The Planning Board is hereby authorized to act on proposed special
exception uses which are specifically provided for in this chapter.
Such action may include approval, conditional approval, or disapproval
based on the standards set forth in this article.
A.
The Planning Board shall adopt and file in the Municipal Clerk's
office such rules of procedures as it may deem necessary to the proper
exercise of its responsibilities with respect to special exception
uses.
B.
Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals in § 270-13.2. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
C.
All matters which are the subject of a mandatory referral or notice
to other agencies, as set forth in the enabling statutes and in §§ 239-l
and 239-m, Article 12-B of the General Municipal Law, shall be transmitted
to the appropriate agencies by the Secretary of the Planning Board
in accordance with the provisions of those sections.
D.
The Secretary of the Planning Board shall keep minutes of the Board's
proceedings showing the vote of each member upon every question, or
if absent or failing to vote, indicating such fact. The Secretary
shall also keep records of examinations and official actions, all
of which shall be immediately filed in the office of the Planning
Board and shall be a public record. Each decision of the Planning
Board with respect to the approval of a special exception use shall
be so stated and documented as to provide a definitive authorization
to the Building Inspector for issuing a building permit or certificate
of occupancy.
E.
A site plan for any proposed special exception use in any district
where authorized shall be submitted to the Planning Board for approval
prior to authorization by the Planning Board for the issuance of a
building permit.
F.
A special exception authorization by the Planning Board for the issuance
of a building permit shall expire within 90 days of such authorization
in the event that such permit shall not be applied for within such
ninety-day period. Extension of such authorization may be granted
by the Planning Board for additional ninety-day periods.
G.
A special exception use, for which a building permit is authorized
by the Planning Board pursuant to the provisions of this article,
shall be construed to be a conforming use.
H.
Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of § 270-14.10.
I.
The fee for special exception use applications to the Planning Board
shall be as established by resolution of the Town of Newfane Town
Board and filed in the Building Office.
[Amended 5-26-1999]
For every such special exception use the Planning Board shall
determine that:
A.
Such use will be in harmony with and promote the general purposes and interest of this chapter as stated in Article I.
B.
The plot area is sufficient, appropriate, and adequate for the use
and the reasonably anticipated operation and expansion thereof.
C.
The proposed use will not prevent the orderly and reasonable use
of adjacent properties in adjacent use districts.
D.
The site is particularly suitable for the location of such use in
the community.
E.
The characteristics of the proposed use are not such that its proposed
location would be unsuitably near to a church, school, theater, recreational
area, or other place of public assembly.
F.
The proposed use, particularly in the case of a non-nuisance industry,
conforms with this chapter definition of the special exception use
where such definition exists, or with the generally accepted definition
of such use where it does not exist in this chapter.
G.
Access facilities are adequate for the estimated traffic from public
streets and sidewalks, so as to assure the public safety and to avoid
traffic congestion; and further that vehicular entrances and exits
shall be clearly visible from the street and not be within 75 feet
of the intersection of street lines at a street intersection except
under unusual circumstances.
H.
All proposed curb cuts have been approved by the street and/or highway
agency which has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article X, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where necessary
to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection and disposal
of stormwater runoff from the site, and of sanitary sewage, refuse,
or other wastes, whether liquid, solid, gaseous or of other character.
No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 270-8.3, the proposed special exception use also meets the special conditions and safeguards required in this section.
A.
Auditorium meeting hall.
C.
Automobile laundry.
(1)
The lot area shall be not less than 20,000 square feet, and
shall have a minimum frontage of 150 feet along a major street or
highway.
(2)
No church, school, library, playground, or similar place of
public assembly shall be within 500 feet of the site.
(3)
Storage area for vehicles waiting for service shall be provided
on site and shall not occur on a public street or highway. Not more
than five motor vehicles shall be stored outdoors overnight.
(4)
An automobile laundry shall not provide other than washing,
waxing, simonizing, or similar treatment services.
(5)
Outdoor storage and display of accessories, portable signs,
and outdoor repair work shall be prohibited at all times. Premises
shall not be used for the sale, rent or display of automobiles, trailers,
mobile homes, boats, or other vehicles.
D.
Boatyard; boat storage.
(1)
Street access through a residential district and into the site
shall be adequate for the indicated traffic, and shall not permit
trucking that might damage street improvements or deteriorate the
residential character of the area.
(2)
Accessory service functions of the boatyard may include the
provision of fuel and boatyard supplies, repairs for recreational
boating, and boat rental.
(3)
In addition to any other applicable off-street parking requirements,
one off-street parking space shall be provided for each boat berth
or mooring.
