Town of Niagara, NY Article IX Special Permits

§ 245-40 General provisions.

A. The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this code. All such uses are hereby declared to have characteristics of such unique and special form that each specific use shall be considered as an individual case.

B. All special permits are valid for one year and shall be issued by the Town Board after review and recommendation by the Planning Board.

C. For any special use which requires an area variance, the Town Board shall act as lead agency for the State Environmental Quality Review Act (SEQRA). In such cases, the Town Board shall make its SEQRA determination, but will not consider the special permit until the Zoning Board of Appeals makes its variance decision.

D. Special use permit renewals shall be issued by the Town of Niagara Town Board. The Town Board may approve renewal applications with such conditions as it deems reasonable.

[Added 10-19-2010 by L.L. No. 3-2010]

E. Renewal applications for special use permits shall be in writing on a form provided by or otherwise acceptable to the Building Inspector or Code Enforcement Officer. Such application shall include such information as the Building Inspector or Code Enforcement Officer deems sufficient to permit determination that the applicant conforms to all conditions of original special use permit approvals.

[Added 10-19-2010 by L.L. No. 3-2010]

F. Applications for permit renewal may be made 60 days prior to the date of expiration of the special use permit and shall be accompanied by a nonrefundable application fee in the amount as set forth from time to time by resolution of the Town Board.

[Added 10-19-2010 by L.L. No. 3-2010]

§ 245-41 Standards for special permit issuance.

A. No special permit shall be issued unless the Town Board determines that:

(1) The proposed use is permitted in the specific zone;

(2) All required site plan and/or variance approvals have been received;

(3) The proposed use is in compliance with the Town Zoning Code, with the orderly development of the district and will not adversely affect the neighborhood;

(4) Adequate landscaping and screening is provided to avoid negative aesthetic impacts;

(5) The use will not impair property values; and

(6) There are no delinquent Town tax or utility bills.

B. Town Board waiver. Pursuant to Town Law § 274-b(5), the Town Board may waive any of the criteria for approving special permits.

C. Town Board review.

(1) The Town Board may require the submission of expert reports, including appraisal reports, and such other information as it deems necessary to review the application.

(2) The Town Board may hire such consultants as it deems necessary to provide review of the permit. Except for home occupations, the cost of such expert review shall be borne by the applicant, in an amount the Board deems reasonable and necessary for such review. After the Board determines the review fee, the applicant shall deposit said fee with the Town, which shall hold the amount in escrow and return any unpaid amount to the applicant. Between the determination of the review amount and the deposit of the same, all time limits for review of the application shall be tolled.

(3) The Town Board may approve an application with such conditions as it deems reasonable.

§ 245-42 Adoption.

This Article IX is adopted pursuant to the Municipal Home Rule Law § 10 and the Statute of Governments § 10, and specifically supersedes any provision of the New York State Town Law § 274-b conflicting with this chapter.

§ 245-43 Application details.

Each application submitted to the Administrative Officer shall be accompanied by the following documentation/information:

A. Application. Application form and fee.

B. Letter of intent. Letter of intent, including detailed explanation of proposed project.

C. Survey. Survey by a licensed surveyor or professional engineer.

D. Environmental assessment form. A completed environmental assessment form in accordance with State Environmental Quality Review (SEQR).

E. Drawings. Detailed plans must be supplied if the proposed action requires erection of a new structure and/or modification of an existing structure.

F. Site plan. A site plan meeting the requirements of Appendix B.[1]

[1] Editor's Note: Appendix B is included at the end of this chapter.

§ 245-44 Additional requirements.

In addition to the general standards for issuance of a special permit, the following uses must also comply with the following requirements:

A. Public utilities. Essential public utility uses, such as dial equipment centers and substations, but no service or storage yards, may be permitted in any district with a special permit and, if the facility is a telecommunications facility, a tower permit. No special permit shall be issued unless the Town Board determines that:

(1) The proposed installation in a specific location is necessary for the efficiency of the public utility system or the satisfactory provision of service by the utility to the area in which the particular use is to be located.

(2) The design of any building in connection with such facility conforms to the character of the immediate area and will not adversely affect the safe and comfortable enjoyment of property rights of the neighborhood in which it is located.

(3) Adequate and attractive fences and other safety devices will be provided, to a height sufficient to screen the installation's equipment.

(4) A buffer strip 10 feet in width (minimum) shall be provided around the perimeter of the property, suitably landscaped and maintained.

(5) Adequate off-street parking shall be provided.

(6) All of the area, yard and building coverage requirements of the respective zone will be met.

(7) The siting of telecommunications facilities, as defined in this code, to the extent telecommunications facilities are public utilities, shall be governed by § 245-44F of this code.

B. Motor vehicle service stations, public garages, new and used automotive dealers.

(1) No part of any building used as a gasoline service station or public garage and no filling pump, lift or other service appliance shall be erected within 25 feet of any residential district.

(2) In connection with any gasoline station or public garage, no gasoline or fuel pump, no oiling or greasing mechanism and no other service appliance shall be installed within 30 feet of any street line.

(3) All repair work shall be done within enclosed buildings, and no automobiles, trucks and motorcycles, whether serviced or stored on the premises, shall encroach on the required yard area.

(4) The entire area of the site traveled by motor vehicles shall be covered with a paved surface.

(5) No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the direct operations of the establishment.

(6) Accessory goods for sale may be displayed on the pump island and the building only. The outdoor display of oil cans, and/or antifreeze and similar products, may be displayed on the respective island if provided for in a suitable stand or rack.

(7) No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly.

(8) The operator or owner shall not engage in such business unless an appropriate license has been issued by the State of New York.

