Village of Scarsdale, NY Article XIV Powers of the Planning Board

[Added 9-27-1994 by L.L. No. 9-1994[1]]

[1] Editor's Note: This local law also provided for the renumbering of former Article XII as Article XIII and former §§ 310-74 through 310-81 as §§ 310-76 through 310-83, respectively.

§ 310-89 Nonresidential special use permits.

A. The special uses for which conformance to additional standards is required by this section shall be deemed to be permitted uses in the respective districts, subject to the satisfaction of the requirements, standards and safeguards set forth herein, including such additional requirements as may be specified by the Planning Board, provided that the Board determines the individual use in harmony with the general purposes and intent of the Zoning Code. All such uses are declared to possess characteristics of such a unique and special nature that each specific use shall be considered as an individual case. The Planning Board will give public notice and hold a hearing on each application prior to approval of a special use permit, which hearing will be combined with the hearing on a site plan application as provided in Chapter 251 of this Code. The Board may also:

(1) Permit, in any residence district, a private school, including a parochial grade school, middle school or high school, or a college, academy or seminary; a club, lodge or community center building, except one whose chief activity is a service customarily carried on as a gainful business; or, subject to due consideration of the needs of the Village for public health and safety, a hospital, sanatorium or nursing home, not including, however, any such institution to be used for the care or treatment of animals; all subject to the provisions of § 310-7F and the provisions of § 310-70 and Chapter 251, Site Plan Review, of this Code.

(2) Permit the continuance of a legal, preexisting, nonconforming nonresidential use in a residential zoning district pursuant to § 310-67 of this chapter.

[Amended 5-23-1995 by L.L. No. 7-1995]

(3) Permit required parking spaces to be provided and maintained other than on the same lot with the building or premises for which such parking spaces are provided, subject to the provisions of § 310-70A(11) of this chapter.

(4) Permit parking areas and playgrounds of a public, private or parochial grade school, middle school or high school or church or other place of worship to be provided and maintained other than on the same lot with the principal building, upon a determination that such use is consistent with the public health, safety, morals and general welfare of the community, subject to the provisions of § 310-70 of this chapter.

(5) Permit, in the VCO - 0.8 and PUD - 1.0 to 2.0 Districts, a service station or public garage, upon a determination that the arrangement and location thereof are not inconsistent with the public health, safety or general welfare of the community, subject to the provisions of § 310-12B(5) and (7) of this chapter, provided that such use meets the following requirements:

[Amended 3-24-1998 by L.L. No. 2-1998]

(a) The number, size, type, arrangement and location of the fuel dispensers, lighting fixtures, storage tanks and other fixed equipment shall be approved by the Planning Board. There shall be no canopy larger than necessary to cover the fuel dispensers.

(b) All fuel storage tanks shall be underground outside of any building.

(c) No pump, tank or service appliance shall be nearer than 20 feet to any street line.

(d) The incidental operation of an automobile rental business is considered an acceptable accessory use for such station, provided that such business use shall have been approved by the Planning Board as not inconsistent with the public health, safety and general welfare of the community.

(e) No more than 50 square feet may be devoted to the sale of prepackaged merchandise unrelated to servicing motor vehicles.

(6) Permit offices for physicians or dentists, irrespective of the residence of the personnel of such offices:

[Amended 4-8-1997 by L.L. No. 3-1997]

(a) Provided that the Board shall determine in each case that the proposed offices:

[1] Will not create or seriously aggravate a traffic or other hazard.

[2] Will not be incongruous or detrimental to the prevailing residential character of the neighborhood.

[3] Will not impair the use, enjoyment or value of adjacent residential properties.

[4] Will in general be consistent with the public health, safety, morals and general welfare of the community.

(b) Provided, further, that such use meets the following requirements:

[1] All parts of the lot on which such offices are located must be within 600 feet of property zoned by the Village, as of August 30, 1957, for business uses.

