The special uses for which conformance to additional standards
is required shall be deemed to be permitted uses in their respective
districts subject to the satisfaction of the requirements and standards
set forth herein, in addition to all other requirements of 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.
Public hearing; notice. Applications for special use permits shall
be acted on by the Town Board after a public hearing in relation thereto.
Notice of such public hearing shall be published in the official newspaper
of the Town at least five days prior to the date thereof.
B.
In accordance with General Municipal Law § 239-nn, notice
of the public hearing shall be given by mail or electronic transmission
to the clerk of any town or village that has a portion of its boundary
contiguous with the Town of Collins.[1]
C.
Referral to Planning Board. Prior to such public hearing, the application
shall be referred to the Town Planning Board for report and recommendation.
In the event that the Planning Board shall fail to submit a report
within 45 days after said referral, the Town Board shall hold such
public hearing at the earliest possible date.
D.
Site plan. A plan for the proposed development of a site for a permitted
special use shall be submitted with an application for a special use
permit and such plan shall show the location of all buildings, parking
areas, traffic access and circulation drives, open spaces, landscaping,
and other pertinent information that may be necessary to determine
if the proposed special use meets the requirements of this chapter.
E.
Limitations. A special use permit shall be deemed to authorize only
one particular special use.
A.
The location and size of the use, the nature and intensity of the
operations involved, the size of the site in relation to the proposed
use, the location of the site with respect to the existing or future
streets giving access to it, and the location, nature and height of
buildings, walls, and fences shall be such that the special use:
(1)
Will not tend to depreciate the value of property in the Town;
(2)
Will not create a hazard to health, safety, morals, or the general
welfare;
(3)
Will not be detrimental to the neighborhood or to the residents thereof;
(4)
Will not alter the essential character of the neighborhood; and
(5)
Will not otherwise be detrimental to public convenience and welfare.
B.
Operations in connection with any special use shall not be more objectionable
to nearby properties by reason of noise, fumes, vibration, or flashing
lights, than would be the operation of any permitted use.
A satellite antenna which is defined herein as a parabolic dish
or other antenna or device, the purpose of which is to receive television,
radio and/or microwave or other signals from space satellites, may
be erected and maintained subject to the following requirements:
A.
A special use permit shall be required from the Town Board in accordance with § 305-35; provided, however, no public notice shall be required unless ordered by the Town Board. Likewise, the Town Board may dispense with the filing of a site plan but may require a sketch of the proposed location.
B.
The satellite antenna shall not exceed 15 feet in height, width or
depth.
[Added 5-5-1997 by L.L. No. 2-1997]
A.
Application materials.
(1)
All
applicants for a special use permit for the construction of a telecommunications
tower in the Town of Collins shall submit the following:
(a)
A report from a professional engineer which shall:
[1]
Describe the tower and the technical, economic and other reasons
for the tower design.
[2]
State that the tower is structurally sound.
[3]
Describe how many and what kinds of antenna are proposed.
[4]
Describe how many and what kind of antenna are possible on the
tower.
[5]
Demonstrate that the site can contain on site substantially
all ice-fall or debris from tower failure.
(b)
A copy of the applicant's Federal Communications Commission
(FCC) license, including any requirements from the Federal Aviation
Administration (FAA).
(c)
A letter of intent committing the tower owner to negotiate in
good faith for shared use by third parties in the future. This letter,
which shall be filed with the Code Enforcement Officer prior to the
issuance of a building permit (assuming the telecommunications tower
is approved), shall commit the tower owner and his or her successors
in interest to:
[1]
Respond in a timely, comprehensive manner to a request for information
from a potential shared-use applicant.
[2]
Negotiate in good faith for shared use by third parties.
[3]
Allow shared use if an applicant agrees, in writing, to pay
charges.
[4]
Make no more than a reasonable charge for shared use, based
on generally accepted accounting principles. The charge may include,
but is not limited to, a pro rata share of the cost of site selection,
planning, project administration, land cost, site design, construction
and maintenance, financing, return on equity, and depreciation, and
all of the cost of adapting the tower or equipment to accommodate
a shared user without causing electromagnetic interference.
