The uses listed herein as special uses are permitted
only upon approval by the Board of Appeals in accordance with the
procedures and standards herein. After approval, such uses shall be
deemed permitted uses in the districts wherein located, subject to
any conditions attached thereto. Failure to conform to any of the
required general and specific conditions contained in this article
shall render the special use permit void.
Applications for special use approval pursuant
to this chapter shall be on forms prescribed by the Superintendent
and/or the Board of Appeals. Such application shall accompany the
application for site plan approval where applicable.
Within 60 days of receipt of a complete application
in proper form, together with the final site plan, the Board of Appeals
shall provide for public notice and schedule a hearing on any application
for a special use permit. The Board shall decide the matter within
62 days after the close of the hearing subject to the provisions of
the State Environmental Quality Review Act[1] or other required permits. The public hearing on the special
use permit application and the site plan review shall be combined,
and the Board of Appeals shall decide both. The time periods herein
may be extended by consent of the Board of Appeals and applicant.
An adjournment of the hearing for any reason shall not constitute
a close of the public hearing.
[1]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
An applicant for a special use permit shall,
simultaneously with the filing of such application, file an application
for site plan approval together with appropriate plans, drawings and
fee for site plan review with the Superintendent.
The decision of the Board of Appeals shall be
filed in the office of the Village Clerk within five business days
after the day such decision is rendered. Such decision shall be signed
by the Chairman. Special use approval shall be deemed to be indefinite
authorization unless otherwise specified in the approval thereof,
but in any case shall expire within 12 months of the date of approval
unless a building permit has been issued for the special use. Such
period may be extended once for a period not to exceed 12 months on
a separate application to the Board of Appeals.
Any person aggrieved by any decision of the
Board of Appeals hereunder within 30 days after the filing of a decision
in the office of the Village Clerk may apply to the Supreme Court
of the State of New York for judicial review of such decision pursuant
to Article 78 of the Civil Practice Law and Rules.
The fee for a special use permit application
to the Board of Appeals shall be established by the Village Board
by resolution at an open meeting.
A.
General conditions. Prior to approving any special
use, the Board of Appeals shall determine that the proposed use and
its associated proposed development conforms with the conditions and
standards set forth in this chapter. Conditions required for approval
of such uses are of a general and specific nature. In various provisions
of this chapter specific standards are enumerated for certain uses,
which standards shall be the minimum conditions for such use. Where
required, special use permit applications shall be referred to the
Nassau County Planning Commission. The general conditions and standards
for special use approval are as follows:
(1)
The proposed use shall be of such location,
size and character that it will be in harmony with the appropriate
and orderly development of the district in which it is proposed to
be situated and not be detrimental to the site or adjacent properties
in accordance with the zoning classifications of such properties.
(2)
The location and size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its size layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous.
(3)
The nature and extent of landscaping on the
site shall be such that the use will not hinder or discourage the
development and use of adjacent land and buildings.
(4)
The proposed use will not require such additional
public facilities or services or create such fiscal burdens upon the
Village greater than those which characterize uses permitted by right.
(5)
As a condition of all special use permits, right
of entry of authorized Village officials for inspection, with reasonable
notice, shall be provided for to determine compliance with the conditions
of said permit.
(6)
Special use permits shall be issued for an indefinite
period or as otherwise determined by the Board of Appeals. Each applicant
shall be required to apply for renewal after the expiration of the
time for which the approval is authorized. Such application shall
conform to the procedures required to be followed in the original
application.
(7)
The use or the structures to be used therefor
will not cause an overcrowding of land or undue concentration of population.
(8)
The plot area shall be sufficient, appropriate
and adequate for the use and the reasonably anticipated operation
and expansion thereof.
(9)
The proposed use will not cause a hazard to
life, limb or property because fire, flood erosion or panic as may
be created by reason of or as a result of the use or by the structures
to be used therefor or by the inaccessibility of the property or structures
thereon for the convenient entry and operation of fire and other emergency
apparatus.
(10)
In addition to the general standards for special
use set forth above, the Board of Appeals may, as a condition of approval
of any such use, establish any other additional conditions and requirements,
including a limitation on hours or days of operation, as it may deem
necessary or appropriate to promote the public health, safety and
welfare and to otherwise implement the intent of this chapter.
B.
