Village of New Hyde Park, NY Zoning Board of Appeals

Purpose. In order to permit the Zoning Board of Appeals to transact business in those instances when absence or conflict of interest of one or more members precludes a full membership of five members from considering a particular matter, it is deemed advantageous by the Board of Trustees to enact a local law superseding Village Law § 7712 to provide for appointment of alternate (ad hoc) members to the Zoning Board of Appeals.

ALTERNATIVE (AD HOC) MEMBER

Definitions. As used in this section, the following terms shall have the meanings indicated:

An individual appointed by the Village Board to serve the Village Board of Zoning Board of Appeals when a regular member is unable to participate on an application or mailer before the Board as provided herein.

ZONING BOARD OF APPEALS

The Zoning Board of Appeals of the Village of New Hyde Park as established by the Village Board of Trustees under § 195-35 pursuant to the provisions of § 712 of the Village Law.

Appointment; term; powers; applicability of state law.

The Village Board of the Village of New Hyde Park may, in any year it deems necessary, appoint alternate (ad hoc) members to the Zoning Board of Appeals to serve as provided in this section.

The number of alternate (ad hoc) members so appointed pursuant to this section in any year shall not exceed three.

Each alternate (ad hoc) member shall be appointed for a one-year term of office.

The Chairperson of the Zoning Board of Appeals shall assign the alternate (ad hoc) members as necessary when absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending mailer.

Once designated to serve on a particular mailer before the Board, the alternate (ad hoc) members shall have the same powers and duties as regular members of the Board until the mailer is concluded.

Any determination by the Board consisting of alternate (ad hoc) members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board, and all laws, statutes and regulations shall apply and be applied with equal force and effect.

Alternate (ad hoc) members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Village Board.

Authority. This subsection is enacted pursuant to the authority of § 10 of the New York State Municipal Home Rule Law and § 10 of the New York State Statute of Local Governments. It is the intent of the Village Board of Trustees, pursuant to § 10 of the Municipal Home Rule Law, to supersede the provisions of § 7-712 of the Village Law relating to the appointment of members to Village Zoning Boards of Appeal.

§ 195-36 Variances.

The Board of Zoning Appeals may, in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, determine and vary the application of the regulations herein established in harmony with their general purpose and intent without changing the boundaries of the respective zones, as follows:

Where a zone boundary line divides a lot in a single ownership at the time of the passage of this chapter, permit a use authorized on either portion of such lot to extend to the entire lot; but not more than 50 feet beyond the boundary line of the zone in which such use is authorized.

Permit the extension of a nonconforming use or building upon the lot occupied by such use or building at the time of the passage of this chapter.

Permit the erection of an additional building upon a lot occupied at the time of the passage of this chapter by a business or industrial establishment and which additional building is a part of such establishment where carrying out the strict letter of the provisions would result in practical difficulties or unnecessary hardship.

Grant in developed sections of the Village temporary and conditional permits for not more than two years for structures and uses in contravention of the use regulations controlling residence zones; provided that such uses are important to the development of such undeveloped sections, and also provided that such uses are not prejudicial to adjoining and neighboring sections already developed.

Exempt a proposed building, either in whole or in part, from the front yard requirement. This relief shall, however, be granted only in cases where the proposed building adjoins on either or both sides of buildings that do not conform to the minimum setback line or where compliance with the minimum setback line would cause unnecessary hardship to the owner without any compensating benefit to the community.

Adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.

Vary any requirement of this chapter in harmony with its general purpose and intent, so that substantial justice may be done. This authority shall be exercised in instances where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter and in a manner to secure the public health, safety and general welfare.