(2)
Use of existing buildings. Where an applicant for a special use permit for construction of a telecommunications tower proposes to use an existing building, the applicant shall submit the following, in addition to the information required by Subsection A(1) above:[1]
(3)
Any permit granted under this section shall be valid only for the
number and type of antennas in the approval. Any increase in number
or change in type of antenna on any existing tower must be approved
by the Planning Board.
B.
Shared use.
(1)
At all times, shared use of existing towers shall be preferred to
the constructions of new towers.
(2)
An applicant shall be required to present an adequate report inventorying
existing towers, and approved, but unbuilt towers, within a reasonable
distance of the proposed site. If an appropriate communications tower
or towers are available, the applicant shall submit a written evaluation
of the feasibility of sharing such tower.
(a)
The evaluation shall analyze, but is not limited to, the following
factors:
[1]
Structural capacity of the tower or towers;
[2]
Radio frequency interference;
[3]
Geographic service are requirements;
[4]
Mechanical or electrical incompatibilities;
[5]
Inability or ability to locate equipment on the tower or towers;
[6]
Cost, if fees and costs for sharing would exceed the cost of
a new communication tower over a twenty-five-year period; and
[7]
Any restriction or limitations of the Federal Communications
Commission that would preclude the shared use of the tower.
(b)
A telecommunications tower that is determined to be inappropriate
for sharing shall be assumed to be inappropriate for sharing the same
types of facilities in the future. Such towers will not need to be
evaluated in the future regarding sharing with the same type of facility
for which it has been determined to be inappropriate. The Town shall
maintain a list of such towers, and shall provide such list to all
applicants or potential applicants for a special use permit for a
telecommunications tower.
(3)
An applicant shall not be required to share use of an existing telecommunications
tower if the cost is unreasonable. Those costs include, but are not
limited to, structural reinforcement of the existing tower, preventing
transmission or receiver interference, additional site screening,
and other charges including real property acquisition of a lease required
to accommodate shared use. Costs associated with this subsection shall
be considered unreasonable if they exceed the cost of the proposed
new use at a new and separate location over a twenty-five-year period.
(4)
The applicant shall be required to submit a report demonstrating
good-faith efforts to secure shared use of an appropriate existing
communication tower. Written requests and responses for shared use
shall be provided.
C.
Use of existing buildings.
(1)
The use of suitable existing buildings and structures shall be encouraged
over the construction of new towers, wherever feasible.
(2)
The applicant shall prepare an inventory of buildings and structures
in the cell search area to determine if any may be suitable to accommodate
the antenna. If suitable structures are located, the applicant shall
enter into good faith negotiations with the building owner to secure
rights to place one or more antenna on such structures.
(3)
The applicant shall be required to submit a report demonstrating
a good-faith effort to secure shared use of the existing building
or structure. Written requests and responses shall be provided.
(4)
An applicant shall not be required to use an existing building or
structure if the cost is unreasonable. Costs associated with this
subsection shall be considered to be unreasonable if they exceed the
cost of the proposed new use at a new and separate location over a
twenty-five-year period.
D.
Setbacks. Towers and antennas shall comply with all existing setbacks
within the zoning district in which they are sited. Additional setbacks
may be required by the Planning Board to contain on site substantially
all ice-fall or debris from tower failure and/or to preserve privacy
of adjoining residential and public property. Setbacks shall apply
to all tower parts, including guy wire anchors, and to any accessory
facilities.
E.
Visibility.
(1)
All towers and accessory facilities shall be sighted to have the
least practical adverse effect on the environment.
(2)
Placement of the antenna or tower on a suitable existing structure,
such as a church steeple, water tower or silo is encouraged, whenever
feasible.
(3)
Towers shall not be artificially lighted, except as required by the
Federal Aviation Administration (FAA).
(4)
Towers shall be a galvanized finish or painted gray or silver above
the surrounding treeline and painted gray, green or black or other
neutral color below the surrounding treeline, unless other standards
are required by the FAA. Towers should be designed and sighted so
as to avoid, whenever possible, application of FAA lighting and painting
requirements.
(5)
Existing on-site vegetation shall be preserved to the maximum extent
possible. No cutting of trees exceeding four inches in diameter, measured
at a height of four feet off the ground, shall take place prior to
approval of the special use permit.
