East Hills City Zoning Code
ARTICLE X
Light Industrial Districts
§ 271-97 Applicability.
The provisions of this article shall apply in a Light Industrial District.
§ 271-98 Permitted uses; prohibited uses.
A.
No building shall be erected, altered or used and no lot or premises may be used for any of the purposes set forth in this article unless the Planning Board shall have approved the site plan and the general building plans as provided in this article.
B.
A building may be erected, altered or used and a lot or premises may be used, subject to the provisions of this article, for one or more of the following purposes and no other, provided that the same are lawful, and further provided that any such use shall be established or maintained so that said use will comply with all of the performance standards set forth in this article:
(1)
Cabinetmaking.
(2)
Film processing.
(3)
Pharmaceutical laboratories.
(4)
Radio and television studios, but not transmitters.
(5)
Scientific research laboratories not involving the dumping of waste products.
(6)
Assembly of residential boiler units.
(7)
Receiving, warehousing, packaging, shipping and distribution, on a wholesale basis in containers not to exceed 1,000 pounds in weight, of fasteners, such as nuts, bolts, screws, etc.; fireplace fittings; copper tubing; and light metals.
(8)
Receiving, warehousing, cutting, shipping and distribution of carpeting, padding, tile, linoleum, vinyl inlay, woven and knitted textiles, at wholesale, provided that there shall be no converting, finishing, dyeing, sewing or manufacturing of any of such products.
(9)
Manufacturing of any of the following:
(a)
Clocks and watches.
(b)
Cosmetics.
(c)
Finished paper products.
(d)
Handicraft products.
(e)
Hearing aids.
(f)
Nonmetallic toys.
(g)
Optical instruments.
(h)
Precision instruments.
(i)
Surgical dressings.
(j)
Baseboard radiators and heat transfer equipment and parts thereof, including paint finishing and prepainting of steel coils.
(k)
Movie projectors.
(10)
Textile color cards, to include light printing, bookbinding, cloth and paper cutting, application of swatches to paper and warehousing the necessary materials, including the cloth utilized in this business.
(11)
Warehouse and showroom for new major household appliances and consumer electronic equipment, including, as an incident thereto, the repairing and servicing of such appliances and equipment; provided, however, that no such appliance or equipment or any part or parts thereof or therefor shall be sold or offered for sale at retail; and provided, further, that repairs and servicing shall be restricted and limited to the products manufactured, distributed or sold by the occupant of the premises; and provided, further, that such repairs and services shall not be at the retail level nor available directly to the consumer public.
(12)
Offices, when the same are used and maintained by the occupant of the premises in connection with and incidental to one or more of the other uses herein permitted.
C.
The Board of Appeals may, after public notice of which shall be given as provided in Article XIII, authorize as a special exception additional similar uses to those permitted in Subsection B, subject to appropriate conditions and safeguards, and in so acting shall give consideration to, but not limited to, the following:
(1)
Accessibility of the premises for fire and police protection.
(2)
Access of light and air to the premises and adjoining property.
(3)
Traffic problems.
(4)
Transportation requirements and facilities.
(5)
Hazards from fire and explosion.
(6)
Hazards created by noise, vibration and odor.
(7)
The size, type and kind of building and structures in the vicinity, together with their use.
(8)
That such use shall be lawful and may, in the judgment of the Board of Appeals, be established and maintained so that there will not be any violation of conditions designated in this article.
D.
