The Village Board of the Village of New Hyde Park may, in any year it deems necessary, appoint alternate (ad hoc) members to the Zoning Board of Appeals to serve as provided in this section.

The number of alternate (ad hoc) members so appointed pursuant to this section in any year shall not exceed three.

Each alternate (ad hoc) member shall be appointed for a one-year term of office.

The Chairperson of the Zoning Board of Appeals shall assign the alternate (ad hoc) members as necessary when absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending mailer.

Once designated to serve on a particular mailer before the Board, the alternate (ad hoc) members shall have the same powers and duties as regular members of the Board until the mailer is concluded.

Any determination by the Board consisting of alternate (ad hoc) members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board, and all laws, statutes and regulations shall apply and be applied with equal force and effect.

Alternate (ad hoc) members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Village Board.

A plot plan or survey print, prepared and certified by a registered architect, land surveyor or licensed engineer and dated not more than six months prior to the date of filing of such application with the Board of Zoning Appeals; said plot plan or survey shall clearly show the size and configuration of the subject premises, the street(s) upon which it fronts, the distance and location of all intersecting street(s), and the location and dimensions of all structures, improvements, tanks, storage facilities and the like, whether above or below grade, drawn to scale;

A duly subscribed and notarized "consent and waiver" form, authorizing the inspection of the premises and all structures, uses and facilities thereon, during reasonable business hours, by members of the Village Building and Zoning Departments, Village Code Enforcement Officers and their respective agents and employees, in order to determine compliance with the several provisions of this chapter, of this subsection and of any conditions or requirements imposed by the Board of Zoning Appeals in the special permit requested; and

A certified copy of the deed to the premises if the applicant be the owner of the same, or of the lease or leasehold agreement if the applicant be a tenant or lessee of said premises.

That the proposed use will not prevent the orderly and reasonable use and enjoyment of properties and uses adjacent to or within the neighboring areas of, the subject premises, especially concerning residential uses in such areas or zones.

That the proposed use will not encumber, prevent or otherwise adversely affect legal uses established adjacent to or within a radius of 200 feet of the subject premises.

That the health, safety, comfort, convenience and general welfare of the Village and of the public at large will not be impaired or adversely affected by the proposed use.

That the proposed use will not deprive surrounding uses of adequate light and air and will not burden the same with undue noise, odors, fumes or other adverse environmental hazards arising out of or in connection with such proposed use, and will not otherwise seriously disrupt the characteristics of the community and environment within the surrounding areas and zones.

That the proposed use will not, by its nature or incidental to its nature, create undue hazards to the life, limb or health of the public, especially those residing in or occupying the surrounding areas to the subject premises, due to increased hazards of fire, explosion or other serious consequence.

That the proposed use, by its nature or due to the consequences of its operations, will not result in an accumulation of junk, wastes, junked vehicles or auto parts, noxious or dangerous fumes or effluents (whether solid, liquid, gaseous or otherwise), sewage, refuse or other rubbish.

That the proposed use shall not increase congestion of streets and sidewalks, or create interference with their free and unfettered use by the public.

That the proposed use shall be in harmony with, and will promote the general purposes and intent of the Building Zone Code and Comprehensive Plan embraced and evidenced therein, as well as being in harmony with the general and prevailing character of the neighborhood in which such proposed use will exist.

The characteristics of existing and probable uses in the district, and the peculiar suitability of such district for the location and maintenance of the proposed use.

The conservation of property values and preservation of orderly and reasonable use and enjoyment of surrounding properties, especially established legal uses.

The effect of the proposed use upon traffic and pedestrian congestion of the public streets, sidewalks and other open public areas or rights-of-way.

The existence or availability of safety measures and other pertinent safeguards against fire, explosion, noxious or dangerous noises, fumes or odors and effluents, such as gas leaks, chemical spills, etc., to be incorporated into the operation or construction of the proposed use site.

The availability of adequate and proper public facilities for the removal, storage or treatment of sewage, refuse or other waste products or effluents (whether solid, liquid, gaseous or otherwise), that may be caused or created by or as a result of the proposed use.

Whether the proposed use will interfere with, or create a burden upon, existing or proposed public services, public streets, parking or other facilities, or public recreational facilities.

Whether surfaced off-street parking space incidental to the proposed use is necessary and such space is adequately and reasonably available on the premises of such proposed use.

Whether fire or other emergency apparatus will be afforded sufficient and adequate ingress to and egress from the proposed use premises, in the event of fire or other emergency or disaster, so as to protect or effect rescue of persons in or about the premises and the structures and buildings on the premises and on adjoining or adjacent properties.

