A. 
Initiation of zoning amendments: general provisions.
(1) 
The regulations, restrictions and boundaries herein provided may from time to time be amended, supplemented, changed or modified or repealed as provided by law. The provisions hereinafter contained shall apply to amendments, supplements, changes or modifications to district boundaries or classifications thereof. If any area is transferred from one district to another district, any nonconforming use thereby created may be continued to the extent permitted pursuant to the provisions of this chapter regulating nonconforming uses generally.
(2) 
Such proposed amendments, supplements, changes or modifications, whether initiated by the Town Board, Planning Board or by petition, shall be referred to the Planning Board for review and recommendation.
(3) 
When a petition is withdrawn within 10 days prior to the scheduled public hearing, or is withdrawn or denied after the hearing, a petition seeking substantially the same relief shall not be considered or voted on by the Town Board within one year from the date of such previous filing, except for a vote to table or to receive and refer the petition to the Planning Board. If the Planning Board shall receive a referral of such a petition and find that there have been substantial changes which would merit a hearing or rehearing, the Planning Board shall indicate such changes in its recommendation to the Town Board. This restriction shall not apply where the Town Board has not issued a final determination on a petition within 60 days following the public hearing on that petition.
B. 
Application for rezoning. The petition shall contain the information described in Subsection B(1) and (2) below and shall be notarized before a person authorized by law to administer oaths. The number of copies shall be determined by the Building Inspector who shall approve the form of the petition before it is accepted for filing by the Town Clerk.
(1) 
Documents.
(a) 
Name, address and telephone number of the applicant and, if he is not the owner, his interest in the property.
(b) 
Name, address and telephone number of the owner(s) of the property proposed for rezoning.
(c) 
A legal description and existing street address of the total site proposed for rezoning.
(d) 
A survey of the total site, prepared by a licensed surveyor and an aerial photo map of the site to include an area within 3,000 feet of the proposed boundaries of the site being considered for rezone.
(e) 
Identification of existing and proposed zoning.
(f) 
A statement of planning objectives to be achieved by the rezoning. This statement should include a description of the character of the proposed development, the rationale behind the assumptions and choices made by the applicant, and a statement of how the development meets the objectives of the Comprehensive Plan.
(g) 
A general statement as to how open space is to be owned and maintained, if relevant.
(h) 
A development schedule indicating the approximate date when construction can be expected to begin and be completed and any stages thereof.
(i) 
A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the proposed development.
(j) 
Quantitative data for the following:
[1] 
Total number and type of dwelling units indicating distribution by dwelling unit type.
[2] 
Calculation of the residential density and dwelling units per gross acre for the entire development.
[3] 
Total amount of open space.
[4] 
Proposed nonresidential floor area.
(k) 
A development plan, if required by the Planning Board, in order to assure that the proposed zoning is consistent with the Comprehensive Plan and the intent and objectives of this chapter.
(2) 
Development plan. The development plan must contain the following minimum information unless waived by the Planning Board as not being applicable. Maps shall be drawn to scale.
(a) 
The existing site conditions including property lines, contours, watercourses, floodplains, unique natural features and tree cover.
(b) 
Proposed land use arrangement.
(c) 
The location of all existing and proposed structures and other improvements, including maximum heights, types of dwelling units and location of nonresidential floor area.
(d) 
The location and size, in acres or square feet of all use areas and areas to be conveyed, dedicated or reserved as common open spaces, public parks, recreational areas, school sites and similar public and semipublic uses.
(e) 
The existing and proposed circulation system of arterial, collector and local streets, including off-street parking, loading and stacking areas and major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate.
(f) 
The existing and proposed pedestrian circulation system, including its interrelationships with the vehicular circulation system.
(g) 
The existing utilities systems, including sanitary sewers, storm sewers, storm water retention areas and waterlines.
(h) 
Information including zoning, ownership and use of all lands within 500 feet of the perimeter of the area proposed to be rezoned.
