East Hills City Zoning Code
ARTICLE XVIII
Conditional Uses in Light Industrial District
§ 271-176 Applicability.
The provisions of this article shall apply to the Light Industrial District.
§ 271-177 Recreation complexes.
In the Light Industrial District, a building may be erected, altered or used or a lot or premises may be used for a recreational complex consisting of indoor or outdoor facilities, including, but not limited to, swimming pool, gym and health club facilities, tennis, squash, handball, racquetball and badminton courts, together with related community service facilities, meeting room facilities, provided that the same is operated by an association, not-for-profit corporation or membership corporation not operating as a gainful business, and shall be a tax-exempt organization pursuant to the Internal Revenue Code as evidenced by a ruling or determination from the Internal Revenue Service.
§ 271-178 Procedures and standards.
The Village Board of Trustees, in addition to the powers and duties set forth in the Village Law and as hereinafter set forth in this article, may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize the issuance of a conditional use permit in harmony with the general purpose and intent as provided for herein.
A.
In the consideration and determination of applications for conditional uses, the Board of Trustees shall consider the following general standards applied to the specific application:
(1)
The purposes of zoning as set forth in the Village Law of the State of New York and uses permitted in the district 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, and that the same is landscaped and appropriately buffered.
(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, and that environmental compatibility is assured.
(4)
Whether the proposed use will be hazardous, conflicting or incongruous to the immediate neighborhood by reason of 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 or other factors of impact.
(6)
Whether the proposed use will be a harmonious use in the district in which it is to be situated and not hinder or discourage the appropriate use and development of adjacent uses or impair the value thereof, and that all of the structures on the site are and shall be readily accessible to fire and police services, and that said structures comply with the Village Building Code and the State of New York Building and Fire Code.[1]
B.
In addition to the foregoing, the Board of Trustees shall either by its own study and investigation or based upon study and investigation and recommendation of the Village Planning Board determine the nature and intensity of the proposed use, the proposed site layout and its relation to adjacent properties, street access, vehicular traffic flow, sight distance and pedestrian traffic pattern in order that traffic and other hazards be controlled to provide maximum safety.
C.
If the Board of Trustees shall determine that the conditional use provided in this article will conform to the general character of the neighborhood to which the proposed use will apply and that the public health, morals, safety and general welfare of such neighborhood will be secure by the granting of such use, subject to safeguards imposed by the Board, then the Board shall authorize the issuance of a permit pursuant to this article. Such permits may be granted for a temporary period or permanently, as determined by the Board, and if granted for a temporary period, application for extension of same shall be subject to public hearing as required in the original application.
D.
Before an application for a conditional use may be heard by the Board, a complete and accurate list of the names and addresses of the owners of all the lands within a radius of 200 feet of the property affected by such application as appear on the latest completed assessment roll of the County of Nassau shall be submitted simultaneously with the application, the applicant shall send, by registered or certified mail, to each owner shown on said list, not less than 10 days nor more than 20 days before the date set for a hearing upon this application, a notice addressed to such owners generally, signed by the applicant, identifying the property affected thereby and setting forth the use requested and the date, hour and place fixed by the Board of Trustees for the hearing thereon. Before such case may be heard by the Board, the applicant must file with the Clerk of the Board, not later than five days prior to the hearing date, an affidavit of the mailing of such notices as herein provided, said affidavit to be made on forms to be provided by the Board. The provision shall likewise apply to any application for the extension of a temporary conditional use.
E.
If the Board of Trustees finds that an application for the conditional use provided in this article or proposed and requested in said application will not conform to the general character of the neighborhood to which the proposed use will apply and that the public health, morals, safety and general welfare of such neighborhood will not be secured by granting such conditional use, then the Board shall deny such application, anything in this article to the contrary notwithstanding.
F.
If upon an application for extension of a conditional use permit the Board finds that the applicant has violated the conditions imposed in the granting of same or if the Board finds that, because of a change in the general character of the neighborhood, the public health, safety, morals and general welfare will be adversely affected by the extension of such conditional use, then the Board may deny an application for extension of such conditional use, anything in this article to the contrary notwithstanding.