Lattingtown City Zoning Code
ARTICLE V
Uses Subject to Additional Standards: Procedures
§ 315-19 Construal of use; compliance required.
A.
The uses for which conformance to additional standards is required by this chapter shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein in addition to all other requirements of this chapter.
B.
All uses listed as subject to additional standards are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform to the following general requirements as well as the pertinent specific requirements.
§ 315-20 General standards and requirements.
A.
The location and size of the use, the nature and intensity of the operation involved in 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 shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is proposed to be located and shall accord with and promote the purposes set forth in the Village Law.
B.
The operation in connection with any such use shall not be more objectionable to nearby properties, by reason of noise, vibration, excessive light, smoke, gas, fumes, odor or other atmospheric pollutant than would be the operations of any other permitted use in the same zoning district.
C.
The entrance and exit drives shall be laid out so that there is maximum safety for vehicular traffic and pedestrians.
D.
Buffer planting, walls and fences shall be required, where necessary, to protect adjoining residential properties. Such planting shall be specified in detail when a plan is approved.
E.
Exterior lighting shall be so installed and arranged as to reflect light away from adjoining streets and to prevent any nuisance to property in adjoining residence districts.
§ 315-21 Application for building permit; required map and plan.
An application for a building permit involving a use subject to additional standards shall be made to the Building Inspector. An area map, showing the location of the property with respect to surrounding property, streets and other important features, and a plan for the proposed development shall be submitted with an application for a building permit. The plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, trees, landscaping, topography, special features, and any other pertinent information, including such information about neighboring properties as may be necessary to determine that the requirements of this chapter are met.
A.
Every application made pursuant to this section to the Board of Appeals for a permit shall contain and conform with the following regulations:
(1)
The person, firm or corporation for whom the use is intended shall be the owner of the fee title of the lot or premises on which the use is sought at the time application is made.
(2)
The application shall be in writing, shall be made and be verified by the fee owner of the lot or premises.
(3)
Shall include:
(a)
The name and address of the owner.
(b)
If a firm or corporation, full name and residence of each member of the firm or that of the principal officer of the corporation, as the case may be.
(c)
Land and Tax Map description and the area of the lot or premises.
(d)
Description of existing structures and uses.
(e)
Distance from public water supply.
(f)
Statement of proposed use.
(g)
Period of time for which the permit is requested.
(4)
Accompanying said verified application, which shall be construed as constituting a part thereof, shall be submitted:
(a)
A site plan showing the location and uses of existing buildings, structures, facilities and open spaces on the lot or premises, including but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks, means of water supply, buildings and structures on adjoining premises with 200 feet of the subject lot or premises, streets and highways and the width thereof abutting the subject lot or premises.
(b)
A site plan showing all existing buildings and facilities to be retained and all future proposed buildings, structures, facilities, open spaces and their uses on the lot or premises, including, but not limiting the foregoing, parking areas, sports and recreational areas, driveways, walks, and landscaping. Dimensions and distances shall be set forth on the plan.
(c)
A statement setting forth all present and proposed future uses of the buildings, structures and facilities.
(d)
When buildings and structures are to be erected or altered, a certificate of the Building Inspector that an application has been filed for a building permit and that the plans, specifications and facilities comply with all laws, ordinances and regulations applicable to the intended use.
(e)
Where no buildings or structures are to be erected, a certificate of the Building Inspector that an application has been filed for a use permit and that the existing buildings, structures and facilities comply with all laws, ordinances and regulations applicable to the intended use.
(5)
No use of the lot or premises or buildings, structures or facilities thereon, nor the erection, alteration of any building, structure or facility other than as shown on the site plan and/or described in the statement approved by the Board of Appeals in the granting of a permit, shall be made except on application to the Board of Appeals to amend said site plan and statement, and any amendment of said site plan and statement shall be acted upon in the same manner as an original application for a permit under this subdivision.
(6)
The Board of Appeals in authorizing the issuance of any permit under this section may provide that said permit shall be temporary and fix the term thereof. Any application for a renewal of a temporary permit shall be acted upon in the same manner as an original application.
§ 315-22 Referral of application to Board of Appeals.
Each application for a permit involving a use subject to additional standards and requirements, together with the required map and plan, shall be referred to the Board of Appeals by the Building Inspector. No action shall be taken by the Building Inspector regarding the issuance of the permit applied for until the Board of Appeals has rendered its decision and order made thereon after public notice and hearing.
§ 315-23 Decision by Board of Appeals.
In making its decision and order, the Board of Appeals shall be subject to and bound by all the requirements set forth in Article VI hereof and shall give effect to the general standards and requirements set forth in this article and to the specific standards and requirements for each such use under consideration as set forth in Article VI. Said decision and order shall state whether or not the specific and general standards and requirements have been met by the applicant and shall include appropriate and reasonable conditions and safeguards which the Board of Appeals itself deems necessary to impose in any case to assure continual conformance to all applicable requirements.
§ 315-24 Action by Building Inspector.
If the decision and order of the Board of Appeals indicates that all applicable requirements have been met and the Building Inspector has determined that all other applicable requirements and laws have been complied with, he shall issue the building permit for which application has been made, in accordance with § 315-21. The Building Inspector may include such conditions and safeguards in the permit and certificate of occupancy as have been imposed by the Board of Appeals in its decision and order. If the Board of Appeals shall make a finding in its decision that any of the applicable requirements have not been met, the Building Inspector shall consequently not issue the building permit for which the application has been made.
§ 315-25 Expiration of building permits.
A building permit issued for a use subject to additional standards shall be deemed to authorize only that particular use, and such permit shall be considered null and void if within one year from the date of issue all improvements required for said use are not completed, unless otherwise provided in the Building Inspector's approval of said use.
§ 315-26 Revocation of building permits.
A building permit issued for a use subject to additional standards may be revoked by the Building Inspector if it is found and determined that there has been a failure of compliance with any one of the terms, conditions, limitations and requirements imposed by said permit.
§ 315-27 Existing violations.
No permit shall be issued for a use subject to additional standards for a property where there is an existing violation of this chapter.