Notwithstanding the above, the following uses shall not be authorized by the Board of Appeals and are hereby expressly prohibited:
Abattoir | |
Acetylene manufacture | |
Acid manufacture | |
Albumin powder manufacture or storage in quantities exceeding 20 pounds | |
Ammonia, bleaching powder or chlorine manufacture | |
Arsenal | |
Asphalt manufacture, refinishing, mixing or treating | |
Atomic research | |
Blast furnace | |
Boiler works | |
Candle manufacture | |
Celluloid manufacture | |
Coke manufacture | |
Crematory, other than a crematory in a cemetery | |
Creosote treatment or manufacture | |
Dextrin, glucose or starch manufacture | |
Disinfectant, insecticide or poison manufacture | |
Distillation of coal, petroleum, refuse, grain, wood or bone | |
Dyestuff manufacture | |
Emery cloth and sandpaper manufacture | |
Fat, grease, lard or tallow manufacture, rendering or refining | |
Fertilizer manufacture | |
Fireworks manufacture or storage | |
Fish smoking and curing | |
Gelatin, glue or size manufacture, which includes products from fish, animal refuse or offal | |
Grain drying or food manufacture from refuse, mash or grain | |
Lampblack, animal black or bone black manufacture | |
Linoleum or oilcloth manufacture | |
Match manufacture | |
Nuclear research | |
Oiled or rubber goods manufacture | |
Paint, oil, shellac, turpentine or varnish manufacture | |
Potash works | |
Printing and other ink manufacture | |
Pyroxyline or other plastic manufacture | |
Rawhides or skins storage, cleaning, curing or tanning | |
Refining oil or sugar | |
Rubber, synthetic rubber, caoutchouc or gutta-percha manufacture or treatment | |
Sauerkraut or pickle manufacture | |
Shoe blacking or stove polish manufacture | |
Smelting | |
Soap manufacture | |
Soda and compound manufacture | |
Steel furnaces, blooming or rolling mill | |
Stockyards | |
Stone crushing | |
Structural steel or pipe works | |
Tar distillation or manufacture | |
Tar roofing and waterproofing manufacture | |
Vinegar manufacture | |
Wool pulling or scouring | |
Yeast plant |
E.
The sale, display or offering for sale at retail of any goods, wares, merchandise, products, services or repairs is specifically prohibited and shall not be permitted in a Light Industrial District.
§ 271-99 Performance standards for noise.
A. DECIBEL IMPACT-NOISE ANALYZER METHOD OF MEASUREMENT OCTAVE BAND OCTAVE BAND ANALYZER SOUND-LEVEL METER
Definitions. As used in this section, the following terms shall have the meanings indicated:
A unit of measurement of the intensity of sound (the sound-pressure level).
An instrument used in conjunction with the sound-level meter to measure the peak intensities of short-duration sounds.
For the purpose of measuring the intensity and frequencies of sound, sound-level meters and octave-band analyzers shall be employed. Sounds of short duration which cannot be measured accurately with the sound-level meter shall be measured with the impact-noise analyzer as manufactured by the General Radio Company, or its equivalent, in order to determine the peak value of the impact. American Standards Association standards shall apply in all cases.
A means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch components.
An instrument used in conjunction with a sound-level meter to measure sound in terms of its pitch components in each of eight octave bands.
An instrument standardized by the American Standards Association, used for measurement of the intensity of sound and calibrated in decibels.
B.
Maximum permitted sound-pressure levels (in decibels):
C-Network Sound-Pressure Level (decibels) | |||
|---|---|---|---|
Column A Octave Band (cycles per second) | Column B Lot Line Between Industrial Premises | Column C Lot Line Between Industrial Premises and Residential Zones | |
20 to 75 | 72 | 71 | |
75 to 150 | 69 | 57 | |
150 to 300 | 66 | 49 | |
300 to 600 | 63 | 44 | |
600 to 1,200 | 60 | 40 | |
1,200 to 2,400 | 57 | 36 | |
2,400 to 4,800 | 54 | 33 | |
4,800 to 20,000 | 51 | 31 | |
C.
The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point on or beyond any lot line the maximum decibel levels for the designated octave band as set forth in the table above. If the lot line lies within 200 feet of a lot line of a residence, the maximum permitted decibel levels shall be as stated in Column C above.
D.
In the enforcement of this regulation, sound produced by the operation of motor vehicles or other transportation facilities shall not be included in determining the maximum permitted decibel levels.
§ 271-100 Performance standards for vibration.
A. FREQUENCY IMPACT VIBRATIONS METHOD OF MEASUREMENT STEADY-STATE VIBRATIONS THREE-COMPONENT MEASURING SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
The number of oscillations per second of a vibration.
Earthborne oscillations occurring in discrete pulses at or less than 100 per minute.
A component system as manufactured by the General Radio Company or its equivalent.
Continuous earthborne oscillations. Discrete pulses that occur more than 100 times per minute shall be considered to be "steady-state vibrations."
A device for recording the intensity of any vibration in three mutually perpendicular directions.
