Village of Ocean Beach, NY Chapter A166 Special Permit Procedures

[Editor's Note: These procedures have not been adopted by formal action of the Board of Trustees, but are included as a guideline to applicants as to the procedures to be followed.]

GENERAL REFERENCES

Zoning — See Ch. 164.

§ A166-1 Application for change of use only.

If this application is for change of use only, i.e., from a clothing store to a gift shop, and does not entail the alteration or removal or addition of doors, walls, partitions or windows, attach to this application a written description of the following:

A. Present and proposed use or uses.

B. The business to be conducted and the kinds of goods or services offered.

C. Number of employees and hours of operation.

D. Special equipment to be used.

E. Provisions and location for storage of stock.

F. Construction, size and locations of signs.

§ A166-2 Preliminary site plan required.

A. Prior to the issuance of a special permit by the Board of Trustees, under §§ 164-18 and 164-32 of the Zoning Law,[1] a preliminary site plan shall be filed with the Planning Board for review in accordance with standards and procedures set forth in this section. The following information shall accompany the plan:

(1) All the information required in § A166-1 above.

(2) Drawings shall be plotted no smaller than one-eighth-inch scale.

(3) Existing property with interior layouts and boundaries identifying all adjacent properties. A current survey would be preferred.

(4) Proposed construction, alteration, addition or change showing plan views and elevations and windows, doors, exits and interior details, including the proposed use of all areas.

(5) Design and construction materials of all buildings, accessory buildings and fences.

(6) Location and description of exterior lighting.

(7) Description of architectural features.

[1] Editor's Note: See Ch. 164, Zoning.

B. No application will be considered complete without the above information.

§ A166-3 Decision on application.

A. Completed applications shall be submitted not less than 10 working days prior to the scheduled monthly meeting of the Planning Board. Within 60 days of receipt of the complete preliminary site plan, the Planning Board shall act. If no decision is reached within this period, the plan shall be considered approved.

B. Preliminary site plan conferences are available to the applicant by the Planning Board to review the basic design.

C. The application will receive its final review at a scheduled monthly meeting of the Planning Board. The applicant, if he is to be represented by counsel or expert witness, is required to notify the Board at least one week in advance. The Planning Board may require that testimony be given under oath and the proceedings recorded.

D. The Planning Board's final action will be in the form of written statement to the Board of Trustees after review of the application at a scheduled monthly meeting of the Planning Board, indicating whether the preliminary site plan is approved, disapproved or approved with special conditions. The Village Clerk will send a copy of the plan and statement to the Superintendent of the Fire Island National Seashore.

E. Approval by the Planning Board is conditional upon the final site plan's compliance with all requirements of federal, state and local laws, standards and regulations having jurisdiction.

F. Approval or disapproval by the Planning Board does not imply or guarantee like action by the Board of Trustees, which Board will make final independent assessment of the application.

G. This application expires when final action is taken at a scheduled public hearing by the Board of Trustees to hear this application. If approved, the applicant may file a final site plan, together with an application for a construction permit, with the Building Inspector and the Planning Board. If disapproved, the applicant may not submit the same or a substantially similar plan for a period of one year, without permission from the Board of Trustees.