§ 450-76.2. Special permits for agribusiness and agritourism business., Article XI. Special Permits, Chapter 450. Zoning, Part II. General Legislation, Code of Ordinances, Newstead

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.

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.

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.

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.