Spring Valley City Zoning Code
ARTICLE VII
Special Permit Use Requirements
§ 255-23 General provisions.
A.
Pursuant to the provisions of the Municipal Home Rule Law, the Village Board reserves the approval authority for special permits for uses identified as such in Appendix A, Table of General Use Requirements.[1] Such uses represent such diverse benefits and impacts on local land uses as to preclude specific descriptions and standards for their approval. The Village Board, in considering any application for a special permit hereunder, shall exercise such discretion reserved for legislative matters so as to ensure that the public health, welfare and safety are protected and the environmental and land resources of the village are most efficiently utilized.
[Amended 4-11-1995 by L.L. No. 1-1995]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
Applications for special permits pursuant to this section shall be upon forms prescribed by the Village Board and shall contain the information required in the rules and regulations adopted pursuant to this chapter.
§ 255-24 Application procedure.
A.
Every application for a special permit shall be initially submitted to the Building Inspector, together with all required information and established fee. If, in the opinion of the Building Inspector, any application submitted is not complete, he shall return the application to the applicant with his disapproval and so notify the Village Board.
[Amended 1-28-1986 by L.L. No. 1-1986]
B.
Site development approval under Article X of this chapter is required for all special permit uses. A preliminary and/or final site development plan and special permit use application may be processed concurrently.
C.
The Building Inspector shall refer a complete application for a special permit use to the Village Planning Board within five days of receipt of such application in proper form and to the Rockland County Planning Board or other county or state agency if said board or agency has jurisdiction in the application. The official date of receipt by the Village Planning Board shall be the date of the next regular meeting of said Board following transmittal by the Building Inspector of an application for special permit use review.
[Amended 1-28-1986 by L.L. No. 1-1986]
D.
The Village Planning Board or other referral agency shall, within 30 days of receipt of such referral, transmit its report thereon, with appropriate findings, to the Village Board. The report of the Village Planning Board may also contain recommendations for conditions or other relevant findings appropriate to the application.
E.
The Village Board, upon receipt of the reports by the referral agency, shall, within 62 days of the complete application, conduct a public hearing as set forth in § 255-66 of this chapter and, within 62 days thereafter, render its decision, unless the applicant waives the time requirements of this section. Notice shall be sent by the applicant 10 days prior to the date of such public hearing to all property owners within 500 feet of the perimeter of the property.
[Amended 1-28-1986 by L.L. No. 1-1986; 4-11-1995 by L.L. No. 1-1995]
F.
The decision of the Village Board shall be filed within five days in the offices of the Village Clerk and the Building Inspector and a copy thereof made to the applicant. Thereafter, the applicant may proceed with formal site development plan approval before the Planning Board, unless that procedure has already been initiated.
[Amended 4-11-1995 by L.L. No. 1-1995]
§ 255-25 Conditions of approval.
A.
The Village Board, in approving any special permit hereunder, shall require conformance to any supplementary requirements applying to such uses generally and may establish such other conditions or limitations upon the use or characteristics of the use which are reasonably related to the public health, safety and general welfare and as may be necessary to carry out the intent of this chapter.
B.
Unless specifically authorized in the decision of the Village Board, no requirements or conditions of such special permit shall be subject to appeal before the Board of Appeals.
C.
Requirements or conditions imposed by this chapter for any special permit use shall not be waived or reduced by the Village Board and shall be considered to be the minimum requirements for any authorization hereunder, except that the Village Board may authorize further application and action by the Board of Appeals. Special permits shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof, but in any case shall expire within 18 months of the date of approval unless a building permit has been issued for the special permit use. Such period may be extended on separate application to the Village Board.
D.
The grant of special permits for the uses indicated may be conditioned on periodic renewal, which renewal shall be granted following application, public notice and hearing, and may be withheld upon determination that conditions as may have been identified in the original grant requiring that the use be of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions or that the original conditions as may have prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article XIII shall be prima facie evidence of lack of conformity to such standards or conditions.
E.
No permit shall be issued for a special permit use for a property where the Building Inspector has found a violation of this chapter and where such violation has not been corrected.
F.
The Village Board may revoke a special permit if a violation of this chapter, as described in Subsection D, continues for a period of time or if the activities of the use for which a special permit has been issued are found to be injurious to the public health, safety and general welfare. In the event of revocation, the party shall have 14 days to request a hearing before the Village Board for reconsideration.