(4)
Particular attention shall be given to the compatibility of
the appearance of the proposed facility with the natural scenery.
There shall be only one sign visible from the water side that shall
be limited to an area and lighting intensity sufficient to provide
basic identification of the boatyard's location to passing boats.
A second sign not exceeding six square feet in area may be placed
at the land entrance to the boatyard site. Intermittent or flashing
lights and moving or animated signs are prohibited.
F.
Eating establishment, drive-in, open-front or curb service.
(1)
Vehicular entrances and exits shall be shall be controlled by
curbing.
(2)
There shall be adequate off-street parking and loading space
to serve the proposed use, paved with a durable hard-surface material.
(3)
There shall be adequate provision for disposal of trash and
refuse left on the premises.
(4)
There shall be either a suitable fence landscape planting screen
along side and rear lot lines.
G.
Filling station.
(1)
The lot area shall not be less than 20,000 square feet, and
shall have a minimum frontage along the principal street or highway
of at least 150 feet.
(2)
No church, school, library, playground, or similar place of
public assembly shall be within 500 feet of the site.
(3)
All pumps, and lubricating and other devices shall be located
at least 25 feet from any building, structure, or street line.
(4)
Entrance or exit driveways shall be located at least five feet
from any side or rear property line. Such driveways shall be so laid
out as to avoid the necessity of any vehicle backing across any right-of-way.
(5)
The area devoted to the outdoor storage of motor vehicles or
parts thereof, or to purposes of dismantling, shall be screened from
view of persons on adjacent streets by enclosing such area within
a solid fence eight feet high, or such area shall be located inside
a building. Not more than five motor vehicles shall be stored outdoors
overnight.
(6)
Outdoor storage of other than motor vehicles shall be prohibited
at all times. Premises shall not be used for the sale, rent, or display
of automobiles, trailers, mobile homes, boats, or other vehicles.
H.
Funeral home.
(1)
The lot shall have a minimum frontage of 200 feet on a major
street or highway.
(2)
Off-street parking areas and similar service areas or buildings
shall be set back at least 20 feet from all lot lines.
(3)
Landscape screening shall be provided to prevent headlights
shining or glaring into residential use districts.
J.
Marina or boat ramp, commercial.
(1)
Streets across through a residential district and into the site
shall be adequate for the indicated traffic, and shall not permit
trucking that might damage street improvements or deteriorate the
residential character of the area.
(2)
Accessory service functions of the marina may include the provision
of fuel and marine supplies, repairs for recreational boating, and
boat rentals.
(3)
In addition to any other applicable off-street parking requirements,
one off-street parking space shall be provided for each boat berth
or mooring.
(4)
Particular attention shall be given to the compatibility of
the appearance of the proposed facility with the natural scenery.
(5)
There shall be only one sign visible from the water side, and
that shall be limited to an area and lighting intensity sufficient
to provide basic identification of the marina's location to passing
boats. A second sign not exceeding six square feet in area may be
placed at the land entrance to the marina site. Intermittent or flashing
lights and moving or animated signs are prohibited.
L.
Motel.
(1)
There shall be at least 2,500 square feet of lot area for each
first-floor guest room and an additional 1,000 square feet of lot
area for each guest room on other floors.
M.
Nursery school.
(1)
The lot area shall not be less than one acre.
(2)
There shall not be less than one pupil for every 1,500 square
feet of lot area.
(3)
All buildings, structures, and areas of organized activity,
such as play areas, swimming pools, etc., shall be not less than 75
feet from any property line.
(4)
Off-street parking areas shall be not less than 50 feet from
any property line.
(5)
Only one permanent family dwelling unit shall be located on
the premises, and said dwelling unit shall comply with the provisions
of this chapter for the district in which the lot is located.
(6)
Outdoor floodlighting or public address systems are prohibited.
(7)
Only one sign, not larger than 12 square feet in area, shall
be permitted.
(8)
Landscaping and fencing shall be provided as required by the
Planning Board.
Q.
Planned residential development. No authorization for a building
permit or permits shall be granted unless the Planning Board shall
specifically find that the proposed special exception for the planned
residential development is in keeping with the intent of this provision
to provide for flexible planning of residential development on difficult
terrain while conserving the natural scenic environment of the Town
of Newfane and to implement the Master Plan while meeting the following
special conditions and safeguards.
(1)
An overall development plan shall be presented showing the use
or uses proposed, including dimensions indicating the areas set aside
for each use, and the locations of all structures, parking spaces,
and rights-of-way or driveways, and the provision for sewer and water
service facilities.
