Valley Stream City Zoning Code
ARTICLE XX
Special Use Permits
§ 99-2001 Approval by Board of Appeals; required conditions.
The uses listed herein as special uses are permitted only upon approval by the Board of Appeals in accordance with the procedures and standards herein. After approval, such uses shall be deemed permitted uses in the districts wherein located, subject to any conditions attached thereto. Failure to conform to any of the required general and specific conditions contained in this article shall render the special use permit void.
§ 99-2002 Applications.
Applications for special use approval pursuant to this chapter shall be on forms prescribed by the Superintendent and/or the Board of Appeals. Such application shall accompany the application for site plan approval where applicable.
§ 99-2003 Timetable and public hearing.
Within 60 days of receipt of a complete application in proper form, together with the final site plan, the Board of Appeals shall provide for public notice and schedule a hearing on any application for a special use permit. The Board shall decide the matter within 62 days after the close of the hearing subject to the provisions of the State Environmental Quality Review Act[1] or other required permits. The public hearing on the special use permit application and the site plan review shall be combined, and the Board of Appeals shall decide both. The time periods herein may be extended by consent of the Board of Appeals and applicant. An adjournment of the hearing for any reason shall not constitute a close of the public hearing.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
§ 99-2004 Application procedures.
An applicant for a special use permit shall, simultaneously with the filing of such application, file an application for site plan approval together with appropriate plans, drawings and fee for site plan review with the Superintendent.
§ 99-2005 Decisions.
The decision of the Board of Appeals shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered. Such decision shall be signed by the Chairman. Special use approval shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof, but in any case shall expire within 12 months of the date of approval unless a building permit has been issued for the special use. Such period may be extended once for a period not to exceed 12 months on a separate application to the Board of Appeals.
§ 99-2006 Appeals.
Any person aggrieved by any decision of the Board of Appeals hereunder within 30 days after the filing of a decision in the office of the Village Clerk may apply to the Supreme Court of the State of New York for judicial review of such decision pursuant to Article 78 of the Civil Practice Law and Rules.
§ 99-2007 Fees.
The fee for a special use permit application to the Board of Appeals shall be established by the Village Board by resolution at an open meeting.
§ 99-2008 Special use permit standards.
A.
General conditions. Prior to approving any special use, the Board of Appeals shall determine that the proposed use and its associated proposed development conforms with the conditions and standards set forth in this chapter. Conditions required for approval of such uses are of a general and specific nature. In various provisions of this chapter specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. Where required, special use permit applications shall be referred to the Nassau County Planning Commission. The general conditions and standards for special use approval are as follows:
(1)
The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and not be detrimental to the site or adjacent properties in accordance with the zoning classifications of such properties.
(2)
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its size layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.
(3)
The nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.
(4)
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.
(5)
As a condition of all special use permits, right of entry of authorized Village officials for inspection, with reasonable notice, shall be provided for to determine compliance with the conditions of said permit.
(6)
Special use permits shall be issued for an indefinite period or as otherwise determined by the Board of Appeals. Each applicant shall be required to apply for renewal after the expiration of the time for which the approval is authorized. Such application shall conform to the procedures required to be followed in the original application.
(7)
The use or the structures to be used therefor will not cause an overcrowding of land or undue concentration of population.
(8)
The plot area shall be sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
(9)
The proposed use will not cause a hazard to life, limb or property because fire, flood erosion or panic as may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus.
(10)
In addition to the general standards for special use set forth above, the Board of Appeals may, as a condition of approval of any such use, establish any other additional conditions and requirements, including a limitation on hours or days of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.
B.
Specific conditions. In addition to the requirements prescribed by this chapter, specific conditions have been established for each special use hereinafter enumerated. Such uses are conditionally permitted in the districts specified by this chapter subject to the approval of the Board of Appeals.
(1)
Animal hospitals or veterinary clinics.
(a)
Such use is conditionally permitted in C-2 and C-3 Districts only.
(b)
No outside cages, dog runs or similar areas shall be permitted.
(c)
The applicant shall demonstrate to the Board of Appeals that no significant noise or odor from the animal hospital or clinic shall be detectable from points outside the premises.
