[Amended 9-27-2021 by L.L. No. 8-2021]
The Board of Appeals is hereby authorized to
act on proposed special exception uses which are specifically provided
for in this chapter. Such action may include approval, conditional
approval or disapproval, based on the standards set forth in this
article. An application for a special exception use pertaining to
a museum or food pantry may be heard by the Board of Trustees upon
resolution of that Board.
[Amended 12-9-1988 by L.L No. 8-1988; 1-19-1998 by L.L. No. 1-1998; 11-9-2006; 6-23-2009; 9-27-2021 by L.L. No. 8-2021]
A.
The Board of Appeals or Trustees shall adopt and file
in the Municipal Clerk's office such rules of procedure as it may
deem necessary to the proper exercise of its responsibilities with
respect to special exception uses.
B.
Prior to taking action on any special exception use, the Board of Appeals or Trustees shall hold a public hearing after public notice as provided in the case of an application to the Board of Appeals or Trustees in § 116-25 of this chapter.
C.
All matters which are the subject of a mandatory referral or notice to other agencies as set forth in the enabling statutes and in § 116-25B(3) and C shall be transmitted to the appropriate agencies by the Secretary of the Board of Appeals or Trustees in accordance with the provisions of those subsections.
D.
The Secretary of the Board of Appeals or such person
as designated by the Board of Trustees shall keep minutes of the Board's
proceedings, showing the vote of each member upon every question or,
if absent or failing to vote, indicating such fact. The Secretary
shall also keep records of examinations and official actions, all
of which shall be immediately filed in the office of the Board of
Appeals and shall be a public record. Each decision of the Board of
Appeals or Trustees with respect to the approval of a special exception
use shall be so stated and documented as to provide a definitive authorization
to the Building Inspector for issuing a building permit or certificate
of occupancy.
E.
A site plan for any proposed special exception use
in any district where authorized shall be submitted to the Planning
Board for its recommendations prior to authorization by the Board
of Appeals or Trustees for the issuance of a building permit.
F.
A special exception authorization by the Board of
Appeals or Trustees for the issuance of a building permit shall expire
within 90 days of such authorization in the event that such permit
shall not be applied for within such ninety-day period. Extension
of such authorization may be granted by the Board of Appeals or Trustees
for additional ninety-day periods.
G.
A special exception use for which a building permit
is authorized by the Board of Appeals or Trustees pursuant to the
provisions of this article shall be construed to be a conforming use.
H.
Any violation of the limitations or special conditions and safeguards established by the Board of Appeals or Trustees with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions of § 116-40.
I.
The. application fee for special exception use application
shall be $750 or such other amount as the Village Board of Trustees
may hereafter fix and establish from time to time by resolution.
[Amended 9-27-2021 by L.L. No. 8-2021]
For every such special exception use, the Board
of Appeals or Trustees shall determine that:
A.
Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 116-1 of this chapter.
B.
The plot area is sufficient, appropriate and adequate
for the use and the reasonably anticipated operation and expansion
thereof.
C.
The proposed use will not prevent the orderly and
reasonable use of adjacent properties, particularly where they are
in a different district.
D.
The site is particularly suitable for the location
of such use in the community.
E.
The characteristics of the proposed use are not such
that its proposed location would be unsuitably near to a church, school,
theater, recreational area or other place of public assembly.
F.
The proposed use, particularly in the case of a nonnuisance
industry, conforms with the chapter definition of the special exception
use where such definition exists, or with the generally accepted definition
of such use where it does not exist in this chapter.
G.
Access facilities are adequate for the estimated traffic
from public streets and sidewalks so as to assure the public safety
and to avoid traffic congestion, and, further, vehicular entrances
and exits shall be clearly visible from the street and not be within
75 feet of the intersection of street lines at a street intersection
except under unusual circumstances.
H.
All proposed curb cuts have been approved by the street
or highway agency which has jurisdiction.
I.
