Westbury City Zoning Code
ARTICLE XXIX
Special Use Permits
§ 248-260 Approval required.
Where a special use permit is required by the terms of this chapter, no building permit and, in the case of a change of use, no certificate of occupancy shall be issued by the Building Inspector until a special use permit has been approved by the Board of Trustees.
§ 248-261 Application procedure.
A.
Application for a special use permit shall be made and processed by the Board of Trustees as provided for in Village Law § 7-725-b.
[Amended 12-2-1999 by L.L. No. 3-1999]
B.
In addition, upon receipt of a complete special use permit application, the Board of Trustees shall refer said application to the Planning Board for an advisory report, which report shall be rendered within 45 days of the receipt of such referral by the Planning Board. The applicant may grant extensions of time to the Board of Trustees and the Planning Board; provided, however, that any extension of time granted to the Planning Board shall equally extend the time within which the Board of Trustees must act.
§ 248-261.1 Notice of Hearings.
[Added 3-3-2011 by L.L. No. 1-2011]
Notice of hearings, conducted pursuant to § 248-260 and § 248-261 of this chapter, shall be given by the applicant, by certified mail, return receipt requested, to owners of property located within a two-hundred-foot radius of the property, which is the subject of such application, no more than 20 days prior to the hearing date, and no less than 10 days prior to the hearing date. Notice of hearings, conducted pursuant to § 248-260 and § 248-261 of this chapter, shall be given as well by publication in the official newspaper of the Village of Westbury, not less than 10 days prior to the date of the hearing.
§ 248-262 Standards for issuance.
The Board of Trustees may authorize the issuance of a special use permit, provided that it finds that all of the following conditions and standards have been met:
A.
The location and size of the 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 are such that it will be in harmony with the appropriate and orderly development of the district 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 are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
C.
Operations in connection with the proposed use will not be more objectionable to nearby properties by reason of noise, fumes, vibration or other characteristics than would be the operation of any permitted use not requiring a special use permit. In particular, special consideration should be given to the proximity of the proposed use to residential properties in the immediate area, considering the factors listed herein.
[Amended 3-3-2016 by L.L. No. 4-2016]
D.
Parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum and adequate safety.
E.
Notwithstanding any other provision of this section, the Board of Trustees shall not be required to consider, schedule, hear or approve any application for a special permit if it shall appear that the applicant has done or permitted to be done any act on the subject site in violation of this chapter or any other chapter of the Code of the Village of Westbury, provided that the appropriate enforcement officer or employee of the Village shall also determine that a violation has occurred, and has commenced or is about to commence enforcement proceedings in or before the appropriate court and/or agency, until any one of the following events shall occur:
[Added 1-7-2016 by L.L. No. 1-2016]
(1)
The apparent violation has been corrected or removed as reported to the Board of Trustees by the appropriate enforcement officer or employee.
(2)
A final determination has been rendered by the appropriate court or agency dismissing the enforcement proceedings.
(3)
A final determination has been rendered by the appropriate court or agency finding the applicant guilty of violating the Code, the fine or penalty has been paid and the violation corrected, provided that the Board of Trustees may determine it impossible or impractical to correct the violation and, upon making that finding, may permit the special use permit review process to proceed.
(4)
For the number of days the special permit application has been suspended by the Board of Trustees in the manner herein provided, the time within the Board of Trustees must otherwise act with regards to a site development plan application shall be extended correspondingly.
§ 248-263 Conditions and safeguards.
The Board of Trustees shall attach such conditions and safeguards as are, in its opinion, required to protect neighbors from excessive light, noise or other nuisances, or are necessary to ensure initial and continual conformance with all applicable standards and requirements. In all cases, the Board of Trustees shall retain continuing jurisdiction.
§ 248-264 Expiration of permit.
A special use permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than six months for any reason, or if all required improvements are not completed within 18 months from the date of issue. The Board of Trustees shall have the power and authority to designate terms and conditions which it deems material and essential in connection with any special use permit. Upon finding that a material and essential condition of the permit has been violated, the Board of Trustees may adopt a resolution terminating the permit. The permit holder shall be entitled to a public hearing before the Board of Trustees regarding the occurrence of any such violation, upon five days' written notice.
§ 248-265 (Reserved) [1]
[1]
Editor's Note: Former § 248-265, Prohibited locations for special uses, as amended, was repealed 3-3-2016 by L.L. No. 4-2016.