(i) 
Sketches or other representations of typical structures and improvements sufficient to convey the basic architectural intent of the proposed improvements.
(j) 
Any additional information as might be required by the Planning Board to evaluate the character and impact of the proposed rezoning.
(3) 
Planning Board review.
(a) 
Upon receipt of a petition for rezoning, the Town Clerk shall transmit it to officials and agencies as he may deem appropriate for their review, report and recommendation. Such officials and agencies shall each, within 30 days from receiving the petition, furnish the Planning Board a report pertinent to their respective jurisdictions.
(b) 
The Planning Board shall review the petition and development plan and evaluate reports received from reviewing agencies and officials. Within 60 days following receipt by the Town Clerk and after holding a public meeting on the petition, the Planning Board shall furnish the Town Board and applicant either its findings that the proposed rezoning complies with the Comprehensive Plan and the regulations, standards, intent and objectives of this chapter or a finding of any failure of such compliance and a recommendation that the rezoning be approved, disapproved or modified.
[1] 
Favorable report. A favorable report shall be based on the following findings, which shall be included as a part of the report:
[a] 
The proposed zoning and development plan meets the intent and objectives of the Comprehensive Plan and this chapter.
[b] 
Whether there are adequate services and utilities available or proposed to be made available in the construction of the development.
[2] 
Conditions. The Planning Board may include in a favorable report a recommendation that the Town Board establish conditions as a part of any resolution approving the application in order to protect the public health, safety, welfare and environmental quality of the community and to carry out the intent and objectives of the Comprehensive Plan and this chapter.
[3] 
Unfavorable report. An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what changes might be necessary in order to receive a favorable report.
(4) 
Town Board proceedings.
(a) 
Public hearing.
[1] 
Following completion of Planning Board review and upon receipt of the Planning Board's report, the Town Board shall:
[a] 
Refer back to the Planning Board for additional data, if necessary.
[b] 
Set a date for a public hearing for the purpose of considering the application and cause notice to be given as required by law.
[2] 
The Town Board shall hold the public hearing and render a decision within 60 days.
(b) 
Town Board action.
[1] 
If the Town Board approves the amendment, supplement, change or modification to district boundaries or classifications thereof, after publication as required by law, the Zoning Map shall be amended.
[2] 
The Town Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving an application additional conditions or requirements consistent with the intent and objectives of the Comprehensive Plan and this chapter. The notice of the adoption of the resolution shall not be published nor shall the Zoning Map be amended until the applicant has filed with the Town Clerk written consent to those conditions.
A. 
Intent. The intent of site plan review is to evaluate specified land uses in terms of their suitability to natural site conditions, their compatibility with surrounding land uses and their conformance with overall plans for the community, thus minimizing possible adverse effects on the health, safety and welfare of local residents.
B. 
Required site plan review. A site plan must be submitted to the Planning Board for all:
(1) 
Multiple-unit apartment complexes and condominium units. Residential developments for townhouse units and patio homes are subject to the subdivision regulations of the Town of Lancaster.
(2) 
New commercial, industrial, recreational, religious or institutional developments.
(3) 
Alterations or additions to existing commercial, industrial or public developments which increase original gross floor area by 750 square feet or more.
(4) 
Modifications to off-street parking, loading and stacking areas and structures.
(5) 
All development within any overlay district established by this chapter.
(6) 
Any change in use or intensity of use which the Code Enforcement Officer determines will significantly impact the characteristics of the site in terms of parking, loading, access, drainage, utilities, traffic, or other environmental impact for any commercial, industrial or multifamily use.
(7) 
Any use involving outside storage, or expansion of outdoor storage areas, or movement of outside storage areas.
(8) 
Any use involving construction or alteration of drive-in or drive-through business facilities.
(9) 
Any nonresidential use in a residential district.
(10) 
A site plan must be submitted for all applications to modify any previously approved site plan.
C. 