There are off-street parking and truck loading spaces at least in the number required by the provisions of § 116-14 of this chapter, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and, further, the layout of the spaces and driveways is convenient and conducive to safe operation.
J.
Adequate buffer yards and screening are provided where
necessary to protect adjacent properties and land uses.
K.
Adequate provisions will be made for the collection
and disposal of stormwater runoff from the site and of sanitary sewage,
refuse or other waste, whether liquid, solid, gaseous or of other
character.
L.
No outdoor sales lot, rental equipment storage or
display area will be permitted in the required front yard area of
any business district, except that in the HB District such uses may
be permitted in the required front yard, provided they shall be set
back 50 feet from the front property lines.
M.
The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in § 116-23.
N.
In any application being heard by the Board of Trustees, that Board
may waive any otherwise applicable parking provision found within
this Code as the Board of Trustees may deem appropriate under the
circumstances.
A.
No authorization for a building permit shall be granted by the Board of Appeals for any use listed in this section unless the Board shall specifically find that, in addition to meeting all the general standards set forth in § 116-22, the proposed special exception use also meets the special conditions and safeguards in this section.
B.
List of uses.
(1)
Automobile laundry.
(a)
The lot area shall be not less than 40,000 square
feet nor shall it have a frontage of less than 150 feet along a highway.
(b)
No church, school, library, playground or similar
place of public assembly shall be within 500 feet of the site.
(c)
Storage area for vehicles waiting for service
shall be provided on the site and shall not occur on a public street
or highway; not more than five motor vehicles shall be stored outdoors
overnight.
(d)
An automobile laundry shall not provide services
other than washing, waxing, simonizing or similar treatment.
(e)
Outdoor storage and display of accessories,
portable signs and outdoor repair work shall be prohibited at all
times; premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles.
(f)
Water used in the washing process shall be recycled
and the overall facility shall be designed, located and operated to
protect the groundwater reservoir from pollution.
(2)
Beach club, nonprofit.
(a)
The lot area shall be not less than two acres
nor shall there be less than two lineal feet of beach frontage for
each individual member.
(b)
A beach club shall not provide dwelling units
or any other residence facility except for the manager and his family.
(c)
All intensive outdoor activities shall be so
located on the property with reference to surrounding properties that
they shall be reasonably screened from view and compatible with the
existing or potential use of neighboring properties.
(d)
Outdoor lighting shall not project light onto,
nor shall light sources be visible from, neighboring properties; no
outdoor light source shall be more than 10 feet above the ground level
underneath it.
(e)
There shall be no outdoor public-address or
music system.
(f)
Beach club activities shall not include a nightclub.
(g)
Provisions shall be made for proper sanitary
waste disposal and water supply facilities in conformance with the
requirements of the municipality and the Suffolk County Health Department,
and such facilities shall be designed to protect the groundwater reservoir
from pollution, saltwater intrusion or excessive demand detrimental
to the environment and neighboring properties.
(h)
All parking of vehicles shall be provided for
off the street in appropriate off-street parking areas sufficient
to meet the needs of the membership and their guests.
(i)
Signs shall be limited to one announcement sign of not over 12 square feet in area, which may either be attached to a building wall or be a ground sign as provided in § 116-13B(2).
(j)
No food or beverage shall be served in any dining
room or any part of the grounds of such club between the hours of
9:00 p.m. and the following 8:00 a.m., except on Friday, Saturday
and Sunday nights and on nights preceding holidays, when the closing
hour shall be 1:00 a.m., except that on Sunday nights it shall be
10:00 p.m.
(3)
Bus passenger shelter.
(a)
The shelter shall be located to permit ample
room for the bus to conveniently leave the traveled roadway to pick
up or discharge passengers.
(b)
The design shall be harmonious with adjacent
properties.
(c)
Such structure shall have no more than one announcement
sign, such sign not to exceed two square feet in area.
(4)
Church or similar place of worship or religious instruction.
