Newstead City Zoning Code
ARTICLE XI
Special Permits
§ 450-75 General provisions.
The special uses for which conformance to additional standards is required 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 of such uses are hereby declared to possess characteristics of such unique and special form that each specific use shall be considered as an individual case.
§ 450-76 Conditions for issuance.
The Town Board may, upon application and a public hearing thereon, issue a special permit when:
A.
It has been determined that such special use is in accordance with the purpose and intent of this chapter and will not be hazardous, harmful, or offensive or otherwise adversely affect the environment or the value of the neighborhood or the community.
B.
It has been understood that conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, highway access restrictions, increased yard or parking requirements, may be required by the Town Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
§ 450-76.1 Special events permits.
[Added 12-27-2012 by L.L. No. 9-2012; amended 3-27-2023 by L.L. No. 1-2023]
The Town Board of the Town of Newstead has determined that, in order to maintain and preserve public health and safety, there is a need to have some control over special events that are scheduled to take place in the Town of Newstead outside of the Village of Akron. For purposes of this section, a "special event" shall be an event that is preplanned to occur within the Town of Newstead and is anticipated to result in attendance by 50 or more persons and shall include special events and/or holiday events such as Fly-in Days for the Akron Airport, the Pumpkin Festival, in addition to other events throughout the Town of Newstead; a fireworks display of any kind is also a "special event." Private parties, including, but not limited to, graduation parties, wedding celebrations and birthday parties, shall be excluded from the special event permit requirements, provided that all the parking for such event is on private property and only on one side of the public right-of-way, as will be golf tournaments conducted at golf courses. Such special events shall exclude events that are scheduled to occur solely within a completely enclosed building that has been constructed expressly for the conduct of special events, such as the Western New York Exhibition Center or other similar center. Special event permits shall provide for hours of operation of the special event.
A.
Application for permit. The person or organization that wishes to conduct a special event shall file an application with the Building Department for approval of a permit to conduct such special event. Such application for a special event permit shall include the following information:
(1)
The proposed date or dates for the special events and the hours during which such special event(s) is/are to be conducted.
(2)
The number of persons that are anticipated to attend, including the number that are anticipated to be at the event at any given time.
(3)
A map or sketch showing the location where such event is to be held which map or sketch must show the following:
(a)
The location of parking facilities indicating the number of parking spaces that are being provided for.
(b)
The location of toilet facilities including the location of port-a-potties if they are to be provided.
(c)
The location of the entrances where the public is to enter onto the site and where the public is to exit the site.
(d)
The location of vendor facilities including booths and food service facilities.
(e)
The location of all adjacent residential structures.
(f)
In the case of special events and/or holiday events such as Fly-in Days at the Akron Airport, the Pumpkin Festival or etc., information shall be provided as to where the vehicles are to be parked during such event and any additional traffic control measures that are to be undertaken to deal with the additional traffic into the facility.
(4)
What steps are being undertaken to control traffic and provide security for the special events, including the organization that is to provide security and the number of security personnel that are to be provided.
(5)
A special event permit fee of $100 shall be required for a special event. Such special event permit fee shall be waived in the case of community-based special events such as the Fourth of July Celebration and other similar events.
B.
Upon receipt of the application for a special event permit, the Building Department of the Town of Newstead shall review the application for completeness. If some information is lacking or believed to be insufficient, the Building Department shall request supplementary information. Once the application is deemed to be complete, if it meets with the approval of the Code Enforcement Officer, the Building Department shall issue the special event permit, which permit shall, among other things, establish and set forth the approved hours for such special event. The hours for such special event shall not extend beyond 11:00 p.m. The permit may require additional restroom facilities, traffic control and security measures beyond those set forth in the application.
D.
Failure of the applicant to abide by the terms and conditions of the special event permit shall be deemed a violation of the Code of the Town of Newstead and will void the permit. Failure to abide by the terms and conditions or any conduct inconsistent with the approved special event permit may result in the event being shut down by the Code Enforcement Officer, may subject the applicant to a penalty of $250 per violation, and may be grounds for denial of future requests for a special events permit.
E.
Failure to obtain a special event permit prior to holding a special event as set forth herein shall constitute a violation of the Code of the Town of Newstead and will subject the property owner on which a special event was conducted to a penalty in the minimum amount of $250 per violation. Any such special event that is conducted without a permit shall be required to be immediately shut down following the issuance of a violation(s) notice by the Code Enforcement Officer of the Town of Newstead. A second subsequent violation shall result in a penalty in the minimum amount of $300 per violation.
§ 450-76.2 Special permits for agribusiness and agritourism business.
[Added 12-29-2015 by L.L. No. 7-2015]
A.
An application for a permanent special permit to operate an agribusiness or agritourism business in the RA Zoning District shall be submitted to the Building Department, which application must indicate the proposed hours of operation and be accompanied by a site plan which identifies parking areas and establishes minimum distances between any parking and neighboring property and shows the proposed location of all lighting.
B.
Upon receipt of a completed application with the required fee, the application shall be referred to the Planning Board for their review and comment. The Planning Board shall review the site plan to determine if the proposed site plan and hours of operation are satisfactory based upon the location of the proposed agribusiness and/or agritourism business and its proximity to other residential properties in the RA Zoning District. The Planning Board shall then forward the application together with their recommendations to the Town Board.
C.
The completed application with site plan along with the recommendations of the Planning Board shall then be forwarded to the Town Board. The Town Board shall review the application and order a public hearing, which notice of public hearing must be published at least five days prior to the public hearing. Written notice of the public hearing for all applications for a permanent special permit for agribusiness and/or agritourism business shall be provided to the owners of property within 500 feet of the proposed location of the agribusiness and/or agritourism business. Such written notice shall also advise property owners that written comments may be forwarded to the Town Board prior to the public hearing with comments that are accompanied by the name and address of the person providing the comments to be made part of the record.
