The uses specified in this article are hereby declared to possess unique characteristics requiring that each proposal for any such use shall be considered by the Town Board as an individual case. Upon application complying with the requirements of Article VI, special use permits may be issued by the Board in accordance with the administrative procedure set forth in Article VI and only after it has found that each and all of the following standards have been met:

The Town Board may impose additional conditions or restrictions as it may deem necessary prior to approving any special use permit application in order to protect public health and safety, the quality of the Town's natural resource base and the value of property.

No site preparation or construction shall commence, nor shall existing structures be occupied for any special permit use, until final site plan approval has been granted by the Town Board and permits have been issued by all governmental agencies involved.

All special use permits shall be subject to annual renewal. The Town Board will cause renewal applications to be sent to all holders of special use permits. No fee shall be required for renewal of a previously issued special use permit, but if the applicant does not apply for renewal of the special use permit within 30 days after the mailing of the renewal application by the Town Board on its representatives, the existing special use permit shall be revoked, and if the applicant subsequently applies for a special use permit, such applicant will have to pay the applicable application fee.

Essential services as defined in Article II herein may be allowed as a special permit use in any zone district upon approval of a special use permit by Town Board.

The Town Board stall determine the following prior to approving a special use permit:

Motor vehicle service stations and public garages may be permitted as special permit uses in the B Business District upon the approval of a special use permit by the Town Board.

In addition to the information required in the special permit application and enumerated in Article VI herein, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground and number and location of fuel pumps to be installed.

Where a motor vehicle service station abuts a residential district, it shall be screened by a buffer area not less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Town Board, will be adequate to prevent the transmission of headlight glare across the district boundary line. The Town Board shall determine on an individual case basis how close to the right-of-way the landscaped buffer shall be required to be installed. Such buffer screen shall have a minimum height of six feet above the ground. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code Enforcement Officer shall direct the property owner to replace said shrubs.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

All repairs of motor vehicles, except for minor servicing, shall be performed in a fully enclosed building. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

No commercial parking shall be allowed on the premises of a motor vehicle service station or public garage.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

In addition to the signs permitted by Article IX hereof, motor vehicle service stations may also exhibit one temporary sign for a period of up to 45 days setting forth special seasonal servicing of automobiles. Such temporary sign shall not exceed nine square feet in area, shall be located not less than 10 feet inside the property line and shall be removed when no longer current.

No motor vehicle service station or public garage may display more than two unlicensed vehicles for sale outside of an enclosed building at any one time.

There shall be no more than two driveways, with a combined width of not more than 1/3 the site frontage on each public street fronting the site.

No driveway shall be closer than 50 feet to the intersection of two street corner lot lines or within 20 feet of an adjacent lot line.

(Reserved)[1]

No more than one person other than a member of the immediate family occupying such dwelling shall be employed as part of the home occupation or profession.

A home occupation must be conducted within a dwelling which is a bona fide residence of the principal practitioner or in an accessory building thereto which is normally associated with a residential use.

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or the emission of sounds, noises or vibrations.

No outdoor display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.

No sign shall be permitted except in accordance with provisions of Article IX.

Off-street parking shall be provided in accordance with Article IX.

No commercial vehicles with a rated capacity in excess of 1 1/2 tons shall be used in connection with the home occupation or parked on the property.

No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

No more than 30% of the gross floor area of such residence shall be used for the conduct of a home occupation or profession. No more than 40% of the floor area of an accessory structure shall be used for a home occupation or profession.

Private airstrips may be allowed as special permit uses in the A Agricultural District with the approval of a special use permit by the Town Board.

The Town Board shall determine that not more than 25% of the site area proposed for use as a private airstrip contains prime agricultural soils as defined by the Town of Marilla.

An application for the establishment, construction, enlargement or alteration of an airstrip shall include, in addition to requirements for special use permits outlined in Article VI, the following statements and information:

Camping grounds may be allowed as special permit uses in the A Agricultural District with the approval of a special use permit by the Town Board.