Specific conditions. In addition to the requirements
prescribed by this chapter, specific conditions have been established
for each special use hereinafter enumerated. Such uses are conditionally
permitted in the districts specified by this chapter subject to the
approval of the Board of Appeals.
(1)
Animal hospitals or veterinary clinics.
(a)
Such use is conditionally permitted in C-2 and
C-3 Districts only.
(b)
No outside cages, dog runs or similar areas
shall be permitted.
(c)
The applicant shall demonstrate to the Board
of Appeals that no significant noise or odor from the animal hospital
or clinic shall be detectable from points outside the premises.
(d)
No kennel shall be allowed as part of an animal
hospital or veterinary clinic unless extended boarding of an animal
is necessary for medical reasons.
(e)
No burial facilities or crematories shall be
permitted.
(f)
The applicant shall specify to the Board of
Appeals the methods to be utilized for the disposal of carcasses,
carcass parts or infectious materials.
(g)
Such use shall comply with the applicable off-street
parking regulations prescribed by this chapter.
(2)
Auto body repair, collision and painting facility.
(a)
Such use is conditionally permitted in a C-3
District only.
(b)
All principal activities shall be conducted
within an enclosed structure.
(c)
No outdoor repair, painting or other servicing
of motor vehicles shall be permitted.
(d)
All curb cut accesses shall be defined by the
use of concrete curbing and shall be designed to provide and ensure
safe and convenient ingress and egress without the potential for backing
vehicles into the public street or sidewalk.
(e)
No structures except fenced rubbish enclosures
shall be located in any required yards or setbacks.
(f)
All vehicles shall be parked and/or stored within
an enclosed building at all times except employees' vehicles or tow
trucks which may be parked outside the building and on the lot during
normal business hours and only in areas designated on the site plan.
(g)
There shall be no outside storage or display
of accessories or other products of any kind.
(h)
No portable signs shall be permitted on the
lot at any time.
(i)
Rubbish, oil cans, tires, discarded motor vehicle
parts and components and any other waste materials may be temporarily
stored outdoors in one or more receptacles completely enclosed by
a solid fence or other solid enclosure.
(j)
Any required landscaped area shall be designated
on the site plan and shall be maintained in a neat and healthy condition
at all times.
(k)
A public address system, radio system or any
other amplified or excessive noise detectable from the outside of
the premises is prohibited.
(l)
All parking areas and spaces shall have paved
surfaces.
(m)
Such use shall comply with applicable off-street
parking regulations prescribed by this chapter.
(3)
Bowling alleys.
(a)
Such use is conditionally permitted in a C-1,
C-2 and C-3 District only.
(b)
If liquor is served on premises pursuant to
a validly issued liquor license, such use shall not be located nearer
than 200 feet to any entrance of a place of worship, school of general
instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(c)
All rubbish receptacles or dumpsters shall be
located within an area enclosed by a fence or other solid enclosure
and shall be located so as not to have an adverse impact upon any
abutting property.
(d)
The applicant shall demonstrate to the Board
of Appeals that the proposed use will not adversely affect adjoining
properties due to excessive noise.
(e)
Fencing or other screening shall be provided
as determined by the Board of Appeals.
(f)
Game centers and game rooms, as defined by this
chapter, are conditionally permitted accessory uses within a bowling
alley subject to approval by the Board of Appeals.
(g)
Such use shall be required to comply with the
applicable off-street parking regulations prescribed by this chapter.
(4)
Cabaret-type entertainment.
(a)
This type of use shall be conditionally permitted
in a C-1, C-2 and C-3 District only.
(b)
If liquor is served on premises pursuant to
a validly issued liquor license, such use shall not be located nearer
than 200 feet to any entrance of any place of worship, school of general
instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(c)
The applicant shall demonstrate to the Board
of Appeals that the proposed use will not adversely affect adjoining
properties due to excessive noise.
(d)
This use shall be required to comply with the
applicable off-street parking regulations prescribed by this chapter.
(e)
Any facility for cabaret-type entertainment
which constitutes a place of public assembly, as defined by this chapter,
shall, in addition to the special use permit for this use, be required
to obtain a special use permit for a place of public assembly and
shall comply with all conditions prescribed therefor.
(f)
Cabaret-type entertainment affiliated with schools,
places of worship, home events, philanthropic associations or Village
sponsored concerts or events shall not require special use permits.
(5)
Clubhouse or lodges.
(a)
Such use is conditionally permitted in CX, C-1,
C-2 and C-3 Districts only.
