[L.L. No. 3-2002, § 4]
6-1.1.
The Zoning Board of Appeals shall have the power, pursuant to § 7-725(b)
of the Village Law, after public notice and hearing, to grant special
use permits for the uses specified within this chapter (see schedule
of uses at the end of this chapter). Any use designated in a given
district as requiring a special use permit shall be deemed to be a
permitted use in such district, subject to satisfaction of the conditions
and standards set forth in this article in addition to all other requirements
of this Zoning Ordinance. All such uses are hereby declared to possess
characteristics of such unique and special forms that each specific
use shall be considered as an individual case.
6-1.2.
Application Procedures.
(a)
Site plan review is required. Any land use requiring a special use
permit shall also require site plan review by the Planning Board as
provided in Article VII of this chapter.
(b)
Application to the Zoning Board of Appeals. Application for a special
use permit shall be made in writing to the Zoning Board of Appeals.
(c)
Additional information. In addition to the specific requirements
of this article and Article VII, the application to the Zoning Board
of Appeals for a special permit use shall show any other information
that the Zoning Board of Appeals may require as it deems necessary
to act on the application for a special permit use.
6-1.3.
Public Hearing. The Zoning Board of Appeals shall fix a time for
a public hearing within 62 days from the day a complete application
for a special permit is made. Public notice shall be given by publication
in the official newspaper of the Village of such hearing at least
10 days before the date of such hearing. A notice of such hearing
shall also be transmitted to the applicant.
6-1.4.
Decision.
(a)
Time for decision. Within 62 days of said hearing, the Zoning Board
of Appeals shall approve, approve with modifications or disapprove
the special permit application. The time within which the Zoning Board
of Appeals must render its decision may be extended by mutual consent
of the Zoning Board of Appeals and the applicant.
(b)
Filing of decision and notice. The decision of the Zoning Board of
Appeals on the appeal 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. No building permit shall
be issued for a special permit use until the conditions required by
the Zoning Board of Appeals have been met.
6-1.5.
Expiration. A special permit shall be deemed to authorize only the
particular special use or uses permitted in any district and shall
expire if:
(a)
Construction and commencement. Construction has not been commenced
within one year and has not been completed within two years of the
date of final special permit approval; if no construction is involved,
the use has not been commenced within one year of the date of final
special permit approval.
(b)
Cessation. The special use or uses shall cease for more than 12 months
for any reason.
6-1.6.
Standards for All Special Permit Uses. The Zoning Board of Appeals
shall approve an application for a special permit, subject to such
reasonable conditions and restrictions as are directly related to
and incidental to the proposed special permit use, if it finds that
the following conditions have been met:
(a)
Compatibility with district: that the location and size of the use,
the nature and intensity of the operations involved in or conducted
in connection with such use, the size of the site in relation to the
use, the assembly of persons in connection with the use and the location
of the site with respect to streets giving access to the site are
such that the use will be in harmony with the appropriate and orderly
development of the district in which the use is proposed to be located.
(b)
Compatibility with Comprehensive Plan: that the proposed use will
be compatible with the goals and objectives of the Comprehensive Plan.
(c)
Services: that all proposed structures, equipment or material will
be readily accessible for fire and police protection.
(d)
Adjacent properties: that the location, nature and height of buildings,
the location, nature and height of walls and fences and the nature
and extent of landscaping on the site shall not hinder or discourage
the appropriate development and use of adjacent land and buildings.
(e)
Nuisance: that operations in connection with the use will not be
offensive, dangerous, or destructive of basic environmental characteristics
or detrimental to the public interest of the Village and not be more
objectionable to nearby properties by reason of noise, fumes, vibration,
flashing of or glare from lights and similar nuisance conditions (i.e.,
stadium and or sports lighting) than would be the operation of any
permitted use not requiring a special permit.
[ L.L. No. 3-2021]
(f)
Neighborhood character and property values. The neighborhood character
and surrounding property values shall be reasonably safeguarded.
(g)
Traffic: that the use will not cause undue traffic congestion or
create a traffic hazard.
(h)
Parking: that parking areas will be of adequate size for the particular
use, properly located and suitably screened from adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum safety.
(i)
That the use conforms in all respects to all the regulations of this
Appendix and particularly to the specific supplemental regulations
that apply to such use.
6-1.7.
Additional Conditions; Revocation.
(a)
Additional Conditions. The Zoning Board of Appeals shall require
such additional conditions and safeguards to the special use permit
as may be necessary to assure continual conformance to all applicable
standards and requirements.
(b)
Revocation. In all instances, a special use permit may be revoked
by the Zoning Board of Appeals, after public hearing, if it is found
and determined that there has been a substantial failure to comply
with any of the terms, conditions, limitations and requirements imposed
by the special use permit.
6-1.8.
Referral to County Planning Department. The Zoning Board of Appeals
shall comply with the provisions of Article 12-B, §§ 239-1
and 239-m of the General Municipal Law, as amended, and refer to the
Westchester County Department of Planning such permit applications
which are within its jurisdiction.
[L.L. No. 1-2005, § 1; L.L.
