Lima Village City Zoning Code
ARTICLE XII
Variances and Special Use Permits
§ 185-55 Special use permit procedures and criteria.
A.
Procedures.
(1)
As provided by § 7-725-b of the Village Law, the Board of Appeals shall be authorized to issue special use permits for those uses listed as permitted with a special use permit in the regulations for S, R, DB, GB and M Zoning Districts.
(2)
To assist the Board of Appeals in its determination, an application for a permit under this section shall be accompanied by plans and other descriptive matter sufficient to clearly portray the intentions of the applicant, and such plans and other descriptive matter shall become a part of the record.
(3)
The Board of Appeals shall refer any request for a special use permit to the Planning Board for a report. Only after receipt of such requested report from the Planning Board or not less than 30 days after such referral, in the event of the Planning Board's failure to act, and after public notice and hearing under conditions set forth below, the Board of Appeals may authorize the issuance of a special use permit. The entire report of the Planning Board shall be read at the meeting at which the request for the special permit is considered by the Board of Appeals and included in the minutes. In any case where the Board of Appeals acts contrary to the recommendations of the Planning Board, the minutes shall include a resolution adopted by the Board of Appeals fully setting forth its reasons for such contrary action.
(4)
The Board of Appeals shall conduct a public hearing within 62 days from the day an application is received. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The Board of Appeals shall decide upon the application within 62 days after the hearing. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Board of Appeals on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
(5)
At least 10 days before such hearing, the Board of Appeals shall mail notices thereof to the applicant and to the county Planning Board, as required by § 239m of the NYS General Municipal Law, which notice shall be accompanied by a full statement of such proposed action, as defined in Subdivision 1 of § 239m of the NYS General Municipal Law.
(6)
The Board of Appeals shall comply with the provisions of the NY State Environmental Quality Review Act (SEQRA).
B.
Conditions.
(1)
General conditions. Special use permits may be authorized by the Board of Appeals only upon satisfaction in each instance of such conditions as to the general character, height and use of structure or structures; as to the provision of surrounding open space and the treatment of grounds; as to the general fitness of the structure or use to its capacity and use as, in the opinion of the Board, may be necessary to safeguard public health, comfort, convenience and as may be required for the preservation of the general character of the neighborhood in which such building and/or structure is to be placed or such use is to be conducted.
(2)
Use-specific conditions. In addition to the general conditions listed above, the Board of Appeals shall apply the criteria for the approval of specific special permit uses as specified in this Code.
§ 185-56 Setback exceptions for large-scale housing developments.
A.
Upon presentation to the Planning Board of a site plan showing the location of buildings, streets, setbacks and other open spaces for the unified residential development of an area bounded on all sides by streets or park or other permanent open space, the Planning Board may waive the heretofore established side and rear setback requirements; and the heretofore established front setback requirements; and the heretofore established height requirements except for streets and roads shown on the Zoning Map as main thoroughfares.
B.
After approval of the Planning Board, the Board of Appeals may authorize the Code Enforcement Officer to issue permits in accordance therewith, provided that the net land area per dwelling unit contained in the development is not less than that prescribed for the district in which the development is located.
§ 185-57 Mobile homes.
The following shall apply, in addition to all other regulations of the Village with respect to mobile homes:
A.
No mobile home shall be parked and occupied in any district outside an approved mobile home park.
B.
Any mobile home which is so situated as not to conform to the terms of this chapter shall not be replaced on its site by any other mobile home.
§ 185-58 Motor vehicle repair, parking and storage garages; motor vehicle service stations.
A.
No motor vehicle repair garage, parking and storage garage or motor vehicle service station or private garage for more than five cars shall have a vehicular entrance closer than 200 feet to an entrance to a church, school, theater, hospital, public park, playground or fire station. Such measurement shall be taken as the shortest distance between such entrances across the street, if the entrances are on opposite sides of the street; and along the street frontage, if both entrances are on the same side of the street or within the same square block.
B.
All motor vehicle service stations shall be so arranged as to require all servicing on the premises and outside the public way; and no gasoline pump shall be placed closer to any side property line than 50 feet or closer to any street line than 10 feet.
C.
No inoperative motor vehicles shall be kept on the premises of a motor vehicle service station for longer than 30 days.
D.
All waste material shall be stored within a structure or enclosed within fencing so as not to be visible from off the property.
E.
On any street which provides access to gasoline pumps, all repair facilities shall be at least 15 feet farther from the street line than the side of the gasoline pumps farthest from the street line.