(a)
The lot area shall be not less than two acres
nor shall it have a frontage of less than 200 feet along a street
or highway.
(b)
All buildings and structures shall be at least
50 feet from any lot line, except that in no case shall any building
or structure have less than the required yard in the district in which
it is located.
(c)
Lot coverage shall not exceed 20% or the maximum
percentage permitted in the applicable district, whichever is less.
(d)
Off-street parking shall not be located in any
required side or front yard applicable to permitted uses in the district
nor within 20 feet of any lot line in a required rear yard applicable
to permitted uses in the district.
(5)
College or university.
(a)
The lot area shall be not less than 60 acres
nor shall it have a continuous frontage of less than 400 feet along
a street or highway.
(b)
Separate places of ingress and egress shall
be no less than 1,000 feet apart and no less than 200 feet from the
corner formed by intersecting streets.
(c)
Lot coverage shall not exceed 15% of the total
lot area, except that grandstands not part of a stadium shall not
be included within such building area limitations.
(d)
All buildings and structures shall be at least
150 feet from any property line.
(e)
No building or structure shall be erected to
a height in excess of 4 1/2 stories or 60 feet.
(f)
Off-street parking field areas shall be not
less than 50 feet from any property line in a residence district.
(g)
Outdoor lighting shall not project light onto,
nor shall light sources be visible from, neighboring properties; within
150 feet of any property line, no outdoor light source shall be more
than 10 feet above the ground level underneath it.
(h)
There shall be no outdoor public-address or
music system except for those customarily associated with a stadium,
provided such stadium is located at least 500 feet from any residential
property line.
(6)
Conversion of existing one-family detached dwelling
for two families.
(a)
A conversion of an existing one-family detached
dwelling for use as a two-family dwelling shall only be permitted
where the lot area and floor area are double that required for each
family in the applicable district and where the proposed dwelling
also complies with all other applicable requirements of this chapter.
(7)
Eating establishments: drive-in, open-front or curb-service.
(a)
Vehicular entrances and exits shall be controlled
by curbing.
(b)
There shall be adequate off-street parking and
loading space to serve the proposed use, including the parking of
oversized vehicles.
(c)
There shall be adequate provision for disposal
of trash and refuse left on the premises. Service areas and such facilities
as packer units shall be screened from view from any public street
or adjacent property.
(8)
Filling station.
(a)
The lot area shall be not less than 40,000 square
feet nor shall it have a frontage of less than 200 feet along a street.
(b)
No church, school, library, playground, museum,
historic building or similar place of public assembly, drainage channel,
surface waters or environmental parks shall be within 500 feet of
the site.
(c)
Entrance or exit driveways shall be located
at least 20 feet from any side or rear property line. Such driveways
shall be so laid out as to avoid the necessity of any vehicle's backing
across any right-of-way.
(d)
Curbs shall be constructed so as to channelize
all traffic to permitted curb cuts; there shall be no more than two
curb cuts on any street frontage.
(e)
All pumps and lubricating and other devices
shall be located at least 50 feet from any building, structure or
street line.
(f)
All motor vehicle parts, dismantled vehicles
and similar articles shall be stored within the principal building.
(g)
Storage area for vehicles waiting for service
shall be provided on the site and shall not occur on a public street
or highway; not more than eight motor vehicles shall be stored outdoors
at any time between 12:01 a.m. and 6:00 a.m.
(h)
Outdoor storage and display of accessories,
portable signs and outdoor repair work shall be prohibited at all
times; premises shall not be used for the sale, rent or display of
automobiles, trailers, mobile homes, boats or other vehicles; the
sale, rental or display of automobiles, trailers, mobile homes, boats
or other vehicles shall be considered a separate and distinct use
from that of a filling station and, as such, shall be required to
comply with all requirements of this chapter as they relate to such
uses.
(9)
Fuel storage in tanks.[1]
(a)
Any such installation of flammable liquids or
gas shall be in conformance with the applicable recommendations of
the National Board of Fire Underwriters.