B.
Maximum permitted steady-state and impact vibrations displacement.
Frequency (cycles per second) | Vibration Displacement Steady-State (inches) | Impact (inches) | |
|---|---|---|---|
Under 10 | 0.0005 | 0.0010 | |
10 to 20 | 0.0004 | 0.0008 | |
20 to 30 | 0.0003 | 0.0006 | |
30 to 40 | 0.0002 | 0.0004 | |
40 and over | 0.0001 | 0.0002 |
C.
No activity shall cause or create a steady-state or impact vibration on a lot line with a vibration displacement by frequency bands in excess of that indicated in the table above.
D.
Sonic sound, super-high frequency sound or ultra-high frequency sound as a component to a manufacturing process. No component part or integral part thereof of a manufacturing process shall be allowed to employ a device, machine or process using sonic sound, super-high frequency sound or ultra-high frequency sound other than sonic cleaning devices complying with the Federal Communications Commission Rules and Regulations, Part 18.
§ 271-101 Performance standards for atmospheric pollutants.
A. DUST PARTICULATE MATTER RINGELMANN SMOKE CHART SMOKE SMOKE UNIT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Solid particulate matter capable of being airborne or gasborne.
Any finely divided liquid or solid matter, including smoke, capable of being airborne or gasborne.
A chart for determining the density of smoke and is described in Federal Bureau of Mines Information Circular 7718, as may be amended from time to time.
Any visible emission into the open air from any source, except emissions of an uncontaminated water vapor.
A measure of the quantity of smoke being discharged and is the number obtained by multiplying the smoke density in a Ringelmann Smoke Chart number by the time of emission in minutes. For example, the emission of Ringelmann Smoke Chart No. 1 for one minute equals one smoke unit.
B.
Method of measurement of smoke. For the purpose of grading the density of the smoke, the Ringelmann Smoke Chart shall be used for the purpose of determining the total smoke units emitted; a reading shall be taken every minute for an hour or for less than an hour if the total smoke units emitted exceed the number allowed by this section. Each reading shall be multiplied by the number of minutes during which it was observed and the products added.
C.
Maximum permitted emission of smoke. The emission of smoke shall not exceed the density of No. 1 on the Ringelmann Smoke Chart and shall not exceed five smoke units in one hour.
D.
Maximum permitted emission of dust.
(1)
Related to combustion for indirect heating. The emission into the atmosphere of dust related to combustion for indirect heating from any source shall not exceed 0.50 pounds in plants producing heat input of 10,000,000 or fewer British thermal units per hour and 0.15 pounds in plants producing a heat input of 10,000,000,000 or more British thermal units per hour. All intermediate values shall be determined from a straight line plotted on log graph paper.
(2)
Related to processes. The emission into the atmosphere of process dust or other particulate matter which is unrelated to combustion for indirect heating or incineration shall not exceed 0.50 pounds per hour for 100 pounds of process weight or 50 pounds per hour for 100,000 pounds of process weight. All intermediate values shall be determined from a straight line plotted on log graph paper.
E.
Prevention of windblown air pollution. All storage areas, yards, service roads or other untreated open areas developed within the boundaries of an industrial zoned plot shall be improved with appropriate landscaping, screening, paving, oiling, sprinkling or any other means of permissible improvement, so that there shall be no dust or other type of air pollution borne by the wind from such sources.
F.
General control over smoke and other particulate matter. In addition to the performance standards of regulating smoke and other particulate matter, the emission of such matter shall be so controlled in manner and quantity of emission so as not to be detrimental to or endanger the public health, safety, comfort or other aspects of the general welfare or cause damage or injury to property.
§ 271-102 Performance standards for odor.
No odor emanating from the building in which the use is conducted shall be perceptible at any lot line of the premises on which the building is situated.
§ 271-103 Performance standards for toxic or noxious matter.
For the purpose of this section, "toxic or noxious matter" is defined as any solid, liquid or gaseous matter, including but not limited to gases, vapors, dusts, fumes and mists containing properties which by chemical means are inherently harmful and likely to destroy life or impair health or likely to cause injury to the well-being of persons or damage to property. No use shall be permitted which will cause any dissemination of toxic or noxious material beyond lot lines in concentrations detrimental to public health, safety or comfort or capable of causing damage or injury to property.
