New Rochelle |
Code of Ordinances |
Part II. General Legislation |
Chapter 331. Zoning |
Article XII. Special Permit Uses |
§ 331-116. Expiration; modification; renewal.
Latest version.
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A.Expiration. A special permit shall be deemed to authorize only the specific use identified in the permit and, unless other provisions are specifically set forth by the approving agency, the special permit shall expire if said use shall cease for more than one year for any reason, or if substantial construction, in accordance with the special permit, has not been completed within two years from the date of issue.B.Modification of special permit uses. Any change or increase in use or reduction in lot size requires amendment to the special permit in accordance with the application and review requirements of this article except that the Building Official may issue building permits as requested, without amendment of the special permit, where he/she finds that:(1)There is no change in use, or that the proposal falls within the definition of the existing special permit use.(2)The change would require less than 10 additional parking spaces. Notwithstanding the above, the Building Official may require the formal filing of a complete amended application where he/she finds that the proposed change will be significant in the essential characteristics of the existing layout, arrangement or use of buildings or land.C.Renewal. On written application, a special permit approved with a time limitation may be renewed by the Building Official upon notice to the approving agency which authorized the issuance of the special permit, provided that no such renewal shall be made by the Building Official unless there has been compliance with all applicable codes, ordinances, regulations and conditions of the special permit. The Building Official shall notify, in writing, the approving agency which authorized the issuance of the special permit at least 45 days prior to the effective date of such renewal. No such renewal shall be made by the Building Official if there is objection by a majority vote of the approving agency, as listed in § 331-87.