Site plan required information. The site plan shall include the following information, except where the Planning Board may choose to waive certain requirements set forth in this section as deemed appropriate. The site plan shall be prepared by a licensed New York State professional engineer, architect or licensed land surveyor as appropriate (please note that the Town requires drawings to be in a CAD and GIS readable format):
(1) 
Application form, notes, and other required written information.
(2) 
Title of drawing, including name of development, name and address of applicant and person who prepared the drawing.
(3) 
Location plan, North point, professional stamp, scale (one inch equals 20 feet or other appropriate scale) and date.
(4) 
A boundary survey plotted to scale of the proposed development, including its acreage, a legal description thereof, existing topographic features including contours or spot elevations at a fifty-foot grid, large trees (six inches or greater in diameter), buildings, structures, streets, property lines, utility easements, rights-of-way, sewers, water mains, fire hydrants, culverts and other significant man-made features, delineated wetlands and land uses, and an aerial photo map of the site to include an area within 3,000 feet of the proposed boundaries of the site being considered for site plan.
(5) 
Geotechnical evaluation demonstrating the suitability of the site for the project.
(6) 
The lines and names of existing and proposed streets and sidewalks immediately adjoining and within the proposed site.
(7) 
Layout, number and dimension of lots.
(8) 
Location, proposed use, height and floor plan of all nonresidential and all residential structures containing three or more dwelling units, location of all parking, loading and stacking areas with access drives.
(9) 
Location and proposed development of all open spaces, including parks, playgrounds and open reservations.
(10) 
Existing and proposed watercourses and direction of flow.
(11) 
Topographic map and drainage plan showing existing and finished grades, engineering calculations and the potential impacts to local surface waters.
(12) 
Water supply plan, including location of fire hydrants.
(13) 
Paving, including typical cross sections and profiles of proposed streets, pedestrian walkways, bikeways and parking lots.
(14) 
Sewage disposal plans, for information only.
(15) 
A landscape plan indicating location, type and size of existing trees and vegetation, identifying those to be preserved; and location, type and size of trees, vegetation and other amenities to be provided.
(16) 
Location and design of lighting facilities, fences, walls and signs.
(17) 
Location and dimension of all signs for which use permits are required under this chapter.
(18) 
Proposed easements, restrictions, covenants and provisions for homeowner's associations and common ownerships.
(19) 
Plans for residential and nonresidential construction shall show front, side and back elevation. Drawings shall include the type of building material, color of building and color of roof. Plans should include an architectural rendering of the finished building.
(20) 
Site location map on USGS Quad Ranking Scale and/or a recent Town map.
(21) 
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of this chapter and Chapter 300, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in this chapter. The approved site plan shall be consistent with the provisions of this chapter and Chapter 300.
(22) 
Silt fencing shall be installed at the curb line at the time of excavation of a lot in a subdivision serviced by the Town of Lancaster storm sewer system. The Town of Lancaster Department of Code Enforcement may direct an additional silt fence to be installed on any building lot in the Town of Lancaster to prevent the siltation of materials into a retention, detention or drainage ditch or stream. All silt fencing shall be installed in accordance with the NYSDEC Stormwater Design Manual.
(23) 
For development in any overlay district, any other information required pursuant to §§ 400-24, 400-25, 400-26 and 400-27, the applicable regulations set forth in this chapter.
D. 
Site plan review procedure.
(1) 
All plans must be submitted 15 days prior to the Planning Board meeting.
(2) 
The Building Inspector shall review the site plan application to ensure that it is complete and in conformance with this chapter, the approved development plan, if one exists, and all other applicable laws. Thereafter, he shall forward the plan to the Planning Board and other agencies for review as appropriate.
(3) 
Within 30 days of its receipt of the application, each agency shall review it and notify the Planning Board in writing of its comments or recommendations.