(9) A fire lane 20 feet in width shall be required or as provided in the Building Code.[1]

[1] Editor's Note: See Ch. 155, Fire Prevention and Building Construction.

(10) No vehicles, which are subject to the requirements herein and which are salvaged or junked vehicles as defined by the Vehicle and Traffic Law, shall be located on the exterior of the premises. No new or used automobile dealer shall engage in the leasing, sale or resale of junked or wrecked automobiles, except that wrecked automobiles being held for the purpose of insurance adjustment and inspection may be stored at the rear of the premises for a period not to exceed 30 days. There shall be no unregistered vehicles stored or kept on the premises, except for the purpose of resale or lease, and those vehicles must meet New York State inspection and licensing requirements. Such vehicles will be counted in determining the permitted number of vehicles allowed to be stored on the premises. In addition, the number of permitted spaces shall include inside storage capacity.

(11) For new and used car lots, the minimum lot width shall be 70 feet, the front yard setback shall be five feet from the right-of-way, the side yard setback shall be five feet adjacent to any B-1 District or 10 feet adjacent to any R District and the rear yard setback shall be 10 feet, including parking, storage and display areas.

C. Excavations. Applications for a special permit shall be in accordance with Town Code Chapter 147.

D. Nursing, convalescent, retirement and special placement residences. A site plan shall provide for adequate traffic control, both interior and exterior to the site.

E. Motels and hotels. A site plan shall provide for adequate traffic control, both interior and exterior to the site.

F. Telecommunications facilities.

(1) Legislative intent.

(a) The intent of these provisions is to:

[1] Minimize adverse visual effects of towers and/or similar facilities through careful design, siting and vegetative or physical screening.

[2] Avoid potential damage to adjacent properties from tower failure or falling debris through engineering considerations and careful siting of tower structures.

[3] Maximize use of any new or existing tower, or existing building and/or structures, to reduce the number of towers and/or similar facilities needed.

[4] Assure the safety of residents of the community.

[5] Reduce adverse impact on the physical and visual environment.

(b) All other requirements of this Zoning Code shall apply unless they conflict with this section, in which case the requirements of this section shall prevail.

(2) Telecommunications facility permit standards.

(a) Siting preferences. The Town may express a preference that the proposed telecommunications facility be located in a higher-intensity use district or on higher-intensity use property, provided that there is a technologically feasible and available location, and it does not impose unreasonable delay.

[1] A guideline for the Town's preference, from most favorable to least favorable districts/property, is as follows:

[a] Property with an existing structure suitable for collocation.

[b] LI, HI or PID Districts.

[c] A (Agricultural) Districts with no residential structures within 500 feet of the tower site.

[d] A (Agricultural) Districts with residential structures within 500 feet of the tower site.

[e] B1 or B2 districts.

[f] Residential districts.

[2] Planned Use Districts shall be classified based on the primary use within the specific district.

(b) Aesthetics.

[1] The Town Board may require a monopole guyed tower (if sufficient land is available to the applicant) instead of a freestanding tower. Monopoles are a preferred design.

[2] The Town Board, as part of the tower permit, or the Planning Board, as part of the site plan review, may require reasonable landscaping consisting of trees or shrubs to screen the base of the tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible;

[3] The applicant shall show that it has made good-faith efforts to collocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. Such a good-faith effort shall be demonstrated by showing that such collocation is technologically or otherwise infeasible or unavailable.

[4] Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted, except as required by the FAA. Towers shall be a galvanized-finish or painted matte gray unless otherwise required by the FAA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.

[5] All towers shall comply with the vertical zoning requirements, if any, of the Niagara Falls International Airport. The applicant shall demonstrate compliance, where applicable.

[6] No tower shall contain any signs or advertising devices.

[7] The applicant must submit a copy of its policy regarding collocation on the proposed tower with other potential future applicants.

[a] Such policy should allow collocation under the following conditions:

[i] The new antenna(s) and equipment do not exceed structural loading requirements, interfere with tower space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment;

[ii] The party desiring to collocate pays the applicant an appropriate and reasonable sum to collocate;

[iii] The party seeking to collocate constructs a new combined facility tower on the site or an extension of the existing tower, subject to structural safety limitations and permit requirements; and

[iv] The party desiring to collocate has a similar policy of collocation for the applicant.

[b] The applicant must also identify its policy of collocation for municipal communication needs such as police, fire, EMS and other municipal needs.

[8] The Town Board may require the applicant to use camouflage technology on those proposed building-mounted antenna applications which require a tower permit (i.e., antennas exceeding heights of 20 feet above the highest part of a building or other structure).

(c) Radio-frequency effect. The Town Board may impose a condition on the applicant that the communications antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels within Environmental Protection Agency (EPA) technical exposure limits for electromagnetic radiation, and that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded, but no permit decision will be made based on radio-frequency effect or interference issues.

(d) Traffic, access and safety.

[1] A road turnaround and one parking space shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road rights-of-way for the siting of a tower or antenna(s) or accessory structures is prohibited.

[2] All towers, structures and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height, which fence shall be no less than eight feet from any structure, tower or guy anchor, as measured horizontally and vertically, and otherwise sufficiently protected from trespassing or vandalism. The height limitations of § 245-30B of this code shall not apply to fences required by this section.

[3] The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.

[4] The Town Board may require that towers and antenna(s) be set back a sufficient distance from adjacent property lines and/or structures to safeguard the general public and/or adjacent property from damage in the event of tower failure or falling debris such as ice. It is presumed that the fall-down zone should be equal to the height of the tower from any adjacent property line, but the Town Board can set a different fall-down zone upon receipt of information from the applicant which demonstrates that the safety of the general public or adjacent property is protected; however, in no case will the Town Board allow a tower to be less than an equivalent tower height away from a residentially used structure, school, place of worship or any other occupied off-site building;

[a] The fall-down zone must be completely contained within the property owned or leased by the applicant, unless the applicant provides written permission from the adjoining property owner to use the additional property as a fall-down zone.