§ 271-104 General standards for air pollution.
In addition to the performance standards set forth in this article for regulating and controlling the emission into the open air of smoke, dust, odorous, toxic and noxious matter, no "vent," herein defined as an opening in an enclosed structure or other enclosed system for discharging substances to the open air, shall be so located nor matter emitted of such characteristics or in such quantities as to be detrimental or dangerous to the public health, safety, comfort or other aspects of the general welfare or to cause damage or injury to property. No open fire, the combustion air for which is uncontrolled in quantity and direction, shall be permitted. No incineration or burning of waste solids shall be permitted.
§ 271-105 Performance standards for ionizing radiation.
A. IONIZING RADIATION or RADIATION RADIATION INSTALLATION RADIATION SOURCE RADIOACTIVE MATERIAL
As used in this section, the following terms shall have the meanings indicated:
Any alpha particle, beta particle, gamma ray, X-ray, high-speed electron, high-speed proton and any other atomic-particle-producing ionization, but not any sound or radio wave or visible, infrared or ultraviolet light.
A location where radioactive sources are used, operated or stored.
Any radiation equipment or radioactive material.
Any material in any form that emits ionizing radiation spontaneously.
B.
No person may engage in the manufacture or processing of radioactive materials.
C.
No person may possess, use or store radioactive sources in a uncontrolled manner.
D.
No person may transfer, receive, possess or use any radiation source or maintain any radiation installation within the Village except as provided for by law by the State Department of Health, the State Department of Labor, the State Public Service Commission, the United States Coast Guard, the United State Civil Aeronautics Board, the United States Interstate Commerce Commission or the United States Post Office Department, whichever is applicable.
E.
The holder of any license issued by the State Department of Health or the State Department of Labor shall register the license number, the name of the license holder, the location of the radiation source, and the date of license expiration with the Village Clerk.
§ 271-106 Performance standards for flammable or explosive materials.
For the purpose of this section, the storage of flammable, combustible and explosive materials shall conform to the 1964 Nassau County Fire Prevention Ordinance, as amended.
§ 271-107 Performance standards for humidity and heat.
No activity producing humidity in the form of steam or moist air or producing heat shall be conducted in such a manner that the steam humidity or heat is perceptible at any lot line of the lot upon which such activity is conducted.
§ 271-108 Performance standards for electromagnetic interference.
No use, activity or process shall be conducted which produces perceptible electromagnetic interference with normal radio or television reception in any area within the Village.
§ 271-109 Accessory buildings and uses.
Accessory buildings or uses on the same lot with and customarily incidental to any permitted use will be allowed.
§ 271-110 Fences.
Fences shall not exceed seven feet in height.
§ 271-111 Signs.
A.
There shall be permitted one sign advertising the business conducted on the plot, which shall not exceed 30 square feet in area. All signs shall be deemed to be structures for the purpose of this article. Signs which are permitted to be erected, installed or maintained shall be of a rigid material and so affixed to the premises as to prevent the same from moving, waving, flapping or turning.
B.
The Board of Appeals may, on application and after notice and public hearing, as a special exception and upon such conditions, restrictions and safeguards as it may deem necessary, permit not more than three such signs on a plot advertising the business conducted thereon, one of which such signs may have an area not exceeding 100 square feet. No such sign shall be illuminated except as shall be approved by the Board of Appeals.
§ 271-112 Height restrictions.
A.
Except as provided in Subsection B, no portion of any building shall exceed a height above a plane between an elevation of 25 feet above the subgrade of the center line of the Long Island Rail Road (Oyster Bay Branch) and an elevation of 260 feet above mean high water according to the United States Geological Survey along a line 600 feet from and parallel to the mean of the easterly right-of-way line of the Long Island Rail Road (Oyster Bay Branch) and in no event higher than said elevation of 260 feet above mean high water.
B.
No building on any premises or site abutting on North Hempstead Turnpike shall exceed 35 feet in height or extend above an elevation of 260 feet above mean high water according to the United States Geological Survey, except that roof structures occupying an area of not more than 10% of the roof may extend an additional 10 feet.