(b)
The recommendations of the local Fire Chief
having jurisdiction shall also be considered prior to approval of
such a use.
(c)
All such uses shall be located on sites large
enough to contain the impact of any potential accident that might
result from their existence without damage to adjacent properties,
any surface waters or the groundwater reservoir.
(10)
Hospital.
(a)
The lot area shall be not less than five acres
nor shall it have a frontage of less than 400 feet along a street.
(b)
Lot coverage shall not exceed 30% or the maximum
percentage permitted in the applicable district, whichever is less.
(c)
All buildings and structures shall be at least
150 feet from any property line.
(d)
No building or structure shall be erected to
a height in excess of 4 1/2 stories; special equipment space
between floors not available for use as typical floor area shall not
be counted as a story; where the building height exceeds that permitted
in the applicable district, the lot coverage shall not exceed 10%.
(e)
Off-street parking field areas shall be not
less than 50 feet from any property line in a residence district.
(f)
Outdoor light sources shall not be visible from
neighboring properties; within 150 feet of any property line, no outdoor
light source shall be more than 10 feet above the ground level underneath
it.
(g)
Residence quarters for hospital staff shall
be considered a permitted accessory use on the hospital grounds.
(h)
There shall be one acre of lot area for each
10 patient beds and/or resident staff members.
(12)
Medical arts building.
(a)
The lot area shall be not less than 40,000 square
feet nor shall it have a frontage of less than 150 feet along a street.
(b)
The design and placement of buildings and parking
areas shall take into consideration the essentially residential character
of the area, particularly that of contiguous properties.
(13)
Membership or country club, golf course, nonprofit.
(a)
A membership club or country club having a golf
course shall have at least nine holes conforming to the standards
of the United States Golf Association and shall not be constructed
on less than 50 acres, plus 50 additional acres for each additional
nine holes or fraction thereof; for other recreation-oriented membership
or country clubs, the lot area shall be not less than 10 acres.
(b)
A membership or country club shall not provide
dwelling units or any other residence facilities except for the manager
and his family.
(c)
All intensive outdoor activities shall be so
located on the property with reference to surrounding properties that
they shall be reasonably screened from view and compatible with the
existing or potential use of neighboring properties.
(d)
Outdoor light sources shall not be visible from
neighboring properties; no outdoor light source shall be more than
10 feet above the ground level underneath it.
(e)
There shall be no outdoor public-address or
music system audible beyond the perimeter of the site.
(f)
Provisions shall be made for proper sanitary
waste disposal and water supply facilities in conformance with the
requirements of the municipality and the Suffolk County Health Department,
and such facilities shall be designed to protect the groundwater reservoir
from pollution, saltwater intrusion or excessive demand detrimental
to the environment and neighboring properties.
(g)
All parking of vehicles shall be provided for
off the street in appropriate off-street parking areas sufficient
to meet the needs of the membership and their guests.
(h)
Signs shall be limited to one announcement sign of not over 12 square feet in area, which may either be attached to a building wall or be a ground sign as provided in § 116-13B(2).
(i)
No food or beverage shall be served in any dining
room or any part of the grounds of such club between the hours of
9:00 p.m. and the following 8:00 a.m., except on Friday, Saturday
and Sunday nights and on nights preceding holidays, when the closing
hour shall be 1:00 a.m., except that on Sunday nights it shall be
10:00 p.m.
(14)
Hotel, motel, transient.
(a)
There shall be no less than 3,000 square feet
of lot area for each guest unit; where the capacity of a guest unit
is more than two persons, there shall be an additional 1,000 square
feet of lot area for each additional person.
(b)
Provisions shall be made for proper sanitary
waste disposal and water supply facilities in conformance with the
requirements of the Suffolk County Health Department, and such facilities
shall be designed to protect the groundwater reservoir from pollution,
saltwater intrusion or excessive demand detrimental to the environment
and neighboring properties.
