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