[Amended 4-12-2022 by L.L. No. 9-2022; 4-12-2022 by L.L. No. 10-2022; 10-25-2023 by L.L. No. 10-2023; 7-31-2024 by L.L. No. 4-2024; 2-6-2025 by L.L. No. 1-2025; 4-10-2025 by L.L. No. 6-2025]
In considering an application for a special use permit, in addition to the factors set forth at §
295-54, the following additional provisions will apply to the following specified uses, including that the Town Board shall also consider the following additional factors when making its decision.
A. Restaurants.
(1) Generally. A special use permit for a restaurant shall specify which operational subtypes are permitted in association with such restaurant. Only those subtypes approved as part of the special use permit are permitted in association with the subject restaurant.
(2) Operational subtypes:
(d) Outdoor seating (per site plan).
(e) Bands, DJs, or other similar loud entertainment.
(3) Changes. A new restaurant using the existing space of a preexisting restaurant may continue under the preexisting special use permit so long as the preexisting special use permit contains the operational subtypes that the new restaurant will employ. Should a new or existing restaurant wish to modify the permitted subtypes of a special use permit, it may apply for a new or amended special use permit.
(4) Additional special use permit factors. In considering a special use permit for a restaurant, the Town Board shall additionally consider how the §
295-54 special use permit factors apply given the requested operational subtypes.
B. Cannabis retail dispensaries.
(1) State approvals. Any approval of a cannabis retail dispensary shall be conditioned upon proof of any required state or other governmental approvals, including but not limited to licensure by the Cannabis Control Board.
(2) Increased buffer.
(a) Cannabis retail dispensaries may be established no less than 1,000 feet from any: a) school or school grounds; b) park or playground; c) church/house of worship; d) residence; or e) business which is primarily focused on providing services/products to children, including, for example, child-care facilities or recreational facilities with a significant youth component. Whether a use qualifies as one of the aforementioned, and thus requires an increased buffer, shall be assessed by the Town Board as part of the special use permit process. Such 1,000-foot setback shall be measured from the closest portion of the dispensary premises (inclusive of the dispensary building or leased tenant space, as well as any exterior portions where the actual dispensing might take place, such as outdoor sales locations or a drive through window) to the nearest portion of the buffered use (inclusive of, for example, outdoor spaces utilized by schools, for parks, etc.).
(b) This buffer requirement may be reduced by the Town Board by up to any lesser minimums otherwise required by the state. In considering whether the reduction may be appropriate and the extent to which it may be reduced, the Town Board shall consider: whether there is a sufficient physical barrier between the dispensary and the buffered use; whether and to what extent advertising, signage, and/or other activity associated with the same which would be visible from the buffered use; and to what extent any reduced buffer might otherwise negatively impact the buffered use.
(3) In no event shall any buffer be any less than otherwise required by state law or any other governmental agency with jurisdiction over the dispensary.
(4) Additional special use permit factors. In considering a special use permit for a cannabis retail dispensary, the Town Board shall additionally consider how the §
295-54 special use permit factors apply specifically to any surrounding properties within a 250-foot distance, measured door-to-door. When measuring door-to-door, the nearest doors shall be used (not including emergency exit only doors).
C. Specialty motor vehicle limited showroom/sales.
(1) Limited volume and size and consistency with Industrial District. Specialty motor vehicle limited showroom/sales operations are to be smaller scale specialty sales operations which are significantly limited in sales volume, size of operation and scope of products offered, especially as compared to traditional car dealerships. In addition, and consistent with the aforementioned, they shall be limited in use intensity to be consistent with the industrial nature of the industrial district within which they are located (e.g., they are not intended to be a high-traffic retail area). Thus, the volume of expected sales activity and resultant use intensity and traffic shall be materially less than that of a typical car dealership and shall also generally be consistent with the industrial character of the surrounding area. In considering these issues, the Town Board shall consider (and may impose conditions relating to) but is not limited to considering the following: whether the number of vehicles for sale kept at the property is sufficiently limited, whether the number of demonstration/showroom vehicles kept at the property is sufficiently limited, whether activity associated with transportation and delivery of vehicles to the site is controlled and sufficiently limited, whether the size of the parking/storage area on the site is sufficiently limited, and whether the range/types of vehicles to be sold at the property is sufficiently limited, etc.
D. Air-supported dome structures.
(1) Any special use permit granting approval for an air-supported dome structure shall include, but not be limited to the following conditions:
(a) The proposed dome shall:
[1] Be at least 1,000 feet from the nearest residential zoned area containing single-family homes.
[2] Be at least 1,000 feet from the nearest air-supported dome structure.
[3] Comply with New York State building and fire codes.
[4] Be for sports, recreation, or entertainment use only.
(b) The proposed dome must comply with existing height regulations, unless otherwise permitted by special use permit.
(c) Smoking shall be prohibited and adequate signs posted.
(d) Any other reasonable condition imposed by the Town Board.
(2) The provisions of this subsection shall not apply to any lawful or approved air-supported dome structure existing prior to the effective date of this subsection; however, no air-supported dome structure shall be modified unless in conformity with this subsection.