(c)
All intensive outdoor activities shall be so
located on the property with reference to surrounding properties that
they shall be reasonably screened from view and compatible with the
existing or potential use of neighboring properties.
(d)
Outdoor light sources shall not be visible from
neighboring properties; no outdoor light source shall be more than
10 feet above the ground level underneath it.
(e)
There shall be no outdoor public-address or
music system audible beyond the limits of the property.
(15)
Nightclub or similar entertainment establishment.[2]
(a)
A nightclub or similar entertainment establishment
shall not be less than 1,000 feet from any church, school, playground
or park, hospital, nursing home, proprietary rest home or similar
public or semipublic facility; and further, it shall not be less than
500 feet from any residence district in an incorporated Village without
the approval of the Village Board of Trustees.
(b)
There shall be no outdoor public-address or
music system.
(c)
All entertainment activities shall be completely
screened from view from outside the site.
(d)
Premises and structures shall be so arranged
and designed as to prevent activities on the premises from being visible
from adjoining premises or the street and as to contain any sound
emanating from activities within the bounds of the premises.
(16)
Nursery school.
(a)
The lot area shall be not less than 40,000 square
feet nor shall it have a frontage of less than 150 feet along a street,
except that in no case shall the lot area or the frontage be less
than that required in the applicable district.
(b)
The lot on which any school is maintained shall
contain at least 1,000 square feet of suitably fenced rear or side
yard play area for each five children or part thereof, and each such
play area shall be located not less than 30 feet from any lot line,
except where the rear or side yard lot line abuts a public street,
park or parkway property, and not less than 50 feet from any residence
district; such play area shall be suitably screened to avoid noise
nuisance or incompatibility with reference to contiguous properties.
(c)
The school shall not have more than 15 children
in any case unless the building is of fireproof or semi-fireproof
construction as defined by the New York State Building Code.
(d)
No play area shall be located on or adjacent
to an open pool, watercourse, pond, lake or tidewater area without
the benefit of suitable fence and protective devices.
(17)
Nursing home, proprietary rest home.
(a)
The lot area shall be not less than 40,000 square
feet nor shall it have a frontage of less than 150 feet along a street,
except that in no case shall the lot area or the frontage be less
than that required in the applicable district.
(b)
All buildings shall be set back at least 50
feet from any property line, and in no case shall the setback be less
than that required in the applicable district.
(c)
Prior to approval, consideration shall be given
to all applicable regulations governing such occupancies, including
the recommendations of the local Fire Chief having jurisdiction.
(18)
Office and shop for plumber, electrician, home
improvement contractor.
[Added 3-11-1977 by L.L. No. 1-1977]
(19)
Philanthropic, fraternal, social or educational
institution office or meeting room, nonprofit.
(a)
In any district other than the VB District,
the lot area shall be not less than three acres nor shall the frontage
be less than 200 feet on a street.
[Amended 4-11-2013 by L.L. No. 2-2013]
(b)
In any district where such use is located in
a building or structure of historical or cultural significance as
determined by the Board of Architectural Review, the lot area and/or
the frontage requirements may be varied in keeping with the existing
lot area and frontage if such action will serve as a means of preserving
such building or structure in a manner significant and enhancing to
the local environment.
(c)
Such uses shall not include any intensive outdoor
activity other than off-street parking and similar service uses.
(d)
When such use proposes to include intensive outdoor activity as an accessory use, the lot area and special requirements of Subsection B(13) above shall apply.
(e)
When proposed in compliance with Subsection B(19)(d) above, all intensive outdoor activities shall be so located on the property with reference to surrounding properties that they shall be reasonably screened from view and compatible with the existing or potential use of neighboring properties.
(f)
Outdoor light sources shall not be visible from
neighboring properties; no outdoor light sources shall be more than
10 feet above the ground level underneath it.
(g)
There shall be no outdoor public-address or
music system.