(b)
Any facility within a clubhouse or lodge which
provides for cabaret-type entertainment or constitutes a place of
public assembly, as defined by this chapter, shall, in addition to
the special use permit for a clubhouse or lodge, be required to obtain
a special use permit for cabaret-type entertainment or a place of
public assembly and shall comply with all conditions prescribed therefor.
(c)
Game centers and game rooms, as defined by this
chapter, are conditionally permitted accessory uses within a clubhouse
or lodge and are subject to approval by the Board of Appeals.
(d)
Screening shall be provided as required by the
Board of Appeals.
(e)
The applicant shall demonstrate to the Board
of Appeals that the proposed use will not adversely affect adjoining
properties due to excessive noise.
(f)
All dumpsters shall be located so as not to
have an adverse impact upon adjacent property and shall be enclosed
in a solid fence or enclosure.
(g)
If liquor is served on premises pursuant to
a validly issued liquor license, such use shall not be located nearer
than 200 feet to any entrance of any place of worship, school of general
instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(h)
Off-street parking and loading shall be provided
in accordance with the applicable requirements of this chapter.
(6)
Commercial storage garage.
(a)
This use is conditionally permitted in a C-3
District.
(b)
All storage and parking shall be within an enclosed
structure provided with adequate ventilation and exhaust systems.
(c)
There shall be no dismantling, servicing, fueling
or repairing of any vehicle in such storage garage without obtaining
a special use permit for such repair.
(d)
Such use shall be used solely for the parking
and storage of registered commercial vehicles.
(e)
Such use shall comply with all bulk regulations
for principal buildings for the district in which it is located.
(f)
All parking areas and spaces shall have paved
surfaces.
(g)
There shall be no other use permitted in conjunction
with this use.
(7)
Dance halls.
(a)
Such use is conditionally permitted in C-1,
C-2 and C-3 Districts.
(b)
The applicant shall demonstrate to the Board
of Appeals that the proposed use will not adversely affect adjoining
properties due to excessive noise.
(c)
Such use shall be required to comply with any
applicable off-street parking requirements prescribed by this chapter.
(d)
If liquor is served on the premises pursuant
to a validly issued liquor license, such use shall not be located
nearer than 200 feet to any entrance of any place of worship, school
of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(e)
Any dance hall which has a facility for cabaret-type
entertainment or is a place of public assembly, as defined by this
chapter, shall, in addition to the special use permit for a dance
hall, be required to obtain a special use permit for cabaret-type
entertainment or a place of public assembly and shall comply with
all conditions prescribed therefor.
(8)
Gasoline stations.
(a)
Such use shall be conditionally permitted in
C-3 Districts only.
(b)
All other automotive accessories intended for
retail sale in connection with the gasoline station use shall be specifically
set forth and listed in the application for the special use permit.
(c)
Water and air shall be provided free of charge.
(d)
No other facilities or activities shall be permitted
which provide for lubricating, washing, changing tires or oil or otherwise
servicing or repairing motor vehicles except to add necessary oils
or other automotive fluids.
(e)
Storage of motor vehicles on the premises is
prohibited.
(f)
Compliance with applicable off-street parking
regulations prescribed by this chapter shall be required.
(g)
All curb cut accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient travel without the potential for backing vehicles into
the public street.
(h)
Pumps, pump islands and other structures shall
not be located in any required yards or setbacks.
(i)
No outdoor display of products not associated
with the use shall be permitted.
(j)
There shall not be any outside storage or display
of accessories when such use is not open for business.
(k)
No portable signs are allowed at any time or
at any location on the premises.
(l)
A landscaped screening area shall be provided
where required by the Board of Appeals.
(m)
All landscaped areas designated on the site
plan and/or landscaping plan shall be maintained in a neat and healthy
condition at all times.
(n)
Adequate queuing areas as determined by the
Board of Appeals shall be provided in order to prevent vehicles from
backing onto public streets.
(o)
In the event that a gasoline station is abandoned,
as determined by the Superintendent, the owner, lessee and/or motor-fuel
supplier of said gasoline station shall immediately secure the property
as directed by the Superintendent. The owner and/or lessee shall also
provide adequate protection against unlawful entry into the buildings
and onto the property and shall close all vehicular entrances to the
property to prevent the storage of abandoned vehicles thereon.
