Horseheads Town City Zoning Code
ARTICLE XV
Special Permits
§ 204-96 Intent and purpose.
The intent and purpose of this article is to establish supplemental regulations and conditions applicable to certain land uses in the Town of Horseheads which shall be considered sufficiently unique to warrant special evaluation of each individual case and shall act so as to protect the best interests of the community. Failure of the applicant to apply for a special permit or to carry out the approval shall result in a fine to be levied by the Town Justice of the Town of Horseheads.
Such uses will be permitted only if supplemental regulations and conditions specified in this article have been complied with and a special permit issued. In reviewing requests for special permits, the Boards shall be guided by the character of the neighborhood around the proposed location and by the intent of the applicant and shall act so as to protect the best interests of the community.
§ 204-97 Existing uses permitted by special permit.
Uses lawfully existing at the time of adoption of this chapter and falling within the category of "uses permitted by special permit" may continue indefinitely, except as otherwise noted in this article, but shall not be enlarged or expanded. In cases where enlargement or expansion of a use is proposed, a special permit will be issued only if the supplemental regulations and conditions of this article have been complied with. "Lawfully existing" shall include, but not be limited to, compliance with all requirements of the special permit as set forth herein.
§ 204-98 Application.
Application for a special permit pursuant to this article shall be made in the Code Enforcement Office, unless directed otherwise by a Code Enforcement Officer.
§ 204-99 Review and recommendation.
All requests for a special permits shall be immediately forwarded to the Town Planning Board for review and recommendation. The Planning Board shall review all applications for special permits pursuant to the requirements as set forth in Article XIII, Site Plan Review Procedure. The Planning Board shall act on such request within 45 days and shall forward its recommendation to the appropriate Board, if applicable. If the Planning Board fails to issue its report within such forty-five-day period, the acting Board shall assume that a favorable report has been issued.
§ 204-100 Procedure.
The Boards shall proceed on all requests for a special permit in the manner following:
All applications made hereunder shall be in writing and shall be filed with the Town Clerk with a copy to the Code Enforcement Office. Each application shall refer to the special provision of the ordinance involved and shall set forth the use for which the special permit is sought.
The Board shall receive the application at its next meeting and hold a public hearing on application within 60 days thereafter and give due notice of such public hearing by advertising in the official newspaper of the Town of Horseheads at least five days prior to the date thereof.
The applicant shall mail notices at least 10 days before any hearing to all property owners within 500 feet of the property under consideration and file with Town an affidavit stating the names, addresses, and date and a copy of letter sent.
At least 10 days before any public hearing, the Board shall mail notices thereof to the Regional State Park Commission having jurisdiction over any state park or parkway, and the NYS Department of Transportation having jurisdiction over any roadway, within 500 feet of the property affected.
Before taking a final action on any special permit affecting real property lying within a distance of 500 feet from the boundary of any city, village or neighboring town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated, the Board shall refer such matter to the Chemung County Planning Board for report and recommendation. If the County Planning Board fails to make such report within 30 days after receipt of referred matter, the Board of Appeals may act without such report. If the County Planning Board recommends modification or disapproval of a proposed action, the Board shall not act contrary to such recommendation except by a majority vote plus one of all the members of the Board. The Board shall file a report of its action with the County Planning Board within 30 days. If the Board acts contrary to a recommendation or modification or disapproval of a proposed action, the Board shall set forth the reasons for the contrary action in the report.
§ 204-101 Conditions; requirements.
The Code Enforcement Office shall issue an operating permit for the following land uses only after determining all the conditions and requirements set forth hereinafter have been satisfied.
Upon special permit issued by the Planning Board, cemeteries, including pet cemeteries, and the buildings incident thereto in any zoning district shall only be permitted upon written approval of the Chemung County Health Department and a finding by the Planning Board that the proposed cemetery or extension thereof does not conflict with the objectives of the Comprehensive Plan.
Upon special permit issued by the Planning Board, animal hospitals, kennels or places for the boarding of animals shall be located in Business Zones, Industrial and Manufacturing Zones, or Agricultural and Hill Zones. These uses shall be permitted when such use will not create undue noise and odor, and no structure, runway or outdoor kennel shall be located within 100 feet of any side or rear property line.
Upon special permit issued by the Town Board, cannabis retail dispensaries shall be located in a Business Zone, upon the following terms and conditions:
No person or entity shall produce, grow or sell cannabis or hold itself out as a New York State licensed organization unless it has complied with the Marihuana Regulation and Taxation Act (MRTA), as the same may be amended from time to time, and such other terms and conditions as the Board shall impose.
Upon special permit issued by the Planning Board, nurseries and greenhouses, commercial nurseries and greenhouses shall be located in Business Zones, Industrial and Manufacturing Zones, and Agricultural and Hill Zones, upon the following conditions:
Upon special permit issued by the Planning Board, motor vehicle sales, repair and service establishments shall be located in Business Zones and Industrial and Manufacturing Zones.
This subsection shall apply to all motor vehicles, as defined by the New York State statute as the same may be amended from time to time.
Driveways and parking areas, location and construction shall be determined pursuant to site plan review and become a requirement of this subsection, and any front yard area not used for parking shall be landscaped.
All motor vehicles for display or parking shall be set back from the road right-of-way or assumed road right-of-way at least six feet minimum. Such area shall be landscaped.
The business of selling and dealing in secondhand and used motor vehicles permitted in a business and/or manufacturing district may be carried on, provided that all said motor vehicles, cars, trucks and other automobiles shall be in a good state and condition of repair, can be operated at all times under their own power, shall comply at all times with all requirements of the laws of the State of New York and rules and regulations promulgated thereunder for operation thereof on public highways, and shall be displayed as to provide immediate access to the driver's door of the motor vehicle.
No equipment or any type of salvage, maintenance materials, parts or junk, including junk vehicles or other vehicles not capable of being inspected, shall be stored in front or side yards unless enclosed by decorative fencing designed to screen out objectionable views.
The vehicular entrances and exits shall not be located within 300 feet of entrances or exits to public parks or playgrounds, and such entrances and exits shall be so planned that, at maximum expected operation, vehicular movements into or from the premises shall cause a minimum of obstruction on streets, highway rights-of-way or sidewalks.
Along any rear lot line or side lot line adjoining a residential zoning district the lot shall be screened by either of the following methods:
A strip at least four feet wide, densely planted with shrubs or trees at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years; or
A wall, barrier or fence not less than six feet high nor more than eight feet high, opaque or perforated, provided that not more than 80% of its face is open.