(6)
No portion of any tower may be used for signs or advertising purposes,
including the company name, banners, streamers, etc.
(7)
The applicant shall demonstrate that proposed height for the tower
and antenna is the minimum necessary to function satisfactorily. No
tower or antenna that is taller than this minimum height shall be
approved.
F.
Screening.
(1)
The Planning Board may require fencing around the tower and any associated
building. The fence shall be minimum of eight feet in height.
(2)
Landscaping shall be planted on the outside of the fencing. The landscaping
may be installed on the inside of the fencing, subject to the approval
of the Planning Board, if the survivability or utility of landscaping
on the exterior of the fencing is questionable.
(3)
The Planning Board may require evergreen hedges or other planting
strips as necessary to screen portions of the facility. Installation
of new plantings will not be required in those places where the presence
of existing vegetation or structures is sufficient to screen the tower
and accessory buildings, or in cases where the proposed landscaping
would not be visible.
G.
Removal of obsolete facilities.
(1)
All obsolete and unused telecommunication towers shall be removed
within 12 months of cessation of use.
(2)
The owner of the telecommunication tower shall annually file a declaration
with the Town Board of the Town of Collins as to the continuing operation
of every facility installed subject to this section.
(3)
The Planning Board may require, as a condition of approval of the
special use permit, that the applicant post a bond with the Town,
sufficient to allow the Town to have the unused tower removed, if
the owner fails to do so within the prescribed time period.
H.
Application fee. The applicant shall pay an application fee as set
from time to time by the Town Board on the application being filed
with the Town for the proposed telecommunication tower. Said application
fee is not refundable if the application is denied. Every three years,
the tower owner shall pay a renewal fee as set from time to time by
the Town Board which shall be collected by the Town Clerk after inspection
of the telecommunication towers by the Code Enforcement Officer.[2]
[Added 6-21-2004 by L.L. No. 2-2004]
Any application for a kennel permit must be made to the Town
Board for authorization of a special use permit.
A.
All facilities housing animals shall be maintained in enclosed structures
which shall be of suitable construction and so maintained as to minimize
the production of dust, odors, and noise. All facilities used in the
kennel operation, including, but not limited to, all exercise pens
and runways shall not be maintained within 150 feet of any neighboring
residence or within 50 feet from any property line.
B.
Any special use permit issued shall be subject to annual review and
amendment by the Town Board upon the advice and recommendations of
the Code Enforcement Officer and Town Planning Board.
C.
In deciding whether or not to issue a special use permit, the Town
Board shall consider the dimensions of the land owned by the petitioner;
the number and type of animals the petitioner intends to keep on the
premises; the proximity of residential housing in the vicinity; the
proposed hours of operation of the kennel; the proposed landscaping
around the proposed kennel facilities; the proposed location of all
buildings and kennel facilities to be situated on the premises; and
such other issues as may be relevant to the application. The Town
Board may, upon the advice and recommendation of the Planning Board,
impose such conditions and restrictions upon said special use permit
as are reasonably necessary to protect the public health, safety and
general welfare of the adjoining landowners.
[Added 11-7-2005 by L.L. No. 2-2005[1]]
A.
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to
herein as "adult-oriented businesses")
ESCORT
ESCORT AGENCY
MASSAGE PARLOR
NUDE MODEL STUDIO
NUDITY or STATE OF NUDITY
PERSON
PORN SHOP
SEMINUDE
SEXUAL CONDUCT
(1)
(2)
(3)
(4)
SEXUAL ENCOUNTER CENTER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
TATTOO PARLOR
Definitions. The following definitions shall apply to this section:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
An establishment which, as one of its principal or significant
purposes, offers for sale or rental for any form of consideration,
or which designates a portion or section for the display or sale of
any one or more of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are primarily intended,
labeled, designed, advertised or promoted for use in connection with
specified sexual activities.
An establishment may have other principal or significant business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore" or "adult video
store" if one of its principal or significant business purposes is
the offering for sale or rental for consideration the above-specified
materials which depict or describe specified sexual activities or
specified anatomical areas. For purposes of this definition, "principal
or significant business purpose" shall mean 25% or more of any of
the following:
The number of different titles or kinds of such merchandise;
The number of copies or pieces of such merchandise;
The amount of floor space devoted to the sale and/or display
of such merchandise; or
The amount of advertising which is devoted to such merchandise,
either in print or broadcast media.