E. Split-zoned parcels/split-zone special use permit. A split-zone special use is a specially permitted use which permits a parcel comprised of multiple zoning districts (i.e., a "split-zoned" parcel) to be treated for zoning purposes as if it were zoned entirely as a single designated zoning district present on the parcel (thus permitting all uses of such designated district across the entire parcel). For a parcel comprised of multiple zoning districts (as of the date of this Local Law), a "split-zone special use" may be permitted in any zoning district in Town in accordance with and as set forth herein, subject to issuance of a special use permit by the Town Board.
(1) Generally. Where a split-zone special use permit is issued, the entire subject parcel shall be treated for zoning purposes as if it were zoned as the single designated zoning district, all in accordance with this subsection.
(2) Default zoning as mapped. Where no split-zone special use permit is issued, a split-zoned parcel shall be treated in accord with the applicable zoning districts as mapped - e.g., the portion of the parcel zoned ILCD shall be treated in accordance with ILCD, and the portion of the parcel zoned B-1 shall be treated in accordance with B-1.
(3) Two zoning districts. Where a parcel spans exactly two zoning districts, the entire parcel may be treated consistent with any single zoning district which covers at least 40% of the parcel, subject to issuance of a split-zone special use permit in accordance herewith. In this case, for purposes of this chapter, the entire parcel shall then be treated as if its zoning is entirely comprised of the designated 40+% zoning district.
(4) Three or more zoning districts. Where a parcel spans three or more zoning districts, the entire parcel may be treated consistent with any single zoning district which covers at least 30% of the parcel, subject to issuance of a split-zone special use permit in accordance herewith. In this case, for purposes of this chapter, the entire parcel shall then be treated as if its zoning is entirely comprised of the selected 30+% zoning district.
(a) Where no zoning district meets the 30% threshold in this case, then the designation may be made by selecting a zoning district which covers the largest or second largest area of the subject parcel, subject to issuance of a split-zone special use permit in accordance herewith. In this case, the entire parcel shall then be treated as if its zoning is entirely comprised of the selected largest or second largest zoning district.
(5) Shared district subtypes. Where a split-zoned parcel contains zoning districts that are of the same subtype (e.g., R-1-20 and R-2-15 are both "residential" districts), the districts of the same subtype may be treated as a single zoning district for purposes of reaching any threshold herein.
(6) Preexisting zoning conditions/specifics. In considering the issuance of a split-zone special use permit, the Town Board shall address any existing zoning conditions (also sometimes referred to as "specifics"), as follows:
(a) If the designated zoning district contains conditions/specifics, those conditions/specifics shall generally be applied to the entire parcel. However, the Town Board may waive the application of the same against the remainder of the parcel (i.e., the area of the parcel which was not originally subject to such conditions/specifics) where it finds that the application of such conditions/specifics to the remainder of the parcel would not further the intent of such conditions/specifics and/or would not otherwise represent a material benefit to the general welfare of the Town given the split-zone special permit use.
(b) If a non-designated district contains conditions/specifics, then those conditions/specifics shall generally continue to apply against the non-designated district area. However, the Town Board may waive the application of the same where it finds that continued application of the conditions/specifics would not further the intent of the same and/or would not otherwise represent a material benefit to the general welfare of the Town given the split-zone special permit use.
(7) Effect of split-zone special use permit. Where a split-zone special use permit is issued, the entire parcel will then be treated as entirely zoned in accord with the singular designated zoning district - the parcel may not then continue to make use of any other zoning districts unless the associated split-zone special use permit is terminated.
(8) Termination of split-zone special use. Should one seek to return to the original zoning of the parcel, a special use permit application shall be made to the Town Board to terminate the existing split-zone special use permit. In such a case, the Town Board may condition such approval on discontinuance of uses that would not otherwise be permitted pursuant to the underlying zoning but for the issuance of a split-zone special use permit.
(9) Subsequent subdivision of parcel with a split-zone special use.
(a) Subdivision of a split-zone special use permit shall require termination of the subject permit, and no nonconforming uses shall be created due to the subdivision of a parcel with a split-zone special use permit. As such, where a parcel which has received a split-zone special use permit is proposed for subdivision, each of the parcels (and their associated uses) resulting from such subdivision shall:
[1] Be zoning compliant with the underlying district; or
[2] Qualify for, apply for and receive a split-zone special use permit to continue existing uses which would require such permit; or
[3] Otherwise terminate the split-zone use permit and associated uses to the extent they were permitted under a preexisting split-zone use permit and would no longer qualify under the proposed subdivision.
(b) Should a resultant parcel not meet one of the above, then the subdivision shall not be permitted.
(10) No use of split-zone special use to circumvent rezoning. A subdivision or combination of parcels shall not be utilized to manipulate districting percentages in order to achieve thresholds herein, such as to avoid the requirement to rezone or to permit development that would not otherwise be permitted pursuant to the presubdivision or precombination parcel(s).