(p)
A public-address system or any other amplified
noises are prohibited.
(q)
All parking areas and spaces shall have paved
surfaces.
(r)
Any self-service facility proposed for a gasoline
station within a C-2 or C-3 District may be permitted by the Board
of Appeals only on premises not less than 10,000 square feet in total
land area and at least 200 feet (measured from the outer perimeter
of the premises) from any residence district boundary, provided that
the Board of Appeals finds that adequate queuing is provided for and
no other traffic hazards will be created by such self-service facility,
and further provided that a full-service facility or pump is also
maintained during all hours of operations.
(9)
Health, tennis and swimming clubs.
(a)
Such use shall be conditionally permitted in
C-1, C-2 and C-3 Districts only.
(b)
All outdoor tennis courts, running tracks, swimming
pools or other outdoor recreation facilities shall be adequately fenced,
screened and landscaped as required by the Board of Appeals.
(c)
Outdoor swimming pools shall be required to comply with regulations pertaining to maintenance, operation, drainage and fencing set forth in Article XIX of this chapter.
(d)
Lighting shall be designed so as to avoid excessive
glare on adjoining properties and streets.
(e)
The applicant shall demonstrate to Board of
Appeals that the proposed use will not adversely affect adjoining
properties due to excessive noise.
(f)
Such uses shall comply with applicable off-street
parking regulations prescribed by this chapter.
(10)
Home occupations and home professional offices.
(a)
Such uses are a conditionally permitted use
in R-1, R-2, R-A and CX Districts.
(b)
Any such accessory personal service use or accessory
office use must be conducted entirely within an owner-occupied dwelling
by the owner-residents thereof and must be secondary and incidental
to the use of the dwelling.
(c)
Such use may not change the character of such
dwelling nor have any exterior evidence of such accessory use other
than a permitted announcement sign.
(d)
Such use may not involve, except as otherwise
permitted in residential districts, the parking, storage or standing
of any commercial vehicles or construction equipment or the outdoor
storage of materials nor the keeping of stock-in-trade or sale of
any goods or use of any chemical, mechanical or electrical equipment
which is not a customary household appliance or piece of office equipment.
(e)
No more than 15% of the habitable floor area
of the residence dwelling may be utilized for any home occupation
or home professional office and in no event shall exceed 750 square
feet of floor area.
[Amended 1-14-2013 by L.L. No. 1-2013]
(f)
The Board of Appeals may require off-street
parking spaces in addition to off-street parking requirements prescribed
by this chapter for such dwelling.
(11)
Laboratory and research facility.
(a)
Such use is conditionally permitted in C-2 and
C-3 Districts.
(b)
All dangerous or hazardous waste and refuse
disposal shall be handled by private sanitation carters at applicants'
expense.
(c)
The Board of Appeals shall have the right to
limit any such laboratory or research facility uses to C-3 Districts
or prohibit such uses from any district depending on the nature of
such use.
(d)
Such uses shall be required to comply with the
off-street parking requirements prescribed by this chapter.
(e)
Each such use shall provide adequate ventilation,
filtration and exhaust systems necessary for any specific use.
(f)
Any boilers or heating, ventilation or air-conditioning
systems shall be contained in a separate, fireproofed, sealed room
with air intake facilities independent from the balance of the building
in which such use is located.
(12)
Limited automotive repair and maintenance facility.
(a)
Such use shall be conditionally permitted in
C-3 Districts only.
(b)
No outside storage or parking of unregistered
motor vehicles is permitted.
(c)
Outside storage or parking of registered motor
vehicles is permitted for a period not to exceed 72 hours and only
if such vehicles are on the premises for repair.
(d)
All automotive accessories intended for retail
sale in connection with such limited automotive repair and maintenance
facility shall be specifically set forth and listed on the application
for the special use permit.
(e)
Water and air shall be provided free of charge.
(f)
Compliance with off-street parking regulations
prescribed by this chapter is required.
(g)
All curb cut accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient ingress and egress without the potential for backing vehicles
into the public street.
(h)
No accessory structures shall be located in
any required setbacks.
(i)
No outdoor display of products not associated
with the use shall be permitted.
(j)
There shall not be any outside storage or display
accessories when such uses are not open for business.
(k)
No portable signs are allowed at any time or
at any location.
(l)
A landscaped screening area shall be provided
where required by the Board of Appeals.
