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.
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.
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.
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.
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.
Limitations. A special use permit shall be deemed to authorize only one particular special use.
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:
Will not tend to depreciate the value of property in the Town;
Will not create a hazard to health, safety, morals, or the general welfare;
Will not be detrimental to the neighborhood or to the residents thereof;
Will not alter the essential character of the neighborhood; and
Will not otherwise be detrimental to public convenience and welfare.
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 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.
The satellite antenna shall not exceed 15 feet in height, width or depth.
The Town Board shall have the power to designate the exact location of the antenna and to require any landscaping or screening to protect the aesthetic appearance of the area.
[Added 5-5-1997 by L.L. No. 2-1997]
All applicants for a special use permit for the construction of a telecommunications tower in the Town of Collins shall submit the following:
A report from a professional engineer which shall:
Describe the tower and the technical, economic and other reasons for the tower design.
State that the tower is structurally sound.
Describe how many and what kinds of antenna are proposed.
Describe how many and what kind of antenna are possible on the tower.
Demonstrate that the site can contain on site substantially all ice-fall or debris from tower failure.
A copy of the applicant's Federal Communications Commission (FCC) license, including any requirements from the Federal Aviation Administration (FAA).
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:
Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.
Negotiate in good faith for shared use by third parties.
Allow shared use if an applicant agrees, in writing, to pay charges.
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.
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:
A full environmental assessment form (EAF) and the visual addendum to the EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual addendum.
Any other material that the Planning Board deems necessary to evaluate the application.
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.
At all times, shared use of existing towers shall be preferred to the constructions of new towers.
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.
The evaluation shall analyze, but is not limited to, the following factors:
Structural capacity of the tower or towers;
Radio frequency interference;
Geographic service are requirements;
Mechanical or electrical incompatibilities;
Inability or ability to locate equipment on the tower or towers;
Cost, if fees and costs for sharing would exceed the cost of a new communication tower over a twenty-five-year period; and
Any restriction or limitations of the Federal Communications Commission that would preclude the shared use of the tower.
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.
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.
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.
Use of existing buildings.
The use of suitable existing buildings and structures shall be encouraged over the construction of new towers, wherever feasible.
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.
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.
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.
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.
All towers and accessory facilities shall be sighted to have the least practical adverse effect on the environment.
Placement of the antenna or tower on a suitable existing structure, such as a church steeple, water tower or silo is encouraged, whenever feasible.
Towers shall not be artificially lighted, except as required by the Federal Aviation Administration (FAA).
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.
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.
No portion of any tower may be used for signs or advertising purposes, including the company name, banners, streamers, etc.
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.
The Planning Board may require fencing around the tower and any associated building. The fence shall be minimum of eight feet in height.
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.
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.
Removal of obsolete facilities.
All obsolete and unused telecommunication towers shall be removed within 12 months of cessation of use.
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.
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.
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.
[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.
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.
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.
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]
Definitions. The following definitions shall apply to this section:
- ADULT ARCADE
- 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.
- (1) 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:
- (a) 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
- (b) Instruments, devices or paraphernalia which are primarily intended, labeled, designed, advertised or promoted for use in connection with specified sexual activities.
- (2) 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:
- (a) The number of different titles or kinds of such merchandise;
- (b) The number of copies or pieces of such merchandise;
- (c) The amount of floor space devoted to the sale and/or display of such merchandise; or
- (d) The amount of advertising which is devoted to such merchandise, either in print or broadcast media.
- ADULT CABARET
- An establishment which regularly features:
- (1) Persons who appear in a state of nudity; or
- (2) Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
- (3) 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.
- ADULT MOTEL
- 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.
- ADULT MOTION-PICTURE THEATER
- 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.
- ADULT THEATER
- 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.
- ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to herein as "adult-oriented businesses")
- 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.
- ESCORT AGENCY
- 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.
- MASSAGE PARLOR
- 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.
- NUDE MODEL STUDIO
- 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.
- NUDITY or STATE OF NUDITY
- The appearance of specified anatomical areas.
- An individual, proprietorship, partnership, corporation, association or other legal entity.
- PORN SHOP
- 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.
- SEXUAL CONDUCT
- Includes the following:
- (1) The fondling or touching of human genitals, pubic region, buttock or female breasts:
- (2) Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral intercourse, oral copulation and sodomy;
- (3) Masturbation; and
- (4) Excretory functions as part of or in connection with any of the activities set forth in Subsections A through C.
- SEXUAL ENCOUNTER CENTER
- 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.
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
- TATTOO PARLOR
- Its usual and ordinary meaning.
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:
To preserve the character and the quality of life in the Town of Collins' neighborhoods and business areas.
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.
To restrict minors' access or exposure to adult uses.
To maintain the general welfare and safety for the Town of Collins residents.
Purposes and considerations.
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.
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.
The intent of this section is to provide adult entertainment uses without compromising the character of the neighborhood.
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.
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.
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 restricted use shall not be located:
Within a five-hundred-foot radius of any residence.
Within a one-fourth mile radius of another such use.
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.
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.
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.
The above distances of separation shall be measured from the nearest exterior wall of the structure containing the adult use and entertainment establishment.
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.
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.
Any lighting shall be arranged as to reflect the light away from the adjoining properties and abutting roadways.
Hours of operation shall be no earlier that 7:00 a.m. and no later than 11:00 p.m.
No person under the age of 18 years old shall be permitted into the premises or onto the property of a restricted use.
All yard setbacks shall be at least 200 feet.
No amplifiers or loudspeakers of any type shall be installed outside the building.
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.
There shall be a fifty-foot landscaped area along the entire highway frontage, except for necessary drives and sidewalks.
No site improvements shall take place within 50 feet of any adjoining residential property (parking, lighting, etc.).
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.
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.
Limits on restricted uses. No more than one restricted use, as enumerated in Subsection B(3) above, shall be located on any one parcel.
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.
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.