An establishment which regularly features:
Persons who appear in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or specified sexual activities; or
Films, motion pictures, video cassettes, slides, or photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel or similar establishment which offers accommodations
to the public for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion pictures, video
cassettes, slides or other photographic reproductions which are characterized
by the depiction or description of specified sexual activities or
specified anatomical areas; and as a sign visible from the public
right-of-way which advertises the availability of this adult-type
of photographic reproductions.
An establishment where, for any form of consideration, films,
motion pictures, video cassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A theater, concert hall, auditorium or similar establishment
which regularly features persons who appear in a state of nudity or
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
An establishment, or any part thereof, which presents any
of the following entertainment, exhibitions or services: topless and/or
bottomless dancers; strippers; topless waitresses or waiters, busing
or similar service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; adult theaters; escort
agencies; nude model studios; and sexual encounter centers. Adult
use and entertainment establishments customarily exclude minors by
reason of age.
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately model lingerie for another person; for
consideration, agrees or offers to privately perform a striptease
for another person; or, for consideration but without a license granted
by the State of New York, agrees or offers to provide a massage for
another person.
A person or business association who furnishes, or offers
to furnish, or advertises to furnish, escorts as one of its primary
business purposes for a fee, tip or other consideration.
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments or any other treatment or manipulation of the
human body occurs as part of or in connection with sexual conduct
or where any person providing such treatment, manipulation or service
related thereto exposes specified anatomical areas or engages in specified
sexual activities.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculpted, photographed or similarly
depicted by other persons who pay money or any form of consideration,
other than as part of a course of instruction offered by an education
institution established pursuant to the laws of the State of New York.
The appearance of specified anatomical areas.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
Any establishment engaged in the sale or promotion of sexual
acts or behavior as in writing, photographs and other materials depicting
sexual acts or behavior designed to stimulate erotic feelings.
A state of dress in which clothing covers no more than the
specified anatomical areas, as well as portions of the body covered
by supporting straps or devices.
Includes the following:
The fondling or touching of human genitals, pubic region, buttock
or female breasts:
Ultimate sex acts, normal or perverted, actual or simulated,
including intercourse, oral intercourse, oral copulation and sodomy;
Masturbation; and
Excretory functions as part of or in connection with any of
the activities set forth in Subsections A through C.
An enterprise that, as one of its primary or significant
business purposes, offers, for any form of consideration, activities
between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or is seminude.
Includes any of the following:
Its usual and ordinary meaning.
B.
Regulations.
(1)
Legislative intent. It is the purpose of this section to regulate
the creation, opening, commencement and/or operation of adult use
and entertainment establishments, as herein defined, in order to achieve
the following:
(a)
To preserve the character and the quality of life in the Town
of Collins' neighborhoods and business areas.
(b)
To control such documented harmful and adverse secondary effects
of adult uses on the surrounding areas such as decreased property
values; attraction of transients; parking and traffic problems; increased
crime; loss of business for surrounding non-adult business; and deterioration
of neighborhoods.
(c)
To restrict minors' access or exposure to adult uses.
(d)
To maintain the general welfare and safety for the Town of Collins
residents.
(2)
Purposes and considerations.
(a)
In the execution of this section, it is recognized that there
are some uses which, by their very nature, have serious objectionable
characteristics. The objectionable characteristics of these uses are
increased by their concentration in any one area, thereby having deleterious
effects on adjacent areas. Special regulation of these uses is necessary
to ensure that these adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhoods or land uses.
(b)
It is further declared that the location of these uses in regard
to areas where Collins' youth may regularly assemble and the
general atmosphere encompassing their operation is of great concern
to the Town of Collins.
(c)
The intent of this section is to provide adult entertainment
uses without compromising the character of the neighborhood.