[2] The lot on which such offices are located must have a minimum area of one acre and both a width and length of street line frontage of at least 150 feet.

[3] The building housing such offices must not exceed one story, except that a second story penthouse is permitted on the main building, provided that it does not exceed 12% of the gross floor area of the first floor of the building and is set back no less than 20 feet from the walls of the first story.

[4] The building(s) must not exceed 20 feet in height above the average level of the finished grade adjacent to the building, the gross floor area may not exceed 10,000 square feet and must have at least the following setbacks from lot lines:

[a] Thirty feet from the front lot line, all of which shall be landscaped with evergreen screening in accordance with a plan approved by the Planning Board.

[b] Ten feet from the side lot line, which must be landscaped with evergreen screening if and as required by the Planning Board.

[c] Thirty feet from the rear lot line, of which not less than the first 10 feet contiguous to such rear lot line shall be landscaped with evergreen screening if and as required by the Planning Board.

[5] The buildings must be architecturally designed to harmonize with surrounding residences.

[6] The buildings must not provide overnight accommodations, except in cases of emergency.

[7] The buildings may not be occupied by more than eight physicians or dentists at any one time, regardless of whether they are employed by the primary occupant of the buildings or employed by others.

[8] Off-street parking shall be provided, with a minimum number of parking spaces prescribed by the Planning Board pursuant to § 251-2 of Chapter 251, Site Plan Review, of this Code, which number may not be less than 10 parking spaces for each of the maximum number of physicians or dentists permitted to use such building at any one time.

(c) The Planning Board may set time limits on the length of the permit and the hours of operations.

(7) Permit an outdoor off-street parking lot in a Buffer Parking District for use in connection with existing or proposed business buildings on adjacent property zoned for business and under the same ownership, provided that, after considering the need for a parking lot in the area and the extent to which land in the area should be used to satisfy such need, existing parking and traffic conditions in the surrounding area, the public health, safety and general welfare and the comfort and convenience of the public, a majority of the entire Board as if there were no vacancies shall determine in each case that:

[Amended 4-8-1997 by L.L. No. 3-1997]

(a) Such parking lot will improve parking and traffic conditions in the area.

(b) Such parking lot will not create hazards affecting the public safety.

(c) Such parking lot will not seriously impair the value, use and enjoyment of neighboring residential properties.

(8) (Reserved)[1]

[1] Editor's Note: Former Subsection A(8), which related to Residence B Districts, was repealed 4-8-1997 by L.L. No. 3-1997.

(9) Permit, in a Residence A, Business A or Village Center Area District, a service station, but only in cases of existing legally nonconforming service stations or those operating under previous variances approved by the Board of Appeals, upon a determination that the arrangement and location thereof are not inconsistent with the public health, safety or general welfare of the community. The Planning Board may set a time limit on the length of the permit and the hours of operations. Such use shall meet the following requirements:

(a) The number, size, type, arrangement and location of the pumps, lighting fixtures, storage tanks and other fixed equipment shall be approved by the Planning Board.

(b) All fuel storage tanks shall be underground outside of any building.

(c) No pump, tank or service appliance shall be nearer than 20 feet to any street line.

(d) No servicing of vehicles shall be permitted outdoors, other than for fuel, oil, tires, air and water.

(e) No outdoor display or vending of merchandise other than cans of oil in racks shall be permitted.

(f) No temporary signs, such as but not limited to pennants, pinwheels, banners and flashing lights, shall be permitted.

(g) In the Residence A and Business A Districts, the following additional requirement shall apply:

[1] No outdoor parking of vehicles overnight unless specifically approved by the Planning Board.

(10) Permit, in the Business A, VCO - 2.0, VCO - 0.8 and PUD 0.8 - 1.4 Districts, a telephone exchange, provided that such use meets the following requirements:

[Added 5-23-1995 by L.L. No. 7-1995]

(a) On site, off-street parking for employees and visitors, as may be required by the Planning Board pursuant to §§ 310-70A(11), B and C.