Permit, as a special use in a business or industrial zone only, the construction, extension, establishment, reconstruction, conversion, maintenance and use of a motor vehicle service station and/or motor vehicle repair shop, as those terms and uses are separately defined in § 195-1 of this chapter, and all accessory uses and different collateral uses and structures as may be authorized or permitted by or under the provisions of this chapter, subject to the specific provisions and limitations set forth in this subsection and Subsection N of this section:

[Amended 10-19-1982 by L.L. No. 6-1982; 7-7-1988 by L.L. No. 1-1988; 2-1-1990 by L.L. No. 1-1990]

Every person seeking a special use permit under the provisions of this subsection shall make a formal application for the same, on forms approved and provided for such purpose by the Board of Zoning Appeals. Such application shall be accompanied by such other papers, documents or materials as may be required by this chapter, by other ordinance or local law of the Village, by state statute or by the rules and regulations of said Board of Zoning Appeals, together with the following items:

A plot plan or survey print, prepared and certified by a registered architect, land surveyor or licensed engineer and dated not more than six months prior to the date of filing of such application with the Board of Zoning Appeals; said plot plan or survey shall clearly show the size and configuration of the subject premises, the street(s) upon which it fronts, the distance and location of all intersecting street(s), and the location and dimensions of all structures, improvements, tanks, storage facilities and the like, whether above or below grade, drawn to scale;

A duly subscribed and notarized "consent and waiver" form, authorizing the inspection of the premises and all structures, uses and facilities thereon, during reasonable business hours, by members of the Village Building and Zoning Departments, Village Code Enforcement Officers and their respective agents and employees, in order to determine compliance with the several provisions of this chapter, of this subsection and of any conditions or requirements imposed by the Board of Zoning Appeals in the special permit requested; and

A certified copy of the deed to the premises if the applicant be the owner of the same, or of the lease or leasehold agreement if the applicant be a tenant or lessee of said premises.

Before granting any special permit applied for under this subsection, the Board of Zoning Appeals shall make the following findings of fact, upon competent evidence presented to it at the hearing on such application:

That the proposed use will not prevent the orderly and reasonable use and enjoyment of properties and uses adjacent to or within the neighboring areas of, the subject premises, especially concerning residential uses in such areas or zones.

That the proposed use will not encumber, prevent or otherwise adversely affect legal uses established adjacent to or within a radius of 200 feet of the subject premises.

That the health, safety, comfort, convenience and general welfare of the Village and of the public at large will not be impaired or adversely affected by the proposed use.

That the proposed use will not deprive surrounding uses of adequate light and air and will not burden the same with undue noise, odors, fumes or other adverse environmental hazards arising out of or in connection with such proposed use, and will not otherwise seriously disrupt the characteristics of the community and environment within the surrounding areas and zones.

That the proposed use will not, by its nature or incidental to its nature, create undue hazards to the life, limb or health of the public, especially those residing in or occupying the surrounding areas to the subject premises, due to increased hazards of fire, explosion or other serious consequence.

That the proposed use, by its nature or due to the consequences of its operations, will not result in an accumulation of junk, wastes, junked vehicles or auto parts, noxious or dangerous fumes or effluents (whether solid, liquid, gaseous or otherwise), sewage, refuse or other rubbish.

That the proposed use shall not increase congestion of streets and sidewalks, or create interference with their free and unfettered use by the public.

(h)

That the proposed use shall be in harmony with, and will promote the general purposes and intent of the Building Zone Code and Comprehensive Plan embraced and evidenced therein, as well as being in harmony with the general and prevailing character of the neighborhood in which such proposed use will exist.

In making its findings, the Board of Zoning Appeals shall give due consideration to the following factors, and may impose such conditions or requirements in its grant of such special permit as it may deem necessary to safeguard and protect such considerations:

The characteristics of existing and probable uses in the district, and the peculiar suitability of such district for the location and maintenance of the proposed use.

The conservation of property values and preservation of orderly and reasonable use and enjoyment of surrounding properties, especially established legal uses.

The effect of the proposed use upon traffic and pedestrian congestion of the public streets, sidewalks and other open public areas or rights-of-way.

The existence or availability of safety measures and other pertinent safeguards against fire, explosion, noxious or dangerous noises, fumes or odors and effluents, such as gas leaks, chemical spills, etc., to be incorporated into the operation or construction of the proposed use site.

The availability of adequate and proper public facilities for the removal, storage or treatment of sewage, refuse or other waste products or effluents (whether solid, liquid, gaseous or otherwise), that may be caused or created by or as a result of the proposed use.

Whether the proposed use will interfere with, or create a burden upon, existing or proposed public services, public streets, parking or other facilities, or public recreational facilities.

Whether surfaced off-street parking space incidental to the proposed use is necessary and such space is adequately and reasonably available on the premises of such proposed use.

(h)

Whether fire or other emergency apparatus will be afforded sufficient and adequate ingress to and egress from the proposed use premises, in the event of fire or other emergency or disaster, so as to protect or effect rescue of persons in or about the premises and the structures and buildings on the premises and on adjoining or adjacent properties.

(i)

Whether the proposed use will cause an overcrowding of land with people, vehicles, structures or other devices, either temporarily or permanently, resulting in increased fire or other hazard, or in danger to the public or properties in the surrounding area.

(j)

Whether sufficient open and unencumbered ingress and egress to the premises, structures and buildings thereon will be afforded to members of the public and private motor vehicles using or entering upon the premises, without undue congestion of adjoining streets or sidewalks.

(k)

Whether the hours of operation of the proposed use, and any accessory or incidental uses or activities on the same premises, would result in an unreasonable impairment of, or interference with, legitimate uses and structures in the surrounding environs, especially residential uses and/or structures in the neighborhood, unless reasonably and strictly limited, so as to balance the conflicting interests of nearby uses and structures with the commercial and proprietary interests of the proposed use. It is the specific finding of the Board of Trustees that all or nearly all available sites for the operation of motor vehicle service stations and/or repair shops, whether presently existing or potentially usable as such in the future, either adjoin residential lots or structures and unrelated business uses or are so physically near and proximate thereto that, by necessity, the operation of a service station or repair shop on any such sites would have immediate, tangible and substantial impact upon the use and enjoyment of such adjoining and surrounding uses and structures; that the unlimited, twenty-four-hour operation of either a service station or a repair shop, or any accessory or incidental uses thereto, would place an unacceptable burden on adjoining and surrounding uses and structures and would amount to a public nuisance due to the unabated noise, traffic, odors and congestion created thereby; and that because of the special problems created by, and attendant with, such special uses, it is both desirable and necessary to strictly limit their adverse impact upon the surrounding community by the limitation of their hours of operation, thereby ensuring and preserving a reasonable period of time each and every day during which surrounding uses may enjoy relative freedom from the noise, traffic, odors and congestion, and other adverse by-products which are necessarily generated by the operation of the subject special uses. Accordingly, the provisions of any other law, statute, ordinance, code, rule or regulation to the contrary notwithstanding, in no event shall any motor vehicle service station or motor vehicle repair shop operate or be operated, nor shall any authorization or permission be given to operate the same, between the hours of 11:00 p.m. and 6:00 a.m., inclusive, prevailing time. This prohibition shall extend to all uses, conduct or other operations maintained on the premises, whether primary, accessory or incidental, without exception, and this prohibition shall be mandatory with respect to each and every service station and repair shop at any time located, operated, used or maintained within the territorial boundaries of the Village, whether by special permit or otherwise. While the stated hours of prohibited operation may not and shall not be reduced, suspended, alternated or otherwise modified to result in different periods of lesser hours, the Board of Zoning Appeals is hereby specifically authorized to increase the hours of prohibited operation, in a given case, where and when the evidence and circumstances in such case support a finding by such Board that an increase is both warranted and reasonable.

The Board of Zoning Appeals shall, in granting any such permit provided for herein, impose such other additional, reasonable and appropriate conditions and restrictions as it may deem necessary or advisable to preserve and protect, foster and maintain the health, safety, convenience, comfort, morals and general welfare of the community and public at large, and shall consider the views of owners of adjacent and surrounding properties relevant to such issues. Every permit issued, as provided for herein, shall set forth as mandatory conditions of issuance, the following limitations and prohibitions, in satisfactory form, based on the size, location and circumstances in each case:

That no vehicle may be stored, parked, left or serviced in any manner, or for any length of time, in, on or upon the public streets, sidewalks or other public areas, or in or upon the lot or part thereof of any property not covered by the special use permit.

No junk vehicle or unregistered vehicle may at any time be stored, parked or left unattended outside the enclosed confines of the buildings on the subject premises.

No vehicle may be parked or stored outside of the buildings on such premises, overnight between the hours of 8:00 p.m. and 6:00 a.m., in excess of the following formula: one vehicle for each 1,000 square feet of open lot area of the premises; and in no event shall more than eight vehicles be so stored or parked on such premises, regardless of lot size or available open lot area of the same.

No vehicle may be stored, parked or left unattended within a radius of 20 feet of any pump, pumping device or pumping tank situated on the subject premises, at any time, except such vehicles which are actually receiving fuel into their fuel tanks from any such pump or device.

No servicing or other work shall at any time be commenced, continued or otherwise proceed on any vehicle in the streets or sidewalks fronting the premises or surrounding areas nor on any part or portion of the premises except for the interior service bays and the area immediately fronting and adjacent thereto in or upon such premises and the buildings thereon.

No vehicles may be parked or stored on the premises overnight, during the aforesaid hours above, except those of legitimate customers of the holder of the special use permit, awaiting servicing or repair, the vehicles actually owned or leased by said permit holder or the vehicles owned or leased by the employees of the permit holder.

(5)

No other use, structure or activity, whether accessory to the special use or otherwise, which it not reasonably and necessarily related thereto and incidental to the primary operation on the premises, shall be constructed, located, established, operated, engaged in or otherwise maintained on the same premises, during the tenure of the special use, except by specific and express authorization and permission of the Board of Zoning Appeals, as evidenced in and limited by, the decision of the Board granting such special use permit. A copy of the special permit and all restrictions and limitations set forth therein shall at all times be posted conspicuously in or upon the premises, and shall be subject to examination by any person visiting or entering in or upon the premises for any lawful purpose.

In considering any application for permission to maintain a separate, unrelated use, structure or activity on the same premises as the special use governed by this subsection, the Board of Zoning Appeals shall consider all of the factors and make all of the findings as provided for under Subsection H(2), (3) and (4) of this section, with respect to the primary use, as applied to the unrelated use, structure or activity, and shall additionally determine whether such unrelated use, structure or activity is compatible with the special use and with surrounding uses and structures in the neighborhood; whether the area of the subject premises can reasonably support the proposed or existing primary use and any proposed unrelated use at the same time; and whether additional traffic, either pedestrian or vehicular, can be reasonably accommodated by both the subject parcel and the surrounding streets, sidewalks and other public rights-of-way.

In its determinations, the Board of Zoning Appeals shall require additional off-street parking spaces on the subject premises to be devoted solely to any such unrelated proposed use on the premises, using a formula of one off-street parking space, having minimal dimensions of at least 200 square feet, for each 50 square feet of the premises or any portion thereof devoted to such unrelated use, with a mandatory minimum of two such spaces in any event, regardless of the actual square footage so devoted to such unrelated use.

For purposes of this subsection, the following uses are hereby deemed to be the sole uses, structures or activities reasonably and necessarily related to the operation of a motor vehicle repair shop, a motor vehicle service station, or both such special uses:

[1]

Motor vehicle repair shop: construction, maintenance and use of interior spray booths, hydraulic equipment; inventory and storage of paints, lacquers and thinners for automotive repainting; inventory and storage of motor vehicle chassis and body parts when actually held for use in repairs made on the premises.

[2]

Motor vehicle service station: construction, maintenance and use of exterior gasoline pumps and service islands, exterior, below-grade and lined gasoline storage tanks and exterior, below-grade and lined waste oil storage tanks; installation of exterior air pumps and hoses for inflation of tires.

[3]