(d)
No kennel shall be allowed as part of an animal hospital or veterinary clinic unless extended boarding of an animal is necessary for medical reasons.
(e)
No burial facilities or crematories shall be permitted.
(f)
The applicant shall specify to the Board of Appeals the methods to be utilized for the disposal of carcasses, carcass parts or infectious materials.
(g)
Such use shall comply with the applicable off-street parking regulations prescribed by this chapter.
(2)
Auto body repair, collision and painting facility.
(a)
Such use is conditionally permitted in a C-3 District only.
(b)
All principal activities shall be conducted within an enclosed structure.
(c)
No outdoor repair, painting or other servicing of motor vehicles shall be permitted.
(d)
All curb cut accesses shall be defined by the use of concrete curbing and shall be designed to provide and ensure safe and convenient ingress and egress without the potential for backing vehicles into the public street or sidewalk.
(e)
No structures except fenced rubbish enclosures shall be located in any required yards or setbacks.
(f)
All vehicles shall be parked and/or stored within an enclosed building at all times except employees' vehicles or tow trucks which may be parked outside the building and on the lot during normal business hours and only in areas designated on the site plan.
(g)
There shall be no outside storage or display of accessories or other products of any kind.
(h)
No portable signs shall be permitted on the lot at any time.
(i)
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored outdoors in one or more receptacles completely enclosed by a solid fence or other solid enclosure.
(j)
Any required landscaped area shall be designated on the site plan and shall be maintained in a neat and healthy condition at all times.
(k)
A public address system, radio system or any other amplified or excessive noise detectable from the outside of the premises is prohibited.
(l)
All parking areas and spaces shall have paved surfaces.
(m)
Such use shall comply with applicable off-street parking regulations prescribed by this chapter.
(3)
Bowling alleys.
(a)
Such use is conditionally permitted in a C-1, C-2 and C-3 District only.
(b)
If liquor is served on premises pursuant to a validly issued liquor license, such use shall not be located nearer than 200 feet to any entrance of a place of worship, school of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(c)
All rubbish receptacles or dumpsters shall be located within an area enclosed by a fence or other solid enclosure and shall be located so as not to have an adverse impact upon any abutting property.
(d)
The applicant shall demonstrate to the Board of Appeals that the proposed use will not adversely affect adjoining properties due to excessive noise.
(e)
Fencing or other screening shall be provided as determined by the Board of Appeals.
(f)
Game centers and game rooms, as defined by this chapter, are conditionally permitted accessory uses within a bowling alley subject to approval by the Board of Appeals.
(g)
Such use shall be required to comply with the applicable off-street parking regulations prescribed by this chapter.
(4)
Cabaret-type entertainment.
(a)
This type of use shall be conditionally permitted in a C-1, C-2 and C-3 District only.
(b)
If liquor is served on premises pursuant to a validly issued liquor license, such use shall not be located nearer than 200 feet to any entrance of any place of worship, school of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(c)
The applicant shall demonstrate to the Board of Appeals that the proposed use will not adversely affect adjoining properties due to excessive noise.
(d)
This use shall be required to comply with the applicable off-street parking regulations prescribed by this chapter.
(e)
Any facility for cabaret-type entertainment which constitutes a place of public assembly, as defined by this chapter, shall, in addition to the special use permit for this use, be required to obtain a special use permit for a place of public assembly and shall comply with all conditions prescribed therefor.
(f)
Cabaret-type entertainment affiliated with schools, places of worship, home events, philanthropic associations or Village sponsored concerts or events shall not require special use permits.
(5)
Clubhouse or lodges.
(a)
Such use is conditionally permitted in CX, C-1, C-2 and C-3 Districts only.
(b)
Any facility within a clubhouse or lodge which provides for cabaret-type entertainment or constitutes a place of public assembly, as defined by this chapter, shall, in addition to the special use permit for a clubhouse or lodge, be required to obtain a special use permit for cabaret-type entertainment or a place of public assembly and shall comply with all conditions prescribed therefor.
