[Amended 10-4-1995 by L.L. No. 5-1995; 11-5-1997; 10-9-2019 by Res. No.
139-2019; 6-14-2023 by Res. No. 105-2023[1]]
[1]
Editor's Note: Resolution No. 105-2023 was amended by the
Town on 12-5-2023 to clarify its provisions.
A.
The intent
and purpose of this article is to establish supplemental regulations
and conditions applicable to certain land uses in the Town of Horseheads
which shall be considered sufficiently unique to warrant special evaluation
of each individual case and shall act so as to protect the best interests
of the community. Failure of the applicant to apply for a special
permit or to carry out the approval shall result in a fine to be levied
by the Town Justice of the Town of Horseheads.
B.
Such uses
will be permitted only if supplemental regulations and conditions
specified in this article have been complied with and a special permit
issued. In reviewing requests for special permits, the Boards shall
be guided by the character of the neighborhood around the proposed
location and by the intent of the applicant and shall act so as to
protect the best interests of the community.
Uses lawfully existing at the time of adoption of this chapter
and falling within the category of "uses permitted by special permit"
may continue indefinitely, except as otherwise noted in this article,
but shall not be enlarged or expanded. In cases where enlargement
or expansion of a use is proposed, a special permit will be issued
only if the supplemental regulations and conditions of this article
have been complied with. "Lawfully existing" shall include, but not
be limited to, compliance with all requirements of the special permit
as set forth herein.
Application for a special permit pursuant to this article shall
be made in the Code Enforcement Office, unless directed otherwise
by a Code Enforcement Officer.
All requests for a special permits shall be immediately forwarded to the Town Planning Board for review and recommendation. The Planning Board shall review all applications for special permits pursuant to the requirements as set forth in Article XIII, Site Plan Review Procedure. The Planning Board shall act on such request within 45 days and shall forward its recommendation to the appropriate Board, if applicable. If the Planning Board fails to issue its report within such forty-five-day period, the acting Board shall assume that a favorable report has been issued.
The Boards shall proceed on all requests for a special permit
in the manner following:
A.
All applications
made hereunder shall be in writing and shall be filed with the Town
Clerk with a copy to the Code Enforcement Office. Each application
shall refer to the special provision of the ordinance involved and
shall set forth the use for which the special permit is sought.
B.
The Board
shall receive the application at its next meeting and hold a public
hearing on application within 60 days thereafter and give due notice
of such public hearing by advertising in the official newspaper of
the Town of Horseheads at least five days prior to the date thereof.
C.
The applicant
shall mail notices at least 10 days before any hearing to all property
owners within 500 feet of the property under consideration and file
with Town an affidavit stating the names, addresses, and date and
a copy of letter sent.
D.
At least
10 days before any public hearing, the Board shall mail notices thereof
to the Regional State Park Commission having jurisdiction over any
state park or parkway, and the NYS Department of Transportation having
jurisdiction over any roadway, within 500 feet of the property affected.
E.
Before
taking a final action on any special permit affecting real property
lying within a distance of 500 feet from the boundary of any city,
village or neighboring town or from the boundary of any existing or
proposed county or state park or other recreation area or from the
right-of-way of any stream or drainage channel owned by the county
or for which the county has established channel lines or from the
existing or proposed boundary of any county- or state-owned land on
which a public building or institution is situated, the Board shall
refer such matter to the Chemung County Planning Board for report
and recommendation. If the County Planning Board fails to make such
report within 30 days after receipt of referred matter, the Board
of Appeals may act without such report. If the County Planning Board
recommends modification or disapproval of a proposed action, the Board
shall not act contrary to such recommendation except by a majority
vote plus one of all the members of the Board. The Board shall file
a report of its action with the County Planning Board within 30 days.
If the Board acts contrary to a recommendation or modification or
disapproval of a proposed action, the Board shall set forth the reasons
for the contrary action in the report.
The Code Enforcement Office shall issue an operating permit
for the following land uses only after determining all the conditions
and requirements set forth hereinafter have been satisfied.
A.
Upon special
permit issued by the Planning Board, cemeteries, including pet cemeteries,
and the buildings incident thereto in any zoning district shall only
be permitted upon written approval of the Chemung County Health Department
and a finding by the Planning Board that the proposed cemetery or
extension thereof does not conflict with the objectives of the Comprehensive
Plan.
B.
Upon special
permit issued by the Planning Board, animal hospitals, kennels or
places for the boarding of animals shall be located in Business Zones,
Industrial and Manufacturing Zones, or Agricultural and Hill Zones.
These uses shall be permitted when such use will not create undue
noise and odor, and no structure, runway or outdoor kennel shall be
located within 100 feet of any side or rear property line.
C.
Upon special
permit issued by the Town Board, cannabis retail dispensaries shall
be located in a Business Zone, upon the following terms and conditions:
(1)
No
person or entity shall produce, grow or sell cannabis or hold itself
out as a New York State licensed organization unless it has complied
with the Marihuana Regulation and Taxation Act (MRTA), as the same
may be amended from time to time, and such other terms and conditions
as the Board shall impose.
D.
Upon
special permit issued by the Planning Board, nurseries and greenhouses,
commercial nurseries and greenhouses shall be located in Business
Zones, Industrial and Manufacturing Zones, and Agricultural and Hill
Zones, upon the following conditions:
E.
Upon
special permit issued by the Planning Board, motor vehicle sales,
repair and service establishments shall be located in Business Zones
and Industrial and Manufacturing Zones.
(1)
This
subsection shall apply to all motor vehicles, as defined by the New
York State statute as the same may be amended from time to time.
(2)
Driveways
and parking areas, location and construction shall be determined pursuant
to site plan review and become a requirement of this subsection, and
any front yard area not used for parking shall be landscaped.
(3)
All
motor vehicles for display or parking shall be set back from the road
right-of-way or assumed road right-of-way at least six feet minimum.
Such area shall be landscaped.
(4)
The
business of selling and dealing in secondhand and used motor vehicles
permitted in a business and/or manufacturing district may be carried
on, provided that all said motor vehicles, cars, trucks and other
automobiles shall be in a good state and condition of repair, can
be operated at all times under their own power, shall comply at all
times with all requirements of the laws of the State of New York and
rules and regulations promulgated thereunder for operation thereof
on public highways, and shall be displayed as to provide immediate
access to the driver's door of the motor vehicle.
(5)
No
equipment or any type of salvage, maintenance materials, parts or
junk, including junk vehicles or other vehicles not capable of being
inspected, shall be stored in front or side yards unless enclosed
by decorative fencing designed to screen out objectionable views.
(6)
The
vehicular entrances and exits shall not be located within 300 feet
of entrances or exits to public parks or playgrounds, and such entrances
and exits shall be so planned that, at maximum expected operation,
vehicular movements into or from the premises shall cause a minimum
of obstruction on streets, highway rights-of-way or sidewalks.
(7)
Along
any rear lot line or side lot line adjoining a residential zoning
district the lot shall be screened by either of the following methods:
(a)
A strip at least four feet wide, densely planted with shrubs or trees
at least four feet high at the time of planting and which are of a
type which may be expected to form a year-round dense screen at least
six feet high within three years; or
(b)
A wall, barrier or fence not less than six feet high nor more than
eight feet high, opaque or perforated, provided that not more than
80% of its face is open.
