The Town of Wheatfield allows a variety of uses of land, provided that such uses do not adversely affect neighboring properties, the natural environment or the character of the Town and its neighborhoods. Many of the uses listed in this article are, therefore, permitted only upon issuance of a special use permit by the Planning Board in order to ensure that these uses are appropriate to their surroundings and satisfy performance criteria. Accessory uses or structures used in connection with a special use permit use shall be subject to the same special use permit approval requirements as the principal structure or use. Special use permits are found to be necessary for those uses which, though intended to be allowed when certain criteria are met, are not allowed as a matter of right. It is the intent of this article to determine whether such uses are compatible, desirable and allowable on a case-by-case basis. Special use permits are only allowed where the Planning Board makes findings that they meet the criteria of this section. The burden of establishing that the criteria set forth in this article have been met shall in all cases be on the applicant.

The terms and conditions of any special use permit may be amended in the same manner as required for the issuance of a special use permit, following the criteria and procedures in this chapter. Any enlargement, alteration or construction of any accessory structures not previously approved shall require a special use permit amendment.

In granting or denying special use permits, the Planning Board shall take into consideration the purposes of this article, the scale of the proposed project, the possible impact of the proposed project on the nearby properties and neighborhoods, architectural aesthetics of the area and measures that will mitigate potential adverse impacts and preserve or enhance the character of the Town and the welfare of its citizens. Before granting or denying a special use permit, the Planning Board shall make specific written findings as to whether the proposed project:

The granting of a special use permit shall supersede the requirements of the underlying districts in which the premises is located including any overlay districts.

Any considerations of a special use permit application shall be in addition to and not in lieu of site plan review. Where appropriate, the two procedures may be conducted simultaneously and public hearings may be held simultaneously.

The Planning Board shall hold a public hearing as required by Town Law § 274-b. Thereafter, the Planning Board may approve a special use permit application, may approve a special use permit application in part and disapprove in part, approve a special use permit application with conditions as set forth in its decision or may deny a special use permit application. The Planning Board may base a denial of a special use permit upon inability or failure to prevent or sufficiently mitigate adverse effects as demonstrated by the findings of the Board. Special use permits typically include conditions. In developing conditions, the Planning Board should work with the Code Enforcement Officer to ensure that any conditions to be placed on a special use permit are enforceable. In accordance with § 200-72, violations of special use permit conditions may involve returning to the Planning Board for a decision on revocation of the permit and or enforcement proceedings against that owner.

No permit shall be issued for a special use for a property where there is an existing violation of this chapter.

This article shall be governed by the provisions of Town Law § 274-b, except that as to any provision of this article which is in conflict with said law, this article shall supersede said law pursuant to §§ 10(1)(ii)(a)(1) and (10)(1)(ii)(d)(3) of the Municipal Home Rule Law.

Fees for special use permit applications shall be established, from time to time, by the Town of Wheatfield Town Board.