Newfane Town City Zoning Code
ARTICLE VIII
Special Exception Uses
§ 270-8.1 Delegation of authority.
The Planning Board is hereby authorized to act on proposed special exception uses which are specifically provided for in this chapter. Such action may include approval, conditional approval, or disapproval based on the standards set forth in this article.
§ 270-8.2 General procedure and conditions.
The Planning Board shall adopt and file in the Municipal Clerk's office such rules of procedures as it may deem necessary to the proper exercise of its responsibilities with respect to special exception uses.
Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals in § 270-13.2. No action shall be taken respecting such matter until all interested parties shall have been given an opportunity to be heard.
All matters which are the subject of a mandatory referral or notice to other agencies, as set forth in the enabling statutes and in §§ 239-l and 239-m, Article 12-B of the General Municipal Law, shall be transmitted to the appropriate agencies by the Secretary of the Planning Board in accordance with the provisions of those sections.
The Secretary of the Planning Board shall keep minutes of the Board's proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. The Secretary shall also keep records of examinations and official actions, all of which shall be immediately filed in the office of the Planning Board and shall be a public record. Each decision of the Planning Board with respect to the approval of a special exception use shall be so stated and documented as to provide a definitive authorization to the Building Inspector for issuing a building permit or certificate of occupancy.
A site plan for any proposed special exception use in any district where authorized shall be submitted to the Planning Board for approval prior to authorization by the Planning Board for the issuance of a building permit.
A special exception authorization by the Planning Board for the issuance of a building permit shall expire within 90 days of such authorization in the event that such permit shall not be applied for within such ninety-day period. Extension of such authorization may be granted by the Planning Board for additional ninety-day periods.
A special exception use, for which a building permit is authorized by the Planning Board pursuant to the provisions of this article, shall be construed to be a conforming use.
Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of § 270-14.10.
The fee for special exception use applications to the Planning Board shall be as established by resolution of the Town of Newfane Town Board and filed in the Building Office.
[Amended 5-26-1999]
§ 270-8.3 General standards.
For every such special exception use the Planning Board shall determine that:
Such use will be in harmony with and promote the general purposes and interest of this chapter as stated in Article I.
The plot area is sufficient, appropriate, and adequate for the use and the reasonably anticipated operation and expansion thereof.
The proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.
The site is particularly suitable for the location of such use in the community.
The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area, or other place of public assembly.
The proposed use, particularly in the case of a non-nuisance industry, conforms with this chapter definition of the special exception use where such definition exists, or with the generally accepted definition of such use where it does not exist in this chapter.
Access facilities are adequate for the estimated traffic from public streets and sidewalks, so as to assure the public safety and to avoid traffic congestion; and further that vehicular entrances and exits shall be clearly visible from the street and not be within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.
All proposed curb cuts have been approved by the street and/or highway agency which has jurisdiction.
There are off-street parking and truck loading spaces at least in the number required by the provisions of Article X, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; further, that the layout of the spaces and driveways is convenient and conducive to safe operation.
Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.
Adequate provisions will be made for the collection and disposal of stormwater runoff from the site, and of sanitary sewage, refuse, or other wastes, whether liquid, solid, gaseous or of other character.
§ 270-8.4 Special conditions and safeguards for certain special exception uses.
No authorization for a building permit shall be granted by the Planning Board for any use listed in this section, unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 270-8.3, the proposed special exception use also meets the special conditions and safeguards required in this section.
Auditorium meeting hall.
Automobile laundry.
The lot area shall be not less than 20,000 square feet, and shall have a minimum frontage of 150 feet along a major street or highway.
No church, school, library, playground, or similar place of public assembly shall be within 500 feet of the site.
Storage area for vehicles waiting for service shall be provided on site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.
An automobile laundry shall not provide other than washing, waxing, simonizing, or similar treatment services.
Outdoor storage and display of accessories, portable signs, and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats, or other vehicles.
Boatyard; boat storage.
Street access through a residential district and into the site shall be adequate for the indicated traffic, and shall not permit trucking that might damage street improvements or deteriorate the residential character of the area.
