Village of Rockville Centre, NY Article XXIIIB Substantial Occupancy Permits

[Added 3-3-2014 by L.L. No. 1-2014]

§ 340-118.2 Permit required.

A. Notwithstanding any other provision of this chapter, the following uses, where otherwise authorized by law and where not otherwise required to obtain a special use permit or conditional use permit from the Board of Trustees, Planning Board or Board of Appeals of the Village, shall not be commenced, and no existing such use may be enlarged or expanded, without first obtaining a substantial occupancy permit from the Board of Appeals where the actual or projected maximum occupancy of the premises where such use is located, as determined by the Superintendent of the Building Department, is at least 50 persons:

(1) Restaurant and/or bar;

(2) Theater;

(3) Nightclub;

(4) Cabaret;

(5) Cafe;

(6) Any other place of business serving food or beverage for on-premises consumption, whether or not such business also serves food or beverage for off-premises consumption;

(7) Multifamily residence or dwelling;

(8) Hospital or skilled nursing facility;

(9) Medical office building (for the purposes of this section, a "medical office building" shall be defined as an office or building where medical services or treatment is provided, or where medical testing is performed, and where at least 40% of the floor area of such office or building is used to provide such services or testing. Portions of such office or building which are used solely for billing, medical equipment sales, or other back office activities shall not be included in the calculation of floor area used to provide medical services or testing);

(10) Hotel or motel.

B. This section shall not apply to any premises in which a use included in Subsection A is lawfully located and operating on the date of adoption of this section, provided that such use is not thereafter changed to a different use than the one which existed on such date, nor altered, expanded or enlarged to a portion of the premises where such use did not lawfully exist on such date.

C. Supersession of state law. Notwithstanding the provisions of Village Law § 7-725-b, the substantial occupancy permit required by this section shall not be considered "special use permits" as defined in the Village Law. To the extent Village Law § 7-725-b defines such permits as "special permits," Village Law § 7-725-b is hereby superseded in its application to such permits.

D. The Zoning Board of Appeals shall have authority to grant substantial occupancy permits required by this section. No substantial occupancy permit may be granted by the Board of Appeals without a public hearing.

[Amended 1-5-2015 by L.L. No. 1-2015]

E. Unless the Board of Appeals determines that the use for which the substantial occupancy permit is proposed is not requisite in the interest of the public health, safety or general welfare, or is inappropriate to the particular location for which such permit is sought, the Board of Appeals shall approve the substantial occupancy permit. In approving any such substantial occupancy permit application, with or without a public hearing, the Board of Appeals may impose such reasonable conditions and restrictions as such Board shall determine are reasonably necessary to protect the public health, safety or general welfare. Such conditions shall be directly related to or incidental to the proposed permit and to the use authorized by such permit, including reasonable restrictions on times and manner of operation and upon the term of the substantial occupancy permit. The issuance of a substantial occupancy permit pursuant to this section shall not relieve any person from obtaining any permits, certificates of occupancy and/or compliance, or similar permits or approvals as may be required by law. Any person conducting or operating, or causing or permitting the operation of, any use or business pursuant to a substantial occupancy permit granted pursuant to this section shall comply with the terms and conditions of such substantial occupancy permit.

F. Where the Board of Appeals conducts a public hearing on a permit application pursuant to this section, public notice of said hearing shall be published in a newspaper of general circulation in the Village at least five days prior to the date thereof, and the applicant shall mail notice of such hearing in the same time and manner as required for applications to the Board of Appeals for variances.

G. Each decision of the Board of Appeals pursuant to this section shall be filed in the office of the Village Clerk promptly after such decision is rendered, and a copy thereof mailed to the applicant.

H. Compliance with State Environmental Quality Review Act. A substantial occupancy permit required by this section shall be deemed to be a Type II action pursuant to the New York State Environmental Quality Review Act pursuant to Article 8 of the Environmental Conservation Law and its implementing regulations, and no environmental assessment form shall be required for such substantial occupancy permit application. Notwithstanding the foregoing, the Board of Appeals may consider any relevant environmental factor in making its determination whether to approve a substantial occupancy permit, or whether to impose conditions upon any approved substantial occupancy permit.