Special permit process for Zoning Board of Appeals.

[Added 11-5-2009 by L.L. No. 3-2009]A. Purpose. Special permit uses are those uses having some special impact or uniqueness which requires a careful review of their location, design, configuration and special impact to determine, against fixed prescribed standards, the desirability of permitting their establishment on any given site. They are uses which may or may not be appropriate in a particular location depending on a weighing, in each case, of the need and benefit against the local impact and effect.B. Initiation. An application for a special permit may be filed by the owner of, or the person having a contractual interest in, the subject property.

Such application shall be on forms provided by the Town of Webster Building Division and be accompanied by a nonrefundable fee, as established by the Town Board. Within 62 days of receipt of a complete application, the Zoning Board of Appeals shall hold a public hearing. Following the public hearing and a determination under SEQRA, the Board shall render a decision on the matter within 62 days, unless the time frame has been extended by mutual agreement.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]C. Effect of permit. A special permit issued in accordance with the provisions of this chapter shall authorize only the special permit use for which the permit is granted.

Any use for which a special permit is granted shall be deemed a use permitted on the property upon which it is located, except that for any additional use or enlargement of such use, a separate use permit shall be required for each addition or enlargement. The special permit may include reasonable conditions related to the proposed use, which the Zoning Board of Appeals determines to be necessary or appropriate to ensure that the applicable standards and safeguards set forth in this section for the use can be and will be met and/or adhered to. A special permit shall be valid for a period of one year to five years, as determined by the Zoning Board of Appeals.

Failure to exercise, maintain or continue a use which has been granted a special permit for a period of one year shall render such permit void.D. Standards for special permits. Before granting approval to any special permit use, the Zoning Board of Appeals shall determine whether the proposed special use will, among other things, satisfy the following considerations:(1) The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts.(2) The public health, safety, general welfare or order of the Town will not be adversely affected by the proposed use in its location.(3) The use will be in general harmony with and promote the general purposes and intent of the most recent Comprehensive Plan of the Town and the Zoning Ordinance (Chapter 350).(4) The proposed use will not interfere with the preservation of the general character of the neighborhood in which such building is to be placed or use is to be conducted and that the proposed use will, in fact, be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance.(5) The physical characteristics and topography of the proposed site make it suitable for the proposed special use.(6) The proposed special use provides appropriate landscaping and/or other forms of buffering to protect surrounding land uses.(7) The property has sufficient, appropriate and adequate area for the use, as well as reasonably anticipated operation thereof.(8) Access to facilities is adequate for the estimated traffic generated by the proposed use on public streets and sidewalks so as to assure the public safety and to avoid traffic congestion.(9) Adequate parking and internal traffic circulation can be accommodated on the property in compliance with other sections of the Code, taking into account adequate buffering and landscaping.(10) Adequate facilities exist or can be integrated into the site development to properly deal with stormwater runoff, sanitary sewers, fire protection, electrical power needs, refuse or other waste that may be generated, odors, noise or lights which may go beyond property boundaries.(11) The natural characteristics of the site are such that the proposed use may be introduced on the property without undue disturbance or disruption of important natural features, systems or processes and without negative impact to groundwater and surface waters on and off the site.(12) The proposed use can and will comply with all provisions of this chapter and of the Code which are applicable to it and can meet every other applicable federal, state, county and local law, ordinance, rule or regulation.E.

Notice of application.[Amended 6-3-2021 by L.L. No. 4-2021](1) Proper notice of a public hearing before any board shall be given by legal notice published in the official newspaper of the Town of Webster, at least five days before the date set for a public hearing, as required by § 274-b of the Town Law.(2) Those submitting applications before the Planning Board and Zoning Board of Appeals, and all special permit and rezoning applications before the Town Board, shall be required to post a Town-provided sign in a publicly conspicuous location on or in front of the front property line of the property affected.

Said sign shall notify the public of a pending application and hearing and shall be posted not less than 10 days prior to and up to the date of the hearing. Such sign shall be provided by the Town and/or its designee and shall be removable by the Town and/or designee within five days after the hearing is concluded.F. Revocation of special permit.(1) A use authorized under this section by special permit may be revoked by the Zoning Board of Appeals if it has been determined, after a public hearing, that there has been a material failure of compliance with any one of the terms, conditions, limitations or requirements imposed by said permit.(2) Said public hearing shall be held only after the permit grantee has been notified, as hereinafter described, by the Zoning Official.

Notice of the violations or of failure of compliance with any one of the terms, conditions, limitations or requirements imposed by said permit, and of the date, place and time of the public hearing, shall be mailed to the special permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee.(3) At least 10 days before said public hearing, a legal notice of said hearing shall be published in a newspaper of general circulation in the Town.[1]Editor's Note: Original § 225-110 , Special use permits, was repealed 6-17-1993.