Unless otherwise provided, 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 form that each
specific use shall be considered as an individual case.
A.Â
Applications for special use permits shall be acted on by the Town
Board after a public hearing in relation thereto in accordance with
Town Law § 274-b. Notice of such public hearing shall be published
in the official newspaper of the Town of North Collins at least five
days prior to the date thereof. Prior to such public hearing, the
application shall be referred to the Town Planning Board for report
and recommendation thereon to the Town Board.[1]
B.Â
A plan for the proposed development of a site for a permitted special
use shall be submitted with an application for a special 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.
C.Â
In addition to any other requirements contained herein or imposed
by the Town Board as a condition of a special use permit, the operation
of kennels shall be conducted in accordance with the following general
standards.
[Added 11-5-1997 by L.L. No. 2-1997]
(1)Â
All facilities housing animals shall be maintained in enclosed structures
which shall be of soundproof 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 100 feet of any property
line and shall be so situated on the lot so as to be the greatest
distance from structures on adjoining lots.
(2)Â
Any special use permit issued shall be subject to annual review and
amendment by the Town Board upon the advice and recommendation of
the Code Enforcement Officer and Town Planning Board.
(3)Â
Facilities housing animals after business hours shall be soundproofed
so that noises emitted from the kennel building when measured at any
individual property line, shall be minimized.
(4)Â
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
and screening of the premises and particularly 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.
A special use permit shall be deemed to authorize only one particular
special use and shall expire if the special use shall cease for more
than one year.