D.
The Town Board will then determine whether the permanent special permit to conduct the agribusiness and/or the agritourism business shall be granted and set forth specific conditions in such permit. The special permit shall be permanent but subject to revocation if the agribusiness or agritourism business is not operated in accordance with the conditions of the special permit.
§ 450-77 Site plan approval required.
A site plan for the proposed development, as required in Article XII of this chapter, shall be submitted as part of the application, clearly showing that satisfactory provisions have been made concerning the following, where applicable:
A.
Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety, traffic flow and control and access in case of fire or catastrophe.
B.
Off-street parking and loading areas, where required, with particular attention to Subsection A above and to the impact on adjoining properties.
D.
Utilities, with reference to locations, availability and compatibility.
E.
Proper drainage.
F.
Screening and buffering with reference to type, dimensions and character.
G.
Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the zoning district.
H.
Required yards and other open space.
I.
General compatibility with adjacent properties and other property in the district.
§ 450-78 Procedure for issuance.
A.
Application. Application for a special permit shall be made to the Town Board on a form provided by the Town Building Department and shall be accompanied by filing fee as set by the Town Board.
B.
Planning Board review. All applications for a special permit, especially the required site plan, shall be reviewed by the Town Planning Board, which shall report its findings to the Town Board. It is suggested that the applicant meet informally with the Planning Board before incurring the costs of a final site plan.
C.
Notice of public hearing. Notices of the public hearing shall be mailed to adjacent property owners by the Town Clerk.
D.
Required referral. Prior to taking action on the final site development plan, the Planning Board shall refer the plan to the County Planning Board for advisory review and a report in accordance with § 239-m of the General Municipal Law.
E.
Town Board review. After considering the Planning Board's recommendations and after a duly scheduled public hearing, the Town Board may issue a special permit attaching any conditions it may deem necessary.
F.
Voiding of permit. The Town Board may, after a duly scheduled public hearing, void any special permit for noncompliance with the conditions set forth in approving the permit. Such action must be based on documentation of such noncompliance(s) by the Building Department.
§ 450-79 Duration and expiration of special permits.
[Amended 12-29-2015 by L.L. No. 7-2015]
This chapter establishes uses in the various zoning districts that are permitted only by special permit. A number of the uses so established as permitted only by special permit require such a substantial capital investment that the Town Board has determined that such special permits should be considered to be permanent subject to revocation only if the conditions of the special permit are not complied with or if the use is discontinued for a significant period of time. There are other special permits that, although they may require a substantial capital investment, involve uses which could in the future no longer be compatible with other uses in the vicinity and should therefore be subject to termination after a reasonable period of time sufficient to allow for the amortization of the investment by the applicant or if the use is discontinued for a significant period of time. This section shall not apply to special permits specifically provided for home-based businesses which shall be governed by the provisions contained in Article X of this chapter.
A.
Uses by special permit that are deemed to be permanent subject to revocation only if the conditions of the special use permit are not complied with or if the special use shall cease for more than one year shall include the following uses by special permit:
B.
Uses by special permit that are deemed to be permanent but subject to termination as no longer compatible with other uses in the vicinity but only after a period of five years or if the special use shall cease for more than six months include the following uses by special permit:
(1)
Gun clubs or shooting ranges.
(2)
Horse training tracks.
(3)
Kennels.
(4)
Bed-and-breakfasts.
(5)
Buildings for parks, recreation, clubs and fraternal organizations.
(6)
Drive-in theaters.
(7)
Ice and roller skating rinks.
(8)
Golf driving range.
(9)
Car washes.
(10)
Used motor vehicle sales.
(11)
Adult uses.
(12)
Sanitary demolition and construction debris or hazardous waste landfills.
(13)
Junkyards.
§ 450-80 Effect of existing violations.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
§ 450-81 Temporary special permits.
Subject to all the above provisions, requirements and procedures of this article, and with special regard for the comfort, safety, welfare and property rights of the residents of the neighborhood, the Town Board may issue a temporary special permit for special uses not listed elsewhere and not conforming to the provisions of this chapter but which, due to the limited nature of their operations, would have no significant adverse effect on the neighborhood.
A.
Permit renewal.
(1)
Fees.
[Amended 5-14-2018 by L.L. No. 2-2018]
(a)
Year 1 of operation: application fee for approval has been paid.
(b)
Year 2 of operation: temporary permit fee is renewed with a fee of $50.
(c)
Year 3 of operation: temporary permit fee is renewed with no fee.
(d)
Year 4 of operation: temporary permit renewed with no fee.
(e)
Year 5 of operation: temporary permit becomes permanent at no renewal fee.
(2)
Requests for renewal shall be submitted in writing to the Town Board, accompanied by a fee as set by the Town Board.
(3)
Notices of request for renewal shall be mailed to neighboring property owners as set forth in § 450-78C of this article.
(4)
The request shall be reviewed and an inspection made of the property by the Planning Board or its designated agent to verify continued compliance with the necessary criteria and conditions established with the initial approval. The Planning Board shall report its findings to the Town Board which, upon a determination of compliance, may renew the temporary special permit for one year.
B.
Voiding of permit.
(1)
The Town Board may void any temporary special permit for noncompliance with the conditions set forth in approving the permit.
(2)
Failure of the applicant to renew the permit shall result in automatic termination of the special use. For renewal, the applicant must pay the initial application fee and reapply four another permit.