[HISTORY: Adopted by the Board of Trustees of the Village of Freeport 9-12-1994
by L.L. No. 8-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
[Amended 11-8-1999 by L.L. No. 15-1999]
The Board of Trustees may, after public notice and hearing, permit the following uses in Business B Districts, as defined in §§ 210-79 through 210-88 of Chapter 210, Zoning; Service Business SB Districts, as defined in §§ 210-89 through 210-97 of Chapter 210, Zoning; Marine Commerce Districts, as defined in §§ 210-236 through 210-245 of Chapter 210, Zoning; Marine Business Districts, as defined in §§ 210-106 through 210-114 of Chapter 210, Zoning; Manufacturing Districts, as defined in §§ 210-125 through 210-135 of Chapter 210, Zoning; Marine Industries Districts, as defined by §§ 210-115 through 210-124 of Chapter 210, Zoning; only:
A.
Places of amusement such as interactive video arcades,
virtual reality centers, indoor or outdoor carousels and amusement or recreation
centers and the like.
B.
Billiard parlors or pool halls.
C.
Indoor or outdoor mini-golf courses.
D.
Indoor or outdoor putting and driving ranges.
E.
Indoor or outdoor batting cages.
F.
Bowling alleys.
G.
Indoor or outdoor flea markets.
H.
All businesses engaged in high technology, products,
employee training and conference/seminar centers which are technology based
and growth oriented such as:
Before such approval shall be given, the Board of Trustees shall determine
that:
A.
The use will not prevent the orderly and reasonable use
of adjacent properties or of properties in adjacent use districts.
B.
The use will not prevent the orderly and reasonable use
of permitted or legally established uses in the district wherein the proposed
use is to be located or of permitted or legally established uses in adjacent
use districts.
C.
The safety, the health, the welfare, the comfort, the
convenience or the order of the Village will not be adversely affected by
the proposed use and its location.
In making such determination pursuant to § 215-2 of this chapter, the Board of Trustees shall give due consideration, inter alia, to:
A.
The character of the existing and probable development
of uses in the district and the peculiar suitability of such district for
the location of any of such special use or uses.
B.
The conservation of property values and the encouragement
of the most appropriate uses of land.
C.
The effect that the location of the proposed use may
have upon the creation or undue increase of vehicular traffic congestion on
public streets or highways.
D.
The availability of adequate and proper public or private
facilities for the treatment, removal or discharge of sewage, refuse or other
effluent, whether liquid, solid, gaseous or otherwise, that may be caused
or created by or as a result of the use.
E.
Whether the use or materials incidental thereto or produced
thereby may give off obnoxious gases, odors, smoke or soot.
F.
Whether the use will cause disturbing emission of electrical
discharges, dust, light, vibration or noise.
G.
Whether the operations in pursuance of the use will cause
undue interference with the orderly enjoyment by the public of parking or
of recreational facilities, if existing or if proposed by the Village or by
other competent governmental agency.
H.
The necessity for hard-surfaced paved areas for the purposes of off-street parking of vehicles incidental to the use and whether such areas are reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be had. In making said determination, the provisions of § 210-172 of Chapter 210, Zoning, shall apply.
I.
Whether a hazard to life, limb or property, because of
fire, flood, erosion or panic, may be created by reason or as a result of
the use or by the structures to be used therefor or by the inaccessibility
of the property or structures thereon for the convenient entry and operation
of fire and other emergency apparatus or by the undue concentration or assemblage
of persons upon such plot.
J.
Whether the use or the structures to be used therefor
will cause an overcrowding of land or undue concentration of population.
K.
Whether the plot area is sufficient, appropriate and
adequate for the use and the reasonably anticipated operation and expansion
thereof.
L.
Whether the use to be operated is unreasonably near to
a house of worship, school, theater, recreational area or other place of public
assembly or other special use, provided that in no event shall any such use
be located within five hundred (500) feet of a house of worship or school
or other special use.
N.
Whether the use is in conformity with any duly adopted
Comprehensive Plan for the Village.
The Board of Trustees shall, in granting such special use permits, impose such conditions and safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter and Chapter 210, Zoning. Such safeguards shall in each case require, inter alia, annual inspections by the Building Department to ensure compliance with such conditions and safeguards imposed. Upon a finding, after due notice and opportunity to be heard, that any such condition or safeguard imposed has been violated, the Board of Trustees may, by resolution, revoke said special use permit.
A special use permit shall be deemed to authorize only the particular
use or uses specified in the permit and shall be revoked if said use or uses
shall cease for more than twelve (12) months for any reason, unless prior
to that time an extension has been granted by the Board of Trustees, or if
all required improvements are not completed within twenty-four (24) months
from the date of issue of said special use permit, unless prior to that time
an extension has been granted by the Board of Trustees.
The Board of Trustees shall make rules as to the manner of filing applications
for special use permits.
The Board of Trustees, by resolution, shall adopt and from time to time may amend a schedule of fees payable by an applicant upon making application to the Board of Trustees for a special use permit and for the annual compliance inspection provided for in § 215-4 of this chapter.
Any person aggrieved by the decision of the Board of Trustees upon any
application for a special use permit as provided in this chapter may seek
redress in accordance with the provisions of Article 78 of the Civil Practice
Law and Rules of the State of New York.
If any provision of this chapter is held to be unconstitutional or invalid
by any court, the remaining provisions of this chapter shall not be invalidated.