[Added 3-10-1987 by L.L. No. 3-1987]
G.
All special permits shall automatically expire if active and continuous operations for which a special permit was granted are not carried on during a continuous period of six months. Intent to resume active operations shall not affect the foregoing. The time period set forth herein shall be tolled for any cessation of use pursuant to a court order.
[Added 7-26-1994 by L.L. No. 9-1994]
§ 255-26 Appeals from Village Board determinations.
Any person aggrieved by any decision of the Village Board hereunder may, within 30 days of the filing of the decision, apply to a court of competent jurisdiction, pursuant to Article 78 of the Civil Practice Law and Rules.
§ 255-27 General standards for special permit uses.
All special permit uses shall comply with the following standards, in addition to the site plan standards of Article X of this chapter. The Village Board shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements.
A.
The location and size of the proposed use, the nature and intensity of the operations involved in it 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 area in which it is located.
B.
The location, nature and height of buildings, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
Operations in connection with any such use will not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations of permitted uses not requiring a special permit.
D.
Parking areas will be of adequate size for the particular proposed use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum convenience and safety.
E.
The proposed use will not result in diminution of the value of property in the neighborhood or a change in the character of the neighborhood in which the use would be situated.
F.
The proposed use will not require such additional public facilities or services or create such fiscal burdens upon the village greater than those which characterize uses permitted by right.
§ 255-27.1 Special permits for multiple dwellings.
[Added 3-25-2008 by L.L. No. 4-2008]
A.
In the R-3 and R-4 Zones, where multiple dwellings are permitted as of right, a special permit is required if the developer seeks to construct units with four or more bedrooms.
B.
In its determination whether to grant a developer the right to construct units with four or more bedrooms, whether in zones where multiple dwellings are permitted as of right or only by special permit, the Village Board shall consider whether the construction of such units is likely to cause excess density in the area, create a need for additional parking, whether the property can otherwise safely accommodate the number of bedrooms proposed and other relevant matters.
C.
In the RSH, PRD and GB Zones, where multiple dwellings are permitted only by special permit, developers must obtain Village Board approval for all dwelling units regardless of the number of bedrooms.
D.
Nothing set forth hereinabove relieves a developer from compliance with the Zoning Code requirements regarding maximum units per acre and floor area ratio.
§ 255-28 Individual standards and requirements for special permit uses.
The following individual standards and requirements are hereby established for special permit uses. They must, if applicable, be met before issuance of a special permit.
A.
Public utility buildings, substations, lines, poles and facilities; standpipes and water towers.
(1)
When proposed in a residential district, these uses shall be subject to a finding, in addition to the standards of § 255-27, that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.
(2)
The Village Board may require that such use be enclosed by protective fencing with a gate which shall be closed and locked except when necessary to obtain access thereto.
(3)
The installation shall be so designed, enclosed, painted and screened with evergreens that it will be harmonious with the area in which it is located. The entire property shall be suitably landscaped and maintained in reasonable conformity with the standard of property maintenance of the surrounding neighborhood.
(4)
Adequate parking areas shall exist or be provided for maintenance, service or other vehicles. Parking areas may be on-street or off-street, as determined by the Village Board.
B.
Dormitories. Dormitories are permitted only as accessory uses to schools of general instruction, subject to the following supplementary requirements:
(1)
There shall be a minimum lot area of 1,800 square feet provided per dormitory bed, exclusive of the lot area allocated and devoted to the principal and other accessory buildings on any site, including the required yards and/or setbacks, buffers and parking facilities for said buildings.
(2)
The Planning Board, in its approval of the site development plan, may permit up to 1/3 of the parking requirement to be provided in overflow parking areas to be graded and seeded and conveniently situated on the approved site development plan so that they would be accessible if needed.
(3)
The minimum distance between a dormitory and any other building on the lot shall be 50 feet.
(4)
The minimum distance between any dormitory and any interior driveway shall be 25 feet.
(5)
The maximum height of any dormitory shall be two stories or 25 feet, whichever is less.
(6)
No dormitory room or dwelling unit shall be permitted in any cellar.
(7)
All dormitories shall be equipped with sprinkler and smoke detector systems and fire alarm systems connected to the Rockland County Municipal Fire Board located in Pomona, New York.
