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repealed as provided by law.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When a petition is withdrawn within 10 days prior to the scheduled
public hearing, or is withdrawn or denied after the hearing, a petition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:
(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:
[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)
(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.
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:
(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.
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.
See Chapter 258 of the Town Code.
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.