(m)
All landscaped areas designated on the site
plan and/or landscaping plan shall be maintained in a neat and healthy
condition at all times.
(n)
A public address system or any other amplified
noises are prohibited.
(o)
All parking areas and spaces shall have paved
surfaces.
(p)
Any limited automotive repair and maintenance
facility which operates a gasoline station, as defined by this chapter,
shall obtain a separate special permit for each such use.
(q)
No outdoor repair of motor vehicles is permitted
except for emergency repair.
(13)
Major automotive repair and maintenance facility.
(a)
Such use shall be conditionally permitted in
C-3 Districts only.
(b)
No outside storage of or parking of unregistered
motor vehicles.
(c)
Outside storage or parking of registered motor
vehicles is permitted for a period not to exceed 72 hours and only
if such vehicles are on the premises for repair.
(d)
All automotive accessories intended for retail
sale in connection with such limited automotive repair and maintenance
facility shall be specifically set forth and listed on the application
for the special use permit.
(e)
Water and air shall be provided free of charge.
(f)
Compliance with off-street parking regulations
prescribed by this chapter is required.
(g)
All curb cut accesses shall be defined by the
use of concrete curbing and shall be designed to provide safe and
convenient ingress and egress without the potential for backing vehicles
into the public street.
(h)
No accessory structures shall be located in
any required setbacks.
(i)
No outdoor display of products not associated
with the use shall be permitted.
(j)
There shall not be any outside storage or display
accessories when such uses are not open for business.
(k)
No portable signs are allowed at any time or
at any location.
(l)
A landscaped screening area shall be provided
where required by the Board of Appeals.
(m)
All landscaped areas designated on the site
plan and/or landscaping plan shall be maintained in a neat and healthy
condition at all times.
(n)
A public address system or any other amplified
noises are prohibited.
(o)
All parking areas and spaces shall have paved
surfaces.
(p)
Any major automotive repair and maintenance
facility which operate a gasoline station, as defined by this chapter,
shall obtain a separate special permit for each such use.
(q)
No outdoor repair of motor vehicles is permitted,
except for emergency service.
(14)
Medical clinics.
(a)
Such use shall be conditionally permitted in
C-1, C-2 and C-3 Districts only.
(b)
The applicant shall demonstrate to the Board
of Appeals its right to use the property either by lease or other
title and also provide a copy of the licenses that will be utilized
or necessary in the operation of such clinic.
(c)
The applicant shall specify to the Board of
Appeals the type of wastes generated by such clinic and the method
of disposal of the same, and if such wastes are deemed to be dangerous,
toxic or infectious, the Board of Appeals shall require waste removal
by private sanitation carters at the expense of applicant.
(d)
Such use shall comply with applicable off-street
parking regulations prescribed by this chapter.
(15)
Motor vehicle dealerships.
(a)
Such use is conditionally permitted in C-2 and
C-3 Districts.
(c)
Facilities for all automotive repair, maintenance,
servicing and preparation of such motor vehicles may be provided on
the premises if performed within an enclosed structure. A separate
special use permit shall be required for that portion of the dealership
which relates to service and automotive repair.
(e)
Compliance with off-street parking and loading
regulations prescribed by this chapter is required for each use conducted
on the premises.
(16)
Nursery schools.
[Amended 12-19-2022 by L.L. No. 5-2022]
(a)
Such use is conditionally permitted in CX, C-1 and C-2 Districts only,_subject to approval under Article XXXV.
(b)
No outdoor play area may be located in a front yard.
(c)
All outdoor play areas shall be adequately secured with fencing
not less than 48 inches in height measured from grade along line of
installation and each fence shall be equipped with a self-closing,
self-latching gate.
(d)
Any accessory swimming pools on school premises shall comply
with regulations prescribed by this chapter for private swimming pools.
(e)
Applicant shall demonstrate to the Board of Appeals its right
to use the property by lease, rental or title and shall provide a
copy of any licenses which are required to operate the premises as
a nursery school.
(f)
No cellar area of a building may be used by the children for
any purpose.
(g)
Nursery schools shall comply with all applicable construction,
fire and safety standards required by the State of New York, County
of Nassau, Village or any other agency having jurisdiction.
(17)
Nursing or convalescent home.
(a)
Such use is conditionally permitted in C-1 and
C-2 Districts only.
