The following uses may be permitted, provided a special use permit is obtained from the Zoning Board of Appeals under the terms and specifications herein. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be, or become, inimical to the public health, safety, and general welfare of the community if located without consideration to the existing conditions and surroundings the following standards and proceedings are hereby established which are intended to provide the Zoning Board of Appeals with guide for the purpose of reviewing certain uses not otherwise permitted in the laws. The Zoning Board of Appeals shall review and administer applications for the following uses according to procedures spelled out for the Zoning Board of Appeals under Article III of this chapter.
Public utility uses, such as dial equipment centers, and substations but no service or storage yards may be permitted in any district with a special use permit. No special use permit shall be issued unless the Board of Appeals shall determine that:
A. 
The proposed installation in specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B. 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C. 
Adequate and attractive fences and other safety devices will be provided.
D. 
A buffer strip 10 feet in width shall be provided around the perimeter of the property.
E. 
Adequate off-street parking shall be provided.
F. 
All of the area, yard and building coverage requirements of the respective zone will be met.
[Amended 3-12-1985 by L.L. No. 4-1985]
Motor vehicle service stations may be permitted in such districts as specified in Article VI of this chapter, provided that they comply with the New York State Building and Fire Code, and the following standards are observed:
A. 
In addition to the information required in the special permit application and enumerated in § 204 of this chapter, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B. 
The area and yard specifications for motor service stations are identified in the schedule of this chapter.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
C. 
The entire area of the site traveled by motor vehicles shall be hard surfaced.
D. 
Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle shall be offered for sale on the site. No motor vehicle parts, or partially dismantled motor vehicles shall be stored outside of an enclosed building.
E. 
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operations of the establishment.
F. 
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans, and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or tank.
G. 
No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. Such distance shall be measures in a straight line from said public entrance to the lot line nearest said entrance along the street line.
H. 
Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area no less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the Board of Appeals will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Code and Zoning Enforcement Officer may direct the property owner to replace said shrubs.
I. 
All fuel pumps shall located at least 20 feet from any street or property line.
[Amended 3-12-1985 by L.L. No. 4-1985]
J. 
In addition to sign requirements for business uses in the districts, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and the principal products sold on the premises, including company or brand name, insignia or emblem, provided that such sign not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than 10 feet nor more than 25 feet above the ground.
K. 
Service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
[Amended 3-12-1985 by L.L. No. 4-1985; 7-30-1998 by L.L. No. 6-1998]
Hospitals, philanthropic and charitable uses, including nursing homes, extended and intermediate care facilities, but excluding correctional institutions may be permitted in the A, LR, and LR-2 Districts, providing the following standards are maintained:
A. 
The proposed use shall meet the area and yard requirements as specified in the schedule of this chapter.[1]
[1]
Editor's Note: The schedule is included as an attachment to this chapter.
B. 
A set of plans, and a statement setting forth full particulars on the operation of this use is filed in triplicate with the Board of Appeals.
C. 
The front, rear, and side yard shall be increased one foot for each foot by which the proposed building exceeds the height limit established for the zone in which it is to be located, but in no case shall any building exceed a height greater than 50 feet.
D. 
Off-street parking shall be provided as required in § 1002. Adequate buffering and landscaping will be provided as the Board of Appeals may determine necessary.
E. 
One illuminated, nonflashing sign not to exceed 30 square feet in area may be provided. Such sign shall not be closer than 10 feet from any street or property line.
[Added 3-12-1985 by L.L. No. 4-1985]
Home occupations or home professional occupations may be permitted in any residential district, provided the following standards are maintained:
A. 
Proposed use is restricted to a member of the family unit residing on the premises with the exception that not more than one person residing on the premises may be employed by licensed brokers and/or other such professional occupations.
B. 
Home occupations or professional use is clearly subordinate to the principal use of the dwelling for residence purposes.
C. 
Not more than 25% of the total floor area of the principal building and associated accessory buildings may be used for such home occupation or profession.
D. 
Not more than one nameplate identifying the name and nature of said occupation shall be permitted. Said nameplate shall not exceed two square feet in area on either of two sides.
E. 
Proposed use shall not generate traffic beyond that normally expected in a residential neighborhood. Off-street parking shall be provided as required in § 1002. Said parking shall be provided in an off-street area other than the front yard or on-street where parking is available.
F. 
The proposed use shall not create noise, dust, vibration, odor, glare, fumes or electrical interference detectable by the normal senses of persons off the premises. In the case of electrical interference, there shall be no radio or television disruption or fluctuations in line voltages off the premises.
Child day-care centers may be permitted in any residential district, provided the following standards are maintained:
A. 
Provider of the facility is duly licensed to operate said facility and that all licenses are current and in conformity with the applicable laws and regulations of New York State Office of Children and Family Services; New York State Department of Social Services; New York State Department of Health; any other governing agency and that any and all licenses are prominently displayed.
B. 
All buildings used for day-care centers must remain in compliance with any and all applicable provisions of the New York State Uniform Fire Prevention and Building Code.
C. 
Not more than one nameplate identifying the name and nature of said occupation shall be permitted. Said nameplate shall not exceed two square feet in area on either of two sides.
D. 
Proposed use shall not generate traffic beyond that normally expected in a residential neighborhood. Off-street parking shall be provided as required in § 1002. Said parking shall be provided in an off-street area other than the front yard or on street where parking is available.
E. 
The proposed use shall not adversely impact the residential character of the neighborhood.
F. 
The proposed use shall not create noise, dust, vibration, odor, glare, fumes or electrical interference detectable by the normal senses of persons off the premises. In the case of electrical interference, there shall be no radio or television disruption or fluctuations in line voltages off the premises.