Village of Sea Cliff, NY Article XIV Special Permits

§ 138-1401 Procedure for special permit.

A. Any person desiring to use premises for a use permitted by special permit shall petition the Zoning Board of Appeals for such permit. The petition shall be accompanied by plan drawings and descriptions showing the size and type of construction of the building in which such use is proposed to be conducted, if applicable, or such other drawings and descriptions as shall be required by the Zoning Board of Appeals. The consent of the owner of the premises shall accompany such petition.

B. In determining whether or not to grant such special permit, the Zoning Board of Appeals shall hold a public hearing and shall apply the following standards for special permits:

(1) The purpose of zoning as set forth in the Constitutions, laws, rules and regulations of the United States, the State of New York and the Incorporated Village of Sea Cliff, and uses permitted in the zoning district of the Incorporated Village of Sea Cliff, in which the property is located.

(2) Whether the proposed use is of such character, size, location, design and site layout as to be appropriate to and in harmony with the surrounding properties.

(3) Whether the proposed use will provide a desirable service, facility or convenience to the area or otherwise contribute to the proper growth and development of the community and to its general welfare.

(4) Whether the proposed use will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of the nature of the use, excessive traffic, assembly of persons or vehicles, proximity to travel routes or congregations of children or pedestrians.

(5) Whether the proposed use will be of such nature as to be objectionable to nearby residential dwellings by reason of noise, lights, vibration or other factors.

(6) Whether the proposed use will be harmonious in the district in which it is to be situated.

(7) Whether the proposed use will hinder or discourage the appropriate use and development of adjacent land or impair the value thereof.

(8) Such other standards as shall be specifically set forth in this Code.

C. In determining whether or not to grant such special permit, the Zoning Board of Appeals may refer the application to the Planning Board for site plan review.[1]

[1] Editor's Note: See Ch. 107, Site Plan Review.

§ 138-1402 Conditions on the grant of special permits.

In granting a special permit, the Zoning Board of Appeals, in its sole discretion, shall have the power to impose whatever conditions it deems necessary in order to effectuate the purposes of this chapter; to conserve and protect property values; or to promote the health, safety, welfare and well-being of the residents and property owners of the Incorporated Village of Sea Cliff.

§ 138-1403 Regulations governing special permits.

[Added 9-10-2007 by L.L. No. 7-2007]

A. Expiration, lapse, extension and reinstatement of special permits. Any special permit granted pursuant to this chapter shall automatically expire and be of no further force and effect six months after the granting thereof unless, within such six-month period, substantial construction shall have been commenced. Such construction must be completed within one year of the date of commencement of substantial construction. The Zoning Board of Appeals shall be authorized, upon application and without hearing, to grant extensions of the special permit for periods not to exceed six months in duration or to reinstate a lapsed special permit for good cause shown. Any special permit issued prior to the effective date of this section shall be deemed to have been issued on such effective date.

B. Extinguishment of a special permit. Whenever a use established pursuant to a special permit shall have been abandoned for a term of six months, or whenever the location of such a use is substantially destroyed, the land, building or structure in which said use shall have existed shall not thereafter be used for the previously established use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A use shall be "substantially destroyed" if the cost to repair and replace the structure in which it is located exceeds 50% of the current structural replacement value thereof.

C. Revocation of a special permit. Any special permit granted pursuant to this chapter shall be revocable on the order of the Zoning Board of Appeals at any time upon the failure of the owner or operator of the use or structure covered by the special permit to observe all requirements of this chapter with respect to the maintenance and conduct of the use or structure or upon failure to observe all conditions in connection with such special permit which was designated by the Zoning Board of Appeals issuing the same. Prior to revoking any such special permit, the Zoning Board of Appeals shall give the holder of the special permit at least 10 days' written notice of violation. If within such 10 days the special permit holder so requests, the Zoning Board of Appeals shall hold a hearing on the revocation of such special permit and shall give the applicant for the hearing at least 10 days' written notice thereof either by certified mail, return receipt requested, or by personal service. The foregoing provisions shall not be deemed to preclude the use of any other remedy by the Zoning Board of Appeals or by any enforcement agent of the Village to compel compliance with any conditions of the special permit. The violation of any condition imposed by the Zoning Board of Appeals as part of a special permit shall constitute a violation of this chapter and shall subject such violator to the penalties set forth in § 2-4B(2) of this Code.