(c)
Game centers and game rooms, as defined by this chapter, are conditionally permitted accessory uses within a clubhouse or lodge and are subject to approval by the Board of Appeals.
(d)
Screening shall be provided as required by the Board of Appeals.
(e)
The applicant shall demonstrate to the Board of Appeals that the proposed use will not adversely affect adjoining properties due to excessive noise.
(f)
All dumpsters shall be located so as not to have an adverse impact upon adjacent property and shall be enclosed in a solid fence or enclosure.
(g)
If liquor is served on premises pursuant to a validly issued liquor license, such use shall not be located nearer than 200 feet to any entrance of any place of worship, school of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(h)
Off-street parking and loading shall be provided in accordance with the applicable requirements of this chapter.
(6)
Commercial storage garage.
(a)
This use is conditionally permitted in a C-3 District.
(b)
All storage and parking shall be within an enclosed structure provided with adequate ventilation and exhaust systems.
(c)
There shall be no dismantling, servicing, fueling or repairing of any vehicle in such storage garage without obtaining a special use permit for such repair.
(d)
Such use shall be used solely for the parking and storage of registered commercial vehicles.
(e)
Such use shall comply with all bulk regulations for principal buildings for the district in which it is located.
(f)
All parking areas and spaces shall have paved surfaces.
(g)
There shall be no other use permitted in conjunction with this use.
(7)
Dance halls.
(a)
Such use is conditionally permitted in C-1, C-2 and C-3 Districts.
(b)
The applicant shall demonstrate to the Board of Appeals that the proposed use will not adversely affect adjoining properties due to excessive noise.
(c)
Such use shall be required to comply with any applicable off-street parking requirements prescribed by this chapter.
(d)
If liquor is served on the premises pursuant to a validly issued liquor license, such use shall not be located nearer than 200 feet to any entrance of any place of worship, school of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(e)
Any dance hall which has a facility for cabaret-type entertainment or is a place of public assembly, as defined by this chapter, shall, in addition to the special use permit for a dance hall, be required to obtain a special use permit for cabaret-type entertainment or a place of public assembly and shall comply with all conditions prescribed therefor.
(8)
Gasoline stations.
(a)
Such use shall be conditionally permitted in C-3 Districts only.
(b)
All other automotive accessories intended for retail sale in connection with the gasoline station use shall be specifically set forth and listed in the application for the special use permit.
(c)
Water and air shall be provided free of charge.
(d)
No other facilities or activities shall be permitted which provide for lubricating, washing, changing tires or oil or otherwise servicing or repairing motor vehicles except to add necessary oils or other automotive fluids.
(e)
Storage of motor vehicles on the premises is prohibited.
(f)
Compliance with applicable off-street parking regulations prescribed by this chapter shall be required.
(g)
All curb cut accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
(h)
Pumps, pump islands and other structures shall not be located in any required yards or setbacks.
(i)
No outdoor display of products not associated with the use shall be permitted.
(j)
There shall not be any outside storage or display of accessories when such use is not open for business.
(k)
No portable signs are allowed at any time or at any location on the premises.
(l)
A landscaped screening area shall be provided where required by the Board of Appeals.
(m)
All landscaped areas designated on the site plan and/or landscaping plan shall be maintained in a neat and healthy condition at all times.
(n)
Adequate queuing areas as determined by the Board of Appeals shall be provided in order to prevent vehicles from backing onto public streets.
(o)
In the event that a gasoline station is abandoned, as determined by the Superintendent, the owner, lessee and/or motor-fuel supplier of said gasoline station shall immediately secure the property as directed by the Superintendent. 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.
(p)
A public-address system or any other amplified noises are prohibited.
(q)
All parking areas and spaces shall have paved surfaces.
(r)
Any self-service facility proposed for a gasoline station within a C-2 or C-3 District may be permitted by the Board of Appeals only on premises not less than 10,000 square feet in total land area and at least 200 feet (measured from the outer perimeter of the premises) from any residence district boundary, provided that the Board of Appeals finds that adequate queuing is provided for and no other traffic hazards will be created by such self-service facility, and further provided that a full-service facility or pump is also maintained during all hours of operations.