(4) 
Within 60 days of its receipt of the application for site plan approval and after holding an open meeting, the Planning Board shall issue its recommendations for action and notify the Building Inspector, Town Clerk and applicant of its recommendation. This time period may be extended by the written request of the applicant. In evaluating the application, the Planning Board may seek advice from the agencies it deems appropriate. The Planning Board's recommendation shall be issued in the form of a written report of approval or disapproval of the site plan. In a recommendation to approve the site plan, the Planning Board may recommend conditions limiting the use and the occupancy of the land or proposed buildings consistent with the intent and purposes of this chapter. If the Planning Board recommends disapproval, it shall state its reasons.
(5) 
SEQR shall be completed for all site plan projects, as required by law, with the Planning Board providing an advisory opinion to the Town Board, or other appropriate agency, as lead agency.
(6) 
Criteria. In considering the site plan for approval, the Planning Board shall evaluate, and the Town Board shall consider, the public health, safety, welfare, comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area. The Town Board may prescribe such appropriate conditions and safeguards as may be required in order that the results of its action shall, to the maximum extent possible, further the following:
(a) 
Compatibility. The character of proposed use is compatible with the surrounding neighborhood and the Town's Comprehensive Plan.
(b) 
Vehicular access. The number of proposed access points is not excessive, all access points are an adequate width, grade alignment and visibility, access points, proximity to intersections or places of public assembly, and similar safety considerations are reviewed for all site plan approvals.
(c) 
Lighting. Exterior lighting shall be planned, erected and maintained so the light is confined to the property and will not cast direct light or glare upon adjacent properties or public roads. The light source shall not be higher than 20 feet. High-intensity lighting shall not be permitted.
(d) 
Parking. Adequate off-street parking, queuing and loading spaces are provided to minimize the number of cars parked or standing on public roads.
(e) 
Pedestrian circulation. The interior circulation system is adequate to provide safe accessibility to all parking areas and ensure adequate separation of pedestrian and vehicular traffic.
(f) 
Landscaping and screening. All parking, storage, loading and service areas on properties adjacent to residential areas are reasonably screened and the general landscaping of the site reflects the character of the neighborhood and surrounding area.
(g) 
General screening requirements.
[1] 
Open storage areas, exposed machinery and outdoor areas used for the storage and collection of solid waste as permitted by this chapter shall be visually screened from roads and surrounding land uses. Suitable types of screening include opaque and semi-opaque fences of a height necessary to screen the intended use. Where planted hedges are proposed, plant species, size and layout should be developed to provide an effective screen within three years of installation. Native or naturalized species of low-maintenance trees and shrubs should be planted wherever possible.
[2] 
In locations where potential health or safety hazards may arise, such as solid waste storage/collection areas, a fence as otherwise permitted by this chapter may be required to prevent unauthorized access to the premises. At all intersections and driveways, for a distance of 30 feet from the edge of the right-of-way (or the pavement where streets are private) screening shall be restricted to a maximum height of 2 1/2 feet and trees shall be maintained to a clearance of seven feet above the ground to ensure sight lines remained unobstructed.
[3] 
Except as otherwise required herein, screening shall be no lower than six feet unless the Planning Board determines lower height is required for safety reasons.
(h) 
Natural features. The proposed use is compatible with geologic, hydraulic, and soil conditions of the site and adjacent areas and the existing natural scenic features are preserved to the greatest possible extent.
(i) 
Public facilities. The public facilities that service the proposed use, including water, sanitary sewer, drainage, roads and related facilities, parks and open space are adequate for the intended level of use.
(j) 
Avoidance of nuisance. The proposed use will not create noise, odor, dust or smoke as to create a nuisance or to be detrimental to adjoining properties.
(k) 
Stormwater management and drainage requirements. The proposed development shall:
[1] 
Not result in post-development discharge rates and volumes that exceed predevelopment discharge rates and volumes to adjoining properties.
[2] 
Surface water runoff shall be minimized and detained on site as long as possible and practical to facilitate groundwater recharge. When available, municipal stormwater sewers may be employed to handle excess runoff.