[b] The fall-down zone may not include public rights-of-way.

(e) Removal of tower. The applicant shall agree to remove the tower if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for six consecutive months. The applicant shall provide a demolition bond for purposes of removing the telecommunications facility in case the applicant fails to do so as required above. The applicant will be responsible for providing written estimates to the Town for the projected cost to demolish and/or remove a telecommunications facility. Such estimates will be used to establish an amount of the required demolition bond. The bond shall be good for a period of no less than the term of any lease for the tower site, or five years where the tower site is not leased, and shall be renewed by the applicant no less than 60 days prior to expiration. Upon failure to maintain a bond, the Town Board may, after providing an opportunity to comply of no more than 30 days, hold a hearing to consider revoking or suspending the permit and seeking the removal of the tower. The Town reserves the right to review the bond amount every five years or upon change of owner, and adjust the amount of the bond as is appropriate.

(f) Structural safety. Upon written request from the Town, either during the application process and/or after construction of the tower, the applicant shall provide a certification from a qualified, licensed engineer, certifying that the tower meets applicable structural safety standards. Such requests from the Town shall not occur more often than once every three years; said processing and review of any recertification shall be accompanied by a fee. In addition, the applicant must provide evidence that liability insurance is in effect on the property covering damages due to tower failure or other hazards created by the tower installation. Engineering certifications and coverage shall include but not be limited to hazards or consequences to all structures and occupants of the site. All existing telecommunications facilities which employ a tower as defined by this section, where such tower's fall-down zone exceeds the property bounds in which it is located, shall also provided certification and proof of insurance as specified above, after written request from the Town.

(g) Maintenance of telecommunications facility. All telecommunications facilities shall be maintained in good order and repair.

(h) Limitations on towers near residences. No tower permit shall be issued for any tower within 500 feet of any residence unless the applicant demonstrates to the Town that no other technically feasible site is available. Notwithstanding anything to the contrary in this chapter, any application for a tower within 500 feet of a residence shall be considered by the Town Board, and shall also require site plan review by the Planning Board.

(3) Tower and permit application.

(a) All applicants for a tower permit shall make written application to the Department of Inspections, which application shall include:

[1] A completed Town tower permit application form, or applicant-provided form, including name, address and telephone number of the applicant and its designated representative, type of telecommunications service, FCC license number, which shall be used as the tower permit application form, and application fees.

[2] Short environmental assessment form, plus visual assessment form, except for Type I actions or for any tower permit within 500 feet of any residence, or 500 feet of a residential zoning district, where a full environmental assessment form shall be submitted.

[3] A site plan in accordance with Appendix B.[2]

[2] Editor's Note: Appendix B is included at the end of this chapter.

[4] When requested by the Town, "before" and "after" propagation studies prepared by a qualified radio frequency (RF) engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.

[5] A "search ring" prepared by a qualified RF engineer and overlayed on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to justify to the Town Board why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for collocated antenna(s) and to what extent the applicant explored locating the proposed tower in an appropriate site or government property or a more intensive use district.

[6] A description of the type of backhaul network, if any, to be utilized to connect telecommunications facilities to one another.

[7] A description of what the tower and/or antenna will be used for and the services that such a facility will provide.

(b) The Town staff/advisor committees, upon reviewing the application, may request reasonable additional visual and aesthetic information as they deem appropriate on a case-by-case basis. Such additional information may include visual simulations from viewpoints selected by the Town staff/advisor committees.

(c) If, during a Town review of a selected site, an applicant chooses an alternative site, the application fees mentioned in § 245-41C(2) above will also be required for the final selected site to cover the Town's costs involved in a review of said final selected site.

(4) Approvals and procedures.

(a) Telecommunications facilities comprised of collocated antenna(s) or building-mounted antenna(s) (and accessory structures) are permitted in any nonresidential district upon the issuance of a building permit. Such facilities shall comply with requirements as set forth in the Town Building Code.[3]

[1] Such collocated antenna(s) which require the erection of additional tower sections and which will exceed a total tower height of 100 feet will require a tower permit as set forth in this section.

[2] Building-mounted antenna(s) which extend more than 20 feet above the highest point of a building roof or other structure will require a tower permit as set forth in this section.

[3] Building-mounted antenna(s) and supports must be a light matte gray (or color deemed more appropriate by the Town) and not utilize any strobe warning lights, unless mandated by the FAA. Building-mounted antenna(s) shall be located toward those building elevations which do not face public rights-of-way. Any support infrastructure shall be housed in the building on which the antenna is located, or such infrastructure shall be housed in an addition constructed onto the existing building. Such building addition shall be on those building elevations which do not face public rights-of-way. The above requirements regarding location of antennas and support infrastructure on only those walls which do not face public rights-of-way may be varied if proven to be technically infeasible.

[4] All building permit applications for collocated antenna(s) or building-mounted antenna(s) shall be accompanied by a report prepared by a qualified RF engineer demonstrating that the collocated antenna(s) or building-mounted antenna will not exceed maximum allowable FCC-designated frequencies and power levels and EPA technical exposure limits for electromagnetic radiation.

[3] Editor's Note: See Ch. 155, Fire Prevention and Building Construction.

(b) Telecommunications facilities requiring construction of a new tower on municipal- or government-owned property, or in an HI, LI, PID or A District, shall require the following:

[1] If the tower is less than or equal to 100 feet in height and at least 500 feet in distance from a residential zoning district line, or more than a distance equal to the height of the facility from any off-site structure or school, then site plan review is required.

