[Added 6-16-2005 by L.L. No. 3-2005]
The Board of Trustees finds that nonresidential
uses that operate between the hours of 10:00 p.m. and 7:00 a.m. on
the following day can have objectionable off-site impacts, including
noise, vibration, odors and glare. If these impacts are not regulated,
they can constitute a danger to the health, safety and general welfare
of the residents of the Village and have a negative impact on the
overall quality of life in the Village, especially where such businesses
are in close proximity to residentially zoned properties. Accordingly,
the Board finds that such nonresidential uses should be held to certain
performance standards and regulations before they are permitted to
operate, to ensure adequate control measures to protect the community
from health hazards and nuisances and to prevent a diminution in the
quality of life in the Village.
Notwithstanding any other provision of this
Zoning Ordinance, no nonresidential use may operate between the hours
of 10:00 p.m. and 7:00 a.m. on the following day unless the Board
of Trustees determines that such use meets the following standards:
A.
Zoning. The use (other than the hours of operation)
must be permitted under the Amended Building Zone Ordinance, as amended
from time to time, and then in effect.
B.
Lighting trespass. All exterior lighting shall be
provided by automated full-cutoff luminaires and site lighting (exterior,
interior and illuminated signs) and may not cause illumination on
residential properties in excess of 0.5 footcandle of light. On-site
vehicular circulation must be oriented or adequately shielded so that
headlights from vehicles do not illuminate any residence.
C.
Noise. The operation of the nonresidential use shall not cause or permit sound to intrude into a residential property in excess of 50 dBA between the hours of 10:00 p.m. and 7:00 a.m. on the following day. This requirement shall be in addition to and not in lieu of standards for noise set forth in Chapter 168 of the Village Code.
D.
Vibration. Continuous, frequent or repetitive vibrations
that exceed 0.002g peak may not be produced. Moreover, no vibrations
generated by the nonresidential use may be felt off-site, as measured
by a reasonable person's sensitivity.
E.
Litter control. The owner and operator of the nonresidential
use will have at least two trash receptacles on site for customer
use and will provide for a minimum daily litter pickup on site and
on adjacent sidewalks.
F.
Loitering and security. The owner or operator of the
nonresidential use will have a reasonable security plan, including
a method by which employees can view phone booths, benches, tables
and other locations. The operator of the nonresidential use shall
employ such personnel as is required to perform its security plan
as required by this article.
G.
Deliveries. To the maximum extent possible, deliveries
should not be made between the hours of 10:00 p.m. and 6:00 a.m. on
the following day.
H.
Odors. Continuous, frequent or repetitive odors may
not be produced. The odor threshold is the point at which an odor
may be detected by a person of reasonable sensitivity.
I.
Drive-through operations. The proposed use shall not
include any drive-through operations between the hours of 10:00 p.m.
and 7:00 a.m. on the following day.
J.
Outdoor seating. The proposed use shall not permit
the use of any outdoor seating facilities between the hours of 10:00
p.m. and 7:00 a.m. on the following day.
In the event that a proposed use meets all of the standards set forth in § 248-251.3, then the Board of Trustees will issue a special use permit.
In the event that an application that includes
a proposed nonresidential use between the hours of 10:00 p.m. and
7:00 a.m. on the following day is received by the Building Department
or by a board or commission of the Village, then the Department or
board or commission shall immediately refer such application to the
Board of Trustees for consideration under this article for a special
use permit. The Building Department, board or commission shall then
take no further action on such application until the Board of Trustees
has concluded its review under this article. The Board of Trustees
may request that the Superintendent of Buildings, or such person acting
from time to time with the authority of the Superintendent of Buildings,
render such opinion or analysis as the Board of Trustees may request
in connection with its review of any such application. In the event
that the Board of Trustees deems that the advice of any outside consultants
is required by it to perform any analysis pertinent to any application
referred to it under this article for a special use permit, then the
Board of Trustees may procure such experts and consultants that it
deems necessary, the cost of which shall be borne by the applicant.
In reviewing an application under this article, the Board of Trustees
may refer the application to the Planning Board for its recommendation
as to whether the application meets the standards set forth in this
article.
If the nonresidential use is subject to site
development plan approval by the Planning Board, that requirement
will not be affected by any permit issued under this article. Any
special use permit granted by the Board of Trustees hereunder shall
be deemed to be conditioned on the obtaining by the applicant of site
plan approval or any other approval, permit, variance or action of
any other Village authority that is otherwise required under the Village
Code.
[Amended 12-5-2019 by L.L. No. 7-2019]
A.
In addition to the approval requirements set forth in this article related to proposed nonresidential uses between the hours of 10:00 p.m. and 7:00 a.m. on the following day, no such use shall be established, except in conformity with a site development plan or special use permit, as appropriate, approved in accordance with Articles XXVIII, XXIX and XXXIX of this chapter.
