North Salem City Zoning Code
ARTICLE XII
Conditional Uses and Special Permits
§ 250-59 Applicability.
A.
Conditional uses. The uses listed in the Use Table, Column C,[1] are conditional uses permitted only upon approval by the Planning Board in accordance with the procedures and standards herein. Any use for which conditional use approval may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such conditional use approval shall affect only the lot or portion thereof for which such approval shall have been granted.
[1]
Editor's Note: The Tables of General Use Requirements are included as attachments to this chapter.
B.
Special permits. The uses listed in the Use Table, Column D,[2] are special permit uses permitted only upon approval by the Town Board or Board of Appeals in accordance with the procedures and standards herein. Any use for which special permit approval may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that such special permit approval shall affect only the lot or portion thereof for which such approval shall have been granted.
[2]
Editor's Note: The Tables of General Use Requirements are included as attachments to this chapter.
§ 250-60 Applications.
A.
Applications for conditional use or special permit approval pursuant to this chapter shall be on forms prescribed by the approving agency. Such applications shall accompany a simultaneous application for preliminary or final site development plan approval, as may also be required. The preliminary or final site development plan and conditional use or special permit application may be processed concurrently in accordance with § 250-47 et seq.
§ 250-61 Timetable and public hearings.
A.
The approving agency shall approve establishment of such conditional or special permit uses upon determining compliance with conditions required by this chapter and, where appropriate, modify the nature or extent of the proposed use and development of the project to be consistent with this chapter or, on negative findings fully set forth in the record, shall deny such use.
B.
A public hearing on any application for conditional use or special permit shall be held within 62 days of the receipt of all required materials in proper form.
C.
The Planning Board shall provide the applicant with a notice of public hearing at least 13 days prior to the public hearing, which the applicant shall publish at its own expense in the official newspaper of the Town of North Salem at least five days prior to the public.
[Amended 2-25-2020 by L.L. No. 1-2021]
D.
Notice of public hearing shall be sent by certified mail, return receipt requested, to all property owners within a distance of 200 feet of the boundaries of the property; except in the case of an application relating to a single-family dwelling within a cooperative residential community (specifically Vails Grove, Pietsch Gardens and Bloomerside Cooperatives) said distance shall be 150 feet measured from the exterior walls of the subject property house and shall also include notification to the corresponding Cooperative Board. The mailing of notices shall be at least 10 days before such hearing.
[Amended 2-25-2020 by L.L. No. 1-2021; 4-12-2022 by L.L. No. 3-2022]
E.
The preparation and cost of publication and mailing of any notice required for such hearing shall be at the cost and expense of the applicant.
§ 250-62 General procedures.
An applicant for a conditional use or special permit shall simultaneously with the filing of such application file an application for site development plan approval with the Planning Board, if required, together with appropriate plans, drawings and fee for site development plan review. Thereafter and before any consideration or review of the application for such conditional use or special permit, said application shall be referred to such Town departments, agencies and consultants as are necessary, which shall review the application in light of the general considerations and specific standards herein. Following the granting of such conditional use or special permit, the application shall be considered by the Planning Board for final site development plan approval, if required.
§ 250-63 Decisions.
A.
A decision shall be determined upon an application for conditional use or special permit within 62 days after the close of the public hearing, which time may be extended by mutual consent of the applicant.
B.
All decisions for conditional use and special permit shall be filed with the Town Clerk and Building Inspector within five business days after such decision is rendered, and a copy thereof shall be mailed to the applicant.
C.
Conditional use and special permit approvals shall be deemed to be indefinite authorization unless otherwise specified in the approval thereof, but in any case shall expire within 18 months of the date of approval unless a building permit has been issued for the conditional or special permit use, or within two years of the date of issuance of an authorized building permit unless a certificate of completion has been issued. Such periods may be extended on separate application to the approving agency.
§ 250-64 Appeals.
Any person aggrieved by decision of the Planning Board for conditional use or the Town Board or Board of Appeals for special permit may apply to the Supreme Court of the State of New York for review by a proceeding under Article 78 of the Civil Practice Law and Rules, within 30 days after the filing of a decision in the office of the Town Clerk.