[3] 
If stormwater cannot be channeled into municipal stormwater sewers, stormwater runoff shall be detained on-site. In no case shall increase runoff due to development activity be directed onto adjacent property. Techniques for delaying surface stormwater runoff shall be developed to prevent any increase in the runoff rate as a result of storms with a twenty-five-year or less recurrence frequency.
[4] 
The natural state of watercourses, swales or rights-of-way shall be maintained as much as possible. All drainage facilities shall be designed for a ten-year storm minimum. The Town Board may, on the Town Engineer's recommendation, require facilities sized for more intensive storms should development conditions in the vicinity of the site warrant a greater degree of protection.
(l) 
In no case shall plans be approved that would alter the course of a natural watercourse shown on the United States Geodetic Survey maps and the Official Town Map, or that would restrict or impede the free flow of water in these waterways, with piping or other structures, except by approval of the Town Board (which may require a public hearing) and, where applicable, a NYSDEC permit.
(m) 
If the site plan is approved, no topsoil removal, excavation, filling, grubbing, grading or stripping shall be commenced without a determination by the Town Engineer and Building Inspector that said activities will not create issues with erosion, sediment, dust control and drainage, including ponding of water.
(7) 
Standards for recommending site plan approval. The Planning Board shall recommend approval of the site plan if it finds that:
(a) 
The proposed site plan is consistent with the development plan if one is required.
(b) 
The proposed site plan is consistent with the intent, objectives and specific requirements of this chapter.
(c) 
Adequate services and utilities will be available prior to occupancy.
(d) 
The site plan is consistent with all other applicable laws.
(e) 
When evaluating an application for development within an ERPOD, the Planning Board and Town Board shall consider:
[1] 
Protection of environmentally sensitive areas, as defined in this section.
[2] 
Open space/natural resource management.
[3] 
Protection of trees and wildlife habitat.
[4] 
Opportunities for public access.
[5] 
Creation of visual buffers and screens.
(8) 
Town Board proceedings. Town Board action. Following completion of Planning Board review and upon receipt of the Planning Board's report regarding the site plan, the Town Board shall, within 60 days:
(a) 
Refer back to the Planning Board for additional data, if necessary;
(b) 
Approve the site plan;
(c) 
Approve the site plan with conditions limiting the use and the occupancy of the land or proposed buildings consistent with the intent and purposes of this chapter; or
(d) 
Deny the site plan application.
(9) 
Except for subdivisions that have been duly filed in the office of the County Clerk, if construction of an approved development (site plan) has not commenced within two years from the date of site approval, that approval shall be deemed revoked. A one-time additional one-year extension may be granted by the Town Board upon receipt of the following:
[Amended 6-20-2022 by L.L. No. 5-2022; 12-19-2022 by L.L. No. 9-2022]
(a) 
A written request for extension must be submitted to the Town Board, Town Clerk, and Town Attorney's Office.
(b) 
The written extension request must be applied for within 30 days of the expiration of the approval. If an extension is necessary for compliance, but not sought within this time frame, then the approval shall be rescinded. Under these circumstances, applicants may reapply for approval.
(c) 
The request must include a current environmental assessment form and comply with current state, county and Town zoning and building codes/laws/regulations.
(d) 
The applicant must present to and receive approval recommendation from the Town's Planning Board/Department.
E. 
Enforcement of site plan; security; penalty.
(1) 
Upon approval of a site plan, the owner/developer shall meet the conditions imposed by the Town Board, including but not limited to landscaping, buffer zones, fencing, finished exteriors, parking areas, dumpster location, etc., within 60 days of issuance of the certificate of occupancy by the Building Inspector, unless written extension is granted by the Town Board. Such a written extension must be sought by the applicant and obtained prior to the expiration of any such approval. Such an extension must be applied for, in writing, to the Town Board within 30 days of the expiration of the approval. If an extension is necessary for compliance, but not sought within this time frame, then the approval shall be rescinded. Under these circumstances, applicants may reapply for approval.