Accessory service functions of the boatyard may include the provision of fuel and boatyard supplies, repairs for recreational boating, and boat rental.
In addition to any other applicable off-street parking requirements, one off-street parking space shall be provided for each boat berth or mooring.
Particular attention shall be given to the compatibility of the appearance of the proposed facility with the natural scenery. There shall be only one sign visible from the water side that shall be limited to an area and lighting intensity sufficient to provide basic identification of the boatyard's location to passing boats. A second sign not exceeding six square feet in area may be placed at the land entrance to the boatyard site. Intermittent or flashing lights and moving or animated signs are prohibited.
Eating establishment, drive-in, open-front or curb service.
Vehicular entrances and exits shall be shall be controlled by curbing.
There shall be adequate off-street parking and loading space to serve the proposed use, paved with a durable hard-surface material.
There shall be adequate provision for disposal of trash and refuse left on the premises.
There shall be either a suitable fence landscape planting screen along side and rear lot lines.
Filling station.
The lot area shall not be less than 20,000 square feet, and shall have a minimum frontage along the principal street or highway of at least 150 feet.
No church, school, library, playground, or similar place of public assembly shall be within 500 feet of the site.
All pumps, and lubricating and other devices shall be located at least 25 feet from any building, structure, or street line.
Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
The area devoted to the outdoor storage of motor vehicles or parts thereof, or to purposes of dismantling, shall be screened from view of persons on adjacent streets by enclosing such area within a solid fence eight feet high, or such area shall be located inside a building. Not more than five motor vehicles shall be stored outdoors overnight.
Outdoor storage of other than motor vehicles shall be prohibited at all times. Premises shall not be used for the sale, rent, or display of automobiles, trailers, mobile homes, boats, or other vehicles.
Funeral home.
The lot shall have a minimum frontage of 200 feet on a major street or highway.
Off-street parking areas and similar service areas or buildings shall be set back at least 20 feet from all lot lines.
Landscape screening shall be provided to prevent headlights shining or glaring into residential use districts.
Marina or boat ramp, commercial.
Streets across through a residential district and into the site shall be adequate for the indicated traffic, and shall not permit trucking that might damage street improvements or deteriorate the residential character of the area.
Accessory service functions of the marina may include the provision of fuel and marine supplies, repairs for recreational boating, and boat rentals.
In addition to any other applicable off-street parking requirements, one off-street parking space shall be provided for each boat berth or mooring.
Particular attention shall be given to the compatibility of the appearance of the proposed facility with the natural scenery.
There shall be only one sign visible from the water side, and that shall be limited to an area and lighting intensity sufficient to provide basic identification of the marina's location to passing boats. A second sign not exceeding six square feet in area may be placed at the land entrance to the marina site. Intermittent or flashing lights and moving or animated signs are prohibited.
Motel.
There shall be at least 2,500 square feet of lot area for each first-floor guest room and an additional 1,000 square feet of lot area for each guest room on other floors.
Nursery school.
The lot area shall not be less than one acre.
There shall not be less than one pupil for every 1,500 square feet of lot area.
All buildings, structures, and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.
Off-street parking areas shall be not less than 50 feet from any property line.
Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.
Outdoor floodlighting or public address systems are prohibited.
Only one sign, not larger than 12 square feet in area, shall be permitted.
Landscaping and fencing shall be provided as required by the Planning Board.
Planned residential development. No authorization for a building permit or permits shall be granted unless the Planning Board shall specifically find that the proposed special exception for the planned residential development is in keeping with the intent of this provision to provide for flexible planning of residential development on difficult terrain while conserving the natural scenic environment of the Town of Newfane and to implement the Master Plan while meeting the following special conditions and safeguards.
An overall development plan shall be presented showing the use or uses proposed, including dimensions indicating the areas set aside for each use, and the locations of all structures, parking spaces, and rights-of-way or driveways, and the provision for sewer and water service facilities.