[Amended 7-20-1998 by L.L. No. 9-1998]
§ 271-113 Minimum required site area.
No industrial building, including accessory buildings, shall be erected on a plot or lot having an area of less than seven acres.
§ 271-114 Lot coverage; location of structures.
A.
The total coverage of buildings or structures on any plot or site shall not exceed 50% of the plot area, which coverage shall include off-street loading and unloading facilities. The remaining 50% shall be divided among areas for landscaped parks, sidewalks and accessory parking of vehicles. The area required to be provided for accessory parking of vehicles shall provide parking space for a number of vehicles equal to at least one parking space for every three of the maximum number of employees for which the plant is designed in the conduct of the business or industry on the plot. The Planning Board in approving the site plan shall determine the location of areas to be set aside for the parking of vehicles and the open spaces to be provided for landscaping, sidewalks and roadways. In the event that the parking area for the number of employees for which the plant is designed shall exceed 50% of the plot area, then the building area shall be reduced accordingly, as shall be determined by the Planning Board. Each building shall have adequate off-street loading and unloading facilities, which shall be shown on the plot plan to be approved by the Planning Board, and provision for the same shall be made in a location that will not interfere with accessory building areas and means of ingress and egress therefrom.
B.
No building shall be erected on a plot within 50 feet of another building on the same plot.
C.
No building or structure shall be erected on a plot without the approval of the Planning Board, which approval shall be by a report made to the Building Official. The Planning Board in approving the erection of a building or structure on the plot shall consider the architectural design of such building and structures and their relationship to the affected and surrounding properties and buildings so that building and property values shall be conserved and that the most appropriate use of land throughout the Village shall be encouraged, and the Planning Board in so acting shall give consideration to the following:
§ 271-115 Setback or building lines.
A.
There shall be a minimum front yard depth of 100 feet from the present line of North Hempstead Turnpike and a minimum setback of 50 feet from any other street except where the property on the other side of the street is in another district, in which case there shall be a minimum setback of 100 feet.
B.
The Planning Board in approving the site plan may permit a parking area for vehicles owned by executives to project from the building area into the front yard a distance of not more than 25 feet where the front yard has a depth of not less than 75 feet, to accommodate not more than 20 vehicles.
§ 271-116 Side and rear yards.
§ 271-117 Parking areas.
A.
No parking space, except as provided in § 271-115B, shall project into a front, side or rear yard.
B.
No access to any parking area shall be nearer than 100 feet from North Hempstead Turnpike.
C.
No parking area or space shall be used for any purpose other than the accessory parking of automobiles or other vehicles. In no case shall any storage, servicing or dismantling of automobiles or other vehicles or loading and unloading be permitted in the parking area.
D.
No part of any parking area shall be used for the storage or abandonment of any article.
E.
All parking areas shall be screened with evergreens or with similar shrubbery so that such area shall be obscured from the view of adjacent property as specified by the Planning Board.
F.
When a plot abuts on North Hempstead Turnpike, there shall be provided a marginal roadway of 50 feet in width with no more than one entrance from said marginal roadway to North Hempstead Turnpike. However, the Planning Board in approving the site plan may waive the requirement of this section, provided that entrances and exits from parking areas and to buildings on the plot shall be to a Village street either in existence or for which irrevocable offers of dedication have been filed with the Board of Trustees and the Board of Trustees has agreed to accept the same by resolution setting forth the conditions of acceptance, which conditions shall have been complied with before the site plan shall be approved.
§ 271-118 Sewage disposal.
All buildings used for manufacturing purposes not connected with a municipal sewerage system shall be equipped with an independent sewerage system and disposal facilities approved by the Nassau County Department of Health.
§ 271-119 Storage and removal of garbage, rubbish and refuse.
Suitable storage space shall be provided for the storage of garbage, refuse, rubbish, etc., but shall be approved as to size and location by the Board of Trustees. This power of approval may be specifically delegated by resolution to the Building Inspector. Removal of all garbage, refuse and rubbish shall be under private contract by the owner and at the owner's sole cost and expense.
§ 271-120 General criteria.
A.
All buildings and structures, roads, walks and parking areas authorized under the provisions of this article shall conform to all applicable laws, regulations and ordinances relating to construction, operation and maintenance.
B.