[Amended 1-28-1986 by L.L. No. 1-1986]
C.
Hotels and motels.
[Amended 1-28-1986 by L.L. No. 1-1986; 3-11-2008 by L.L. No. 3-2008]
(1)
Hotels and motel units may contain kitchen facilities, the number of which shall be fixed by the Village Board when considering granting a special permit. These units shall not be used as residences for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. For this purpose, toilet areas and/or bathrooms shall not be counted toward the number of rooms. There shall be no more than 54 hotel/motel units per acre, subject to reductions, if any, required by § 255-18A.
(2)
Unit requirements; height; parking.
(a)
Each hotel or motel unit, exclusive of toilet areas and/or bathrooms, shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with a shower or bath, one toilet facility and a sink.
(b)
No motel or hotel building shall exceed a height of six stories or 65 feet, exclusive of basement storage, service and utilities.
(c)
There shall be no parking requirement for basement storage, service and utilities.
(d)
Basement storage, service and utilities areas shall not count toward floor area ratio.
(3)
The accessory uses for hotels and motels are now delineated in Appendix A, § A-11C starting with Subsection C(8) and in Appendix A, § A-12, starting with Subsection C(4).
(4)
All hotels and motels shall be equipped with sprinkler, smoke detector and carbon monoxide detector systems as required by New York State Building Code and fire alarm systems connected to Rockland County Municipal Fire Board located in Pomona, New York.
D.
Gasoline service stations and/or motor vehicle repair shops.[1]
[Amended 1-28-1986 by L.L. No. 1-1986; 4-11-1995 by L.L. No. 1-1995]
(1)
No stations and/or motor vehicle repair shops shall be located closer than 200 feet from an existing school of general instruction, public recreation area, church or hospital, measured to the lot lines thereof.
(2)
Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for vehicles backing into the public street.
(3)
Pumps, pump islands and canopies are structures and shall not be located in any required yards or setbacks, except that the Planning Board may allow canopies to extend into the front yard. No outdoor display of products not associated with automotive use shall be permitted.
(4)
A ten-foot wide landscaped area shall be provided along all gasoline service station and/or motor vehicle repair shop property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen.
(5)
All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, no planting shall cause a hazardous condition by interfering with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
(6)
Due to the extent of land use impacts from such stations and/or motor vehicle repair shops which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:
(a)
All vehicles at gasoline services stations and/or motor vehicle repair shops, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck or trailer rentals shall be permitted.
(b)
There shall not be any outside storage or display of accessories or portable signs when gasoline service stations and/or motor vehicle repair shops are not open for business.
(c)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station and/or motor vehicle repair shop building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.
(d)
No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.
(e)
During the hours that a gasoline service station and/or motor vehicle repair shop is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.
(f)
All landscaped areas designated on the gasoline service station and/or motor vehicle repair shop site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.
(7)
Vehicle sales prohibited. The offering for sale and sale of new or used motor vehicles is prohibited. This prohibition includes the display of registered or unregistered vehicles with any "for sale" sign thereon.
(8)
In the event that a gasoline service station and/or motor vehicle repair shop is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor fuel supplier of said gasoline service station and/or motor vehicle repair shop shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only, and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
(9)
All such facilities shall be equipped with sprinkler and smoke detector systems and fire alarm systems connected to the Rockland County Municipal Fire Board located in Pomona, New York.
E.
Automotive washing facilities.
(1)
Such establishments shall not be located closer than 400 feet from any residential district boundary line, existing school, hospital, nursing home or other similar institutional use.
[Amended 1-28-1986 by L.L. No. 1-1986]
(2)
Each establishment shall provide parking/waiting areas equal in number to six times the maximum capacity. Four times the maximum capacity shall be provided for automobiles beyond the exit of the equipment so situated as to be usable for the hand-finishing of the washing process and which shall be no closer than 50 feet to any street right-of-way line. A maximum capacity shall be determined by dividing the equipment line by 20 feet.
(3)
Disposal of water supply shall be subject to approval by the Village Board.
F.