The Town Board shall determine that not more than 5% of the site area proposed for use as a camping ground contains prime agricultural soils as defined by the Town of Marilla.

Camping grounds shall be occupied by travel trailers, pickup coaches, motor homes, camping trailers and recreational vehicles and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. No permanent external appurtenances such as carports, cabanas or patios may be attached to any travel trailer or other vehicular accommodation parked in a camping ground, and the removal of wheels and placement of a unit on a foundation in a camping ground is prohibited. No travel trailer or recreational vehicle in excess of 35 feet in length shall be permitted in any camping ground.

Minimum site area shall be 10 acres.

Not more than a total of 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross site area.

Location and access. A camping ground shall be so located that no entrance or exit from a site shall discharge traffic into any residential district nor require movement of traffic from the camping ground through a residential district. A camping ground shall have a minimum of 200 feet of frontage on a public street.

Site conditions. Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors or other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.

Accessory uses. Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:

Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Environmental Conservation and the Erie County Department of Health and shall receive approval from said agencies.

Streets in camping grounds shall be private but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway width requirements:

Sites. Each travel trailer site shall be at least 2,500 square feet in area and have a minimum width of 40 feet.

Recreation facilities. A minimum of 10% of the gross site area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer site, required buffer strip, street right-of-way, storage area or utility site shall be counted as meeting recreational purposes.

Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. No entrance or exit shall require a turn at an acute angle for vehicles moving in the direction intended, and radii of curbs and pavements at intersections shall be such as to facilitate easy turning movements for vehicles with trailers attached.

Off-street parking and loading. In connection with use of any camping ground, no parking, loading or maneuvering incidental to parking or loading shall be permitted on any public street, sidewalk or required buffer or right-of-way or any public grounds or on any private grounds not part of the camping ground, unless the owner has given written permission for such use. Each camping ground shall provide off-street parking, loading and maneuvering space, located and scaled so that the prohibitions above may be observed, and camping ground owners shall be responsible for violations of these requirements.

An adequate lighting system shall be provided for the camping ground.

All utilities shall be underground.

Not less than one covered twenty-gallon garbage receptacle shall be provided for each campsite. Garbage and rubbish shall be collected and disposed of as often as may be necessary to ensure sanitary conditions.

All applicable sanitation standards promulgated by the State of New York shall be met.

No camp structure, except fences, gates and permitted signs, shall be located within 300 feet of any street or property line.

Public and semipublic uses of institutional, health, education, recreational, religious or cultural nature may be allowed as special permit uses in the A Agricultural and R-R Rural Residential Districts upon the approval of a special use permit by the Town Board.

A statement setting forth the details of the operation of the use along with evidence of the proposed activity's eligibility as a not-for-profit use as defined in Article II shall be submitted to the Town Board.

The proposal shall meet the minimum area and yard requirements for such uses as specified in the schedule.[1]

The proposed use shall meet the minimum off-street parking and loading and unloading requirements of this chapter as may be appropriate.

The Town Board, in considering the request for a special use permit, may impose conditions it deems necessary to protect the health, safety and public welfare of the Town.

Kennels may be permitted as special permit uses in the A Agricultural and R-R Rural Residential Districts upon the approval of a special use permit by the Town Board. No kennel shall be permitted in any zoning district without a special use permit.

The minimum lot area for such uses shall be five acres.

Shelters for dogs within kennels shall not be closer than 100 feet to any lot line.

No outdoor area enclosed by fences for the use of dogs shall be permitted within the front yard. Fenced areas shall be set back not less than 50 feet from any side or rear property line.

Rooming houses may be permitted as special permit uses in the A Agricultural and R-R Rural Residential Districts upon the approval of a special use permit by the Town Board.

No rooming house shall provide shelter for more than four tenants who are not family members.

