In granting a special permit, the Zoning Board
of Appeals, in its sole discretion, shall have the power to impose
whatever conditions it deems necessary in order to effectuate the
purposes of this chapter; to conserve and protect property values;
or to promote the health, safety, welfare and well-being of the residents
and property owners of the Incorporated Village of Sea Cliff.
[Added 9-10-2007 by L.L. No. 7-2007]
A. Expiration, lapse, extension and reinstatement of
special permits. Any special permit granted pursuant to this chapter
shall automatically expire and be of no further force and effect six
months after the granting thereof unless, within such six-month period,
substantial construction shall have been commenced. Such construction
must be completed within one year of the date of commencement of substantial
construction. The Zoning Board of Appeals shall be authorized, upon
application and without hearing, to grant extensions of the special
permit for periods not to exceed six months in duration or to reinstate
a lapsed special permit for good cause shown. Any special permit issued
prior to the effective date of this section shall be deemed to have
been issued on such effective date.
B. Extinguishment of a special permit. Whenever a use
established pursuant to a special permit shall have been abandoned
for a term of six months, or whenever the location of such a use is
substantially destroyed, the land, building or structure in which
said use shall have existed shall not thereafter be used for the previously
established use. Such six-month period of abandonment may be discontinued
only by 30 or more consecutive business days of operation. A use shall
be "substantially destroyed" if the cost to repair and replace the
structure in which it is located exceeds 50% of the current structural
replacement value thereof.
C. Revocation of a special permit. Any special permit granted pursuant to this chapter shall be revocable on the order of the Zoning Board of Appeals at any time upon the failure of the owner or operator of the use or structure covered by the special permit to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions in connection with such special permit which was designated by the Zoning Board of Appeals issuing the same. Prior to revoking any such special permit, the Zoning Board of Appeals shall give the holder of the special permit at least 10 days' written notice of violation. If within such 10 days the special permit holder so requests, the Zoning Board of Appeals shall hold a hearing on the revocation of such special permit and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. The foregoing provisions shall not be deemed to preclude the use of any other remedy by the Zoning Board of Appeals or by any enforcement agent of the Village to compel compliance with any conditions of the special permit. The violation of any condition imposed by the Zoning Board of Appeals as part of a special permit shall constitute a violation of this chapter and shall subject such violator to the penalties set forth in §
2-4B(2) of this Code.