Automobile sales and service agencies. Automobile sales and service agencies for the sale and servicing of new and used motor vehicles, accessories and customary accessory uses may be permitted, provided that such agencies are franchised dealers or factory-owned dealerships of new motor vehicles and that all operations are conducted from the same site and subject to the following requirements:
(1)
No such facility shall be closer than 500 feet (measured along the designated street line) to any residential district boundary, institutional or nonprofit use or school of general instruction. Such use may be permitted within 100 feet of a residential district along a rear lot line.
(2)
The display area for vehicles shall not exceed 110 feet extending between the front yard line and principal building, and not more than 10 vehicle display spaces shall constitute a display group, with each group being separated by significant landscape elements.
(3)
The lighting level shall not exceed three footcandles within a display area, and no banners, pennants and string flags are permitted. No signs, including numbers, prices or other advertising message, shall be displayed so as to be visible to the public right-of-way, except display window area.
(4)
All motor vehicle storage other than the display area and customer parking shall be fully fenced and screened from the side and rear property lines. All other accessory uses, including servicing, shall be conducted within fully enclosed structures. Gasoline service, if provided, shall be located to the rear of the principal building. Oil and gasoline storage shall be solely in underground tanks.
(5)
All such facilities shall be equipped with sprinkler and smoke detector systems and fire alarm systems connected to the Rockland County Municipal Fire Board located in Pomona, New York.
[Added 1-28-1986 by L.L. No. 1-1986]
G.
Contractor's storage yards.
(1)
The Village Board may require that all building materials, equipment and supplies be located within enclosed buildings or open sheds.
(2)
Outdoor storage areas, if any, shall be limited to those specific locations and designated limits approved by the Village Board. Such outdoor storage areas shall be heavily screened and landscaped from all street lines and lot lines, as may be required by the Village Board.
(3)
The Village Board may require conformance to any requirements recommended by the Fire Department having jurisdiction. In no case shall the storage of any combustible materials be permitted within 150 feet of any lot line.
(4)
The Village Board may require conformance to any other necessary requirements in order to prevent a nuisance to neighboring properties by reason of dust, noise, odor or any other nuisance which the Village Board feels will be associated with the intended use.
H.
Electronic games (video amusement devices). Electronic games (video amusement devices) may be permitted, provided that a license is secured from the Village Clerk and the following conditions are met:
(1)
The game(s) or device shall be located at least 200 feet from any existing school building, school playground and/or a house of worship.
[Amended 1-28-1986 by L.L. No. 1-1986; 3-10-1987 by L.L. No. 2-1987]
(2)
Not more than one device shall be permitted for each 225 square feet of premises.
(3)
If combined with other uses, it shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses. The room shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of the room.
(4)
Adequate space shall be provided for each machine so as to allow its use without overcrowding. A minimum width of three feet shall be provided per machine where the machine is designed for use by one player and four feet where the machine is designed for use by two players. The depth of the space in front of the machine shall be at least five feet, and there shall be a minimum aisle width beyond this five feet of an additional three feet.
[Amended 1-28-1986 by L.L. No. 1-1986]
(5)
No machine may block any entrance or exit from the premises.
(6)
Off-street parking in addition to that otherwise required for the uses on the premises shall be provided in the amount of one space per two amusement devices.
(7)
Readily visible signs shall be installed, with their location, size and text shown in the plans submitted to the Building Inspector, indicating that the use of machines by persons under 16 years of age shall not be permitted between the hours of 10:00 p.m. and 8:00 a.m. or during normal school hours, and where the premises are used primarily for the serving or consumption of liquor, that the use of amusement machines by persons under the age corresponding to New York State requirements is prohibited at all times.
[Amended 1-28-1986 by L.L. No. 1-1986]
(8)
All other law and code requirements shall be complied with.
I.
Flea markets and auction houses. Indoor flea markets and auction houses may be permitted, subject to the following requirements:
(1)
The applicant shall provide information as to the number of booths and vendors, the type of merchandise to be sold and the hours of operation.
(2)
Access points for flea market and auction house sites shall not be located closer than 150 feet from the designated street lines of any street intersection. The internal vehicular traffic circulation system shall be designed to provide for safe and convenient travel without the potential for backing traffic onto the public travel way or creating hazardous conditions for vehicles and pedestrians within or proximate to the site.
(3)
No outdoor display of merchandise shall be permitted accessory to any flea market or auction house except as permitted by the Village Board.