(h)
A private kitchen and bar accessory to the primary
use, solely for the use of members and their escorted guests, shall
be permitted in the OD District, provided that the lot area shall
be not less than 40,000 square feet.
(20)
Public library, museum.
(a)
When located in or adjacent to residential districts,
all parking and any outdoor equipment storage shall be properly screened
from the view of such adjacent properties.
(21)
Tavern, bar or restaurant.
(a)
No tavern, bar or restaurant shall be located
within 500 feet of any church, school, playground, park, hospital,
nursing or proprietary rest home or similar public and semipublic
place, nor within 500 feet of any residential district in an incorporated
Village without the approval of the Village Board of Trustees.
(d)
Premises and structures shall be so arranged
and designed as to prevent activities on the premises from being visible
from adjoining premises or the street and as to contain any sound
emanating from activities within the bounds of the premises.
(22)
Truck terminal, truck transfer station.
(a)
The lot shall have frontage on a street.
(b)
All parking areas for operating vehicles shall
be paved, curbed and drained in accordance with municipal specifications.
Such areas shall be at least 60 feet from any residence district boundary
and at least 25 feet from any property line. No vehicle shall park
or stand outside such paved parking area.
(c)
All fuel pumps, lubricating and other devices
shall be located at least 25 feet from any building, structure or
property line.
(d)
All fuel, oil, gasoline or similar substances
shall be stored underground and at least 25 feet from any and all
property lines. Such facilities shall be installed and maintained
in accordance with the standards of the National Board of Fire Underwriters.
(e)
All dismantled automobiles, trucks, tractors,
trailers and similar equipment and parts and accessories thereof shall
be stored within a building.
(f)
Screening shall include planting of evergreen
bushes or trees in addition to a fence so that truck motor noises
and the sound of overnight operation of refrigeration units shall
be muffled when adjacent to any residence district.
(23)
Veterinarian, veterinary hospital or kennel.
(a)
Adjacent properties shall be adequately protected
from noise, odors and unsightly appearance.
(b)
All buildings, structures and accessory use
areas, except off-street parking, shall be at least 50 feet from any
property line.
(c)
Disposal of cadavers and contaminated materials
shall be disposed of in accordance with the applicable municipal,
county or state regulations.
(24)
Parking lot accessory to a use on a lot separate
from the use.
[Added 5-25-1993 by L.L. No. 2-1993; amended 6-22-1993 by L.L. No. 3-1993]
(a)
The entrance or exit to or from the parking
lot shall not be located within 150 feet of any street which intersects
with the street on which the parking lot is located.
(25)
Outdoor dining as a special exception accessory
use to an existing restaurant in the VB District.
[Added 4-20-1999 by L.L. No. 2-1999]
(a)
All outdoor dining shall be shown on a site
plan submitted with the application. Such site plan shall be accompanied
with a floor plan which shall show all indoor and outdoor dining areas
and entrances and exits into the restaurant, to the outdoor dining
premises and to the out-of-doors.
(b)
All parking associated with the restaurant use,
including any credited by variance, shall be shown on the site plan.
(c)
All outdoor dining shall be unheated open-air
dining, whether or not sheltered by a weatherproof overhead covering.
(d)
No outdoor dining facility shall exceed 50 seats
in total. Such capacity shall be calculated on the basis of one seat
per 15 square feet of floor space.
(e)
All tables and chairs shall be movable. No permanent
or fixed seating shall be permitted. No standing room service shall
be permitted.
(f)
No outdoor service bar shall be permitted; all
food and beverages shall be dispensed from the interior of the restaurant
and served to customers at their tables by employees of the restaurant.
(g)
No outdoor music or sound amplified from the
interior of the building shall be allowed.
(h)
Outdoor dining shall be permitted only to the
extent that such activity does not interfere with or diminish the
use and enjoyment of adjacent properties or those in the surrounding
area.
