Le Roy Town City Zoning Code
ARTICLE VI
Special Permit Uses
§ 165-27 General provisions.
The special uses for which conformance to additional standards is required by this chapter (see Article IV, District Use and Bulk Requirements) 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 declared to possess characteristics of such unique and special form that each specific use shall be considered as an individual case.
§ 165-28 Application.
Application for the required special permit shall be made to the Town Board. Each such application shall be referred by the Town Board to the Planning Board for a report, which report shall be rendered prior to the date of the public hearing on the application. The Town Board, after a public hearing with the same notice as required by law for Zoning Ordinance amendments and with notice mailed to owners of record of property located within 250 feet of the property included in the application and to any adjacent municipality located within 500 feet of the property included in the application in accordance with General Municipal Law § 239-nn, may authorize the issuance of such a special permit, provided it shall find that all of the following conditions and standards have been met:
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 are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
The location, nature and height of buildings, walls, fences and the nature and extent of the landscaping on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operations of any permitted use not requiring a special permit.
Parking areas will 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.
§ 165-29 Required plan.
A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information, including such information about neighboring properties as may be necessary to determine and provide for the enforcement of this chapter.
§ 165-30 Conditions and safeguards.
[Amended 10-12-1995]
The Planning Board shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
§ 165-31 Expiration.
A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than six months for any reason or if all required improvements are not made within one year from the date of issuance.
§ 165-32 Existing violations.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
§ 165-33 County Planning Board review.
[Amended 10-12-1995]
Special permits may be granted only upon authorization of the Planning Board and are subject to County Planning Board review according to General Municipal Law, § 239-m.
§ 165-34 Annual review.
Special permits shall be reviewed at least once a year by the Code Enforcement Officer.