East Rockaway City Zoning Code
ARTICLE XVII
Special Exception Uses
§ 288-136 General considerations and standards.
A.
No special use permit shall be authorized by the Board of Trustees unless it shall determine:
(1)
That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in the surrounding area or impair the value thereof.
(2)
That 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 districts.
(3)
That the safety, health, welfare, comfort, convenience or order of the Village will not be adversely affected by the proposed use and its location.
(4)
That the use will be in harmony with and promote the general purposes and intent of this chapter.
B.
In making such determination, the Board of Trustees shall give consideration, among other things, to:
(1)
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 permit uses.
(2)
The conservation of property values and the encouragement of the most appropriate uses of land.
(3)
The effect that the location of the proposed use may have upon the creation or undue increase of traffic congestion on public streets, highways or waterways.
(4)
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.
(5)
Whether the use or materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot.
(6)
Whether the use will cause disturbing emission of electrical discharges, dust, light, vibration or noise.
(7)
Whether the operation 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.
(8)
The necessity for an asphaltic or concrete surfaced area for purposes of off-street parking and loading of vehicles incidental to the use and whether such area is reasonably adequate and appropriate to meet the parking and loading demands of the use.
(9)
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 plot 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 lot.
(10)
Whether the use or the structures to be used therefor all cause an overcrowding of land or undue concentration of population.
(11)
Whether the lot area is sufficient, appropriate and adequate for the use and the reasonable anticipated operation and expansion thereof.
(12)
The physical characteristics and topography of the land.
(13)
Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or place of public assembly.
§ 288-137 Board of Zoning Appeals' procedures.
Notwithstanding the provisions of this chapter with respect to use, erection or alteration of a building or premises in a Residential A District or in a Residential B District, for use thereof as a single-family detached house, the Board of Zoning Appeals of the Village may in a specific case after public notice and hearing, and subject to appropriate conditions and safeguards, vary the application of the regulations herein established in harmony with their general purpose and intent as follows:
A.
To grant as a special exception to maintain a two-family dwelling and to make the incidental changes or alterations in connection therewith, provided that the Board of Zoning Appeals shall make its deliberation and determination with reasonable consideration as to: