The Board of Appeals may authorize the issuance of permits for the conditional uses set forth in § 121-6A(6). After the effective date of this chapter, no land, building or structure shall be used and no building or structure shall be erected or altered to be used for any purpose for which a conditional use permit is required by this chapter unless such conditional use permit is issued as provided herein.
The conditional uses for which special permits
are required shall be deemed to be permitted uses, subject, in each
case, to conformity with the requirements and standards set forth
in this article. Any conditional use, lawfully established in accordance
with a conditional use permit issued thereto as provided herein, shall
be deemed to be a conforming use as of the time of its establishment
subject to continued conformity with all conditions imposed thereon.
Each conditional use for which a special use
permit is sought shall be considered as an individual case, and such
use shall conform to the detailed application of the standards set
forth in this article. Prior to authorizing the issuance of a special
permit for a conditional use, the Board of Appeals shall find that:
A.
The proposed conditional use will comply with all
applicable regulations of this chapter.
B.
The proposed use of land will protect and conserve,
insofar as possible, existing native trees, soils, bodies of water
and natural features.
C.
The use will be in such location and of such size
and character that generally will be in harmony with the appropriate
and orderly development of the neighborhood in which it is situated
and will not be detrimental to the orderly development of adjacent
property nor inconsistent with development shown on the Master Plan
prepared by the Planning Board.
D.
The plot, subject to the minimum size stated in § 121-35, for the proposed use will be in such location and of such size and character as to permit the proposed use to be conducted thereon without congestion or overcrowding and without causing or tending to cause an undue concentration of people thereon and that there will not be caused by such use thereon any danger to the public health, safety or general welfare through congestion of traffic or traffic hazard or otherwise, as hereinafter set forth.
E.
In passing upon applications for permits for conditional
uses, the Board shall take into consideration, among other matters
and things:
(1)
Accessibility of the premises and the several buildings
and structures thereon to instrumentalities for police and fire protection.
(2)
Access of light and air to the premises, the buildings
and structures thereon and to adjoining premises.
(3)
Traffic problems, transportation requirements pertaining
to such proposed use and adequacy of facilities for drainage, sewers,
water supply and similar necessities.
(4)
The nature and extent of the activities to be conducted
thereon and the relationship and effect of such activities to and
on adjacent properties and the surrounding area.
F.
The Board shall make written findings with respect
to compliance or noncompliance of the application with respect to
all standards and conditions set forth in and required by this article,
and such written findings shall be filed with the Village Clerk concurrently
with its decision.
A.
The Board shall have no power to grant a conditional use permit for a school, referred to in § 121-6A(6)(a):
(1)
Upon a site of less than 10 acres.
(2)
For the incidental use of any part of the property
for a stadium of a seating capacity in excess of 500 persons.
(3)
Upon a site having a frontage of less than 400 feet
upon a street which has been suitably improved and placed upon the
Official Map of the Village.
(4)
Subsection A(2) above shall not be construed as requiring the Board to grant the right to use any part of such premises for a stadium upon the grant of a permit for a school, irrespective of the seating capacity thereof.
(5)
For housing facilities of any kind upon such school
site, except those suitable and necessary for a resident caretaker
or janitor and his family.
B.
The Board shall have no power to grant a conditional
use permit for a church:
(1)
Upon a site of less than six acres.
(2)
For the erection and use of buildings and structures
to be used for any institutional purpose other than divine worship
and religious instruction, except that use of a building or portion
thereof as a parsonage, rectory or office for administration of the
affairs of the local parish shall be permitted.
C.
The Board shall have no power to grant a conditional
use permit for a clubhouse, as hereinbefore defined, for lands:
(1)
Used as a golf course, if the tract used for such
purposes is less than 50 acres.
(2)
Used in conjunction with a riding club, if the tract
used for such purposes is less than 10 acres.
(3)
Used in conjunction with a tennis club, if the parcel
used therefor is less than six acres.
(4)
Used in conjunction with a beach, yacht or swimming
club or other type of club, if the parcel used therefor is less than
four acres.
(5)
For any other type of club, if the parcel used therefor
is less than two acres.
D.