Residential dwelling units may be in single-family, two-family or multiple dwelling structures; provided that the total number of dwelling units shall not exceed the density allowed in the zoning district; and further provided that the minimum yard provisions, and in the case of a multiple dwelling, the minimum spacing between buildings, shall be not less than those required:
Open space or common land resulting from the planned residential development design shall only be used for private or municipal recreation, including natural park land. Such land shall only be owned by a nonprofit corporation, or shall be offered for dedication to the municipality or other public agency for the same uses; but in any case a nonprofit corporation, a pre-established offer of dedication shall be filed with the municipality for acceptance if the nonprofit corporation were ever discontinued or failed to maintain the private recreation use or natural parkland.
The proposed planned residential development shall comply with all other applicable requirements of the municipality with respect to land development.
Planned commercial industrial park.
The site area shall be not less than 50 acres.
Individual sites resulting from subdivision or from leasing arrangements may average 80,000 square feet each, provided that no site of less than 80,000 square feet may be located within 400 feet of the park's boundary and further that no site shall be less than 20,000 square feet.
If the proposed park is not subject to the subdivision regulations as a result of common ownership, it shall be approved in a similar manner by the Planning Board and meet the same standards for design and public improvements.
Professional office; medical arts building.
The lot shall have frontage on a major street or highway.
Access to off-street parking areas shall be so designed that traffic to the site will not be encouraged to travel through the minor street system.
Off-street parking areas shall be set back five feet from all property lines shared with adjacent lots in any residence district; further, a five-foot stockade-type fence, or equivalent approved screening shall be located along such property lines.
Truck terminal; truck transfer station.
The lot area shall be not less than 20,000 square feet and have a minimum frontage along a state or county highway of at least 150 feet.
No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.
All entrance and exit driveways shall be approved by the County Highway Engineer or the District Engineer of the State Department of Transportation, depending on whose jurisdiction the highway is located in.
All fuel pumps, lubricating and other devices shall be located at least 25 feet from any building, structure, or street line.
No repair work shall be performed outdoors.
All fuel, oil, gasoline or similar substances shall be stored underground and at least 10 feet from any and all lot lines, and installed and maintained in accordance with the standard of the National Board of Fire Underwriters.
All dismantled automobiles, trucks, tractors, trailers and similar equipment, and parts and accessories thereof shall be stored within a building.
All parking areas for operating vehicles shall be paved, curbed and drained in accordance with municipal specifications. Such areas shall be at least 50 feet from any residence district boundary and at least 10 feet from any property line. No vehicle shall park or stand outside such paved parking area.
Screening shall include planting of evergreen shrubs or trees in addition to a fence so that truck motor noise and the sound of overnight operation of refrigeration units will tend to be muffled.
Quarries; clay, shale, and gravel pits.
No excavation or removal of natural resources material shall be permitted or allowed nearer to any property line or street right-of-way line than 60 feet. All slopes of excavations shall be maintained at no greater an incline than one foot in vertical measurement to two feet in horizontal measurement.
The following conditions shall be imposed upon any approval for excavation and/or removal of natural resources materials:
A survey made by a licensed surveyor or engineer of the applicant's lands indicating thereon the area of the proposed excavation or removal of materials with relation to property and street lines.
A contour map made by a licensed surveyor or engineer indicating the topography of the area from which material is to be excavated or removed.
Restoration and reseeding of the area upon termination of the permit as near as possible to its original condition and in reasonable topographical conformity with the surrounding terrain.
A performance bound to be filed with the Town Clerk and approved by the Town Attorney guaranteeing performance of the conditions imposed by the Board in granting approval.
Days and hours of operation of removal and/or excavation of material.
Any other conditions which may be deemed desirable and necessary to protect the public safety and general welfare within the spirit and intent of this chapter, including but not limited to a termination date of the permit and maintenance of roadways to and from the excavation or removal area.
Farms ponds nay be constructed for agricultural or conservation purposes, but no topsoil, sand, gravel, clay, shale or other materials shall be sold or removed from the farm premises upon which the pond is located. All excavations for any purpose shall be done in an orderly and safe manner, and upon completion of the work the premises shall be left in a clean and tidy condition and so as not to be unsightly or detrimental to the adjacent properties or the surrounding area.