[Amended 8-24-1994; 9-28-2020; 6-13-2022 by L.L. No. 2-2022]
A.
General provisions.
(1)
The special uses for which conformance with additional standards is required shall be deemed to be permitted uses in their respective districts if they satisfy the special requirements and standards set forth in this Article V as well as all the other requirements and restrictions set forth for each special use.
(2)
All special uses are hereby declared to possess characteristics of
such a unique and special form that each specific use shall be considered
as an individual case.
B.
Required site plan review. All applications for a special use permit
shall be subject to site plan review, which shall include environmental
review (SEQR) and a public hearing, as required under § 245-54.
See § 245-54, Site plan review; performance and design standards.
C.
Procedure.
(1)
Application for a special use permit shall be made to the Town Board,
in writing, on the appropriate forms provided by the Town, accompanied
by a filing fee as shall be as described in the Town of Pendleton
Fee Schedule, adopted by the Town Board by resolution, as may be amended
from time to time.
(2)
Applications for a special use permit shall be reviewed by the Planning
Board, which shall report its findings on the application to the Town
Board.
(3)
Hearing and decision. Following receipt of the Planning Board's
report, the Town Board shall hold a public hearing on an application
for a special use permit within 62 days of receiving the application,
publicly noticed in a printed newspaper of general circulation in
the Town at least five days' prior to the hearing.
(4)
The Town Board shall decide on such application within 62 days of
the public hearing. The Town Board and applicant may mutually consent
to extension of these time limits. The Town Board will either approve,
approve with modifications, or deny the application, based on the
standards listed below, and attach any conditions it deems necessary.
The Town Board must file its decision with the Town Clerk within five
days.
(5)
A special use permit issued by the Town Board is subject to an annual review by the Town Board to ensure that all the provisions in this § 247-16 are being adhered to. The Town Board will have discretion to revoke the special use permit due to noncompliance and establish a time frame to correct the violation(s).
(6)
A special use permit shall expire if the special use shall cease
for more than six months for any reason.
D.
General standards. The following standards apply to all special uses:
(1)
The location and size of the special use, the nature and intensity
of the operations involved, and the location and size of the site
with respect to the existing or future streets giving access to it
shall be in harmony with the orderly development of the zoning district.
(2)
The location, nature, and height of buildings, walls, and fences
shall not discourage the appropriate development and use of adjacent
land and buildings nor impair the value of such adjacent land or buildings.
(3)
Operations in connection with any special use shall not be more objectionable
to nearby properties by reason of noise, fumes, vibration, or light
than would be associated with the operations of any other permitted
use in the zoning district.
E.
Conditions. In granting a special use permit, the Town Board may
attach such conditions and safeguards as it deems appropriate under
this chapter. Issuance of a special use permit shall be deemed to
authorize only one specific special use. The special use permit is
revocable for violation of the terms under which it was granted.
F.
Referral to Niagara County Planning Board.
(1)
A referral shall be made to the Niagara County Planning Board at
least 10 days before holding a public hearing on a special use permit
application affecting real property within 500 feet of the following:
(a)
A boundary of the Town;
(b)
The boundary of any existing or proposed county or state park
or other recreation area;
(c)
The right-of-way of any existing or proposed county or state
parkway, thruway, expressway, road or highway;
(d)
The existing or proposed right-of-way of any stream or drainage
channel owned by the county (or for which the county has established
channel lines);
(e)
The existing or proposed boundary of any county- or state-owned
land on which a public building or institution is situated; or
(f)
The boundary of a farm operation located in an agricultural
district, as that term is defined by Article 25-AA of the Agriculture
and Markets Law, except this Subsection D(1)(f) shall not apply to
granting of area variances.
(2)
Within 30 days after receipt of a full statement of such referred
matter, the Niagara County Planning Board or an authorized agent of
the Niagara County Planning Board shall report its recommendations
to the Town Board, accompanied by a full statement of the reasons
for such recommendations. If the Niagara County Planning Board fails
to report within such thirty-day period, or within a longer period
as may have been agreed upon by it and the Town Board, the Town Board
may act without such report. If the Niagara County Planning Board
disapproves the proposal or recommends modification thereof, the Town
Board shall not act contrary to such disapproval or recommendation,
except by a vote of a majority plus one of all the members of the
Town Board and after the adoption of a resolution fully setting forth
the reasons for such contrary action.
(3)
Within seven days after final action on a referral by the Town Board,
the Town Board shall file a report of the final action with the Niagara
County Planning Board.