[2] A site plan review by the Town Planning Board is required if:

[a] The tower is greater than 100 feet or less than 500 feet from a residential zoning district line; or

[b] The tower is not of monopole design and construction; or

[c] The tower is less than a distance equal to the height of the facility from any off-site structure or school; or

[d] The tower would be within 500 feet of a structure used as a residence.

(c) Telecommunications facilities requiring construction of a new tower in a B1 or B2 District shall require site plan review by the Town Planning Board.

(d) Telecommunications facilities requiring construction of a new tower in a residential district, or a Planned Use District of primarily residential character, shall require site plan review by the Town Planning Board. Additionally, applications for such telecommunications facilities in residential districts shall be treated as a Type I actions for purposes of the State Environmental Quality Review Act. The Town may not approve towers in residential zoning districts if coverage can be obtained by other means at a location elsewhere which is technologically feasible. The tower height will not exceed 100 feet within 1,000 feet of a residential district.

(e) Except as noted herein, where this section requires a tower permit, such permit may be issued, as appropriate and with such conditions deemed necessary by the Town Board, after a public hearing. Such public hearing shall be held following completion of the Planning Board's site plan review, on no less than 10 days' written notice to all property owners within 500 feet of the property on which the tower will be located, and publication of a notice of the public hearing in the official Town newspaper. All costs of notification shall be borne by the applicant. The Town Clerk shall notify the applicant of the Town Board's decision and shall transmit a copy of all approved and denied applications to the Building Inspector and Town Assessor.

(5) Exemptions.

(a) Towers and antenna(s) may be repaired and maintained without restriction.

(b) The following are exempt:

[1] Antennas used solely for residential household television and radio reception.

[2] Satellite antennas measuring two meters or less in diameter and located in commercial districts and satellite antennas one meter or less in diameter regardless of location.

(6) Procedure.

(a) The Town Board may waive or vary any requirements in this section for good cause shown.

(b) This section is meant to control towers and similar facilities in the Town. Unless specifically referenced in this section, other sections of this code are intended to be inapplicable (such as height limitations normally required in the relevant zoning district).

(c) The Town may impose franchise fees if allowed by law. Any wireless provider subject to payment of franchise fees to the Town shall, prior to obtaining a building permit to construct/operate a telecommunications facility (including antenna), certify that all franchises required by law for the operation of its wireless service have been obtained, and shall file proof of compliance with all required franchises with the Building Department.

(d) Tower permits are not transferable without reapplication and review. Permission to transfer permits shall not be unreasonably withheld, upon a showing of complete compliance with this chapter as it exists at the time of transfer. Permits for nonconforming towers may not be transferred, unless a demonstration is made that no other available site is technically feasible;

(e) Tower permit application fees shall be $500. The Town Board may, when it deems necessary, adjust the application fee by resolution.

G. Small cell wireless facilities.

[Added 5-25-2021 by L.L. No. 2-2021[4]]

(1) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

SMALL CELL WIRELESS FACILITIES or MICROCELL WIRELESS FACILITIES

Shall be used interchangeably and both shall mean and include facilities that meet the following conditions:

(a) The facilities:

[1] Are mounted on structures 50 feet or less in height, including their antennas as defined in 47 CFR 1.1320(d); or

[2] Are mounted on structures no more than 10% taller than other adjacent structures; or

[3] Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

(b) Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

(c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet in volume;

(d) The facilities do not require antenna structure registration under 47 CFR Part 17; and

(e) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in CFR 1.1307(b).

STEALTH or STEALTH TECHNOLOGY

Minimizing adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such wireless telecommunications facilities or small cell wireless facilities by using the least visually and physically intrusive facility.

(2) Small wireless facility approval required.

(a) All small wireless facilities shall require site plan and a special use permit approval from the Town Planning Board and Town Board.

(b) The Town Board shall be empowered to condition the issuance of an approval upon implementation of stealth technologies or other measures which mitigate adverse visual impacts, in any district.

(c) All applications for small wireless facilities shall comply with all applicable provisions of this Subsection G. However, notwithstanding anything to the contrary, where appropriate, the Town Board shall have the authority to waive any requirements set forth in this Subsection G relating to an application for, or approval of, a small wireless facility, provided that it would further the purposes of this Subsection G.

(d) Unless otherwise set forth in this chapter, a facility not meeting the requirements set forth for small wireless facilities shall comply with § 245-44F.

(3) Applications for small wireless facilities.

(a) Upon receipt of an application for a small wireless facility, the Town Planning Board and Town Board shall review said application and plans in accordance with the standards and requirements set forth in this chapter.

(b) The Town Planning Board and Town Board may attach such conditions and safeguards to any small wireless facility and site development plan as are, in its opinion, necessary to ensure initial and continued conformance to all applicable standards and requirements.

(c) No application shall be accepted and no small wireless facilities approval shall be granted for a property where the Building Inspector or Code Enforcement Officer has found, or there exists, a violation of the Town Code and where such violation has not been corrected.

(d) Granting small wireless facilities approval shall not waive the requirement for final site plan approval, including fees, in accordance with Chapter 135, Development Specifications, if applicable.

(e) An application for a small wireless facility shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The property owner, if different than the applicant, shall also sign the application. At the discretion of the Town Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

(f) The applicant must provide documentation to verify it has a legal interest in, or consent to occupy, the site/structure, if not owned or controlled by the Town of Niagara. Said documentation may be in the form of a deed, contract of sale or lease for the property, depending on whether the applicant is the property owner, contract-vendee or lessee.

