Certain uses listed in the Webster Town Code require a special
use permit to be issued by the Planning Board. No such use shall be
established, and no building permit therefor shall be issued, until
such special use permit is granted by the Planning Board as set forth
in this chapter. All such uses are hereby declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case. A special use permit shall be deemed to authorize
only one special use.
Pursuant to Town Law § 274-b, the Planning Board is hereby empowered to review special use permit applications for special uses as provided in Chapter
350.
The Planning Board shall issue a special use permit only upon
a finding that each and all of the following conditions are met:
A. Uses permitted will be in general
harmony with and promote the general purposes and intent of the most
recent Comprehensive Plan of the Town and the Zoning Ordinance.
B. Impact on district. The location
and size of the use, the nature and intensity of the operations involved
in or conducted in connection with it, the size of the site in relation
to it, and the location of the site with respect to streets giving
access to it shall be such that it will be in harmony with the appropriate
and orderly development of the district in which it is located.
C. Adjacent properties. The location,
nature and height of buildings, walls and fences and the nature and
extent of the landscaping of the site shall be such that the use will
not hinder or discourage the appropriate development and use of adjacent
land and buildings.
D. Impacts on neighboring properties.
Operation in connection with the special use shall not cause more
severe impacts to nearby properties by reason of noise, fumes, orders,
vibrations, flashing lights or other operational characteristics than
would the operations of any permitted use not requiring a special
use permit.
E. Impact on surrounding properties.
The nature, duration, and intensity of the operations which are involved
in connection with the proposed use will be in harmony with nearby
uses and will not alter the essential character of the neighborhood
or be detrimental to the residents thereof. The proposed special use
provides sufficient landscaping and/or other forms of buffering to
protect surrounding land uses.
F. Traffic. The use shall not cause
undue traffic congestion or create a traffic hazard.
G. Parking. Parking areas shall
be of adequate size for the particular use, properly located and suitably
screened from adjoining residential uses, and the entrance and exit
drives shall be laid out so as to achieve maximum safety.
H. Services. The use shall be appropriately
located with respect to transportation facilities, water supply, fire
and police protection, waste disposal and similar facilities.
I. SEQRA. All requirements of SEQRA
shall be met.
J. Additional standards. Special
uses shall also be subject to any and all applicable local, state
or federal laws, codes, rules or regulations.
K. Additional standards or requirements
that the Planning Board may reasonably request.
The Planning Board shall have the authority to impose such reasonable
conditions and restrictions as it may deem necessary prior to approving
any special use permit application in order to protect the public
health and safety, quality of the Town's natural resources and value
of property. The Planning Board shall have the authority to grant
special use permits for a period of years, having a minimum period
of one year to a maximum period of five years, which shall be subject
to periodic inspections by the Code Enforcement Officer. If all operations
undertaken pursuant to any special use permit issued hereunder have
been conducted in full compliance with the terms of such permit and
all provisions of this chapter, such permit shall be renewed by the
Planning Board for a period with the same number of years it was initially
issued. At least 10 days before and no more than 20 days prior to
taking any such renewal action, the Planning Board shall cause a notice
to be published in the official Town newspaper and cause to be posted
on the official sign board a notice of proposed renewal and a statement
indicating the property affected and the nature of the activity to
be permitted. All rules and regulations in effect at the time renewal
is granted shall apply to the renewal of the special use permit in
the same manner as would a new or original special use permit which
is issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon reasonable notice to the applicant, the Commissioner of Public Works or his/her division head, agent or designee has the authority to conduct a site visit. The purpose of said site visit is to ensure that the use is being operated in accordance with this chapter and the conditions specified by the Planning Board. If the Commissioner of Public Works or his/her division head, agent or designee determines that a violation of this chapter or of the conditions imposed by the Planning Board exists, the revocation procedures of §
269-38 of this chapter shall be invoked. Refusal to allow an inspection shall be considered grounds for revocation.
The nature, duration and intensity of the operations which are
involved in or conducted in connection with any use for which a special
use permit has been granted shall not be increased or expanded without
the approval of the Planning Board. Any expansion of a use which requires
a special use permit shall be considered at a public hearing held
in accordance with the application requirements and administrative
procedures which have been adopted by the Planning Board.
No special use permit shall be issued for a
special use for a property where there is an existing violation of
any code of the Town of Webster.