(b)
The applicant shall demonstrate to the Board
of Appeals the right to use the premises by lease, rental or title
and also provide a copy of any licenses necessary to operate the premises
as a nursing home.
(c)
The applicant shall specify to the Board of
Appeals the type of wastes generated by such nursing home and the
method of disposal of the same, and if such wastes are deemed to be
dangerous, toxic or infectious, the Board of Appeals shall require
waste removal by private sanitation carters at the expense of applicant.
(d)
Any nursing or convalescent home shall be required
to comply with all applicable rules, regulations and laws by any county,
state or federal agency having jurisdiction over nursing homes.
(e)
Compliance with the off-street parking regulations
prescribed by this chapter is required.
(18)
Philanthropic or charitable associations.
(a)
Such use is conditionally permitted in CX, C-2
and C-3 Districts.
(b)
Any facility within a philanthropic or charitable
association which constitutes a place of public assembly and/or clubhouse
or lodge, as defined by this chapter, shall, in addition to the special
use permit for a philanthropic or charitable association use, be required
to obtain a special use permit for such uses and shall be required
to comply with the conditions for such uses.
(c)
Compliance with applicable off-street parking
regulations prescribed by this chapter shall be required.
(d)
Screening shall be provided as required by the
Board of Appeals.
(19)
Places of public assembly.
[Amended 12-19-2022 by L.L. No. 5-2022]
(a)
Places of public assembly are conditionally permitted in C-1,
C-2 and C-3 Districts. Certain permitted uses in all districts may
constitute places of public assembly such as places of worship and
schools in any R and C District or clubhouses, lodges and philanthropic
associations in any C District, including CX District.
(b)
Public assembly for places of worship and education use shall be subject to approval under Article XXXV of this chapter.
(c)
All rules, regulations and laws prescribed by any county, state
or federal agency having jurisdiction apply to places of public assembly
within the Village, and compliance with such regulations shall be
required.
(d)
The applicant shall demonstrate that no excessive noise will
be discernible at any point beyond property lines.
(e)
Compliance with the off-street parking regulations prescribed
by this chapter shall be required, and the Board of Appeals may impose
more restrictive off-street parking requirements as it deems necessary.
(f)
The applicant shall demonstrate compliance with construction
safety and fire standards established by the New York State Fire Code,
Building and Construction Code and Nassau County Fire Marshal.
(20)
Educational uses, including private schools
of religious, special or general instruction.
[Amended 12-19-2022 by L.L. No. 5-2022]
(a)
Schools of religious instruction are conditionally permitted in R-2, R-1, R-A and CX Districts, subject to approval under Article XXXV.
(b)
Private schools of special or general instruction are conditionally permitted in CX Districts, subject to approval under Article XXXV.
(c)
No conditionally permitted school shall be located within a
frame dwelling in an R-2, R-1, R-A or CX District unless special instruction
is administered in conjunction with an authorized home occupation
or home professional office, and in such case, class size shall not
exceed six students at any one time.
(d)
Applicant shall demonstrate that no excessive noise will be
discernible at and beyond property lines.
(e)
No outdoor play area may be located in a front yard.
(f)
No cellar area of a building shall be used for instruction purposes
unless the applicant can demonstrate compliance with all applicable
construction, fire and safety standards required by the State of New
York, County of Nassau, Village or any other agency having jurisdiction.
(g)
All outdoor children's play areas shall be adequately secured
with fencing not less than 48 inches in height measured from grade
along line of installation, and each fence shall be equipped with
a self-closing, self-latching gate.
(h)
Any accessory swimming pools on school premises shall comply
with regulations prescribed by this chapter for private swimming pools.
(i)
The applicant shall demonstrate to the Board of Appeals its
right to use the property by lease, rental or title and shall provide
a copy of any licenses which are required to operate the premises
for school purposes.
(j)
The Board of Appeals shall have the right to deny a special
permit if it finds that the nature of the school proposed is incompatible
with the area or district in which it will be located.
(k)
Compliance with off-street parking regulations prescribed by
this chapter is required where applicable.
(21)
Public garage.
(a)
Such use is conditionally permitted in a C-3
District.
(b)
No vehicles may be stored or repaired outside
the building or structure.
(c)
Any motor vehicle repair performed on the premises
shall comply with all applicable conditions pertaining to limited
or major automotive repair and shall obtain a permit for the same.
(d)
A minimum of four off-street parking spaces
or one space for each four employees, whichever is greater, shall
be provided.