(g) The applicant shall include a statement, in writing, that:

[1] The applicant's proposed small wireless facility shall be maintained in a safe manner and in compliance with all conditions of the small wireless facility approval, without exception, as well as all applicable and permissible federal, state and local laws, statutes, codes, rules and regulations; and

[2] The construction of the small wireless facility is legally permissible, including, but not limited to, the fact that the applicant is authorized to do business in the State of New York.

(h) If proposing a new structure for the purpose of supporting a small wireless facility, the application shall be accompanied by a map which shows the applicant's existing and proposed area of coverage. Such map should locate all existing wireless telecommunication facilities sites within the Town and within 1/2 mile of the proposed small wireless facility.

(i) In addition to all other required information as stated in this Subsection G, all applications for the construction or installation of new small wireless facility or modification of an existing small wireless facility shall contain the following information:

[1] A descriptive statement of the objective(s) for the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements;

[2] Documentation that demonstrates and proves the need for the small wireless facility to provide service primarily and essentially within the Town. Such documentation shall include, but not be limited to: i) information relating to all other wireless telecommunication facilities that are to be deployed in the Town in conjunction with the proposed small wireless facility; ii) propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or if a capacity need, including an analysis of current and projected usage;

[3] The name, address and phone number of the person preparing the report;

[4] The name, address and phone number of the property owner, operator and applicant;

[5] The postal address and Tax Map parcel number of the property;

[6] The zoning district or designation in which the property is situated;

[7] The size of the property stated both in square feet and lot line dimensions, and a survey prepared by a licensed professional surveyor showing the location of all lot lines, if the proposed small wireless facility is located outside the public right-of-way;

[8] The location of the nearest residential structure;

[9] The location, size and height of all existing and proposed structures on the property which is the subject of the application;

[10] The type, locations and dimensions of all proposed and existing landscaping and fencing, if the proposed small wireless facility is located outside the public right-of-way;

[11] The number, type and model of the antenna(s) proposed, with a copy of the specification sheet;

[12] The make, model, type and manufacturer of the utility pole, monopole or other structure on which any antenna or accessory equipment for a small wireless facility is to be located and a design plan stating the structure's capacity to accommodate multiple users;

[13] A site plan describing any new proposed structure and antenna(s) and all related fixtures, accessory equipment, appurtenances and apparatus, including, but not limited to, height above preexisting grade, materials color and lighting;

[14] The frequency, modulation and class of service of radio or other transmitting equipment;

[15] The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts of the antenna(s);

[16] Direction of maximum lobes and associated radiation of the antenna(s);

[17] The applicant's proposed maintenance and inspection procedures and related system of records;

[18] Documentation justifying the total height of any proposed antenna and structure and the basis thereof. Such justification shall be to provide service within the Town to the extent practicable, unless good cause is shown;

[19] Certification that NIER levels at the proposed site will be and remain within the current threshold levels adopted by the FCC;

[20] A signed statement that the proposed installation will not cause physical or RF interference with other telecommunications devices;

[21] A copy of the FCC license applicable for the intended use of the wireless telecommunication facilities;

[22] Certification that a topographic and geomorphologic study and analysis has been conducted, and that, taking into account the subsurface and substrate, and the proposed drainage plan, the site is adequate to assure the stability of the proposed wireless telecommunications facilities on the proposed site, through the certifying engineer need not be approved by the Town; and

[23] Information relating to the expected useful life of the proposed small wireless facility.

(j) The applicant shall furnish written certification that the small wireless facility and attachments are designed and will be constructed to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. If the wireless facility is subsequently approved and constructed, as-built certification indicating that the facility has been constructed in accordance with all standards shall be furnished to the Town prior to issuance of any certificate of occupancy or compliance.

(k) All proposed small wireless facilities shall contain a demonstration that the facility will be sited so as to minimize visual intrusion as much as possible given the facts and circumstances involved with the proposed site and facility, will employ stealth technologies as directed by the Town Planning Board and Town Board, where appropriate, and will thereby have the least adverse visual effect on the environment, the character of the community, surrounding properties and on the residences in the area of the wireless telecommunication facility.

(4) General and specific requirements for small wireless facilities.

(a) Design. All small wireless facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes: including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, and National Electrical Code. All small wireless facilities shall at all times be kept and maintained in good condition, order and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Town.

(b) Wind and ice. All small wireless facilities structures shall be designed to withstand the effects of wind gusts and ice to the standard designed by ANSI as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association (ANSI/EIAITIA-222, as amended).

(c) Aviation safety. Small wireless facilities shall comply with all federal and state laws and regulations concerning aviation safety.

(d) Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

(e) Radio frequency emissions. A small wireless facility shall not, by itself or in conjunction with other WCFs, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended. When a small wireless facility is complete, as-built readings will be taken and submitted to the Town.

(f) Maintenance. To the extent permitted by law, the following maintenance requirements shall apply:

[1] Small wireless facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.

[2] Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Town's residents.

[3] All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.

[4] The owner or operator of a small wireless facility shall maintain authorized and approved standby power generators or batteries capable of powering the small wireless facility for at least 12 hours without additional public utility power and indefinitely with a continuous or replenished fuel supply, where appropriate. Such standby power shall activate automatically upon the failure of public utility power to the site. Notwithstanding the foregoing, the Town Board may waive the requirement for backup power, where appropriate.

(5) Approval procedures.

(a) Time frames for approval.

[1] Within 60 days of receipt of a complete application for the co-location of a small wireless facility on a preexisting utility pole, monopole or other existing wireless telecommunication facility support structure, the Town Planning Board and Town Board shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.

[2] Within 90 days of receipt of a complete application for a small wireless facility on a new utility pole, monopole or other new wireless telecommunication facility support structure, the Town Planning Board and Town Board shall make a final decision on whether to approve the application and shall notify the applicant in writing of such decision.