No. 5-2002, § 1]
6-2.1.
Motor vehicle filling stations or motor vehicle repair/body shops.
(a)
Issuance and Renewal of Special Permit. A special permit shall be
issued for a period of five years. A special permit shall terminate
upon any change in ownership of the business, and an application for
a new special permit must be filed. A renewal application must be
filed every five years. Every motor vehicle repair/body shop shall
notify the Fire Inspector when required permits are renewed by the
Westchester County Department of Health, the New York State Department
of Environmental Conservation and/or the United States Environmental
Protection Agency. The maintenance of such permits shall be a condition
for the issuance and renewal of a special permit, and copies of such
permits shall be provided with the application for a special permit.
(b)
The Zoning Board of Appeals may grant a special permit for the construction
and operation of a motor vehicle filling station and motor vehicle
repair/body shop subject to the following standards and the standards
listed below:
1.
Location. New motor vehicle repair/body shops shall not be permitted
within 200 feet of an existing motor vehicle repair/body shop, measured
from the closest point on the premises maintaining such use to the
point of the premises wherein the proposed use would be established
as opposed to measuring from lot line to lot line or building to building.
In addition, no such shop shall be located within 200 feet, measured
from the nearest lot line of the facility along the street line on
both sides of the street boundary, of any residential district or
the nearest lot line of any school, church, park, playground, hospital,
public library, or institution for children or the aged or infirm.
2.
Repair work. All painting, body, fender or similar work shall be
performed indoors and in compliance with all applicable federal, state,
county and local laws, rules and regulations.
3.
Outdoor storage. The property owner/operator shall demonstrate that
a suitable program is in place to periodically remove all waste materials,
parts, refuse and recyclables. No outside storage of damaged or partially
disassembled vehicles, unregistered and/or unlicensed vehicles, parts,
supplies or materials shall be permitted. All on-site storage areas,
including trash areas, shall be placed on a concrete pad and enclosed
in a suitable building or behind a solid-fenced area, as approved
by the Board of Appeals.
4.
Permit compliance on hazardous materials. Service operations and
the storage and disposal of all materials must meet applicable rules
and regulations of the New York State Department of Environmental
Conservation (DEC). The environmental assessment form (EAF) for any
special permit approval shall detail how compliance with applicable
DEC regulations shall be achieved.
5.
Annual fee. There shall be an annual fee for a motor vehicle filling
station and motor vehicle repair/body shop as may be established by
resolution of the Board of Trustees at a public meeting of such Board.
Fees, to be borne by the motor vehicle repair/body shop owner, shall
be to cover the cost of periodic inspections necessary for the purpose
of verifying compliance of all applicable laws, rules and regulations.
6.
Storage/Parking of Vehicles.
a.
No automobiles or other vehicles, including tractors, construction
equipment, trailers and boats, shall be stored or kept at any motor
vehicle repair/body shop for any purpose except for repairs.
b.
There shall be no storage of unregistered vehicles, partially
dismantled vehicles and/or vehicles incapable of being driven on public
roads except for temporary parking before and after repairs, not exceeding
five days in duration for any vehicle.
c.
One motor vehicle each for an owner or employee shall be permitted
to be parked on the premises during their actual hours of employment.
d.
Notwithstanding the above, no motor vehicle shall be stored
or parked on the sidewalk, in the area between the street and the
sidewalk or, where no sidewalk exists, within 10 feet from the curbline
or the edge of the street if there is no curbline.
7.
A motor vehicle filling station or motor vehicle repair/body shop
may only operate or remain open on weekdays between the hours of 7:00
a.m. and 7:00 p.m. No motor vehicle filling station or motor vehicle
repair/body shop may operate on any other day or during any other
times except as may be permitted in accordance with the conditions
of a special permit.
6-2.2.
Satellite earth stations, dish
antennas or cellular antennas. The Zoning Board of Appeals may grant
a special permit for satellite earth stations and dish antennas in
excess of two feet or cellular antennas, provided that the following
conditions are met. Satellite earth stations or dish antennas shall
be permitted in a residence district, as a customarily incidental
or accessory use to the residential use of the principal building
for the exclusive use of the occupants of said principal building
and their guests, upon a determination by the Zoning Board of Appeals
of the Village of Tuckahoe that such use is consistent with the public
health, safety, morals and the general welfare of the community, after
taking into consideration the location and size of the plot, the site
and detailed construction plans of the satellite earth station (dish
antenna) and its relationship to the plot limits, the topography,
existing and proposed structures and site development features, screening
and such other information as may be required by the Building Inspector,
and provided further that such installation meets the following conditions:
1.
The antenna shall be located only in the rear yard mounted on the
ground and shall not violate the applicable zoning setback restrictions
for accessory structures, and only one such antenna shall exist at
any one time on a single residentially zoned and used lot or parcel.
2.
The overall height, measured from the mean ground level to the highest
part of antenna, and width and depth of the antenna shall each not
exceed 15 feet.
3.
The antenna shall be located and screened to minimize motor noise
and visibility from the street and adjacent properties.
4.