(b) Landscaping and building design, as may be required by the Planning Board, using the general guidelines contained in § 310-12C(3).

(c) Uses of the building are limited to those outlined in the definition of "telephone exchange" in § 310-2. There may be no office or other uses beyond those that are reasonably related to the functions of a telephone exchange and for the employees permanently based in the building.

(11) Permit, in the VCR-1.0 District, commercial sale, transfer and/or delivery of firearms, provided that such use meets the following requirements:

[Added 2-13-2019 by L.L. No. 1-2019]

(a) Location. The commercial sale, delivery and/or transfer of firearms and/or ammunitions shall not be located within 250 feet of any public or private school, nursery school, day-care center, playground, or house of worship, nor within 250 feet of any other establishment engaged in the commercial sale, delivery, and/or transfer of firearms and/or ammunitions. Such distance shall be measured from the nearest point of the portion of the building or structure engaged in the commercial sale, delivery and/or transfer of firearms and/or ammunitions to the nearest point of the lot line of the property with a public or private school, nursery school, day-care center, playground, house of worship, or building or structure engaged in the commercial sale, delivery and/or transfer of firearms and/or ammunitions.

(b) Storage when open for business.

[1] All ammunition when being displayed shall be kept in a locked case or behind the counter in an area not accessible to the public.

[2] No firearm shall be stored, exhibited, or displayed in windows of the premises.

[3] All firearms shall be located in a locked display case, counter or storage area, which the public shall not have access to. The keys or codes to such areas shall not leave the control of authorized personnel.

(c) Storage when not open for business shall be in accordance with one of the following:

[1] All firearms shall be stored in a locked fireproof safe or vault located within the business premises.

[2] All firearms must be secured by a hardened steel rod or cable of at least 1/4 inch in diameter and shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a lock cutter and the rod or cable shall be anchored in a manner that prevents the ready removal of the firearm from the premises.

(d) Security. Security for the premises must include an alarm system and surveillance cameras that are operational when the premises is open and closed for business. Surveillance footage shall be retained for a minimum of six months.

(12) Permit, in Business A, Business C, Village Center Retail (VCR) - 2.0, VCR - 1.0, VCR - 0.8, Village Center Office (VCO) - 2.0, VCO - 1.0, VCO - 0.8, Planned Unit Development (PUD) - 1.0, and PUD - 0.8-1.4, commercial sale, transfer and/or delivery of ENDS and/or ENDS components and parts, provided that such use meets the following requirements:

[Added 2-13-2019 by L.L. No. 1-2019]

(a) Location. The commercial sale, transfer and/or delivery of ENDS and/or ENDS components and/or parts shall not be located within 1,000 feet of any public or private school, nursery school, day-care center, house of worship, youth center, playground, park, library, arcade nor within 1,000 feet of any other establishment engaged in the commercial sale, delivery and/or transfer of ENDS and/or ENDS components and parts. Such distance shall be measured from the nearest point of the portion of the building or structure engaged in the commercial sale, delivery and/or transfer of ENDS and/or ENDS components and/or parts to the nearest point of the lot line of the property with a public or private school, nursery school, day-care center, playground, or house of worship or building or structure engaged in the commercial sale, delivery and/or transfer of ENDS and/or ENDS components and/or parts.

(b) Storage when open for business.

[1] No ENDS or ENDS components or parts shall be stored, exhibited, or displayed in windows of the premises.

[2] All ENDS or ENDS components and parts shall not be accessible to the public without assistance of authorized personnel.

B. All applications for special use permits shall be accompanied by plans and sketches of the lots, premises and buildings in question, showing the location and architectural elevations of the present and proposed buildings or construction. In addition, the application shall be accompanied by such additional information as may be required by the Building Inspector and by the Planning Board rules and regulations, as contained in Chapter A319 of this Code.