[3] Within 20 days of receipt of an incomplete application for a small wireless facility, the Town's Building Inspector shall notify the applicant in writing of any supplemental information required to complete the application. Upon receipt of an applicant's supplemental information in response to the initial notification of incompleteness by the Town, the applicable shot clock will reset to zero and the Town shall have the full 60 or 90 days permitted by law to act on the completed application.

[4] For any subsequent determinations of incompleteness beyond the initial, the Town's Building Inspector shall notify the applicant of any required supplemental information within 20 days of receipt of the supplemental submission, and such notice shall toll the applicable shot clock until the applicant submits the required supplemental information.

(b) All time periods set forth in this Subsection G reference calendar days.

(6) Location.

(a) Applications for small wireless facilities shall locate, site and erect said facility in accordance with the following priorities, Subsection G(6)(a)[1] being the highest priority and Subsection G(6)(a)[6] being the lowest priority.

[1] Co-location on existing utility poles, monopoles or other wireless telecommunication facility support structures on lands owned or controlled by the Town, not including the public right-of-way;

[2] Co-location on a site with existing wireless telecommunication facilities or other wireless telecommunication facility structures in the Town;

[3] On other lands owned or controlled by the Town, including, but not limited to, the Town public right-of-way;

[4] On lands owned or controlled by other municipal corporations within the Town, to the extent permitted by such other municipal corporation;

[5] On nonresidential zoned properties; and

[6] On residential zoned properties.

(b) If the proposed site is not proposed for the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a special use permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.

(c) An application may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address co-location as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Town Planning Board and Town Board why co-location is commercially impracticable.

(d) Notwithstanding the above, the Town Planning Board and Town Board may approve any site located within the Town, provided that the Town Planning Board and Town Board find that the proposed site will further the purposes of this Subsection G, is in the best interest of the safety, public welfare, character, and environment of the Town, and will not have a deleterious effect on the nature and character of the community and surrounding properties.

(7) Height. Small wireless facilities shall be no higher than the minimum height necessary. The proposed height, which may be in excess of maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate co-location by additional antenna arrays, but under no circumstances is the height to be in excess of what is permitted for small wireless facilities.

(8) Setback. All wireless telecommunication support structures for small wireless facilities located outside the public right-of-way shall be set back from the property line of the lot on which they are located at a distance equal to, not less than, the total height of the facility, including the support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Town Planning Board and Town Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure.

(9) Visibility.

(a) All small wireless telecommunication facilities shall be sited so as to have the least adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the wireless telecommunications facilities sites.

(b) Both the small wireless telecommunication facility and any and all accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which they may be affixed and/or to harmonize with the natural surroundings.

(c) Small wireless telecommunication facilities shall not be artificially lighted or marked, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under federal, state and local laws, statutes, codes, rules or regulations.

(d) Electrical and land-based telephone lines extended to serve the wireless telecommunication services facility sites shall be installed underground.

(e) Stealth technologies shall be required to be employed in an effort to blend into the surrounding environment and minimize aesthetic impact.

(f) Landscaping shall be provided, if appropriate, and as required by the Town Planning Board and Town Board.

(10) Security. All small wireless telecommunication facilities, antennas, and supporting structure shall be located, fenced or otherwise secured in a manner that prevents unauthorized access.

(11) Recertification of small wireless facilities approval.

(a) At the five-year anniversary date after the effective date for the small wireless facility approval and for all subsequent fifth anniversaries of the effective date of the original approval for small wireless telecommunications facilities, the holder of the small wireless facility approval shall submit a signed written document with the following information to the appropriate Town department, confirming the compliance of the small wireless facility approval. Such submission shall include the following:

[1] The name of the holder of the small wireless facilities approval for the wireless telecommunications facilities.

[2] The date of the original granting of the small wireless facilities approval.

[3] Whether the small wireless facility has been modified since the issuance of the small wireless facilities approval and, if so, in what manner.

[4] Any requests for waivers or relief of any kind whatsoever from the requirements of this Subsection G and any requirements for small wireless facilities approval.

[5] Certification that the small wireless facilities are in compliance with the original small wireless facilities approval and in compliance with all applicable codes, laws, rules, regulations, and federal certification requirements, including but not limited to this Subsection G.

[6] Certification that the wireless telecommunications facility support structure, attachments and accessory equipment have been designed and constructed (as-built) and continue to meet all local, county, state and federal structural requirements for loads, including wind and ice loads. Such certification shall be by a qualified New York State licensed professional engineer.

(b) If the holder of a small wireless facility approval does not submit the certifications in Subsection G(11)(a) within the time frame noted in Subsection G(11)(a), then such small wireless facilities approval shall terminate and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use approval, or subsequent fifth anniversaries, unless the holder of the small wireless facilities approval adequately demonstrates to the Town Planning Board and Town Board that extenuating circumstances prevented a timely submission of such written certification. If the Town agrees that there were extenuating circumstances, then the holder of the expired small wireless facilities approval may submit a late recertification request or application for a new small wireless facilities approval.

(12) Fees. The applicant shall pay the Town the following fees:

(a) A $500 nonrecurring application fee, including a single up-front application that includes up to five small wireless facilities, with an additional $100 fee for each small wireless facility beyond five;

(b) A $1,000 nonrecurring application fee for a new pole (not a co-location) intended to support one or more small wireless facilities.

(c) A $270 per small wireless facilities annual fee per year for all recurring fees, including any possible right-of-way (ROW) access fee, fee for attachment to municipally owned structures in the ROW, the cost of Town licensing procedures as well as any annual inspection fees.

