Nissequogue City Zoning Code
ARTICLE V
Special Permits 1
§ 128-34 Special uses to be permitted.
The-special 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. 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.
§ 128-35 Applications.
Application for required special permits shall be made to the Village Board. Each such application shall be referred to the Planning Board for a report, after which the Village Board may authorize the issuance of a permit, provided that it shall find 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 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 the landscaping 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 will not be more objectionable to nearby properties than would be the operations 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 will be laid out so as to achieve maximum safety.
E.
Identification signs, not illuminated and with a maximum area of three square feet, including one visible to public view from the street giving access, will be permitted, subject to a determination that the design and location of said sign or signs will, to the maximum extent possible, not be objectionable to nearby residential properties.
§ 128-36 Fees.
[Amended 4-14-1992 by L.L. No. 2-1992; 9-17-2002 by L.L. No. 3-2002]
Each applicant for a special permit or for the renewal of a special permit shall pay a fee for each renewal period as established by resolution of the Board of Trustees. A current schedule of such fees shall be maintained by the Village Clerk.
§ 128-37 Plan of development.
A plan for the proposed development of a lot for a permitted special use shall be submitted with an application for a special permit. The plan shall show the location of all existing and proposed buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features and any other pertinent information about neighboring properties that may be necessary to determine and provide for the enforcement of this chapter.
§ 128-38 Conditions on permits.
The Village Board shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
§ 128-39 Effect and expiration of permits.
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 any of the conditions of the permit are violated.
§ 128-40 Property with existing violations.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
§ 128-40.1 Waiver of requirements.
[Added 9-15-2009 by L.L. No. 3-2009]
Notwithstanding any section of this chapter to the contrary, the Village Board may waive any requirements for the approval of special use permits set forth in this chapter whenever it is determined that the requirements are not in the interest of the public health, safety or general welfare of the Village or are not appropriate to the special use permit. Such waiver is subject to the board's determination that the conditions of § 128-35A, B and C are met.