Bayville City Zoning Code
ARTICLE XXI
Special Permit Uses
§ 80-93 General requirements.
The special permit uses for which conformance to additional standards is required by this chapter (see Article X) may be considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this section, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
§ 80-94 Approval required.
Where special permit approval is required by the terms of this chapter, no building permit and, in the case of a change of use, no certificate of occupancy shall be issued by the Building Inspector until a special permit has been approved by the Board of Trustees.
§ 80-95 Application for permit.
[Amended 4-28-2025 by L.L. No. 1-2025]
An application for a special permit shall be made and processed in accordance with the provisions of Article XXII, Site Development Plan Approval, of this chapter.
§ 80-96 Conditions and standards for approval.
[Amended 4-28-2025 by L.L. No. 1-2025]
The Board of Trustees may authorize the issuance of a special permit, provided that it finds that all of the following conditions and standards have been met:
A.
The location and size of the use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
B.
The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
Operations in connection with any special use permit will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operation of any permitted use not requiring a special permit.
D.
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum and adequate safety.
E.
No use for which a special permit is required may be established within 250 feet of a residence.[1]
[1]
Editor's Note: This subsection was amended by L.L. No. 4-2015; however, due to the invalidation of said local law by the Supreme Court of Nassau County 6-30-2016, said subsection reads as it did prior to the 2015 amendment.
F.
No use for which a special permit is required may be established within 250 feet of another parcel of land on which a special use exists.
§ 80-97 Additional conditions and safeguards.
The Board of Trustees shall attach such conditions and safeguards as are, in its opinion, necessary to ensure initial and continual conformance to applicable standards and requirements. In all cases, the Board of Trustees shall retain continuing jurisdiction.
§ 80-98 Expiration of permit; termination for noncompliance.
A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than six months for any reason or if all required improvements are not completed within 18 months from the date of issuance. The Board of Trustees shall have the power and authority to designate terms and conditions which it deems material and essential in connection with any special permit. Upon finding that a material and essential condition of the permit has been violated, the Board may adopt a resolution terminating the permit. The permit holder shall be entitled to a public hearing before the Board of Trustees regarding the occurrence of any such violation, upon five days' written notice.