No building permit shall be issued by the Building Official for any use provided in this article unless there shall be filed with the Building Official and accompanying the application for the building permit a certified copy of a report or resolution of the Planning Board approving the site plan and the general building plan. The term "general building plans" shall be deemed to mean the plans showing the exterior elevations of the buildings, the exterior design and all super structures, the linear and horizontal dimensions, the square footage of the floor area and the cubic foot content of the building.
C.
An application for the approval of the site plan by the Planning Board must be in writing, verified by the owner of the plot and be accompanied by a site plan and general building plans showing the design, location and the uses of buildings, structures, parking areas, loading areas, driveways, sidewalks, screening, planting, open spaces and such other details as required by this article, Village ordinances, and which may be required by the regulations for filing plats of the Planning Board. Such application and site plans shall be in triplicate and filed in the office of the Village Clerk. On the filing of the application for the approval of the Planning Board, there shall be paid a minimum of $150 for the first seven acres and $10 for each additional acre shown on the site plan.
D.
The Planning Board is hereby empowered to approve the site plan in accordance with the provisions of this article, which approval shall be by resolution.
E.
All buildings and structures, roads, driveways, walks and parking areas shall conform to all applicable laws, ordinances, rules and regulations relating to construction, operation and maintenance.
F.
The Planning Board shall approve or disapprove the site plan and general building plans within 45 days of the filing of the same in the office of the Village Clerk. In disapproving the site plan or the general building plans, or both, the Planning Board shall state in its report the reasons for such disapproval. The owner, within 30 days of the filing of the report of the Planning Board disapproving the site plan or general building plans, may appeal to the Board of Trustees of the Village. The Board of Trustees shall, within 20 days of the filing of such appeal, review the action of the Planning Board disapproving the site plan or the general building plans and shall, within 10 days thereafter, either affirm, modify or reverse the action of the Planning Board, and the resolution of the Board of Trustees shall have the same effect as the report of the Planning Board.
§ 271-121 Temporary structures.
A.
The Board of Trustees, upon written application, may, after a public hearing, permit the erection and maintenance of a temporary structure or structures to be used for storage purposes only in connection with and accessory to the then use of any permanent building or buildings already erected upon the subject parcel; provided, however, that no chemicals or flammable liquids of any kind or nature shall be kept, stored, placed in or maintained in any such temporary structure.
B.
"Temporary structure" is hereby defined as a structure which is designed, erected, built or maintained other than in full compliance with the Building Code[1] of the Village and which is intended to be maintained and used by the applicant for a period not in excess of two years. The application for such temporary structure shall state the period of time for which such temporary structure is intended to be used.
C.
The application for a temporary structure shall be accompanied by the following:
(1)
A survey of the entire parcel, which shall contain thereon the location and description of all buildings and improvements presently thereon, together with the location (in broken lines) of the temporary structure or structures proposed to be erected.
(2)
The written consent of each owner and occupant of the subject parcel.
(3)
The materials proposed to be stored in such structure.
(4)
A detailed description of the material or materials of which such structure or structures is to be constructed.
(5)
The cost of construction of said proposed structure or structures.
(6)
A certification by a licensed professional engineer that such proposed structure or structures are safe and will not be dangerous to any person in or in any area within 1,000 feet of such proposed structure.
(7)
The dimensions of such structure or structures. The longest horizontal dimension of such structure shall be deemed to be the front of such structure or structures. If such structure shall be other than four-sided, then the front length shall be deemed to be 1/2 of the total outside dimensions, perimeter or circumference of said structure.
(8)
Certification by the Fire Marshal of Nassau County that said structure or structures will not constitute a fire hazard to person or property and an approval of the material to be used in the construction thereof.
(9)
The sum of $200, no part of which shall be refundable regardless of the action taken by the Board of Trustees on such application.
(10)
The written consent of the owner and occupant of the parcel to the effect that, during the maintenance or use of said structure or structures, the Village by any of its officers, agents or employees may, at any time during normal business hours and without prior notice, enter upon said property and into the structure or structures for the purpose of inspection and that, within 10 days after the expiration of the permit granted therefor, said structure or structures will be wholly removed and the land restored to its prior condition and that, upon failure to so remove such structure or structures, the Village may enter upon such property and remove such structure or structures and dispose of the same as rubbish and that the applicant will reimburse the Village for all costs and expenses in connection therewith and will indemnify the Village and save it harmless against the claims of any and all persons for injury to person and property.