[Amended 1-28-1986 by L.L. No. 1-1986]
(4)
Adequate facilities for refuse disposal shall be provided so as not to cause objectionable odors or appearance or create a health hazard, particularly where the merchandise sold includes food products. Refuse disposal areas shall be enclosed on all sides.
(6)
All such facilities shall be equipped with sprinkler and smoke detector systems and fire alarm systems connected to the Rockland County Municipal Fire Board located in Pomona, New York.
[Added 1-28-1986 by L.L. No. 1-1986[3]]
[3]
Editor's Note: Former Section 605.10, Cabarets and bars, added 6-13-1989 by L.L. No. 6-1989, as amended 11-26-1991 by L.L. No. 10-1991, which immediately followed this subsection, was repealed 4-28-1992 by L.L. No. 1-1992.
J.
Floodplain Overlay District development. The Floodplain Overlay District defines the special flood hazard areas of the village as mapped by the Federal Insurance Administration of the United States Department of Housing and Urban Development. All uses which are normally allowed either by right or special permit in zoning districts covered by the Floodplain Overlay District are subject to additional special permit approval by the Village Board, subject to the requirements listed below.
(1)
The Building Inspector shall make interpretations as to the location of the boundaries of the areas of special flood hazard, pursuant to the Flood Insurance Study for the Village of Spring Valley of Rockland County, New York, dated August 16, 1988, with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps. Any person contesting the interpretation may appeal the Building Inspector's decision in accordance with § 255-56E.
[Amended 4-11-1995 by L.L. No. 1-1995]
(2)
New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated or above base flood elevation.
(3)
New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight, with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. The retention of a registered professional engineer or architect shall be paid for by the applicant.
[Amended 1-28-1986 by L.L. No. 1-1986]
(4)
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(5)
All new construction and substantial improvements shall be constructed with material and utility equipment resistant to flood damage and by methods and practices that minimize flood damage.
(6)
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(7)
All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(8)
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
K.
Mixed-use development. In order to encourage greater flexibility in future land use, the Village Board may permit mixed-use developments to occur in the PO, GB, HB and PLI Districts, subject to the following requirements:
(1)
In addition to the uses permitted, either by right or by special permit, in the districts cited, additional uses may be allowed as noted in the table below, provided that such uses conform to the bulk requirements applicable to such uses and to the minimum lot area set forth below:
[Amended 7-18-1989 by L.L. No. 8-1989; 4-25-1994 by L.L. No. 7-1994]
District | Additional Uses as Permitted in the Districts Noted | Minimum Lot Area Required (square feet) | |
|---|---|---|---|
PO | NB, GB | 20,000 | |
GB | HB, R-3 | 20,000 | |
HB | PLI | 20,000 | |
PLI | GB, HB | 20,000 |
(2)
Approval for a mixed-use development shall not be granted unless it is demonstrated to the satisfaction of the Village Board that, by reason of the location and design of the site or other factors, the traffic expected to be generated by the proposed mixed use will not cause total traffic to exceed the capacity of the street system serving the site.
(3)
Approval for a mixed-use development shall not be granted unless it is demonstrated to the satisfaction of the Village Board that the utility services available to the site or to be provided by the applicant are adequate to serve the proposed development.
(4)
Notwithstanding the minimum design standards set forth in Subsection K(1) above, the Village Board, upon recommendation from the Village Planning Board as part of its review of the special permit application and site development plan for a mixed-use development, may increase the height and floor area ratio (FAR) design standards by up to 25%, provided that some or all of the amenities listed below are provided in the mixed-use development:
(a)
Additional off-street parking.
(b)
Additional setback at grade or above.
(c)
Additional open space.
(d)
Unique landscaping.
(e)
Plazas and other design amenities.
(f)
Public transit proximity.
(g)
Enclosed parking.
(h)
Provision for special uses.
(i)
Redevelopment of lands with substandard or obsolete uses.
(j)
Adaptive reuse of historic buildings.
(k)
Architectural design of distinctive quality.
(l)
Cash contribution toward Central Business Area Improvement Fund.
L.
Temporary housekeeping unit.
[Added 6-30-1992 by L.L. No. 2-1992]
(1)
A temporary housekeeping unit, as defined in Article II, Definitions and Word Usage, shall only be located in a single-family home, occupied by the prime occupant, who is an immediate family member of the qualifying individual(s). The granting of a special permit shall not serve to change such premises into a two-family house.