Whether the proposed use will cause an overcrowding of land with people, vehicles, structures or other devices, either temporarily or permanently, resulting in increased fire or other hazard, or in danger to the public or properties in the surrounding area.

Whether sufficient open and unencumbered ingress and egress to the premises, structures and buildings thereon will be afforded to members of the public and private motor vehicles using or entering upon the premises, without undue congestion of adjoining streets or sidewalks.

Whether the hours of operation of the proposed use, and any accessory or incidental uses or activities on the same premises, would result in an unreasonable impairment of, or interference with, legitimate uses and structures in the surrounding environs, especially residential uses and/or structures in the neighborhood, unless reasonably and strictly limited, so as to balance the conflicting interests of nearby uses and structures with the commercial and proprietary interests of the proposed use. It is the specific finding of the Board of Trustees that all or nearly all available sites for the operation of motor vehicle service stations and/or repair shops, whether presently existing or potentially usable as such in the future, either adjoin residential lots or structures and unrelated business uses or are so physically near and proximate thereto that, by necessity, the operation of a service station or repair shop on any such sites would have immediate, tangible and substantial impact upon the use and enjoyment of such adjoining and surrounding uses and structures; that the unlimited, twenty-four-hour operation of either a service station or a repair shop, or any accessory or incidental uses thereto, would place an unacceptable burden on adjoining and surrounding uses and structures and would amount to a public nuisance due to the unabated noise, traffic, odors and congestion created thereby; and that because of the special problems created by, and attendant with, such special uses, it is both desirable and necessary to strictly limit their adverse impact upon the surrounding community by the limitation of their hours of operation, thereby ensuring and preserving a reasonable period of time each and every day during which surrounding uses may enjoy relative freedom from the noise, traffic, odors and congestion, and other adverse by-products which are necessarily generated by the operation of the subject special uses. Accordingly, the provisions of any other law, statute, ordinance, code, rule or regulation to the contrary notwithstanding, in no event shall any motor vehicle service station or motor vehicle repair shop operate or be operated, nor shall any authorization or permission be given to operate the same, between the hours of 11:00 p.m. and 6:00 a.m., inclusive, prevailing time. This prohibition shall extend to all uses, conduct or other operations maintained on the premises, whether primary, accessory or incidental, without exception, and this prohibition shall be mandatory with respect to each and every service station and repair shop at any time located, operated, used or maintained within the territorial boundaries of the Village, whether by special permit or otherwise. While the stated hours of prohibited operation may not and shall not be reduced, suspended, alternated or otherwise modified to result in different periods of lesser hours, the Board of Zoning Appeals is hereby specifically authorized to increase the hours of prohibited operation, in a given case, where and when the evidence and circumstances in such case support a finding by such Board that an increase is both warranted and reasonable.

That no vehicle may be stored, parked, left or serviced in any manner, or for any length of time, in, on or upon the public streets, sidewalks or other public areas, or in or upon the lot or part thereof of any property not covered by the special use permit.

No junk vehicle or unregistered vehicle may at any time be stored, parked or left unattended outside the enclosed confines of the buildings on the subject premises.

No vehicle may be parked or stored outside of the buildings on such premises, overnight between the hours of 8:00 p.m. and 6:00 a.m., in excess of the following formula: one vehicle for each 1,000 square feet of open lot area of the premises; and in no event shall more than eight vehicles be so stored or parked on such premises, regardless of lot size or available open lot area of the same.

No vehicle may be stored, parked or left unattended within a radius of 20 feet of any pump, pumping device or pumping tank situated on the subject premises, at any time, except such vehicles which are actually receiving fuel into their fuel tanks from any such pump or device.

No servicing or other work shall at any time be commenced, continued or otherwise proceed on any vehicle in the streets or sidewalks fronting the premises or surrounding areas nor on any part or portion of the premises except for the interior service bays and the area immediately fronting and adjacent thereto in or upon such premises and the buildings thereon.

No vehicles may be parked or stored on the premises overnight, during the aforesaid hours above, except those of legitimate customers of the holder of the special use permit, awaiting servicing or repair, the vehicles actually owned or leased by said permit holder or the vehicles owned or leased by the employees of the permit holder.

In considering any application for permission to maintain a separate, unrelated use, structure or activity on the same premises as the special use governed by this subsection, the Board of Zoning Appeals shall consider all of the factors and make all of the findings as provided for under Subsection H(2), (3) and (4) of this section, with respect to the primary use, as applied to the unrelated use, structure or activity, and shall additionally determine whether such unrelated use, structure or activity is compatible with the special use and with surrounding uses and structures in the neighborhood; whether the area of the subject premises can reasonably support the proposed or existing primary use and any proposed unrelated use at the same time; and whether additional traffic, either pedestrian or vehicular, can be reasonably accommodated by both the subject parcel and the surrounding streets, sidewalks and other public rights-of-way.

