Hewlett Neck City Zoning Code
ARTICLE IX
Special Use Permit Review
§ 195-52 General provisions.
The special permit uses for which conformance to additional standards is required by this chapter are considered to be permitted uses in their respective districts, subject to compliance with the additional standards as set forth herein and any other requirements as deemed appropriate by the Board of Trustees. All such uses are declared to possess such unique, special and/or individual characteristics that each specific use must be considered as an individual case.
§ 195-53 Board of Trustees approval.
Special use permit approval by the Board of Trustees shall be required prior to the issuance of a building permit or certificate of occupancy for all structures or uses that require special use permit approval by the Board of Trustees.
§ 195-54 Procedure.
A.
Application. Formal application for a special use permit shall be made to the Village Clerk, who shall be responsible for forwarding it to the Board of Trustees. The formal application shall include the following items:
(1)
A completed special use permit application form.
(2)
A written statement describing the nature of the proposed use and how it will serve to implement the purposes of this chapter.
(3)
Twelve prints of a site plan and any other information as required by the site plan review standards in this chapter.
(4)
All other supporting documents as determined necessary or appropriate.
B.
Concurrent site plan review. Site plan approval under this chapter shall be required for any site where a special use permit is applied for. The special use permit and site plan approval procedures shall run concurrently, and their approval shall be the responsibility of the Board of Trustees.
C.
Public hearing. A public hearing shall be held concurrently for both the special use permit and the site plan. Notice of such hearing shall be the same as required by law for a zoning amendment.
D.
Expiration. A special use permit shall be deemed to authorize only the particular use or uses specified in the resolution of special use permit and site plan approval. The special use permit shall expire if said use or uses shall cease for more than one year for any reason or if all required improvements are not maintained and all conditions and standards complied with throughout the duration of the use. For a use intended to be temporary, the Board of Trustees may issue a special use permit for a specific period of time.
E.
Amendments. Any change in the type or intensity of an approved use, or reduction in lot size, shall require an amendment to the special use permit in accordance with all of the application and review requirements of this chapter.
§ 195-55 Standards.
All special permit uses shall comply with the following standards, in addition to any other applicable requirements of this chapter. The Board of Trustees shall attach such additional conditions and safeguards to any special use permit as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements. A special use permit shall also conform to the regulations of the zoning district in which the use is located.
A.
The location and size of the special permit use, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the area in which it is located.
B.
The location, nature and height of buildings, walls and fences, and the nature and extent of existing or proposed plantings on the site shall be such that the special permit use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
Operations in connection with any special permit use shall not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations and impacts of permitted uses not requiring a special use permit in that zoning district.
D.
Parking facilities shall be of adequate size for the particular special permit use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drive(s) shall be designed to achieve maximum convenience and safety.