§ 125-4. Special permit.  


Latest version.
  • A. 
    The spirit and intent of this section is that permit(s) may be issued only if the public interest is not jeopardized and only if the issuance of said permit will not substantially impair the intent and purpose of this chapter. Therefore, it is hereby recognized that specific circumstances, including but not necessarily limited to an antique car or a vehicle temporarily out of service, may allow the public officer upon application for same to waive the one unregistered vehicle limit set forth in § 125-3, by issuance of a special permit. However, under no circumstances shall more than two unregistered vehicles be permitted outside of an enclosed building. This section shall only apply to passenger automobiles, motorcycles and trucks no greater than three-fourths-ton gross vehicle weight, whereas, trailer coaches and all other unregistered vehicles and all junk vehicles are strictly prohibited.
    B. 
    The applicant for a special permit under this § 125-4 shall apply in writing to the public officer for an annual special permit to maintain an unregistered vehicle as per this section and shall pay an annual fee of $10, nonrefundable, per vehicle, before the 31st day of January each year.
    C. 
    Furthermore, the public officer is hereby authorized to attach reasonable conditions to a special permit where it is necessary in order to mitigate adverse effects of specially permitting such vehicles.
    D. 
    Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the public officer based on or made in the enforcement of this section. The fees and procedures for a hardship/bulk variance shall apply to such appeal.
    E. 
    The public officer shall make an investigation of the application for a special permit and shall take the following into consideration:
    (1) 
    The location of the premises and its character and relationship to the surrounding neighborhood.
    (2) 
    The lot area, street frontage, lot depth and other physical characteristics of the premises.
    (3) 
    The location on the premises where the vehicles will be kept and their relationship to adjacent dwellings, structures and open spaces.
    (4) 
    Any other information that may be deemed reasonable and necessary in order to carry out the spirit and intent of this chapter.