Both such uses: construction, maintenance and use of a garage, interior service bays, interior lifts, auto exhaust filtering and ventilation equipment, air pumps and compressors; installation and use of hydraulic, electrical, pneumatic or hand operated tools, machinery or equipment within the confines of the premises, for the service and repair of motor vehicles; installation and use within the confines of the building of automotive diagnostic equipment and machinery; inventory and storage of tires, mufflers, exhaust pipes, automotive lubricants, fluids and greases, vehicle coolants/antifreeze and related automotive systems repair and tuneup parts, when held on the premises for sale and installation while vehicles are on the premises; examination, testing and inspection of automotive engines, parts and systems; vehicular inspections for preparation of estimates of repair; erections, installation and use of an office for the keeping of books of account; a cash register, bills and billings material and related and necessary office supplies; erection, construction, maintenance and use of employee and/or customer rest rooms, waiting rooms, lounges or service areas; installation and maintenance on the premises of not more than three coin-operated vending machines for the sale and dispensing of newspapers, candy, soft drinks, coffee, cigarettes and wrapped, nonperishable foodstuffs; inventory, storage and sale of maps, atlases, cigarettes, candy, newspapers, nonperishable wrapped foodstuffs, and car-care products by over-the-counter sale, when the aggregate counter, shelf, display or other space used or devoted to all such items does not exceed 40 cubic feet in area; the parking and temporary storage of motor vehicles on the premises when the same are owned by employees working on the premises or are owned by customers who have left the same on premises for immediate and ongoing service or repair; the installation, maintenance and storage on the premises of sanitary dumpsters or carts for refuse and garbage generated by uses, operations and activities on the premises, when such dumpsters and carts do not exceed five cubic yards in capacity; the installation and maintenance on the premises of signs, lighting and fences as permitted by this chapter; and the maintenance, parking or storage of one tow vehicle in connection with the primary permitted special use.[1]

[1]

Editor's Note: Former Subsection H(6), regarding termination and violations of a special use permit, which immediately followed this subsection, was repealed 2-1-1990 by L.L. No. 1-1990.

Permit the erection of a four-car garage and permit the storage of not more than two commercial trucks in an accessory garage in a residence zone.

Permit any public utility in a restricted zone.

Permit in a residence zone, upon the filing with the Building Inspector of the written consents of the owners of 50% of the frontage of the land within 200 feet of the property in question, a boardinghouse, a hotel, a private school, an asylum, a club, a lodge, a social community center, a recreation building and a philanthropic or eleemosynary use or institution.

Second kitchens.

[Added 9-6-77 by L.L. No. 5-1977]

Permit, as a special exception in a residence zone, the construction, extension, establishment, reconstruction, conversion, maintenance and use of a second, separate, above-grade apartment and/or kitchen, in a one-family dwelling, subject to the specific provisions, conditions and limitations set forth in this subsection and Subsection N of this section.

[Amended 2-1-1990 by L.L. No. 1-1990]

Said special exception permit may be granted only upon compliance by the applicant with the following requirements:

The submission by the applicant of a verified application upon forms acceptable to the Board of Zoning Appeals for each and every period for which the permit is to be applicable.

The submission by the applicant with each such application of a plot plan prepared by a registered architect, a licensed professional engineer or licensed surveyor, showing the location of each such structure proposed to be erected or modified on the plot which is the subject of said application and showing the dimensions of each such structure.

The payment by the applicant of the nonrefundable fees provided for under § 195-39A of this chapter.

[Amended 2-1-1990 by L.L. No. 1-1990]

The filing by the applicant with the Village Clerk of the applicant's consent to inspections of the subject premises by the Village Building Inspector during reasonable hours to determine whether use of the premises subsequent to the grant of the special exception permit is in compliance with the provisions of said permit.

The certification by the applicant that the primary residence and occupancy in any such dwelling will be by the owner thereof for the duration of any permit granted hereunder.

The certification by the applicant, on an annual basis, that any separate apartment and/or separate kitchen permitted hereunder is used and occupied solely by members of the household meeting the definition of family as set forth in § 195-21 of this chapter.

[Amended 2-1-1990 by L.L. No. 1-1990]

The submission by the applicant of a restrictive covenant to be filed in the office of the Nassau County Clerk by the applicant at the applicant's expense, which covenant shall declare the limitations of the use of any premises granted a permit hereunder and set forth the grounds for termination of such permit as hereinafter provided.

Before the Board of Zoning Appeals shall grant the permit provided for herein, it shall find, upon the evidence presented:

That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use zones.

That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the zone wherein the proposed use is to be located or of permitted and legally established uses in adjacent use zones.

That the health, safety, welfare, comfort, convenience and order of the Village will not be adversely affected by the proposed use.

That the use will be in harmony with and promote the general purposes and intent of the Building Zone Code.

In making such finding, the Board of Zoning Appeals shall give consideration, among other things, to:

The promotion and enhancement of traditional family needs and family values.

The character of existing and probable uses in the district, and the peculiar suitability of such district for the location of any such permissive use.