Only one such structure shall exist at any one time on any single
residentially zoned and used lot or parcel.
5.
Application for the permit shall be submitted to the Village Building
Inspector and must include construction drawings showing proposed
method of installation and a site plan depicting structures and plantings
on the property and all residential structures on adjacent properties.
6.
If any modifications are made to the structure, the Building Inspector
shall have the authority to require proof that said addition, change
or modification is in conformity with the permit and the Uniform Building
Code.
7.
The Building Inspector shall be the sole judge of the building permit
fee to be charged in a particular case, and said fee shall be determined
in the same manner as the Building Inspector determines such fees
for the erection of any other structures on residential premises.
8.
After the application for the permit is submitted to the Building
Inspector, as well as the other documentation required by Paragraph
(5) above, no such permit to construct the satellite earth stations
or dish antennas shall be granted until there has been first a public
hearing before the Zoning Board of Appeals of the Village of Tuckahoe
and said Zoning Board of Appeals has, in fact, approved the installation
of said device in the manner applied for. Notice required to be given
to adjoining neighbors shall be in the same manner and in accordance
with regulations prescribing notice requirements for applications
for variances to the Zoning Board of Appeals. Should the Zoning Board
of Appeals deny the application, no building permit shall be issued
by the Building Inspector.
9.
The owner of such a structure shall assume complete liability in
case of personal injury or property damage, and the application, as
well as any other subsequent permit that is issued, shall contain
express provision whereby such assumption of liability by the owner
of the structure shall be stated.
10.
The ability of the applicant to install the antenna in an unobtrusive
location and to minimize any consequent noise impact on adjacent properties
shall be a major factor in determining whether or not the permit is
granted.
6-2.3.
Family care facility or group care facility.
(a)
The facility registers with the Building Inspector to provide information
including, but not limited to, the name of the operating agency; the
names of the resident supervisors of the facility; the street address
of the facility; the maximum number of persons who will live in the
facility; and the governmental authorization to operate the facility.
(b)
There shall be no other such facility presently operating within
a five-thousand-foot radius either within the Village of Tuckahoe
or within any adjoining municipality.
(c)
There shall be one parking unit on said lot for each 1,000 square
feet of floor space in said building.
(d)
The facility has adequate fire protection such as a sprinkler system
and a smoke detector system and any other requirement the Fire Chief
deems necessary.
(f)
All other applicable rules and regulations of the State of New York
are to be complied with.
|
The Zoning Board of Appeals shall exercise care in considering
a request to establish a family care facility or group care facility
in order to preserve the existing character and social structure of
the neighborhood and to protect existing facilities from the possibility
that an over-concentration of such facilities will occur which may
inadvertently recreate an institutional setting. The Zoning Board
of Appeals shall impose any additional requirements it deems necessary
to protect both the proposed facility and the surrounding land uses.
|
6-2.4.
Residential uses in business/residential zone. The construction of any new building or premises that includes residential uses, the enlargement or substantial renovation of any existing building or premises that includes residential uses or the creation of additional residential units at an existing building or premise that includes residential uses in the Business/Residential District shall be allowed only after a special permit is granted by the Zoning Board of Appeals. No such permit shall be issued unless the following requirements are considered, in addition to any other requirements of § 4-5:
1.
Planning Board. An application shall first be made to the Planning
Board, which shall complete a preliminary review of the application
and shall then forward the application to the Zoning Board. The Planning
Board may forward a recommendation to the Zoning Board, including
comments relating to the planning, design and land use aspects of
the application.
2.
Separate entrances. The residentially used portion of any structure
shall have an entrance or entrances which do not require access through
any nonresidentially used area, other than a common lobby or plaza.
The location and design of such entrances shall be subject to approval
by the Zoning Board as part of the required special permit application.
3.
Compatibility of use. The Zoning Board shall allow residential use
above commercial uses or in conjunction with commercial uses only
if such uses are found to be compatible with such housing. The Zoning
Board shall consider noise, smell, pollution, hours of operation and
expected traffic volumes in making this determination. The following
use groups of the Business District shall normally be considered incompatible
without proof of the contrary from the applicant that is satisfactory
to the Zoning Board: any business where food is served, sold or prepared;
restaurants; theaters; and cabarets.
4.
Building context. The Zoning Board shall consider the surrounding
scale, height, design and setbacks of existing buildings in its determination
of the bulk, height and area requirements for premises with residential
and/or business uses. In undertaking this contextual evaluation, the
Zoning Board may request building sections and elevations; shadow
diagrams, showing the impact of the proposed use on adjacent and planimetric
context maps, showing all adjacent buildings with street or buildup
lines. Any floor area ratio (FAR) established by the Zoning or Planning
Board shall be consistent and compatible with the size of the lot
and the adjoining lots and buildings. Open space, including yards,
balconies and terraces, shall be encouraged and provided to the extent
practical. To achieve a compatible building environment, the Zoning
Board may modify or establish height, setback and yard controls, However,
any modification that is less stringent than any other provisions
of this Zoning Ordinance must be accompanied by written findings as
to why such modification will produce a superior building context.
