Plandome Manor City Zoning Code
§ 225-11
Special exception use permits.
A.
Special exception use permits required. Special exception uses, for which conformance to additional requirements is mandated by this chapter, shall be permitted in their respective districts, subject to the satisfaction of the conditions and standards set forth in this section, in addition to all other requirements of this chapter. All such special exception uses are declared to possess characteristics of such unique and special form that each specific special exception use shall be considered as an individual case.
B.
Approval agency for special exception use permits. The approving agency for all special exception use permits shall be the Board of Trustees of the Incorporated Village of Plandome Manor.
C.
Review procedure. Applications for a special exception use permit shall be made to the Building Inspector for zoning compliance review. Eight such copies shall be submitted. Such a submission shall include a site plan as well as a written statement describing the nature of the proposed special exception use and how it will serve to implement the purposes of this chapter. Following compliance review, the application shall be forwarded to the Board of Trustees. An application shall be considered officially submitted and received on the date of the next meeting of the Board of Trustees following such forwarding. The required period of time for review and decision, as provided herein, shall commence on the date that the application is deemed officially submitted.
D.
Public hearing and notice on special exception use permit application. The Board of Trustees shall provide notice of the public hearing in accordance with § 7-725-b of the Village Law and § 239-nn of the General Municipal Law. At least 10 days prior to the public hearing, the Board of Trustees shall give public notice thereof by publication in a paper of general circulation in the Village and a posting of the notice at the Village Hall. The applicant shall serve written notice by registered or certified mail on all known property owners within a radius of 1,000 feet of the lot lines of the parcel of land for which the special exception use permit application has been filed at least 10 days prior to such hearing.[1]
E.
Decision on a special exception use permit application. Within 62 days after the close of the public hearing, unless such time is extended by mutual agreement with the applicant, the Board of Trustees shall approve, approve with modifications, or disapprove the application. The Board of Trustees shall approve the application where it finds that the standards of Subsection I and the standards of Subsection O, as applicable, have been met. The Board of Trustees may approve such application conditionally where it finds that such conditions or modifications are necessary to ensure initial and continued conformance with the standards in Subsection I and the standards of Subsection O, as applicable. Any changes in the use or uses of land, buildings or structures which were approved by special exception use permit under this chapter shall require another special exception use permit.[2]
F.
Conditions attached to the issuance of a special exception use permit. The Board of Trustees shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the special exception use permit. The Board of Trustees may require a performance bond or other such security prior to the issuance of a building permit to cover the cost of all improvements for which the special exception use permit has been granted.
G.
Departure or variation from the requirements for special exception use permits. Authorization to depart or vary from any requirements for the grant of a special exception use permit, as specified in this section, shall be deemed to be an area or use variance, as applicable, and shall only be granted by the Board of Zoning Appeals. In cases where an application requires one or more variances, the applicant shall be so advised by the Building Inspector, who shall advise the applicant of the procedures and requirements to be followed in seeking any necessary variance or variances from the Board of Zoning Appeals. No special exception use permit shall be granted unless and until all required variances have been approved by the Board of Zoning Appeals.
H.
Submission requirements for a special exception use permit. The applicant shall provide a completed application form as well as a narrative section describing the proposed special exception use's compliance with both the general standards in Subsection I as well as the individual standards and requirements for certain special uses as provided in Subsection O, as applicable, as well as a check or money order of the required fee made payable to the Village of Plandome Manor.
I.
General standards for special exception use permit applications.
(1)
The Board of Trustees' review of all applications for special exception use permits shall include, as appropriate, but not limited to, the following general standards in addition to the individual standards and requirements of certain special exception uses as provided in Subsection O:
(a)
That such a use shall be in harmony with the general purposes and intent of this chapter.
(b)
That such a use shall not affect adversely the character of the district, nor the conservation of property values, nor the health and safety of residents or workers on adjacent properties and in the general neighborhood.
(c)
That such a use shall be of such appropriate size and so located and laid out in relation to its access streets that vehicular and pedestrian traffic to and from such a use will not create undue congestion or hazards prejudicial to the character of the general neighborhood.
(d)
That such a use shall not conflict with the direction of building development in accordance with such plans as may have been adopted by the Board of Trustees.
(2)
The Board of Trustees may attach such additional conditions and safeguards to any special exception use permit as are, in its opinion, necessary to ensure initial and continued conformance with all applicable standards and requirements of this chapter.
J.
Reimbursable costs. Costs incurred by the Board of Trustees for consultation fees or other expenses in connection with the review of a special exception use permit application may be charged to the applicant. The Board of Trustees may condition the grant of special exception use permit approval or building permits on the payment of such fees in full.
K.
Integration of procedures. Whenever the development for which a special exception use permit is being sought is also subject to other approval procedures, such as variances, or other requirements of this chapter, such as environmental review, or other laws of the Village, the approving agencies shall attempt to integrate, as appropriate, special exception use permit review as required in this chapter with the procedural and submission requirements for such other compliance.
L.
