[Added 9-9-1996 by L.L. No. 8-1996]
[1]
Editor's Note: Former Article IXE was renumbered as Article IXF 11-24-2003 by L.L. No. 6-2003.
The purpose of special use approval is to allow the proper integration into the waterfront area of the Town, uses which may be suitable only under certain conditions and at appropriate locations. Because of their characteristics or the special characteristics of the area in which they are to be located, these uses require special consideration so that they may be properly located with respect to the objectives of this chapter and the Town of Tonawanda Waterfront Region Master Plan, and their effect on surrounding properties and the Niagara Waterfront.
This chapter is enacted pursuant to the authority granted to the Town Board of the Town of Tonawanda in Article 16 of the Town Law of the State of New York and § 10 of the Municipal Home Rule Law of the State of New York. This chapter now supersedes and modifies § 274-b of the Town Law of the State of New York in that the functions and duties conferred upon the Planning Board in § 274-b of the Town Law of the State of New York be performed by the Town Board of the Town of Tonawanda, and the Town Board of the Town of Tonawanda shall be deemed the Planning Board for such purposes. The special uses listed in this chapter may be permitted, enlarged or otherwise altered upon authorization by the Town Board in accordance with the standards and procedures set forth in this article. In permitting a special use in the Waterfront District or the modification of such use, the Town Board may impose those standards and requirements expressly specified by this chapter and any additional conditions which the Town Board considers necessary and reasonable to serve the best interests of the surrounding property and the waterfront area as a whole. These conditions may include, but are not limited to, size or controlling the location and number of vehicle access points, increasing the street width, limiting the number, size and location of signs, limiting the hours of operation and requiring fencing, screening and landscaping of other facilities to protect adjacent or nearby property. In the case of a use existing prior to the effective date of this chapter and classified in this chapter as a special use, any change in use or in lot area or an alteration of structure shall conform to the requirements dealing with special uses.
[Amended 3-26-2007 by L.L. No. 6-2007]
This article is applicable to the issuance of special use permits for all uses in the Waterfront Districts which require a special use permit.
In addition, in the case of any use located in or directly adjacent to a residential district:
A. 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to existing streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to, or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
B. 
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
A. 
An applicant shall initiate the special use permit in a Waterfront District procedure by filing an application addressed to the Town Board and delivered to the Town Clerk which includes:
(1) 
A general description of the proposed use.
(2) 
A legal description of the property.
(3) 
A proposed current site plan showing the size and location of the lot, the location of all buildings and proposed facilities, including access drives, parking areas and all streets within 200 feet of the lot, as well as showing the property and all properties within a radius of 500 feet of the exterior boundaries thereof.
(4) 
Plans and elevations necessary to show the proposed development.
(5) 
Other drawings or information as requested by the Town Board or Town Planning Board.
(6) 
A written statement which demonstrates how the proposed project meets the required standards.
(7) 
A filing fee, the amount of which shall be fixed by the Town Board by resolution.
B. 
Review of the site plan shall take place concurrently with review of the special use permit application.
C. 
The Town Clerk shall refer the special use permit application to the Town Planning Board who shall determine its completeness. If further information is necessary, the application will be returned to the applicant together with a written notice specifying the additional information or documentation required.
D. 
Immediately upon determining that an application is complete, the Town Planning Board shall refer a completed application to the Building Department for coordination with the site plan review process.
E. 
The Building Department shall submit its written comments concerning the special permit application to the Town Board within 45 days of its receipt.
F. 
The Planning Board shall review the special permit application and submit a written report, including its recommendations, to the Town Board within 45 days of receiving a completed application.
G. 
Public hearing on special uses in the Waterfront District. Before a special use is permitted, the proposed use shall be subject to public notice and a public hearing conducted by the Town Board. Public notice of said hearing shall be published in a newspaper of general circulation in the Town at least five days prior to the date thereof. The public hearing shall be held within 62 days of acceptance of the complete permit application by the Town Planning Board.
H. 
At least 10 days before such hearing, the Town Board shall mail notices thereof to the applicant and to the Erie County Department of Environment and Planning as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.
I. 
Compliance with State Environmental Quality Review Act. The Town Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations. Any time periods specified herein shall be extended as required so as to enable the Town Board to comply with the requirements of the State Environmental Quality Review Act.
J. 
The Town Board shall, within 62 days of the public hearing on the complete special use permit application, render a decision on the permit. The time period may be extended by the mutual consent of the applicant and the Town Board. The decision of the Town Board on the application after the holding of the public hearing shall be filed in the office of the Town Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant.
K. 
In the case where a special use has been approved, a building permit shall be issued after the granting of the special use permit, and then only in accordance with the terms and conditions of the permit.
L. 
A special use in a Waterfront District permit shall become void one year after approval unless, by conditions of the use permit, greater or lesser time is specified as a condition of approval or unless, prior to expiration of one year, a building permit is issued. The permit shall be void if the use shall cease for more than six months for any reason.
M. 
The Town Board, on its own motion, may revoke any special use permit for noncompliance with conditions set forth in the granting of said permit after first holding a public hearing and giving notice of such hearing. Written notice of such hearing shall be given to the holder of the special use permit. Such notice shall be given by regular mail and also by certified mail, return receipt requested, addressed to the address of the special use permit holder specified in the special use permit and mailed at least 10 days prior to the scheduled hearing. The foregoing shall not be the exclusive remedy, and it shall be unlawful for any person to violate any condition imposed by said permit. Prior to the revocation proceeding specified herein, the Town Board shall notify the holder of the special use permit, in writing, that he, she or it is not in compliance with the conditions specified in the permit and shall give the holder of the special use permit 60 days within which to comply. In cases where there is imminent danger to the public health, safety or welfare, the Town Board may revoke the permit immediately. In such cases, the Town Building Department is authorized to issue an immediate order to stop work or operations.
N. 
The Town Board may approve, disapprove or approve with modifications any special use permit. The Town Board approval may include recommendations for modifications that shall be included in the final site plan for the project if one is required or in the plans submitted during application for a building permit. Conformance with said modifications shall be considered a condition of approval. If the special use permit is disapproved, the Town Board shall provide written findings to the applicant listing the reasons for disapproval.
A special use in a Waterfront District shall comply with the standards of the district in which it is located and meet the following:
A. 
In order to grant any special use, the Town Board shall find that the request is in harmony with the general purpose and intent of this chapter, taking into account the location and size of use, the nature and intensity of the operations involved in or conducted in connection with the use and the size of the site with respect to streets giving access thereto.
B. 
In order to grant any special use, the Town Board shall find that the establishment, maintenance or operation of the use applied for, under the circumstances of the particular case, will not be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of such proposed use or will not be detrimental or injurious to the property and improvements in the neighborhood or to the general welfare of the Town.
C. 
The proposal will not result in the destruction, loss or damage of any natural, scenic or significant historical resource.
D. 
The proposal will not create excessive additional requirements of public cost for public facilities and services and will not be detrimental to the economic welfare of the community.
E. 
The proposal will be served adequately by essential public facilities. such as highways, streets, police and fire protection, stormwater drainage, water and sewer and schools, or that the applicant for the proposed special use shall otherwise provide that these services be adequately obtained.
F. 
The proposed structure or use will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property in accordance with the applicable district regulations.
G. 
The proposed structure or use complies with all additional standards imposed on it by the particular provision of this chapter which authorizes such use.
H. 
The proposal essentially conforms to the Town of Tonawanda Waterfront Region Master Plan.