The conservation of property values and the encouragement of the most appropriate uses of land.

The effect that the proposed use may have upon traffic congestion on public streets.

The availability of adequate and proper public or private facilities for removal of sewage, refuse or effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.

Whether said use will cause undue interference with existing or proposed public parking or recreational facilities.

Whether bituminous surfaced off-street parking space incidental to the use is necessary, and whether such space is reasonably available.

(h)

Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use or by the proposed structure, or by the inaccessibility of the property or structure thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration of persons upon such plot.

(i)

Whether the proposed use or the proposed structure will cause an overcrowding of land or undue concentration of population.

(j)

Whether the plot area is sufficient, appropriate and adequate for the proposed use and the reasonable anticipated operation and expansion thereof.

(k)

Whether sufficient ingress and egress to the residence is provided.

(5)

The Board of Zoning Appeals shall, in granting the permit provided for herein, impose such additional, reasonable and appropriate conditions and restrictions as it may deem necessary to promote and maintain the health, safety, morals and general welfare of the community, and it shall consider the views of the owners of adjoining property.[2]

[2]

Editor's Note: Former Subsection L(6), regarding the termination of special exception permits, which immediately followed this subsection, was repealed 2-1-1990 by L.L. No. 1-1990.

Renewals.

[Added 9-6-1977 by L.L. No. 5-1977; 2-1-1990 by L.L. No. 1-1990]

Permit, as a special exception in a residence zone, the construction, extension, establishment, conversion, maintenance and use of a second separate, above-grade apartment and/or kitchen, in a one-family dwelling, subject to the specific provisions, conditions and limitations set forth in this subsection and Subsection N of this section.

Said special permit may be granted only upon compliance by the applicant with the requirements set forth in Subsection L(2)(a), (b), (c), (d), (e) and (g), and the following additional requirements:

The certification by the applicant(s) that applicant(s) are one or more of the owners in fee of the subject premises and hold title to at least an undivided 1/2 interest in and to the premises.

Certification that the applicant(s) owning at least an undivided 1/2 interest in the premises, are over the age of 62 years, except that if the applicants are married to each other, only one such spouse shall be at least 62 years of age.

Certification, at least annually, that the combined household gross taxable earned income of the applicants does not exceed $15,000 in the aggregate.

Certification, at least annually, that the primary dwelling unit and/or kitchen on the premises is used and occupied solely by applicant(s) and their family members and that the second apartment and/or kitchen on the premises is used and occupied solely by a separate family household headed by at least one or more persons over the age of 62 years upon whom all such separate family household members are legally and financially dependent.

Certification, at least annually, of the amount of rent charged or to be charged on a monthly or other pertinent periodic basis to every person using or occupying the separate apartment and/or kitchen in the subject premises. For such purposes, a copy of any lease or rental agreement, duly signed by all parties and covering the period in question, shall be sufficient and presumptive evidence of the facts stated therein.

Before the Board of Zoning Appeals shall grant the permit provided for in this subsection, it shall find, upon the evidence presented, all matters required to be found under the provisions of Subsection L(3)(a), (b), (c), and (d) hereinabove.

In making such findings, the Board of Zoning Appeals shall give due and adequate consideration, among other things, to the items required to be considered under the provisions of Subsection L(4)(a) through (k) hereinabove.

Public hearing; filing.

[Added 2-1-1990 by L.L. No. 1-1990]

Every special permit granted under or pursuant to the provisions of Subsections H, L and M of this section, hereinabove, shall continue in full force and effect and without durational limitation or other fixed expiration upon the special use permitted thereby until the same shall be suspended, modified, amended, terminated or revoked by subsequent order of the Board of Zoning Appeals. No such order shall be made or entered except after a duly noticed public hearing, at which the Board shall hear and determine all charges, violations or other specified basis upon which such permit is sought to be amended, terminated or otherwise modified or impaired, and shall allow any evidence or testimony necessary or proper to such determination. Notice of such hearing, including the time, date and place thereof and a specification of the charges or other basis affecting or purporting to affect the status of such permit shall be made, in writing, and shall be served upon the holder or grantee of the subject permit and all other persons required to be notified under the provisions of this chapter or pursuant to the rules and regulations of the Board in the manner and in the time required by this chapter and/or such rules and regulations.