[Amended 12-19-2022 by L.L. No. 9-2022]
(2) 
A violation of the site plan is a violation of the Zoning Law and may be enforced as provided in this chapter.
(3) 
The owner/developer shall be required to post a performance bond or cash security in a form acceptable to the Town Attorney and Town Board in a sum equivalent to the estimated cost of work to be completed at the time the Building Inspector issues a certificate of occupancy.
(4) 
The Building Inspector and Town Engineer shall calculate the estimated cost of completion. Failure to comply with the conditions within 60 days of posting the security or performance bond shall result in forfeiture of the bond or security.
(5) 
All drainage systems' as-built elevations for inverts, receiver rims and finished grade topography shall be submitted to the Town Engineer for review and acceptance prior to issuance of a certificate of occupancy/compliance. This shall apply for all commercial projects, residential subdivisions and any improvements conveyed to the Town of Lancaster.
(6) 
To assist future lot buildouts in residential subdivisions:
(a) 
Piped rear yard drainage systems, drain risers shall be marked with design finished grade.
(b) 
Non-piped rear yard drainage systems, grade stakes indicating finished grade shall be set and maintained until lot completion.
A. 
Administration and enforcement.
(1) 
General provisions. This chapter shall be administered by the Code Enforcement Officer/Building Inspector, the Town Clerk and such agencies as the Town Board shall direct and shall be enforced by the Building Inspector. Those departments and agencies shall be provided with the assistance of such persons as the Town Board may direct.
(2) 
Enforcement. This chapter shall be enforced by the Code Enforcement Officer/Building Inspector. The Code Enforcement Officer/Building Inspector or his staff may enter any premises or building at a reasonable time to determine whether it is in violation of this chapter. He shall order discontinuance of uses of land, buildings or structures, or construction of buildings, structures or additions, alterations or other structural changes which are in violation of this chapter or any other law. Nothing herein contained shall limit or restrict any other procedure provided for the enforcement of this chapter or other applicable law.
B. 
Construction and use. Building permits authorize only the use, arrangement and construction which is in compliance with this chapter and other applicable laws. Use, arrangement or construction not in compliance with this chapter or other applicable laws shall be a violation of this chapter.
C. 
Determination of similar uses.
(1) 
The Code Enforcement Officer/Building Inspector may, subject to Town Board review and approval, determine that a use not specifically listed in any districts established by this chapter is a similar use to those enumerated in a specific district. In making a determination that a use is similar, the Code Enforcement Officer/Building Inspector shall first determine that:
(a) 
The use is not listed in any other classification of permitted buildings or uses;
(b) 
The use is appropriate and conforms to the basic characteristics of the classification to which it is to be added;
(c) 
The use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than that resulting from other uses listed in the classification to which it is to be added; and
(d) 
Such a use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(2) 
The determination, as approved by the Town Board, as to whether a use is similar to uses permitted by right shall be considered as an expansion of the use regulations of the district and not as a variance applying to a particular situation.
(3) 
Any use found "similar" shall thereafter be included in the enumeration of uses permitted by right.
D. 
Interpretations, orders, etc. The Building Inspector shall interpret this chapter. Any interpretation or order, requirement decision or determination in connection with this chapter shall be final except as otherwise provided by law, including any appeal to the Zoning Board of Appeals.
E. 
Records and reports. The Building Inspector shall keep, or cause to be kept, a record in his department suitably indexed in regard to any decision or determination reached by him in connection with the interpretation or enforcement of this chapter.
A. 
Appointment and organization.
(1) 
Composition. The Board of Appeals shall consist of seven members appointed by the Town Board. The members of the Board of Appeals as now constituted shall continue in office until the expiration of their present terms. Thereafter, their successors shall be appointed for a term of five years each. Vacancies shall be filled as provided for in the Town Law.