(d)
This will be achieved through lighting being reflected away
from abutting roadways and adjoining properties, and limiting these
facilities to large parcels of property in order to maintain the visual
and aesthetic environment, as well as provide adequate distances to
protect neighbors from noise, obnoxious traffic, lights and other
deleterious impacts. It is further declared that the location of these
uses in regard to areas where Collins' youth may regularly assemble
and the general atmosphere encompassing their operation is of great
concern.
(4)
Special requirements. No person shall cause or permit the use, occupancy or establishment of any land, building or structure as or for a restricted use, as enumerated in Subsection B(3) above and defined herein unless such person shall have obtained therefor, a special permit in accordance with § 305-34 of this chapter and site plan review and approval in accordance with said § 305-34 and subject to any special standards as may hereinafter be required.
(5)
Regulation of restricted uses. Restricted uses, as enumerated in Subsection B(3) above and defined herein, are to be restricted and regulated as to their location in the following manner, in addition to and subject to any other requirements of the Code of the Town of Collins. The special requirements itemized in this subsection are intended to accomplish the primary purposes of ensuring that any objectionable characteristics of these uses will not have a deleterious effect on adjacent areas and restricting their accessibility by and exposure to minors.
(a)
Location.
[1]
A restricted use shall not be located:
[a]
Within a five-hundred-foot radius of any residence.
[b]
Within a one-fourth mile radius of another such
use.
[c]
Within a one-thousand-foot radius of any school
grounds, day-care facility, library, church or other place of religious
worship, park, playground, playing field or any place of business
which regularly has minors on the premises.
[d]
A restricted use shall not be located within a
one-thousand-foot radius of any public pathway, walkway or walking
path upon which minors are likely to travel.
[e]
No adult entertainment establishment shall be located
in any zoning district except as a special use in a location on Wheater
Road and Taylor Hollow Road that is currently zoned for manufacturing.
[2]
The above distances of separation shall be measured from the
nearest exterior wall of the structure containing the adult use and
entertainment establishment.
(b)
Any proposed restricted uses shall meet all other development
standards and requirements of the Code of the Town of Collins, including,
but not limited to, lot and bulk regulations, facade and screening
regulations. In the event of any conflict between the requirements
of any other provisions of the Town Code, including, but not limited
to, bulk regulations, and the special requirements set forth herein,
the special requirements of this section shall apply.
(c)
No restricted use shall be permitted in any building where the
majority of the floor area of the building is residential use, including
nonconforming residential use.
(d)
Any lighting shall be arranged as to reflect the light away
from the adjoining properties and abutting roadways.
(e)
Hours of operation shall be no earlier that 7:00 a.m. and no
later than 11:00 p.m.
(f)
No person under the age of 18 years old shall be permitted into
the premises or onto the property of a restricted use.
(g)
All yard setbacks shall be at least 200 feet.
(h)
No amplifiers or loudspeakers of any type shall be installed
outside the building.
(i)
All such uses shall be subject to a special use permit and site
plan approval and the Town Board and Planning Board may impose certain
terms and conditions upon the granting of site plan approval as they
deem reasonable and appropriate to further the aims of this section.
(j)
There shall be a fifty-foot landscaped area along the entire
highway frontage, except for necessary drives and sidewalks.
(k)
No site improvements shall take place within 50 feet of any
adjoining residential property (parking, lighting, etc.).
(l)
These special regulations are itemized in this subsection to
accomplish the primary purposes of preventing a concentration of these
uses in any one area and restricting their accessibility.
(m)
No restricted use shall be operated in a manner that permits
or allows the observation of any material depicting, describing or
relating to specified sexual activities or specified anatomical areas
from any public walkways, rights-of-way or similar areas.
(6)
Limits on restricted uses. No more than one restricted use, as enumerated in Subsection B(3) above, shall be located on any one parcel.
(7)
Permitted zoning districts. All adult use and entertainment establishments
as defined herein may only be created, opened, commenced or operated
as delineated in the Manufacturing Zoning District and are subject
to the restrictions, regulations, permits and approvals set forth
herein.
(8)
Display prohibited. All adult uses and entertainment establishments
shall be conducted in an enclosed building. It shall be a violation
to display or exhibit (in the open air, through a window, or by means
of a sign, depiction or decoration), or to allow to be displayed or
exhibited, any specified anatomical area or specified sexual activity.