In its determinations, the Board of Zoning Appeals shall require additional off-street parking spaces on the subject premises to be devoted solely to any such unrelated proposed use on the premises, using a formula of one off-street parking space, having minimal dimensions of at least 200 square feet, for each 50 square feet of the premises or any portion thereof devoted to such unrelated use, with a mandatory minimum of two such spaces in any event, regardless of the actual square footage so devoted to such unrelated use.

For purposes of this subsection, the following uses are hereby deemed to be the sole uses, structures or activities reasonably and necessarily related to the operation of a motor vehicle repair shop, a motor vehicle service station, or both such special uses:

The submission by the applicant of a verified application upon forms acceptable to the Board of Zoning Appeals for each and every period for which the permit is to be applicable.

The submission by the applicant with each such application of a plot plan prepared by a registered architect, a licensed professional engineer or licensed surveyor, showing the location of each such structure proposed to be erected or modified on the plot which is the subject of said application and showing the dimensions of each such structure.

The payment by the applicant of the nonrefundable fees provided for under § 195-39A of this chapter.

The filing by the applicant with the Village Clerk of the applicant's consent to inspections of the subject premises by the Village Building Inspector during reasonable hours to determine whether use of the premises subsequent to the grant of the special exception permit is in compliance with the provisions of said permit.

The certification by the applicant that the primary residence and occupancy in any such dwelling will be by the owner thereof for the duration of any permit granted hereunder.

The certification by the applicant, on an annual basis, that any separate apartment and/or separate kitchen permitted hereunder is used and occupied solely by members of the household meeting the definition of family as set forth in § 195-21 of this chapter.

The submission by the applicant of a restrictive covenant to be filed in the office of the Nassau County Clerk by the applicant at the applicant's expense, which covenant shall declare the limitations of the use of any premises granted a permit hereunder and set forth the grounds for termination of such permit as hereinafter provided.

That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use zones.

That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the zone wherein the proposed use is to be located or of permitted and legally established uses in adjacent use zones.

That the health, safety, welfare, comfort, convenience and order of the Village will not be adversely affected by the proposed use.

That the use will be in harmony with and promote the general purposes and intent of the Building Zone Code.

The promotion and enhancement of traditional family needs and family values.

The character of existing and probable uses in the district, and the peculiar suitability of such district for the location of any such permissive use.

The conservation of property values and the encouragement of the most appropriate uses of land.

The effect that the proposed use may have upon traffic congestion on public streets.

The availability of adequate and proper public or private facilities for removal of sewage, refuse or effluent, whether liquid, solid, gaseous or otherwise, that may be caused or created by or as a result of the use.

Whether said use will cause undue interference with existing or proposed public parking or recreational facilities.

Whether bituminous surfaced off-street parking space incidental to the use is necessary, and whether such space is reasonably available.

Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason or as a result of the use or by the proposed structure, or by the inaccessibility of the property or structure thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration of persons upon such plot.

Whether the proposed use or the proposed structure will cause an overcrowding of land or undue concentration of population.

Whether the plot area is sufficient, appropriate and adequate for the proposed use and the reasonable anticipated operation and expansion thereof.

Whether sufficient ingress and egress to the residence is provided.

The certification by the applicant(s) that applicant(s) are one or more of the owners in fee of the subject premises and hold title to at least an undivided 1/2 interest in and to the premises.

Certification that the applicant(s) owning at least an undivided 1/2 interest in the premises, are over the age of 62 years, except that if the applicants are married to each other, only one such spouse shall be at least 62 years of age.

Certification, at least annually, that the combined household gross taxable earned income of the applicants does not exceed $15,000 in the aggregate.

Certification, at least annually, that the primary dwelling unit and/or kitchen on the premises is used and occupied solely by applicant(s) and their family members and that the second apartment and/or kitchen on the premises is used and occupied solely by a separate family household headed by at least one or more persons over the age of 62 years upon whom all such separate family household members are legally and financially dependent.

Certification, at least annually, of the amount of rent charged or to be charged on a monthly or other pertinent periodic basis to every person using or occupying the separate apartment and/or kitchen in the subject premises. For such purposes, a copy of any lease or rental agreement, duly signed by all parties and covering the period in question, shall be sufficient and presumptive evidence of the facts stated therein.