(9)
Health, tennis and swimming clubs.
(a)
Such use shall be conditionally permitted in C-1, C-2 and C-3 Districts only.
(b)
All outdoor tennis courts, running tracks, swimming pools or other outdoor recreation facilities shall be adequately fenced, screened and landscaped as required by the Board of Appeals.
(c)
Outdoor swimming pools shall be required to comply with regulations pertaining to maintenance, operation, drainage and fencing set forth in Article XIX of this chapter.
(d)
Lighting shall be designed so as to avoid excessive glare on adjoining properties and streets.
(e)
The applicant shall demonstrate to Board of Appeals that the proposed use will not adversely affect adjoining properties due to excessive noise.
(f)
Such uses shall comply with applicable off-street parking regulations prescribed by this chapter.
(10)
Home occupations and home professional offices.
(a)
Such uses are a conditionally permitted use in R-1, R-2, R-A and CX Districts.
(b)
Any such accessory personal service use or accessory office use must be conducted entirely within an owner-occupied dwelling by the owner-residents thereof and must be secondary and incidental to the use of the dwelling.
(c)
Such use may not change the character of such dwelling nor have any exterior evidence of such accessory use other than a permitted announcement sign.
(d)
Such use may not involve, except as otherwise permitted in residential districts, the parking, storage or standing of any commercial vehicles or construction equipment or the outdoor storage of materials nor the keeping of stock-in-trade or sale of any goods or use of any chemical, mechanical or electrical equipment which is not a customary household appliance or piece of office equipment.
(e)
No more than 15% of the habitable floor area of the residence dwelling may be utilized for any home occupation or home professional office and in no event shall exceed 750 square feet of floor area.
[Amended 1-14-2013 by L.L. No. 1-2013]
(f)
The Board of Appeals may require off-street parking spaces in addition to off-street parking requirements prescribed by this chapter for such dwelling.
(11)
Laboratory and research facility.
(a)
Such use is conditionally permitted in C-2 and C-3 Districts.
(b)
All dangerous or hazardous waste and refuse disposal shall be handled by private sanitation carters at applicants' expense.
(c)
The Board of Appeals shall have the right to limit any such laboratory or research facility uses to C-3 Districts or prohibit such uses from any district depending on the nature of such use.
(d)
Such uses shall be required to comply with the off-street parking requirements prescribed by this chapter.
(e)
Each such use shall provide adequate ventilation, filtration and exhaust systems necessary for any specific use.
(f)
Any boilers or heating, ventilation or air-conditioning systems shall be contained in a separate, fireproofed, sealed room with air intake facilities independent from the balance of the building in which such use is located.
(12)
Limited automotive repair and maintenance facility.
(a)
Such use shall be conditionally permitted in C-3 Districts only.
(b)
No outside storage or parking of unregistered motor vehicles is permitted.
(c)
Outside storage or parking of registered motor vehicles is permitted for a period not to exceed 72 hours and only if such vehicles are on the premises for repair.
(d)
All automotive accessories intended for retail sale in connection with such limited automotive repair and maintenance facility shall be specifically set forth and listed on the application for the special use permit.
(e)
Water and air shall be provided free of charge.
(f)
Compliance with off-street parking regulations prescribed by this chapter is required.
(g)
All curb cut accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient ingress and egress without the potential for backing vehicles into the public street.
(h)
No accessory structures shall be located in any required setbacks.
(i)
No outdoor display of products not associated with the use shall be permitted.
(j)
There shall not be any outside storage or display accessories when such uses are not open for business.
(k)
No portable signs are allowed at any time or at any location.
(l)
A landscaped screening area shall be provided where required by the Board of Appeals.
(m)
All landscaped areas designated on the site plan and/or landscaping plan shall be maintained in a neat and healthy condition at all times.
(n)
A public address system or any other amplified noises are prohibited.
(o)
All parking areas and spaces shall have paved surfaces.
(p)
Any limited automotive repair and maintenance facility which operates a gasoline station, as defined by this chapter, shall obtain a separate special permit for each such use.
(q)
No outdoor repair of motor vehicles is permitted except for emergency repair.