(2)
An application shall be presented to the Board of Trustees by the owner on behalf of the qualifying individual(s).
(3)
The qualifying individual(s) or their representative must supply competent medical evidence, exhibits, documents and/or testimony to establish the qualification requiring the care and companionship of the immediate family member.
(4)
All construction shall comply with all applicable codes, rules and regulations, including setbacks, floor area ratio and the like.
(5)
Upon the discontinuance of residency by the qualified individual(s), the kitchen facilities, including all plumbing fixtures and piping fixtures, shall be removed within 30 days.
(6)
The home shall have no more than one gas meter, one water meter and one electric meter.
(7)
The use of a temporary housekeeping unit shall be permitted for a period of up to five years from the date the applicant receives final approval of this Board.
(8)
A recertification form shall be filed annually by the applicant and the prime occupant, who is the immediate family member, certifying that the conditions under which this special permit has been issued has not changed. Failure to file said recertification shall be grounds for the revocation of this special permit.
(9)
At least 30 days prior to the expiration of the period for which the special permit has been granted, the applicant shall resubmit a new application for further consideration by the Board of Trustees without filing fees or Planning Board recommendation.
(10)
The applicant agrees, as a condition to granting the special permit under this section, that the Building Inspector of the Village of Spring Valley shall be permitted, at any reasonable time, upon notice of not less than five days, to inspect the premises with respect to the use being made thereof.
M.
Adult entertainment use businesses.
[Added 8-13-1996 by L.L. No. 3-1996]
(1)
No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment use business within the Village of Spring Valley unless they have applied for and obtained a special permit from the Board of Trustees. To receive such a special permit, the applicant must satisfy the following criteria:
(a)
An adult entertainment use business shall be located in an HB Highway Business District and shall not be located in any other business or any industrial district, notwithstanding the provisions of § 255-28K, Mixed-use development.
(b)
No more than one adult entertainment use business shall be located on any lot.
(c)
No adult entertainment use business shall be established or permitted in any building of which any part is used for residential purpose.
(d)
No adult entertainment use business shall be established closer than 1,000 feet from any lot line of any other adult entertainment use business.
[Amended 11-25-1997 by L.L. No. 2-1997]
(e)
No adult entertainment use business shall be established closer than 500 feet from the lot line of any residential district, which shall include any zoning district that permits residential use; nor shall any adult entertainment use business be established closer than 500 feet from any lot line of any residence in use at the time of the application of the adult entertainment use business.
[Amended 11-25-1997 by L.L. No. 2-1997]
(f)
No adult entertainment use business shall be established closer than 500 feet from the lot line of any church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facilities or public park.
[Amended 11-25-1997 by L.L. No. 2-1997]
(g)
Partial use. If greater than 10% of the surface area of any lot complies with the requirements of Subsections M(1)(d), (e) and (f) above, the whole lot may be used for the purposes of an adult entertainment use business, provided that the premises housing any adult entertainment use business is at least 500 feet from any lot line of any residence in use at the time of the application for an adult entertainment use business. Said establishment must, however, comply with all the other provisions of this § 255-28M.
[Amended 11-25-1997 by L.L. No. 2-1997]
(h)
The applicant must meet all other zoning regulations of the Village of Spring Valley, including, but not limited to, the bulk requirements of § B-11C of the HB District[4] and signage requirements applicable to the HB District. An adult entertainment use business shall be required to comply with the parking requirements applicable to restaurants and cafeterias.
[Amended 11-25-1997 by L.L. No. 2-1997]
[4]
Editor's Note: See Zoning Appendix B located at the end of this chapter.
(2)
Existing uses.
(b)
Any other business or person currently operating an adult entertainment use business within the Village of Spring Valley that is legally existing at the time of adoption of this subsection and that fails to conform with the provisions of this subsection and the requirements of § 255-28M of this Code shall cease such use in accordance with the following amortization schedule:
Amount of Capital Investment as of the Effective Date of This Subsection | Date Before Which Use Shall Terminate | |
|---|---|---|
$0 to $50,000 | June 1, 1997 | |
$50,000 to $75,000 | June 1, 1998 | |
$75,000 to $100,000 | June 1, 1999 | |
$100,000 to $150,000 | June 1, 2000 | |
$150,000 or more | June 1, 2001 |