(i)
All special exception authorizations for outdoor
dining shall expire on January 1 of the year following their issuance.
(j)
The number of outdoor dining seats (to wit,
the seating capacity of the outdoor dining facility) shall not exceed
75% of the number of indoor dining seats (to wit, the seating capacity
of the restaurant use within the building containing the restaurant).
[Amended 6-11-1999 by L.L. No. 4-1999]
(k)
The use shall comply with Suffolk County Department
of Health Services requirements.
(26)
Apartments on upper floors in the VB District.
[Added 4-11-2013 by L.L. No. 2-2013]
(a)
One or more apartments (dwelling units) may be allowed on upper floors
only.
(b)
No apartment (dwelling unit) shall be provided on the first floor.
(c)
Provisions shall be made for proper sanitary waste disposal and water
supply facilities in conformance with the requirements of the Suffolk
County Department of Health Services, and such facilities shall be
designed to protect the groundwater reservoir from pollution, saltwater
intrusion or excessive demand detrimental to the environment and neighboring
properties.
(d)
With respect to property located in a designated historic district under Chapter 65 of the Village Code, such use shall be limited to existing (as of January 1, 2011) building floor area unless it is determined by the Board of Appeals that any proposed development or redevelopment of new or additional building floor area will be compatible with the historic character of such existing building and such historic district. In the case of any such proposed development or redevelopment, the Board of Appeals shall refer the application for special exception use approval to the Board of Architectural Review and Historic Preservation for its report and comments before any determination by the Board of Appeals.
(e)
The maximum floor area of a one-bedroom apartment shall be 800 square
feet. The maximum floor area of a two-bedroom apartment shall be 1,250
square feet. No apartment shall contain more than two bedrooms.
(28)
Food pantry.
[Added 8-20-2021 by L.L. No. 3-2021; amended 9-27-2021 by L.L. No. 7-2021; 2-8-2022 by L.L. No. 4-2022]
(a)
The area of the lot containing the food pantry shall not be less
than 10,000 square feet.
(b)
The lot containing the food pantry shall not be located at a distance
greater than 100 feet from a Business Zoning District.
(c)
The lot containing the food pantry shall not be located at a distance
greater than 500 feet from a roadway right-of-way defined by the New
York State Department of Transportation as "principal arterial," "minor
arterial," or "major collector."
(d)
The lot containing the food pantry shall contain an existing institutional
use or adjoin a lot that contains an existing institutional use. In
the case of an adjoining institutional use, said adjoining use shall
have frontage on the same roadway as the lot containing the food pantry.
(e)
The lot containing the food pantry shall not contain an existing
residential use at the time of application.
(f)
The number of food pantries permitted as special exception uses in
the Village of Southampton shall not exceed two at any given time.
(29)
Home furnishings showroom.
[Added 5-24-2022 by L.L.
No. 10-2022]
(a)
The interior space of the use shall be no less than 3,500 square feet unless the Board of Appeals grants a variance of this criterion pursuant to § 116-27.
(b)
When located in the Highway Business Zone, the lot area shall be not less than 40,000 square feet, nor shall it have a frontage of less than 150 feet along a highway, unless the Board of Appeals grants a variance of these criteria pursuant to § 116-27.
(c)
The use shall be, in the Board's determination, primarily dedicated to the display of home furnishings and similar items pursuant to § 116-2B, rather than a "retail store or shop" or other uses enumerated or otherwise unlisted in Chapter 116, Attachment 4, Business Districts - Table of Use Regulations.
(d)
Outdoor storage or display of merchandise shall be prohibited
within 50 of the front property line, and shall be, in the Board's
determination, incidental and accessory to the primary use as well
as appropriate in scale. Areas of outdoor storage and display, including
seasonal or temporary areas, shall be noted on the survey or plot
plan. Outdoor storage or display shall not occupy any required parking
or loading areas, fire zones, or otherwise impede pedestrian or vehicular
traffic.