F. Smoke shops.
(1) Increased buffer.
(a) Smoke shops may only be established no less than 1,000 feet from any a) school or school grounds, b) park or playground, c) church/house of worship, d) residence, or e) business which is primarily focused on providing services/products to children, including, for example, child-care facilities or recreational facilities with a significant youth component. Whether a use qualifies as one of the aforementioned, and thus requires an increased buffer, shall be assessed by the Town Board as part of the special permit process. Such 1,000-foot setback shall be measured from the closest portion of the premises (inclusive of the building or leased tenant space, as well as any exterior portions where the actual sales might take place, such as outdoor sales locations or a drive-through window) to the nearest portion of the buffered use (inclusive of, for example, outdoor spaces utilized by schools, for parks, etc.).
(b) This buffer requirement may be reduced by the Town Board by up to any lesser minimums otherwise required by the state. In considering whether the reduction may be appropriate and the extent to which it may be reduced, the Town Board shall consider: whether there is a sufficient physical barrier between the establishment and the buffered use; whether and to what extent advertising, signage, and/or other activity associated with the same which would be visible from the buffered use; and to what extent any reduced buffer might otherwise negatively impact the buffered use.
(2) Additional special permit factors. In considering a special permit for a smoke shop, the Town Board shall additionally consider how the §
295-54 special permit factors apply specifically to any surrounding properties within a 250-foot distance, measured door-to-door. When measuring door-to-door, the nearest doors shall be used (not including emergency exit only doors).
G. Cannabis production facility.
(1) State approvals. Any approval of a cannabis production facility shall be conditioned upon proof of any required state or other governmental approvals, including but not limited to licensure by the Cannabis Control Board.
(2) Increased buffer.
(a) Cannabis production facilities may be established no less than 1,000 feet from any: a) school or school grounds; b) park or playground; c) church/house of worship; d) residence; or e) business which is primarily focused on providing services/products to children, including, for example, child-care facilities or recreational facilities with a significant youth component. Whether a use qualifies as one of the aforementioned, and thus requires an increased buffer, shall be assessed by the Town Board as part of the special use permit process. Such 1,000-foot setback shall be measured from the closest portion of the facility premises (inclusive of the facility building or leased tenant space, as well as any exterior portions where the actual production might take place, such as outdoor sales locations or a drive-through window) to the nearest portion of the buffered use (inclusive of, for example, outdoor spaces utilized by schools, for parks, etc.).
(b) This buffer requirement may be reduced by the Town Board by up to any lesser minimums otherwise required by the state. In considering whether the reduction may be appropriate and the extent to which it may be reduced, the Town Board shall consider: whether there is a sufficient physical barrier between the facility and the buffered use; whether and to what extent advertising, signage, and/or other activity associated with the same which would be visible from the buffered use; and to what extent any reduced buffer might otherwise negatively impact the buffered use.
(3) In no event shall any buffer be any less than otherwise required by state law or any other government agency with jurisdiction over the facility.
(4) Odor control.
(a) Minor cannabis production facilities must implement stringent odor control measures such that the odor is minimally detectable outside the production facility. Such measures for consideration include active odor elimination systems as well as not allowing the cannabis plants to flower.
(b) Major cannabis production facilities must implement enough odor control measures to not create noxious, offensive, or injurious odor emissions.
(5) Additional special use permit factors. In considering a special use permit for a cannabis production facility, the Town Board shall additionally consider how the §
295-54 special use permit factors apply specifically to any surrounding properties within a 250-foot distance, measured door-to-door. When measuring door-to-door, the nearest doors shall be used (not including emergency exit-only doors).
H. Nonconforming uses.
(1) A legal preexisting nonconforming use may be reconstructed, replaced, or demolished and replaced provided that the construction begins within 12 months of when the building was demolished, destroyed, or otherwise made uninhabitable, upon issuance of this special use permit. The Town Board may impose conditions designed to ensure that the proposed reconstruction or use is more consistent with the character of the surrounding neighborhood and has less adverse impacts than the use or structure it is replacing.
(2) A legal preexisting nonconforming use may be modified or changed to a different nonconforming use within the footprint of the existing structure or site plan upon issuance of a special use permit by the Town Board. The Town Board shall issue the special use permit only upon a finding that the proposed use is more consistent with the character of the surrounding neighborhood and has no greater adverse impacts than the use it replaces.
(3) A legal preexisting nonconforming use may be expanded or extended upon issuance of a special use permit by the Town Board. The Town Board may place limitations on the expansion or extension related to intensity of the use and capacity of structures or buildings. This special use permit shall be issued only upon a finding by the Town Board, as demonstrated by the applicant, that practical difficulties prevail in operating the premises or structure in its presently existing nonconforming manner and that the proposed extension or remodeling of the use or any structure would constitute a reasonable adjustment of the existing nonconforming use. The applicant has the burden of proving the practical difficulties and of establishing that the expansion or extension will not negatively alter the character of the neighborhood or create additional adverse impacts. The Town Board may also require that the applicant provide a community benefit agreement as a condition of the approval.