(13)
Major automotive repair and maintenance facility.
(a)
Such use shall be conditionally permitted in C-3 Districts only.
(b)
No outside storage of or parking of unregistered motor vehicles.
(c)
Outside storage or parking of registered motor vehicles is permitted for a period not to exceed 72 hours and only if such vehicles are on the premises for repair.
(d)
All automotive accessories intended for retail sale in connection with such limited automotive repair and maintenance facility shall be specifically set forth and listed on the application for the special use permit.
(e)
Water and air shall be provided free of charge.
(f)
Compliance with off-street parking regulations prescribed by this chapter is required.
(g)
All curb cut accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient ingress and egress without the potential for backing vehicles into the public street.
(h)
No accessory structures shall be located in any required setbacks.
(i)
No outdoor display of products not associated with the use shall be permitted.
(j)
There shall not be any outside storage or display accessories when such uses are not open for business.
(k)
No portable signs are allowed at any time or at any location.
(l)
A landscaped screening area shall be provided where required by the Board of Appeals.
(m)
All landscaped areas designated on the site plan and/or landscaping plan shall be maintained in a neat and healthy condition at all times.
(n)
A public address system or any other amplified noises are prohibited.
(o)
All parking areas and spaces shall have paved surfaces.
(p)
Any major automotive repair and maintenance facility which operate a gasoline station, as defined by this chapter, shall obtain a separate special permit for each such use.
(q)
No outdoor repair of motor vehicles is permitted, except for emergency service.
(14)
Medical clinics.
(a)
Such use shall be conditionally permitted in C-1, C-2 and C-3 Districts only.
(b)
The applicant shall demonstrate to the Board of Appeals its right to use the property either by lease or other title and also provide a copy of the licenses that will be utilized or necessary in the operation of such clinic.
(c)
The applicant shall specify to the Board of Appeals the type of wastes generated by such clinic and the method of disposal of the same, and if such wastes are deemed to be dangerous, toxic or infectious, the Board of Appeals shall require waste removal by private sanitation carters at the expense of applicant.
(d)
Such use shall comply with applicable off-street parking regulations prescribed by this chapter.
(15)
Motor vehicle dealerships.
(a)
Such use is conditionally permitted in C-2 and C-3 Districts.
(c)
Facilities for all automotive repair, maintenance, servicing and preparation of such motor vehicles may be provided on the premises if performed within an enclosed structure. A separate special use permit shall be required for that portion of the dealership which relates to service and automotive repair.
(e)
Compliance with off-street parking and loading regulations prescribed by this chapter is required for each use conducted on the premises.
(16)
Nursery schools.
[Amended 12-19-2022 by L.L. No. 5-2022]
(a)
Such use is conditionally permitted in CX, C-1 and C-2 Districts only,_subject to approval under Article XXXV.
(b)
No outdoor play area may be located in a front yard.
(c)
All outdoor play areas shall be adequately secured with fencing not less than 48 inches in height measured from grade along line of installation and each fence shall be equipped with a self-closing, self-latching gate.
(d)
Any accessory swimming pools on school premises shall comply with regulations prescribed by this chapter for private swimming pools.
(e)
Applicant shall demonstrate to the Board of Appeals its right to use the property by lease, rental or title and shall provide a copy of any licenses which are required to operate the premises as a nursery school.
(f)
No cellar area of a building may be used by the children for any purpose.
(g)
Nursery schools shall comply with all applicable construction, fire and safety standards required by the State of New York, County of Nassau, Village or any other agency having jurisdiction.
(17)
Nursing or convalescent home.
(a)
Such use is conditionally permitted in C-1 and C-2 Districts only.
(b)
The applicant shall demonstrate to the Board of Appeals the right to use the premises by lease, rental or title and also provide a copy of any licenses necessary to operate the premises as a nursing home.
(c)
The applicant shall specify to the Board of Appeals the type of wastes generated by such nursing home and the method of disposal of the same, and if such wastes are deemed to be dangerous, toxic or infectious, the Board of Appeals shall require waste removal by private sanitation carters at the expense of applicant.