(e)
All parking areas shall have paved surfaces.
(f)
Such use shall comply with all other applicable
off-street parking regulations prescribed by this chapter.
(22)
Public parking facility.
(a)
Such use shall be conditionally permitted in
C-1, C-2 and C-3 Districts.
(b)
A public parking facility shall be in an enclosed
building or structure.
(c)
Such use shall comply with all bulk regulations
for principal buildings for the district in which it is located.
(d)
No vehicles may be serviced, dismantled or repaired
on the premises.
(e)
All parking areas shall have paved surfaces.
(f)
Such use shall comply with all other applicable
off-street parking regulations prescribed by this chapter.
(23)
Residential accommodations for persons engaged
in the activities of places of worship and religious related uses.
(a)
Such use is conditionally permitted in R-2,
R-1, R-A, CX, C-1 and C-2 Districts.
(b)
No more than two dwelling units for caretakers
or staff members may be included within a place of worship, but may
not be located in a cellar in any permitted district nor in a basement
in any R or CX District.
(c)
A convent, rectory or other staff residence
shall be deemed a single housekeeping unit whether located within
a place of worship or an independent building. Such single-family
and two-family dwellings shall be conditionally permitted uses as
determined by the Board of Appeals in C-1 and C-2 Districts.
(d)
Off-street parking spaces shall be as required
by the Board of Appeals considering the number of motor vehicles to
be utilized by the staff members.
(24)
Restaurants/taverns.
(a)
Restaurants/taverns shall be conditionally permitted
in C-1, C-2 and C-3 Districts.
(b)
Any restaurant/tavern that serves alcoholic
beverages must supply a copy of an on-premises liquor license issued
by the New York State Liquor Authority.
(c)
Applicant shall produce a copy of any other
licenses required to operate the premises as a restaurant/tavern.
(d)
If liquor is served on premises, such use shall
not be located nearer than 200 feet to any entrance of a place of
worship, school of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(e)
All rubbish receptacles or dumpsters shall be
located within an area enclosed by a fence or other solid enclosure
and shall be located so as not to adversely impact upon any abutting
property.
(f)
Game centers, as defined by this chapter, are
permitted accessory uses within a restaurant/tavern subject to approval
by the Board of Appeals.
(g)
Fencing or other screening shall be provided
as determined by the Board of Appeals.
(h)
The applicant shall demonstrate to the Board
of Appeals that the proposed use will not adversely affect adjoining
properties due to excessive noise.
(i)
Any restaurant/tavern which provides cabaret-type
entertainment or constitutes a place of public assembly, as defined
by this chapter, shall, in addition to the special use permit for
a restaurant/tavern, be required to obtain a special use permit for
each such use and shall comply with the conditions prescribed therefor.
(j)
Any drive-through-type service shall not be
permitted.
(k)
Such use shall comply with off-street parking
regulations prescribed by this chapter.
(25)
Storage parking facility.
(a)
Such use is conditionally permitted in C-2 and
C-3 Districts only.
(b)
No vehicles may be serviced, dismantled or repaired
on the premises.
(c)
No parking shall be permitted outside the building
or structure except on roof parking within a tiered structure.
(d)
Such use shall comply with all bulk regulations
for the district in which it is located.
(e)
All parking and storage areas shall have paved
surfaces.
(f)
A minimum of four off-street parking spaces
or one space for each four employees, whichever is greater, shall
be provided.
(g)
Such use shall comply with all other applicable
off-street parking regulations prescribed by this chapter.
(26)
Hotels.
[Added 1-14-2013 by L.L.
No. 1-2013]
(a)
Such use is conditionally permitted in C-1, C-2 and C-3 Districts.
(b)
A building or part of a building in which living or sleeping accommodations
are used primarily for transient occupancy and may be rented on a
daily basis.
(c)
One common entrance serves all such living or sleeping units.
(d)
Twenty-four-hour desk service is provided, in addition to one more
of the following services: maid, telephone or bellboy service or the
furnishing or laundering of linens.
(e)
No kitchens facilities (as defined herein) shall be permitted in
any of the transient occupancy units.
(f)
Permitted accessory uses include, but are not limited, to restaurants
or other public dining facilities, bars or lounges, banquet halls,
ballrooms, convention areas and meeting rooms.
(g)
Permitted accessory uses shall require a separate certificate of
occupancy from the hotel.