(13) Performance security for small wireless facilities. The applicant and the owner of record of any proposed small wireless facilities property site shall comply with any requirements set forth in the Town Code regarding the posting of security to a place a small wireless facility in the public right-of-way.

(14) Authority to inspect. In order to verify that the holder of a small wireless facilities approval and any and all lessees, renters, and/or licensees of small wireless facilities place and construct such facilities, including supporting structures, accessory equipment and antennas, in accordance with all applicable technical, safety, fire, building, and zoning laws, statutes, codes, rules, regulations and other applicable requirements, the Town may inspect at any time, upon providing reasonable notice, all facets, including placement, construction, modification and maintenance of such facilities, including, but not limited to, structures, antennas, accessory equipment and electromagnetic output.

(15) Liability insurance. An applicant for a small wireless facility shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the small wireless facilities permit in amounts as established by the Town. If the facility is on Town property or in the Town right-of-way, public liability insurance with a limit of liability of at least $1,000,000 must be provided and name the Town of Niagara as an additional named insured.

(16) Indemnification. Any approval for small wireless facilities that is proposed for Town property or in a public right-of-way, pursuant to this Subsection G, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted by law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town and its elected officials, officers, board members, employees, attorneys, agents and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use operation, maintenance, repair, installation, replacement, removal, or restoration of said facility; excepting, however, any portion of such claims, suits, demands, causes of action or award or damages as may be attributable to the negligent or intentional acts or omissions of the Town or its servants or agents. With respect to the penalties, damages or charges referenced herein, reasonable attorney's fees, consultant's fees, and expert witness fees are included in those costs that are recoverable by the Town.

(17) Annual NIER certification. The holder of any small wireless facilities approval shall annually certify to the Town that NIER levels at the site where a small wireless facility is located are within the threshold levels adopted by the FCC. In addition, the Town, at its own cost and expense, shall be permitted to conduct its own certification test of the NIER levels at the site where any small wireless facility is located, with or without notice to the wireless telecommunication provider. Once operational, but prior to providing service to customers, as-built readings will be provided to the Town.

(18) Default and/or revocation of small wireless facilities approval.

(a) If any small wireless facilities are constructed, repaired, rebuilt, replaced, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this Subsection G or of the small wireless facility approval conditions and requirements, or it is determined conclusively that the applicant made materially false or misleading statements during the application process, then the Building Inspector, or his or her designee, shall notify the holder of the small wireless facilities permit in writing of such violation. Such notice shall specify the nature of the violation or noncompliance, and the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this Subsection G, if the violation or noncompliance causes, creates or presents an imminent danger or threat to health or safety of lives or property, the Building Inspector or Code Enforcement Officer may, at their sole discretion, order the violation remedied within 24 hours.

(b) If within the period set forth in Subsection G(18)(a) above, the small wireless facilities are not brought into compliance with the provisions of this Subsection G, or of the approval, or substantial steps are not taken in order to bring the affected small wireless facilities into compliance, then the Town Board or the Building Inspector may revoke such small wireless facility approval and require removal of such small wireless facility pursuant to Subsection G(19) below.

(19) Removal.

(a) The Town may determine that the safety, public welfare, character and environment of the Town warrant and require the removal of small wireless facilities under the following circumstances:

[1] The small wireless facility has been abandoned (i.e., not used as wireless telecommunication facilities) for a period exceeding 90 consecutive days or a total of 180 days in any 365-day period, except for periods caused by force majeure or acts of God, in which case, repair or removal shall commence within 90 days;

[2] A permitted small wireless facility falls into such a state of disrepair that it creates a safety hazard;

[3] The small wireless facilities have been located, constructed, or modified without first obtaining, or in a manner not authorized by, the required small wireless facilities approval, or any other necessary authorization; or

[4] Any small wireless facility is determined to be in violation pursuant to Subsection G(18) above and fails to cure such violation within the time set forth in that subsection.

(b) If the Town makes a determination as noted in Subsection G(19)(a), then it shall notify the holder of the small facilities permit and the owner of the property, in writing, that said small wireless facilities are to be removed.

(c) The holder of the small wireless facilities approval or the owner of the property shall be required to dismantle and remove such small wireless facilities, and all accessory equipment and associated structures, from the site and return the site to its original condition and certify through soils or other testing that no contamination has been created by the facility, such restoration being completed, limited only by physical or commercial impracticability, within 90 days of receipt of written notice from the Town to remove such small wireless facilities. However, if the owner of the property upon which the small wireless facilities are located wishes to retain any access roadway to the small wireless facilities, the owners may do so with the approval of the Town.

(d) If the small wireless facilities are not removed or substantial progress has not been made to remove the small wireless facilities within 90 days after the holder of small wireless facility approval has received such written notice of removal, then the Town may remove the small wireless facilities at the sole expense of the property owner and small wireless facility approval holder.

(e) If the Town removes or causes to be removed the small wireless facilities, and the owner of the wireless telecommunication facilities does not claim and remove them to a lawful location within 10 days, then the Town may take steps to declare the small wireless facilities abandoned and dispose of or sell them and their components and retain the proceeds therefrom. The Town may also cause the costs associated with the removal and disposal of the small wireless facilities to be assessed against the property in the same manner as a tax or assessment.

(20) Additional requirements relating to small cell wireless facility approval. Noncommercial usage exemption. Town residents utilizing satellite dishes, citizen and/or band radios, and antennas for the purpose of maintaining television, phone, and/or internet connections at their residences shall be exempt from the regulations relating to small wireless facilities enumerated in this Subsection G.

(21) Regulations applicable to small cell facility approvals in the public right-of-way.