(2)
Residential dwelling units may be in single-family, two-family
or multiple dwelling structures; provided that the total number of
dwelling units shall not exceed the density allowed in the zoning
district; and further provided that the minimum yard provisions, and
in the case of a multiple dwelling, the minimum spacing between buildings,
shall be not less than those required:
(3)
Open space or common land resulting from the planned residential
development design shall only be used for private or municipal recreation,
including natural park land. Such land shall only be owned by a nonprofit
corporation, or shall be offered for dedication to the municipality
or other public agency for the same uses; but in any case a nonprofit
corporation, a pre-established offer of dedication shall be filed
with the municipality for acceptance if the nonprofit corporation
were ever discontinued or failed to maintain the private recreation
use or natural parkland.
(4)
The proposed planned residential development shall comply with
all other applicable requirements of the municipality with respect
to land development.
R.
Planned commercial industrial park.
(1)
The site area shall be not less than 50 acres.
(2)
Individual sites resulting from subdivision or from leasing
arrangements may average 80,000 square feet each, provided that no
site of less than 80,000 square feet may be located within 400 feet
of the park's boundary and further that no site shall be less
than 20,000 square feet.
(3)
If the proposed park is not subject to the subdivision regulations
as a result of common ownership, it shall be approved in a similar
manner by the Planning Board and meet the same standards for design
and public improvements.
S.
Professional office; medical arts building.
(1)
The lot shall have frontage on a major street or highway.
(2)
Access to off-street parking areas shall be so designed that
traffic to the site will not be encouraged to travel through the minor
street system.
(3)
Off-street parking areas shall be set back five feet from all
property lines shared with adjacent lots in any residence district;
further, a five-foot stockade-type fence, or equivalent approved screening
shall be located along such property lines.
T.
Truck terminal; truck transfer station.
(1)
The lot area shall be not less than 20,000 square feet and have
a minimum frontage along a state or county highway of at least 150
feet.
(2)
No church, school, library, playground or similar place of public
assembly shall be within 500 feet of the site.
(3)
All entrance and exit driveways shall be approved by the County
Highway Engineer or the District Engineer of the State Department
of Transportation, depending on whose jurisdiction the highway is
located in.
(4)
All fuel pumps, lubricating and other devices shall be located
at least 25 feet from any building, structure, or street line.
(5)
No repair work shall be performed outdoors.
(6)
All fuel, oil, gasoline or similar substances shall be stored
underground and at least 10 feet from any and all lot lines, and installed
and maintained in accordance with the standard of the National Board
of Fire Underwriters.
(7)
All dismantled automobiles, trucks, tractors, trailers and similar
equipment, and parts and accessories thereof shall be stored within
a building.
(8)
All parking areas for operating vehicles shall be paved, curbed
and drained in accordance with municipal specifications. Such areas
shall be at least 50 feet from any residence district boundary and
at least 10 feet from any property line. No vehicle shall park or
stand outside such paved parking area.
(9)
Screening shall include planting of evergreen shrubs or trees
in addition to a fence so that truck motor noise and the sound of
overnight operation of refrigeration units will tend to be muffled.
V.
Quarries; clay, shale, and gravel pits.
(1)
No excavation or removal of natural resources material shall
be permitted or allowed nearer to any property line or street right-of-way
line than 60 feet. All slopes of excavations shall be maintained at
no greater an incline than one foot in vertical measurement to two
feet in horizontal measurement.
(2)
The following conditions shall be imposed upon any approval
for excavation and/or removal of natural resources materials:
(a)
A survey made by a licensed surveyor or engineer of the applicant's
lands indicating thereon the area of the proposed excavation or removal
of materials with relation to property and street lines.
(b)
A contour map made by a licensed surveyor or engineer indicating
the topography of the area from which material is to be excavated
or removed.
(c)
Restoration and reseeding of the area upon termination of the
permit as near as possible to its original condition and in reasonable
topographical conformity with the surrounding terrain.
(d)
A performance bound to be filed with the Town Clerk and approved
by the Town Attorney guaranteeing performance of the conditions imposed
by the Board in granting approval.
(e)
Days and hours of operation of removal and/or excavation of
material.
(f)
Any other conditions which may be deemed desirable and necessary
to protect the public safety and general welfare within the spirit
and intent of this chapter, including but not limited to a termination
date of the permit and maintenance of roadways to and from the excavation
or removal area.
(g)
Farms ponds nay be constructed for agricultural or conservation
purposes, but no topsoil, sand, gravel, clay, shale or other materials
shall be sold or removed from the farm premises upon which the pond
is located. All excavations for any purpose shall be done in an orderly
and safe manner, and upon completion of the work the premises shall
be left in a clean and tidy condition and so as not to be unsightly
or detrimental to the adjacent properties or the surrounding area.