D.
No permit granted by the Board of Trustees shall be for a period in excess of six months and shall expire six months from the date of issuance, unless sooner terminated by reason of the violation of any condition set forth in said permit; provided, however, that the Board of Trustees, upon further application made to it not later than 45 days prior to the expiration of any permit, may extend the same, without further public hearing, for additional periods of six months each, but in no event shall the total period of the permits, including the initial permit, be for a period in excess of two years. Every application for an additional permit shall be accompanied by a payment of $200, which sum shall be refunded in the event that the application for such additional permit is denied.
E.
In granting an application for a permit or an additional permit, the Board of Trustees shall impose such terms and conditions as it shall, in its judgment, deem reasonable and proper and shall, among other things, take into consideration:
(1)
Accessibility of the structure or structures for fire and police protection.
(2)
Access of light and air to the premises and adjoining property.
(3)
Traffic problems.
(4)
Transportation requirements and facilities.
(5)
Hazards from fire, explosion and the elements.
(6)
Hazards created by noise vibration and odors.
(7)
The size, type and kind of buildings and structures in the vicinity, together with their use.
(8)
The effect of such proposed structure or structures on the safety, health and welfare and on the property values in the vicinity of such proposed structures.
(9)
The sight lines of such proposed structure or structures and their aesthetic effect.
F.
Within 45 days after the completion of the public hearing, the Board of Trustees shall grant or deny the application. If such application shall be granted, the Building Inspector shall, upon written application, issue a building permit for such construction and erection upon payment of the fees provided for in Article XIV, § 271-138B(3) of this chapter. If such permit shall not be applied for within 30 days after the application shall have been granted by the Board of Trustees, then the granting of such application shall be of no force and effect, and it shall be conclusively deemed that such application had been denied. No building permit shall be issued unless at the time of the application the applicant shall submit a bond or undertaking by a surety company licensed to do business in the State of New York, conditioned upon the observance and compliance by the applicant of all of the terms and conditions of this section and of the terms and conditions of the resolution of the Board of Trustees granting the application, including applications for additional periods of use. The Board of Trustees shall fix the amount of such bond or undertaking in such amount as it shall deem advisable, but which amount shall not exceed the cost of the structure or structures.
G.
All such structure or structures shall comply fully with all of the provisions and conditions of this article of this chapter with respect to setbacks and proximity to other buildings on the same parcel; area coverage of all buildings, which shall include the temporary structure or structures; and size of plot. No such temporary structure or structures shall contain any toilet, electrical installation (other than for illumination, operation of doors and permitted heat equipment), plumbing, interior heating equipment or cooking installations, apparatus or facilities, nor shall any person use the same for any living or sleeping purposes. The height of any such structure or structures shall not, at its highest point, be greater than 10 feet less than the height of any building on the property, and there shall be no outside lights used in connection with or attached to such structure or structures. Such structure or structures shall not be used or occupied by any person before 8:00 a.m. or later than 9:00 p.m. on any day.
H.
No such structure or structures shall be used in any manner whatever until a certificate of occupancy shall have been applied for and obtained from the Village Building Inspector and the fees therefor paid in accordance with the provisions of Article XIV, § 271-138B(7).
I.
Upon issuance of the certificate of occupancy, the structure or structures shall be added to the assessment rolls of the Village.
J.
In the event that the owner or occupant of the property shall fail to comply with the provisions of this section or of any terms or conditions contained in the resolution of the Board of Trustees granting the application for such temporary structure or structures, then the Board of Trustees may, at any meeting held by it, revoke such resolution and permit, and thereupon the use of such structure or structures shall be terminated and such structure or structures shall be forthwith removed. Notice of such hearing and intended action shall be given to such owner or occupant by registered or certified mail or in person upon any of its agents, officers or employees at least five days before such meeting, and said owner or occupant shall be entitled to appear, including counsel, and present such facts and evidence as may be material to any issues or questions involved. The Board of Trustees may, in its discretion, require any witness to be sworn.