A.
No building or land shall be changed or altered in use or shall be
changed or altered structurally unless in conformity with the regulations
of the district where said land or building is located.
B.
No building shall hereafter be erected or changed or altered structurally
so as to:
(1)
Exceed the height limitation specified for the district.
(2)
Accommodate more than the number of families allowed in such district.
(3)
Occupy a greater percentage of lot area or to have narrower or smaller
rear, front or side yards than is specified or allowed herein for
the district in which such building is located.
C.
The yards or open spaces about any building shall not be included
as part of a yard or open space required for another building.
B.
Determination of permitted use. When a use is not specifically permitted
in this chapter as either a use permitted by right or by special permit,
it shall be understood that the use may be allowed by special use
permit of the Planning Board if, upon an interpretation appeal, it
is determined by the Zoning Board of Appeals that the use is similar
to other uses listed in the district and is consistent with the stated
purpose of the district. It is further recognized that every conceivable
use cannot be identified in this chapter and anticipated that new
uses will evolve over time, so therefore this section establishes
the Zoning Board of Appeals' authority to review and decide, upon
an interpretation appeal, to compare a proposed use and measure it
against those listed in the applicable zoning district for determining
similarity. In determining similarity, the Zoning Board of Appeals
shall make all the following findings prior to approval:
[Added 12-18-2019 by L.L.
No. 8-2019]
(1)
The proposed use shall meet the intent of, and be consistent with,
the goals, objectives and policies of the Village's Comprehensive
Plan.
(2)
The proposed use shall meet the stated purpose and general intent
of the district in which the use is proposed to be located.
(3)
The proposed use shall not adversely impact the public health, safety
and general welfare of the Village's residents.
(4)
The proposed use shall share characteristics in common with and not
be of greater intensity, density, or generate more environmental impact
than those uses listed in the zoning district in which it is to be
located.
In any district where manufacturing or light industry is permitted,
no manufacturing use nor any trade, industry, use or purpose that
is noxious or offensive by reason of the emission of odor, dust, smoke,
toxic or noisome fumes, radiation, gas, noise, vibration or excessive
light or any combination of the above which is dangerous and prejudicial
to the public health, safety and general welfare shall be permitted,
and this includes more specifically but is not limited to the following
such uses:
A.
Stockyards, slaughterhouses and the processing of meats for animal
foods.
B.
The handling or storage of junk and the disassembly of motor vehicles
and the storage of used car parts, unless conducted entirely within
a building, and the storage of used building materials for resale
except in an established lumber or building materials yard.
C.
The storage of crude oil or any of its volatile products or asphaltic
oils or other highly inflammable liquids in aboveground tanks with
unit capacity greater than 10,000 gallons, and in aboveground tanks
with unit capacity greater than 550 gallons closer than 50 feet to
any property line. All tanks having a unit capacity greater than 550
gallons shall be properly diked with a dike or dikes having a capacity
of 1 1/2 times the capacity of the tanks or tank surrounded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The storage, baling or treatment of junk, rags, bottles or scrap
paper, unless entirely within a building.
E.
Any process of assembly, manufacture or treatment normally constituting
a nuisance by reason of smoke, odor, dust, vibration or noise, including
but not limited to such things as foundries, forge shops and boiler
works; the manufacture or refining of asphaltic oils; the manufacture
or processing of cork, fertilizer, linoleum, oilcloth and glue or
gelatin; the tanning and storage of rawhides; the manufacture of paint,
oil, turpentine, shellac, enamel or varnish; fat rendering; and fish
smoking or curing; provided, however, the above shall not apply to
exclude an industry, whether or not specifically mentioned, if such
industry, after supplying satisfactory evidence to the Planning Board,
is certified by that Board to be free of the nuisance characteristics
typical of its kind, by reason of special design of structure or innovation
in processes or other circumstances.
F.
Any process of assembly, manufacture or treatment of an unusually
hazardous nature, including but not limited to such things as the
manufacture or storage of fireworks and explosives and explosive or
poisonous gases, except as may be necessary and incidental to a permitted
industrial process, and the manufacture of illuminating gas.
Each special use for which application for a special use permit
is made shall be considered individually by the Planning Board and
shall conform to the detailed standards as the Board may determine
are appropriate to the particular use.
A.
The Planning Board shall conduct a public hearing within 62 days
from the day an application is received on any matter referred to
it under this section. Public notice of said hearing shall be printed
in a newspaper of general circulation in the Village at least five
days prior to the date thereof. The authorized board shall decide
upon the application within 62 days after the conduct of the hearing.
The time within which the authorized board must render its decision
may be extended by mutual consent of the applicant and the Board.
The decision of the authorized board on the application after the
holding of the public hearing shall be filed in the office of the
Village Clerk within five business days after the day such decision
is rendered, and a copy thereof mailed to the applicant.
B.
The Planning Board may prescribe and demand that certain conditions
and safeguards, including financial provisions for the maintenance
of property held in common, or other acts be completed before the
Planning Board shall hear said applicant.
C.
Before granting any special use permits, the Planning Board shall
determine that the special use requested is in accordance with Comprehensive
Plans of land use in the community and will not disrupt the relationship
of residential, commercial and industrial areas within the Village,
and further determine that:
(1)
Such special use encourages the orderly beneficial development of
the Village.
(2)
A plan for said special use has been submitted to the Planning Board,
showing all buildings, sewage treatment, water supply, landscaping
and off-street parking for the requested special use.
(3)
The special use is a use desirable to the community and for public
convenience and that such use will promote the safety and health and
will further the welfare of the district and, further, that said use
will not cause undue noise or will not overly congest the traffic
within the area.
(4)
Off-street parking for all employees and expected customers or attendants
has been provided for in the plot plan.
D.
To better facilitate the understanding of a special use permit, it
is to be understood that special uses will be permitted only as allowed
in the schedule. It shall also be understood that a special use differs
from a variance in that a variance is an authority to use certain
property in a manner not allowed by this chapter pertaining to the
district, while a special use is a permit to use property in a manner
in which this chapter expressly allows, as designated in the schedule.
E.
If the provisions regarding any type of special use shall be declared
invalid by any court, then such special use shall become a use not
allowed in that district.
F.
Character and violation of special use permit. A special use permit granted under this chapter and applied within the two years as set forth in § 280-12G hereof shall run with the land of the heirs, successors or assigns of the original holder and shall be acknowledged in like form and manner as a deed. The Village Clerk shall maintain a record book and record therein in suitable order every such permit.
G.
A special use permit shall be deemed to authorize only one particular
special use and shall expire if not applied within two years or if
the special use shall cease for more than six months for any reason.
H.
No permit shall be issued for a special use for a property where
there is an existing violation of this chapter.
