Certain uses in the Webster Town Code require a special use
permit to be issued by the Webster Town Board. No such uses shall
be established, and no building permit therefor shall be issued, until
such special use permit is granted 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.
The Town Board may 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, odors,
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. 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 Town Board may reasonably request.
L. Additional standards for special
use permits in WD District.
(1) The proposed use must be
compatible with any of the other zoning laws of the Town of Webster.
(2) The proposed use must not
destroy or adversely impact significant historic and/or cultural resource
sites.
(3) The proposed use must not
require an unnecessary or destructive amount of dredging, filling
or other disturbance of the waters of Irondequoit Bay or Lake Ontario.
(4) The proposed use must provide
public access to the shore zone to the extent possible and desirable
given the nature of the site and proposed use.
[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 Town 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 special use permit conditions exists, the revocation procedures of §
269-26 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 Town 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 Town Board.
No application for a Town Board special use permit shall be
accepted for a property where there is an existing violation of any
code of the Town of Webster.