The Board shall have no power to grant a conditional use permit for a college or university, referred to in § 121-6A(6)(b):
(1)
If the site thereon shall be less than 100 acres,
having a frontage of at least 1,000 feet upon a street suitably improved
and duly placed upon the Official Map of the Village.
(2)
For the incidental use of any part of the site for
a stadium having a seating capacity in excess of 1,000 persons, except
that this subsection shall not be construed as requiring the Board
of Appeals to grant the right to the use of a part of the site for
a stadium for a seating capacity of less than 1,000 persons upon granting
a conditional use permit for a college or university.
(3)
For housing facilities of any kind upon such school
site, except those suitable and necessary for a resident caretaker
or janitor and his family.
A.
In the case of an academic school, a college or a
university, the Board may, in a specific case, vary the regulations
set forth in this chapter relating to height of buildings, front yards,
rear yards and side yards upon making the following findings:
(1)
That such modification is required to enable such
use to provide an essential service to the community.
(2)
In the case of integration of new buildings or enlargement
of existing buildings, that, without such modification, there is no
way to design and construct the new buildings or enlargements in satisfactory
physical relationship to the existing buildings and structures that
are to remain upon the site so as to produce an integrated development.
(3)
That such modification is the minimum modification
necessary to permit the development of such integrated academic school,
college or university and thereby creates the least detriment to the
character of the neighborhood and the use of nearby property.
B.
In approving an application for any conditional use,
the Board may specify, among other conditions which it deems appropriate
in the public interest and promotion of the general welfare, the principal
and accessory uses authorized in each case, the location of buildings,
structures, off-street parking areas and open spaces upon the site,
as well as the conditions under which such uses may be conducted.
C.
The Board may determine the number, location, design
and size of off-street parking spaces to be furnished for each conditional
use for which it may grant a conditional use permit and, on making
such determination, shall consider the anticipated daily attendance,
the number of transients estimated to come to the facility, the peak
hours and loads and the anticipated turnover of vehicles and may use
all statistics, studies, general standards and specifications of other
communities for parking for the particular conditional uses involved.
[Amended 10-19-1970]
The applicant shall file an application for
a conditional use, duly signed and acknowledged by each person having
an interest in the land proposed to be occupied by such conditional
use. Such application shall be accompanied by:
A.
A survey, prepared by a licensed surveyor, showing
the outer boundaries of the plot, tract or parcel of land involved,
together with all land within 1,000 feet of such boundary, excluding
in such computation:
B.
A site plan, showing topographical contours not more
than 10 feet apart, proposed location of all buildings, structures,
roads, parking fields, open areas and other matters affecting the
plan of development.
C.
Elevations and ground plans of each proposed building
and structure, showing the proposed appearance of each outer wall.
D.
A survey of traffic and estimates of additional traffic
which will or may be generated by such use.
E.
Such additional detailed information as may be required
by the Board.
F.
A filing fee of $50.
A permit for a conditional use or for a modification of the regulations, referred to in § 121-36, granted under the provisions thereof, shall automatically lapse if substantial construction, in accordance with the plans for which such permit was granted, has not been completed within one year from the date of granting such permit by the Board or, if judicial proceedings to review the Board's decision shall be instituted, from the date of entry of the final order in such proceedings, including all appeals, except those in the case of a conditional use permit for the erection of a college or university, such period for completion of substantial construction shall be two years.
Any conditional uses for which a conditional use permit is required or for which a conditional use permit may be granted, as provided in Article VII, which use was lawfully existing at the effective date of this chapter, may be deemed a conforming use despite nonconforming conditions in respect to area, density or off-street parking; provided, however, that the owner or lessee of such conditional use shall, within one year of the effective date hereof, apply for and secure an occupancy permit; the occupancy permit fee, prescribed under Article X,[1] shall not be required for an initial occupancy permit
issued pursuant to this section. Such occupancy permit, however, shall
relate only to buildings, facilities and structures in existence at
the time of its issuance and shall not be construed as permitting
additional buildings or facilities upon such lot unless approved by
the Board of Appeals in the same manner as upon an initial or new
application for a permit for such conditional use.
