[Amended 7-17-2003; 6-17-2010 by L.L. No. 5-2010; 5-19-2011 by L.L. No. 1-2011]
Certain uses in the Webster Town Code require a special use permit to be issued by the Webster Town Board. No such uses shall be established, and no building permit therefor shall be issued, until such special use permit is granted as set forth in 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 special use permit shall be deemed to authorize only one special use.
Application for special use permit review and approval shall be made, in writing, on the appropriate forms and shall be filed with the Town Department of Public Works where appropriate. An application for special use permit review and approval shall be made in tandem with application to the Planning Board for site plan review and approval for the proposed project. The applicant will first appear before the Town Board for review of the application. The Town Board may take one of the following actions:
These two applications shall be subject to the same information submission requirements and shall follow the review and approval process as outlined in this section. The application for Town Board special use permit approval shall be considered during a public hearing held by the Town Board. Such hearing will be held after final site plan approval. An additional fee shall be required of the applicant in order to process the special use permit application. Such fee shall be established by the Town Board.
After review by the Town Board and if forwarded to the Planning Board, the Town Planning Board shall review the application for special use permit based on the criteria and considerations listed below. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed below, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, the request for approval of the special use permit shall be recommended for denial. Should the applicant, based upon the findings of the Planning Board, meet all of the criteria or requirements listed above, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for approval of a special use permit shall/may be recommended for approval. The Town Planning Board may also recommend approval of an application for a special use permit subject to appropriate measures that will ensure compliance with the criteria and requirements listed below. The applicant shall still require approval of the project's preliminary site plan from the Town Planning Board pending final action on the application for special use permit by the Town Board. Procedures for the further review of the site plan application shall follow those particular requirements as outlined in this section.
The Town Board shall review the findings of the Town Planning Board and all of the plans and documents filed as part of the application. Based upon its review of the record, the Town Board may act to approve, approve with modification or deny the applicant's request for a special use permit. Failure to comply with the conditions of the special use permit shall be considered a violation of this chapter and shall result in the application of the appropriate penalties and/or fines as outlined in § 228-51 and the possible revocation of permits.
The Town Board may issue a special use permit only upon a finding that each and all of the following conditions are met:
Impact on district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
Adjacent properties. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Impacts on neighboring properties. Operation in connection with the special use shall not cause more severe impacts to nearby properties by reason of noise, fumes, oders, vibrations, flashing lights or other operational characteristics than would the operations of any permitted use not requiring a special use permit.
Impact on surrounding properties. The nature, duration, and intensity of the operations which are involved in connection with the proposed use will be in harmony with nearby uses and will not alter the essential character of the neighborhood or be detrimental to the residents thereof. The proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses.
Traffic. The use shall not cause undue traffic congestion or create a traffic hazard.
Parking. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Services. The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
SEQRA. All requirements of SEQRA shall be met.
Special uses shall also be subject to any and all applicable local, state or federal laws, codes, rules or regulations.
Additional standards or requirements that the Town Board may reasonably request.
Additional standards for special use permits in WD District.
The proposed use must be compatible with any of the other zoning laws of the Town of Webster.
The proposed use must not destroy or adversely impact significant historic and/or cultural resource sites.
The proposed use must not require an unnecessary or destructive amount of dredging, filling or other disturbance of the waters of Irondequoit Bay or Lake Ontario.
The proposed use must provide public access to the shore zone to the extent possible and desirable given the nature of the site and proposed use.
Upon issuance of a special use permit, a copy of the permit form and a certified copy of the resolution shall be delivered to the applicant, who shall, with 30 days of such delivery, return the completed form to the Town Clerk for official signature. The special use permit so granted by the Town Board shall be recorded, or a memorandum of such permit signed by a Town official shall be recorded, by the applicant, in the office of the Clerk of the County of Monroe. Such documents shall be in a form acceptable for filing and shall make reference to the Liber and Page of the deed granting ownership of the affected premises to the current owner.
Proof of such filing shall be received by the Town of Webster Department of Public Works prior to the issuance of a certificate of occupancy to the applicant. Failure to provide proof a filing within 10 days thereafter shall render void the Special use Permit so granted.
Upon reasonable notice to the applicant, the Commissioner of Public Works or his designee has the authority to conduct a site visit. The purpose of said site visit is to ensure that the use is being operated in accordance with this chapter and the conditions specified by the Town Board. If the Commissioner of Public Works or his designee determines that a violation of this chapter or of the special use permit conditions exists, the revocation procedures of § 228-28 of this chapter shall be invoked. Refusal to allow an inspection shall be considered grounds for revocation.
The nature, duration and intensity of the operations which are involved in or conducted in connection with any use for which a special use permit has been granted shall not be increased or expanded without the approval of the Town Board. Any expansion of a use which requires a special use permit shall be considered at a public hearing held in accordance with the application requirements and administrative procedures which have been adopted by the Town Board.
A special use permit shall expire if meaningful construction has not been commenced within one year, and has not been completed within two years, of final special permit approval; or if no construction is involved, if the use has not been commenced within one year of final special use permit approval.
Said permit shall expire if the special use, once begun, ceases operation, for any reason, for more than six consecutive months. For seasonal uses, the use will be considered ceased if there is no operation for at least 12 consecutive months.
A special use permit may be revoked by the Town Board. The Town Board shall hold a public hearing to consider whether or not the special use permit grantee has violated the terms and conditions of said special use permit. Said public hearing shall be held only after the permit grantee has been notified, as hereinafter described, by the Zoning Official. Notice of the violations and of the date, place and time of the public hearing shall be mailed to the special permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee.
At least 10 days before said public hearing, a legal notice of said hearing shall be published in a newspaper of general circulation in the Town.
No application for a Town Board special use permit shall be accepted for a property where there is an existing violation of any code of the Town of Webster.