Expiration of permits for special exception uses. A permit for a special exception use approved by the Board of Trustees shall be deemed to have expired unless:
(1)
The lot or land where no building or structure is involved shall have been put into use within 12 months after the date of issuance of such permit for the purpose for which such permit was approved.
(2)
The building or structure for which such permit was approved shall have actually begun construction within 12 months after the date of issuance of such permit.
(3)
The entire building or structure for which such permit was approved shall have been completed according to filed plans within two years after the date on which such permit was granted.
N.
Compliance with State Environmental Quality Review Act. In its review of special exception use permit applications, the Board of Trustees shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.
O.
Specific standards for certain special exception uses.
(1)
Museums, houses of worship and schools.
(a)
The minimum lot area shall be three acres.
(b)
The minimum lot width shall be 300 feet.
(c)
The minimum lot depth shall be 250 feet.
(d)
The minimum setbacks from the property line to a building shall be as follows: in the front and rear yards, 50 feet or three times the height of principal building, whichever is greater; each side yard, 40 feet or two times the height of the principal building, whichever is greater.
(e)
No principal building shall exceed a height of 40 feet, except that steeples, bell towers and spires may be 65 feet in height, provided the minimum setback from such structures to any property lines shall be increased by two feet for every one foot in height above 40 feet.
(f)
The maximum building coverage for all buildings shall be 20%.
(g)
The minimum open space ratio shall be 50%.
(h)
The maximum floor area ratio shall be 0.25.
(i)
No accessory buildings or structures shall be permitted in the front yard. No detached accessory building or structure shall exceed 2,500 square feet in size, nor exceed a height of one story or 20 feet, whichever is greater. Accessory buildings or structures shall be set back from the rear or side property line by a minimum of 25 feet. Where an accessory use is housed in a building or structure that is attached to the principal building or use, it shall be subject to the maximum height requirements and minimum setbacks required for principal buildings. No principal or accessory building may be closer than 150 feet to an existing residence on an adjacent property.
(j)
No parking or loading shall be permitted in the front yard, although a dropoff or porte cochere shall be permitted in the front yard. All parking and loading areas and vehicular driveways shall be set back from side and rear property lines by a minimum of 25 feet. For museums and houses of worship, at least one space per four seats or one space per 350 square feet of gross floor area shall be provided, whichever is greater. For schools, one space per 20 students plus one space per two teachers or other staff shall be provided. All such parking shall be provided on site. No parking spaces on site shall be rented, leased or otherwise utilized for any uses other than those conducted on the premises. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height to eight feet from all adjacent residential properties and the public street. One loading space 10 feet wide by 40 feet in length and with a minimum height clearance of 14 feet shall be provided. All parking and loading areas shall be paved with a hard, durable, dustless surface and shall be curbed. Parking spaces shall be a minimum of nine feet wide by 18 feet in depth, with driveways and parking aisles at least 24 feet in width. Parking shall be confined to designated parking spaces only. No structured or underground parking shall be permitted. All parking areas shall be landscaped with a minimum of one tree per 15 parking spaces.
(k)
For a width of at least 10 feet along all property lines adjacent to which is a residential use or zone, a buffer consisting of double staggered row of evergreen trees planted 10 feet on center, with a minimum caliper of 2 1/2 inches upon planting, and which shall reach a height of six feet within two growing seasons (May through October), shall be provided. At the discretion of the reviewing agency, a combination of berms, solid screen fencing and plantings may be substituted for such buffer upon a showing that the equivalent or better screening shall be provided.
(l)
All outdoor lighting shall be shielded in a manner to direct lighting away from adjacent properties and the public street.
(m)
For houses of worship, the principal use shall be the holding of regularly scheduled religious services. Accessory facilities and functions such as religious schools, social halls, administrative offices and indoor recreation facilities may be provided, but such facilities and functions shall be subordinate in aggregate to the size and function of the house of worship. No building permit or certificate of occupancy shall be granted to such accessory use, building or structure until the building permit and certificate of occupancy for the principal use or building, respectively, have been granted.
(n)
All social and recreation functions shall be enclosed within a soundproofed building, except that an outdoor children's playground may be provided. Such play area shall be provided in the rear yard and shall be no closer to the side or rear property line than 25 feet. No music or loudspeakers shall be permitted outdoors. No social function may be held after 10:30 p.m. on weekdays or after 11:30 p.m. on weekends or holidays. No space within the museum or house of worship shall be rented out to or utilized by the general public or members of the museum or house of worship for social gatherings, meetings or functions which are not directly associated with the museum or house of worship.
(o)
No social services shall be administered directly to the public from the museum or house of worship or accessory facilities, nor shall overnight stays be permitted on the premises.
(p)
One freestanding monument sign, no greater than 24 square feet in size and no higher than six feet, shall be permitted. Such sign shall be set back at least 15 feet from all property lines. Such sign shall match the architectural style of the principal building and shall not be internally lit. In addition, one facade or wall sign, no more than 20 square feet in size, shall be permitted on the front of the principal building.