Every special use or special exception permit heretofore granted prior to February 1, 1990, under the provisions of Subsection H, L or M hereinabove, as then previously enacted (hereafter referred to, jointly and severally, as the "predecessor provisions") and which was due or shall hereafter become due to expire on or after August 1, 1989, by operation of any durational condition or limitation set forth in the language or text of such predecessor provisions or set forth in the language or text of any decision, determination or order of the Board of Zoning Appeals made or adopted pursuant to the power or authority of such predecessor provisions shall be and the same hereby is made and deemed amended and continued in all other respects without further regard or legal effect to any such durational limitation or expiration period and shall be construed and interpreted for all purposes as if the same were granted on or after February 1, 1990, in full conformity with the requirements of this subsection.

Every person holding any special permit granted under the provisions of Subsection H, L or M hereinabove, or any predecessor provisions thereof shall annually file and record with the Clerk of the Village such restrictive covenants, certifications, affidavits, inspection reports, registration statements or other documents or papers as may be required under the provisions of this chapter or by rule or regulation of the Board of Zoning Appeals promulgated and adopted to give effect to such provisions, as a condition of such permit. Any permit holder or grantee failing to file, record or submit any such documents or failing to pay any fee, charge or expense required by or under this chapter, within the time provided, shall be subject to the suspension, modification, termination or revocation of such permit and all rights or privileges extended or obtained thereby.

Basement/cellar kitchen. Permit, as a special exception in a residence zone, the construction, extension, establishment, reconstruction, conversion, maintenance and use of a second, separate, basement/cellar kitchen, in a one-family dwelling, subject to the following:

[Added 1-24-2006 by L.L. No. 3-2006]

Applicant with an existing three-piece bathroom (toilet, sink and shower/tub) is prohibited from installing a basement/cellar kitchen.

Applicant with an existing basement/cellar kitchen is prohibited from installing a three-piece bathroom (toilet, sink and shower/tub) and will only be permitted to install a water closet and sink.

§ 195-36.1 Special permits issuable by Building Department.

[Added 11-16-1999 by L.L. No. 5-1999]

Subject to the provisions of this section, and in the interest of furthering public policies applicable to the accommodation of persons with serious physical or other effective disabilities, the Superintendent of Buildings is hereby specifically authorized and empowered, in a proper case, to issue a special permit, without prior variance by, or other prior review and approval of, the Board of Zoning Appeals, to allow the construction and maintenance of so-called handicap ramps and other similar or related structural devices or appurtenances (hereinafter referred to as "disability facilities") accessory to lawful one- and two-family dwellings. Such a special permit may be issued either to the owner of such a dwelling or, upon the prior written consent and approval of such owner being filed with such officer, to the principal lessee of any lawful dwelling unit located in such a dwelling, provided that such owner or lessee, or another family or household member residing with such person, is a legal occupant of said dwelling or dwelling unit and currently suffers from a serious and certifiable disability which restricts his/her access to and from such residence.

A special permit authorized by this section shall be issuable solely for the purpose of allowing the construction and maintenance of requested disability facilities in or along any mandatory open front, side or rear yards of the dwelling premises in excess of any setback, lot coverage or other applicable area or use limitations otherwise prescribed under this chapter or any other chapter of the Village Code. Such a permit shall be issued on a temporary basis not to exceed one calendar year, but may be renewed indefinitely thereafter, provided that a qualified and certifiably disabled person shall continue to occupy and reside in the dwelling premises.

Prior to the issuance of a special permit authorized by this section, the applicant therefor shall supply to or file with the Building Department the following documents or other information relative to the construction and maintenance of the proposed disability facilities

A completed application for a building permit and temporary certificate of occupancy and a set of building plans and a plot plan or survey accurately drawn to scale, showing the location, dimensions, elevations and slope of, and identifying the materials and means of construction to be used for, the proposed facilities.

A written and dated letter or certificate, signed or subscribed by a duly licensed physician, nurse practitioner or physical therapist, identifying the nature and extent of the disability suffered by the person for whose benefit such disability facilities are requested, and attesting to the current need for such facilities.