure compatibility of special use permits and special permits with the intent of Chapter 300. However, nothing in this section is intended to restrict the authority of the Zoning Board of Appeals as set forth in § 300-4.4 with the exception of § 300-4.4G(3).
B.
In determining any applications for a special permit, the Town Board may impose time duration limits on the special permit in addition to all other conditions as may be necessary to effectuate the laws, rules and regulations of the Town of Lyons, County of Wayne, State of New York and United States of America. Nothing in this section shall be viewed as limiting the authority of the Town of Lyons Zoning Board of Appeals as is set forth in Chapter 157, Article VI, Variance Procedure, or the authority granted to the Lyons Zoning Board of Appeals under § 300-4.4 with the exception of Subsection G(3) of § 300-4.4 which now reads: "To issue special use permits for any use for which this chapter requires the obtaining of such permits from the Board of Appeals" is deleted and repealed by this section.
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:
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:
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:
(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.
T.
A special
use permit shall be required for any expansion in occupied area or
number of units in and multiple dwelling, multifamily, mixed use,
boardinghouse, or rooming house.
[Added 4-27-2022 by L.L. No. 1-2022]
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:
(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:
(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:
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.