(d)
Any nursing or convalescent home shall be required to comply with all applicable rules, regulations and laws by any county, state or federal agency having jurisdiction over nursing homes.
(e)
Compliance with the off-street parking regulations prescribed by this chapter is required.
(18)
Philanthropic or charitable associations.
(a)
Such use is conditionally permitted in CX, C-2 and C-3 Districts.
(b)
Any facility within a philanthropic or charitable association which constitutes a place of public assembly and/or clubhouse or lodge, as defined by this chapter, shall, in addition to the special use permit for a philanthropic or charitable association use, be required to obtain a special use permit for such uses and shall be required to comply with the conditions for such uses.
(c)
Compliance with applicable off-street parking regulations prescribed by this chapter shall be required.
(d)
Screening shall be provided as required by the Board of Appeals.
(19)
Places of public assembly.
[Amended 12-19-2022 by L.L. No. 5-2022]
(a)
Places of public assembly are conditionally permitted in C-1, C-2 and C-3 Districts. Certain permitted uses in all districts may constitute places of public assembly such as places of worship and schools in any R and C District or clubhouses, lodges and philanthropic associations in any C District, including CX District.
(b)
Public assembly for places of worship and education use shall be subject to approval under Article XXXV of this chapter.
(c)
All rules, regulations and laws prescribed by any county, state or federal agency having jurisdiction apply to places of public assembly within the Village, and compliance with such regulations shall be required.
(d)
The applicant shall demonstrate that no excessive noise will be discernible at any point beyond property lines.
(e)
Compliance with the off-street parking regulations prescribed by this chapter shall be required, and the Board of Appeals may impose more restrictive off-street parking requirements as it deems necessary.
(f)
The applicant shall demonstrate compliance with construction safety and fire standards established by the New York State Fire Code, Building and Construction Code and Nassau County Fire Marshal.
(20)
Educational uses, including private schools of religious, special or general instruction.
[Amended 12-19-2022 by L.L. No. 5-2022]
(a)
Schools of religious instruction are conditionally permitted in R-2, R-1, R-A and CX Districts, subject to approval under Article XXXV.
(b)
Private schools of special or general instruction are conditionally permitted in CX Districts, subject to approval under Article XXXV.
(c)
No conditionally permitted school shall be located within a frame dwelling in an R-2, R-1, R-A or CX District unless special instruction is administered in conjunction with an authorized home occupation or home professional office, and in such case, class size shall not exceed six students at any one time.
(d)
Applicant shall demonstrate that no excessive noise will be discernible at and beyond property lines.
(e)
No outdoor play area may be located in a front yard.
(f)
No cellar area of a building shall be used for instruction purposes unless the applicant can demonstrate compliance with all applicable construction, fire and safety standards required by the State of New York, County of Nassau, Village or any other agency having jurisdiction.
(g)
All outdoor children's play areas shall be adequately secured with fencing not less than 48 inches in height measured from grade along line of installation, and each fence shall be equipped with a self-closing, self-latching gate.
(h)
Any accessory swimming pools on school premises shall comply with regulations prescribed by this chapter for private swimming pools.
(i)
The applicant shall demonstrate to the Board of Appeals its right to use the property by lease, rental or title and shall provide a copy of any licenses which are required to operate the premises for school purposes.
(j)
The Board of Appeals shall have the right to deny a special permit if it finds that the nature of the school proposed is incompatible with the area or district in which it will be located.
(k)
Compliance with off-street parking regulations prescribed by this chapter is required where applicable.
(21)
Public garage.
(a)
Such use is conditionally permitted in a C-3 District.
(b)
No vehicles may be stored or repaired outside the building or structure.
(c)
Any motor vehicle repair performed on the premises shall comply with all applicable conditions pertaining to limited or major automotive repair and shall obtain a permit for the same.
(d)
A minimum of four off-street parking spaces or one space for each four employees, whichever is greater, shall be provided.
(e)
All parking areas shall have paved surfaces.
(f)
Such use shall comply with all other applicable off-street parking regulations prescribed by this chapter.
(22)
Public parking facility.
