Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
[Amended 8-24-1994]
The special exception uses for which conformance with additional standards is required shall be deemed to be permitted uses in their respective districts if they satisfy the special requirements and standards set forth in this Article as well as all the other regular requirements of this chapter. All special exception uses are hereby declared to possess characteristics of such a unique and special form that each specific use shall be considered as an individual case. The Town Board shall not grant any special exception permit without receiving a recommendation from the Planning Board.
When a use is not specifically listed as a use by right or a use by special exception within any zoning district, it shall be assumed to be a prohibited use unless it is determined in a written decision by the Town Board that said use is similar to permitted uses and not inherently a nuisance, menace or danger to the health, safety or welfare of the residents of the Town of Pendleton.
A plan for the proposed development of a site for a special exception shall be submitted with an application for a special exception permit, and such a plan shall show the location of all buildings, lots, parking areas, traffic access and circulation drives, open spaces, landscaping and any other pertinent information that the Town Board deems necessary.
A. 
The location and size of the special exception use, the nature and intensity of the operations involved and the size and the location of the site with respect to the existing or future streets giving access to it shall be in harmony with the orderly development of the zoning district.
B. 
The location, nature and height of buildings, walls and fences shall not discourage the appropriate development and use of adjacent land and buildings nor impair the value of such adjacent land or buildings.
C. 
Operations in connection with any special exception use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or light than would be associated with the operations of any permitted use in the zoning district.
In granting the special exception permits, the Town Board may attach such conditions and safeguards as it deems appropriate under this chapter.
A special exception permit shall be deemed to authorize only one particular use. The special exception permit is revocable for violation of the terms under which it was granted. The permit shall expire if the special exception use shall cease for more than six months for any reason.
No permit shall be issued for a special exception use for a property where there is an existing violation of this chapter. (See Article VIII, Nonconforming Uses and Structures).