[Added 11-9-1998 by L.L. No. 6-1998]
Drop-off facilities are not permitted within
the Village without a conditional use permit from the Board of Trustees.
Such drop-off facilities shall not be permitted
unless the applicant can assure the Board of Trustees that such facilities
will not create an unsafe condition from the stopping, standing or
parking of vehicles. In the discretion of the Board of Trustees, any
permission given for the installation or maintenance of a drop-off
facility may be based upon conditions to help alleviate the stopping,
standing or parking of vehicles, and such conditional use permit may
be granted for a limited period of time.
Any person obtaining such a permit, may renew
such permit upon its proof to the Board of Trustees that such drop-off
facility has not created an unsafe condition from the stopping, standing
or parking of vehicles. Any such renewal may be subject to such conditions
and time periods as the Board of Trustees deems appropriate. In the
event that such person does not show to the satisfaction of the Board
of Trustees that such drop-off facility will not result in a continued
unsafe condition from the stopping, standing or parking of vehicles,
or that it will not create such an unsafe condition, shall be denied
a renewal of its permit.
[Added 9-13-1999 by L.L. No. 5-1999]
All drop-off facilities in existence on November
9, 1998, for which no conditional use permit has been issued pursuant
to this article, must be terminated prior to February 1, 2000.
[Added 9-13-1999 by L.L. No. 5-1999]
When an application is made for a conditional use for a drop-off facility which existed on November 9, 1998, in addition to the concerns set forth in § 176-191 of this article, the Board of Trustees shall also determine whether or not the applicant has had an opportunity to obtain a reasonable return on its investment, and, in making that determination, among such other relevant matters which the Board deems appropriate, shall consider:
A.Â
The nature of the business of the applicant.
B.Â
The amount of the applicant's investment in the drop-off
facility and in the business in general.
C.Â
The depreciation taken by the applicant on the drop-off
facility and on the other business assets, if any.
D.Â
The book value of the applicant's drop-off facility
and other construction and/or leasehold improvements.
E.Â
In dollars and cents, how the termination of the use
of the drop-off facility will effect that business.
F.Â
If the applicant is a tenant, the term of the lease
and any options, termination rights, or other relevant provisions
of the lease.
G.Â
How the continuance of the drop-off facility will
impact upon the public health, safety, and welfare.