Off-street parking shall be provided as follows: At least two spaces for the family residing on the premises, plus not less than one additional space for each roomer.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Windmills or wind generators may be permitted in any district upon the approval of a special use permit by the Town Board. Windmills and/or wind generators used to supply a portion of a farm's electrical needs (not exceeding 110% of the farm's anticipated demand) are deemed to be on-farm equipment and are permitted by right and do not require a special use permit.

In addition to the requirements for special use permits outlined in Article VI, the site plan shall also show:

No windmill, including blades, shall extend more than 50 feet above the average ground level of the permanent structure, except in the A Agricultural District where the height may extend to 150 feet.

The minimum setback distance between each wind turbine tower and all surrounding property lines, overhead utility or transmission lines, other wind turbine towers, electrical substations, meteorological towers, public roads and dwellings shall be equal to no less than 1.5 times the sum of proposed structure height plus the rotor radius.

Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.

No windmill shall be installed in any location along the major axis of an existing microwave communications link where the operation of the windmill is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Code Enforcement Officer indicating the degree of expected interference and the possible effect on the microwave communications link.

Windmills shall be located or installed in compliance with the guidelines of the Federal Aviation Regulations with regard to airport approach zones (15.503) and clearance around VOR and DVOR stations.

All sites proposed for windmills shall have sufficient access to unimpeded air flow for adequate operation in accordance to the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.

No windmill shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.

If the windmill is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the New York State Electric and Gas Corporation.

Towers shall be located according to plans approved by the Town Board.

Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.

All windmills shall be designed with an automatic device to prevent over-speeding and excessive pressure on the tower structure.

The minimum distance between the ground and any protruding blades shall not be less than 15 feet as measured at the lowest point of the arc of the blades.

Stables for the commercial boarding of horses or riding academies may be permitted in the A Agricultural District upon the approval of a special use permit by the Town Board.

No site preparation or construction shall commence nor shall existing structures be occupied until final site plan approval has been granted by the Town Board and permits have been issued by all governmental agencies involved.

The permitted use may include any of the following:

The land devoted to this use shall not be less than 20 contiguous acres.

One principal single-family dwelling may be located on the land devoted to this use, provided that it complies with the requirements for this chapter. The land area on which the principal single-family dwelling is located shall not be considered as part of the land devoted to this use as set forth in Subsection D above.

The number of horses that may be boarded and/or trained at such property shall not exceed 25 horses for the first 20 acres of land devoted to this use, plus one horse for each additional 1/2 acre.

The stable and the facilities for the storage of manure shall be located on the land devoted to this use and not less than 200 feet from any boundary line.

Exercise tracks and riding rings shall meet the following requirements:

Accessory buildings such as barns (not housing horses), sheds and the like may be located on the land devoted to this use, provided that they are set back at least 200 feet from the street line and 100 feet from each side boundary line, and they are not used for the storage of manure.

Structures on the land devoted to this use (not including the principal dwelling) shall not in the aggregate cover more than 5% of the area of the land devoted to this use.

No structure shall exceed 35 feet in height.

Suitable and adequate off-street parking in accordance with the reasonable requirements of the Planning Board shall be provided. No parking shall be permitted within 200 feet of any property lines.

Exterior lighting stall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

Exterior loudspeakers shall be installed or used on the premises so as to minimize potential nuisances to adjacent properties.

No manure, odor- or dust-producing substances shall be permitted to be stored within 75 feet of any lot line. Any solid manure storage shall be a minimum distance of 75 feet from any property line. Any liquid storage shall be a minimum distance of 150 feet from any property line.

The maintenance of the structures and hygiene conditions connected with the use here permitted shall be under the continuous supervision of the Town Board and the Department of Public Health to the extent necessary. If conditions are found to exist which are dangerous to the health, safety and welfare of humans or horses, or if any of the requirements of this or any other section of this chapter or of any condition attached to the permit issued hereunder are not complied with by the operator of the boarding stable, the permit issued hereunder may be revoked or suspended by the Town Board after public hearing.