(a)
Such use shall be conditionally permitted in C-1, C-2 and C-3 Districts.
(b)
A public parking facility shall be in an enclosed building or structure.
(c)
Such use shall comply with all bulk regulations for principal buildings for the district in which it is located.
(d)
No vehicles may be serviced, dismantled or repaired on the premises.
(e)
All parking areas shall have paved surfaces.
(f)
Such use shall comply with all other applicable off-street parking regulations prescribed by this chapter.
(23)
Residential accommodations for persons engaged in the activities of places of worship and religious related uses.
(a)
Such use is conditionally permitted in R-2, R-1, R-A, CX, C-1 and C-2 Districts.
(b)
No more than two dwelling units for caretakers or staff members may be included within a place of worship, but may not be located in a cellar in any permitted district nor in a basement in any R or CX District.
(c)
A convent, rectory or other staff residence shall be deemed a single housekeeping unit whether located within a place of worship or an independent building. Such single-family and two-family dwellings shall be conditionally permitted uses as determined by the Board of Appeals in C-1 and C-2 Districts.
(d)
Off-street parking spaces shall be as required by the Board of Appeals considering the number of motor vehicles to be utilized by the staff members.
(24)
Restaurants/taverns.
(a)
Restaurants/taverns shall be conditionally permitted in C-1, C-2 and C-3 Districts.
(b)
Any restaurant/tavern that serves alcoholic beverages must supply a copy of an on-premises liquor license issued by the New York State Liquor Authority.
(c)
Applicant shall produce a copy of any other licenses required to operate the premises as a restaurant/tavern.
(d)
If liquor is served on premises, such use shall not be located nearer than 200 feet to any entrance of a place of worship, school of general instruction or public recreation area.
[Amended 12-20-2021 by L.L. No. 9-2021]
(e)
All rubbish receptacles or dumpsters shall be located within an area enclosed by a fence or other solid enclosure and shall be located so as not to adversely impact upon any abutting property.
(f)
Game centers, as defined by this chapter, are permitted accessory uses within a restaurant/tavern subject to approval by the Board of Appeals.
(g)
Fencing or other screening shall be provided as determined by the Board of Appeals.
(h)
The applicant shall demonstrate to the Board of Appeals that the proposed use will not adversely affect adjoining properties due to excessive noise.
(i)
Any restaurant/tavern which provides cabaret-type entertainment or constitutes a place of public assembly, as defined by this chapter, shall, in addition to the special use permit for a restaurant/tavern, be required to obtain a special use permit for each such use and shall comply with the conditions prescribed therefor.
(j)
Any drive-through-type service shall not be permitted.
(k)
Such use shall comply with off-street parking regulations prescribed by this chapter.
(25)
Storage parking facility.
(a)
Such use is conditionally permitted in C-2 and C-3 Districts only.
(b)
No vehicles may be serviced, dismantled or repaired on the premises.
(c)
No parking shall be permitted outside the building or structure except on roof parking within a tiered structure.
(d)
Such use shall comply with all bulk regulations for the district in which it is located.
(e)
All parking and storage areas shall have paved surfaces.
(f)
A minimum of four off-street parking spaces or one space for each four employees, whichever is greater, shall be provided.
(g)
Such use shall comply with all other applicable off-street parking regulations prescribed by this chapter.
(26)
Hotels.
[Added 1-14-2013 by L.L. No. 1-2013]
(a)
Such use is conditionally permitted in C-1, C-2 and C-3 Districts.
(b)
A building or part of a building in which living or sleeping accommodations are used primarily for transient occupancy and may be rented on a daily basis.
(c)
One common entrance serves all such living or sleeping units.
(d)
Twenty-four-hour desk service is provided, in addition to one more of the following services: maid, telephone or bellboy service or the furnishing or laundering of linens.
(e)
No kitchens facilities (as defined herein) shall be permitted in any of the transient occupancy units.
(f)
Permitted accessory uses include, but are not limited, to restaurants or other public dining facilities, bars or lounges, banquet halls, ballrooms, convention areas and meeting rooms.
(g)
Permitted accessory uses shall require a separate certificate of occupancy from the hotel.