(a) In addition to the applicable small wireless facility requirements listed in this Subsection G, all small wireless facilities located in the public right-of-way shall be required to comply with the following regulations and obtain a right-of-way permit from the Town Board as set forth in the Town Code:

[1] Location. Small wireless facilities in the public right-of-way shall be co-located on existing wireless telecommunications facilities, whenever possible. If co-location is not technologically feasible, the applicant shall locate its small wireless facility on existing utility poles or other structures that do not already act as wireless telecommunication facility support structures.

[2] Design requirements:

[a] All equipment shall be the smallest and least visibly intrusive equipment feasible.

[b] Antenna and accessory equipment shall be treated to match the supporting structure and may be required to be painted, or otherwise coated, to be visually compatible with the support structure upon which it is mounted.

[3] Equipment location. Small wireless facilities and any accessory equipment in the public right-of-way shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the public right-of-way as determined by the Town. In addition:

[a] In no case shall ground-mounted accessory equipment, walls, or landscaping be located within 18 inches of the face of the curb, or within four feet of the edge of the car way, or within an easement extending into a privately owned lot;

[b] To the extent feasible, accessory equipment shall be placed underground. Ground-mounted accessory equipment that cannot be placed underground shall be screened from surrounding views, to the fullest extent possible, through the use of landscaping or other decorative features to the satisfaction of the Town. Ground-mounted accessory equipment shall be screened, when possible, by utilizing existing structures. If screening by utilizing existing structures is not possible, ground-mounted accessory equipment shall be made architecturally and aesthetically compatible with the surrounding area through the use of coatings, landscaping, and/or screening walls, enclosures or other stealth technology to the satisfaction of Town.

[c] Required electrical meter cabinets shall the screened to blend in with the surrounding area to the satisfaction of the Town.

[d] Any graffiti on any small wireless facility support structure or any accessory equipment shall be removed within 30 days upon notification by the Town at the sole expense of the owner.

[e] Any proposed underground vault related to small wireless facilities shall be reviewed and approved by the Town.

[f] Accessory equipment attached to the small wireless facility support structure shall have such vertical clearance as the Town may determine.

[4] Relocation or removal of small wireless facilities in the public right-of-way. In addition to the removal provisions set forth in Subsection G(19) above, within 90 days following written notice from the Town, or such longer period as the Town determines is reasonably necessary, or such shorter period in the case of an emergency, an owner of a small wireless facility and any accessory equipment in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, or change the position of any small wireless facility or accessory equipment when the Town, consistent with its police powers and any applicable regulations, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:

[a] To construct, repair, maintain or install any Town or other public improvement located in the public right-of-way;

[b] To prevent the interference with the operations of the Town, or other governmental entity, in the public right-of-way;

[c] Abandonment of a street or road or the release of a utility easement; or

[d] An emergency as determined by the Town Board.

(22) Reimbursement for the use of the public right-of-way. In addition to application fees for small wireless facility approval, every small wireless facility located in the public right-of-way is subject to the Town's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. Such compensation for use of the public right-of-way shall be directly related to the Town's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervision and other public right-of-way management activities by the Town. The owner of each small wireless facility permit shall pay an annual fee to the Town to compensate the Town for the Town's costs incurred in connection with the activities described above as determined by the Town Board and as set forth in Subsection G(12) above which may be amended in the future by Town Board resolution to reflect changes in costs of administration and oversight.

(23) Waiver. The Town of Niagara Town Board may, in its sole discretion, waive any of the requirements of these regulations.

[4] Editor's Note: This local law also redesignated former Subsections G and H as Subsections H and I, respectively.

H. Churches, schools, parks and public buildings. The site plan shall address traffic circulation and parking. All applicable state permits shall be obtained prior to final Town Board approval.

I. Home professional occupations. In any residential district, home professional occupations, as defined in this code, shall additionally conform to the following use limitations:

(1) A home professional occupation may only be conducted within a dwelling which is the place of domicile of the principal practitioner of the occupation.

(2) Not more than one such home professional occupation may occur on a single residential premises.

(3) The home professional occupation activity shall occupy no more than 100 square feet of gross floor area or 25% of the gross floor area of the dwelling to which the home occupation use is accessory, whichever shall be more restrictive.

(4) No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a dwelling.

(5) No persons other than members of the household occupying such dwelling shall be employed in the conduct of the home professional occupation.

(6) There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession or trade.

(7) The Town Board may deny the permit if construction of off-street parking is required.

(8) In making its determinations, the Town Board shall consider the cumulative impact of any home professional occupations previously allowed at the property in question.

(9) The Town Board may limit the term of a home professional occupation special permit or place such other conditions upon its issuance as it deems appropriate.

(10) There shall be no exterior signs.

J. Regulation of transient or short-term rentals.

[Added 1-17-2023 by L.L. No. 1-2023]

(1) Agricultural and residential districts.

(a) No new transient or short-term rental shall be permitted in the agricultural and residential districts within the Town.

(b) Notwithstanding any other law or provision of the Town Code to the contrary, preexisting transient or short-term rentals in the agricultural and residential districts shall be considered legal nonconforming uses, and may continue to operate as such for an amortization period of one year from the date of passage of Local Law No. 1 of 2023, after which such uses shall be prohibited.

(2) Business and industrial districts.

(a) New transient or short-term rentals are permitted in the business and industrial districts, subject to obtaining a special use permit and site plan approval from the Town Board, after review and recommendation by the Planning Board.

(b) Applicants for a special use permit and site plan approval for a transient or short-term rental use must comply with Article IX, Special Permits, and Appendix B, (Site Plan Requirements,) of this chapter. Special use permits granted by the Town Board for transient or short-term rentals in the business and industrial districts shall only be valid for one year and must be annually reviewed for renewal by the Town Board, pursuant to § 245-40 of this chapter.