(2) 
Clerk of the Board. The Town Clerk shall be the Clerk of the Board of Appeals and shall perform such duties as required by it. The Town Board may appoint additional clerks or other employees serving at its pleasure to assist the Board of Appeals. Minutes of all proceedings before the Board shall be taken and filed in the office of the Town Clerk and shall be a public record.
B. 
Powers and general procedure shall be as set forth in the New York Town Law.
C. 
A violation of any condition or time limit established by the Zoning Board of Appeals shall be a violation of the Zoning Law.
Any use requiring a special use permit requires compliance with this section. Special use permits authorized by this Zoning Law shall only be issued by the Town Board after a public hearing advertised as required by § 274-b of the New York Town Law.
A. 
Intent. 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. While designating uses as permitted with a special use permit is a legislative determination that such use is authorized, it is only so authorized provided the use complies with the criteria set forth herein as determined by the Town Board. 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. 
General guidelines. The applicant shall bear the burden of proof of demonstrating that the use meets the criteria set forth herein. It shall be the responsibility of the applicant 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. 
Criteria. 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) 
Impacts, including but not limited to noise, traffic, drainage, lighting, dust, and debris are sufficiently mitigated by the application to warrant granting of a permit.
(6) 
Adequate off-street parking and loading are provided and the special use will not substantially interfere with traffic on abutting streets.
(7) 
Any other factor the Town Board rationally determines to be relevant to review of the application.
D. 
Application procedure.
(1) 
Concurrent review. 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 and contain all the information required by site plan review applications.
(2) 
Timing. Within 30 days after receipt of the application, the Town of Lancaster Planning Board shall review the application, site plan, and supporting data, and the 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.
(3) 
The failure of the Planning Board to act within 30 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.
(4) 
Within 30 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 60 days thereafter, the Town Board shall render its decision on the special use permit application.
(5) 
In granting approval, the Town Board may impose conditions as necessary to mitigate impacts from the proposed use or 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.
E. 
Expiration. Special use permits may expire. 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. Expiration of a special use permit occurs in the following circumstances:
(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 expires without the permittee having timely applied for renewal.
(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 six 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.
F. 
Inspections, violations, and revocation.
(1) 
The Code Enforcement Officer has the authority to conduct inspections of specially permitted uses. A permittee's refusal of access for an inspection shall be a violation of the Zoning Law.
(2) 
A violation of the terms or conditions of a special use permit, or using the property in a manner not specifically permitted by the special use permit is a violation of the Zoning Law and is punishable as provided for in § 400-80.
(3) 
Whenever it shall appear to the Town Board, based on investigation or complaint from the public or other office of the Town, that a permit holder is not complying with a condition of a special use permit, or if the permit holder denies access for an inspection, 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 special use 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 Town Board. This shall be in addition to, and not in lieu of, any other enforcement efforts as provided for by applicable law.
A. 
Any person who violates any provision of this chapter or any regulation adopted hereunder is guilty of an offense punishable by a fine not exceeding $1,500 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate violation.
B. 
Pursuant to § 268 of Article 16 of the Town Law, a violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $1,500 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate violation.
C. 
Notwithstanding any other provision to the contrary, upon a resolution of the Town Board, the Code Enforcement Officer and Town Attorney may bring an action in Supreme Court, Erie County, in the name of the Town to abate violations, seeking preliminary and/or permanent injunctions. Such action may be in addition to, and not in lieu of, criminal enforcement as provided for herein.
If any section, clause or provision of this chapter or the application thereof to any person or lands is adjudged to be invalid, the adjudication shall not affect other sections, clauses or provisions or the application thereof which can be sustained or given effect without the invalid section, clause or provision or application, and to this end, the various sections, clauses and provisions of this chapter are declared to be severable.
The provisions of Chapter 50 of the Code of the Town of Lancaster previously enacted and amended are repealed upon the adoption and publication of this chapter as required by law.