[Amended 11-20-1967 by Ord. No. 67-9; 11-20-1967 by Ord. No.
67-10; 7-13-1987 by L.L. No. 4-1987; 12-9-1991 by L.L. No.
12-1991]
[Amended 3-24-2003 by L.L. No. 3-2003]
A.
Where a special use permit is required, no building
permit or certificate of occupancy shall be issued by the Superintendent
of Buildings except upon authorization of and in conformity with the
terms and conditions of the special use permit approval.
B.
In all cases where a variance is required, the applicant
shall first apply to the Village Board of Trustees for approval of
the special use. Any special use permit approval will be conditional
upon the grant of necessary variances by the Board of Zoning Appeals.
C.
A determination regarding the proposed special use
permit by the Nassau County Planning Commission must be submitted
prior to the public hearing unless the Commission provides a nonjurisdictional
letter.
D.
Preliminary review by the Superintendent of Buildings of the complete special use permit submission is required. The Superintendent will prepare a report to the Board of Trustees which will address the criteria set forth in Subsection I of this section. A copy of said report shall be provided to the applicant.
E.
Fees.
(1)
All submissions for special use permit approval
shall be accompanied by a fee as established by the Board of Trustees
to compensate the Village for its costs of review, including retaining
consultants and for expert opinions as may be deemed necessary by
the Village.
(2)
Such fees do not cover the cost of the review
by the Village of an environmental assessment form (EAF) or the preparation
and review of an environmental impact statement (EIS), if an EIS is
deemed to be necessary. The applicant shall be responsible for the
total cost of any environmental review that is determined by the Village
to be necessary to meet the requirements of the State Environmental
Quality Review Act (SEQRA).
F.
Prior to a special use permit application being referred
to the Board of Trustees for a public hearing:
(1)
The application for special use permit review
will not be deemed accepted by the Village and will not be referred
to the Board of Trustees for a public hearing until the Superintendent
of Buildings determines it to be complete in accordance with the provisions
of this section. The Building Department, in consideration of the
criteria for special use permit review, shall determine whether additional
documents, engineering studies, surveys, site plans, landscape plans,
or other submissions are to be provided by applicant so as to constitute
a complete submission for review by the Board of Trustees.
(2)
No application shall be deemed complete until
it meets the SEQRA requirements as deemed necessary by the Village.
G.
The following must be submitted in an application
for a special use permit review:
(1)
A completed special use permit application on
forms provided by the Village together with each attachment thereto
which constitutes part of the applicant's submission.
(2)
In a separate document, applicant will set forth
the name and address of the applicant, the owner, and the licensed
professional(s) engaged to work on the project. Where the applicant
or owner is a corporation, this document shall include the names and
addresses of all directors and stockholders.
H.
Scheduling of public hearing and service requirements.
(1)
The report of the Superintendent of Buildings
must be filed with the Village Clerk. The report will contain a statement
that the application for special use permit is complete with respect
to all submission requirements, including filing of documents pursuant
to SEQRA regulations. The report shall also state that a copy thereof
has been served upon the applicant or the applicant's representative.
(2)
Scheduling of public hearing. Upon filing of the report of Superintendent of Buildings, the special use permit application shall be scheduled for a public hearing. The public hearing will be scheduled to review the special use permit application in accordance with the criteria set forth in Subsection I herein and Village Law § 7-725-b.
(3)
Upon setting a date for the public hearing,
a notice of the hearing shall appear in the official newspaper of
the Village for two consecutive weeks.
(4)
For its review of the special use permit application,
the Board of Trustees shall act as lead agency and comply with the
provisions of SEQRA and shall complete its SEQRA review in coordination
with the public hearing.
(5)
In addition to the requirements of Subsection F herein, the special use permit application will not be considered complete until the applicant has provided to the Village Clerk:
(a)
The following documents:
[1]
Ten copies of a completed special use permit
application and its attachments, using forms provided by Village.
[2]
Ten copies of a radius map depicting all properties
within 200 feet of the subject property boundary lines showing the
size of said properties with the Lynbrook Tax Map section, block and
lot of each said property clearly noted. This radius map must also
note any Town of Hempstead, County of Nassau, State of New York, or
sister Village boundary or property line within 500 feet of the subject
property as described in General Municipal Law § 239-m.
[3]
Ten copies of a complete and accurate list of
the names and addresses of the owners of all properties within a radius
of 200 feet of the boundary lines of the property affected by the
application.
[4]
One original conflict of interest disclosure
statement on forms provided by Village.
(b)
A notice using a form provided by the Village
to be sent to each property owner in the manner described below, signed
by the applicant, his agent or attorney, identifying the subject property,
stating the relief requested and the date, time and place fixed by
the Board for a hearing.
[1]
This notice shall be served upon every owner
of property within the two-hundred-foot radius of the boundary lines
of the subject property in the following manner:
[a]
By certified mail, return receipt
requested, to each property owner whose property abuts the subject
property.
[b]
By first class mail addressed to
every other property owner within said two-hundred-foot radius at
their residence addresses.
[c]
By first class mail to the county,
town or such Village whose boundaries or property is within a five-hundred-foot
radius of the boundaries of the subject property.
[2]
Each of the aforesaid notices shall be mailed
not less than 10 days nor more than 20 days before the date set for
the public hearing.
[3]
An affidavit of service with respect to said
mailings shall be filed in the office of the Village Clerk at least
five days before the date of the public hearing. The certified mailing
receipts shall be filed with the Village Clerk's office two days before
the public hearing.
I.
General criteria for special use permit review.
(1)
In reviewing an application for special use
permit approval, the Board of Trustees shall first consider the findings,
requirements and recommendations included in the report of the Superintendent
of Buildings and the report of any other department head.
(2)
The Village Board shall next consider the following:
[Amended 7-28-2003 by L.L. No. 6-2003]
(a)
The relationship and compatibility of the proposed
special use with the surrounding neighborhood; and whether the special
use would have any negative economic, social, natural or physical
effect on the surrounding neighborhood, any Village residents, or
the Village as a whole.
(b)
Whether the proposed special use will have a
materially adverse aesthetic impact such as to negatively affect the
economic, social, physical or material assets or character of the
surrounding properties or the Village as a whole.
(c)
Whether a limitation of the time during which the special use permit will remain in effect would be reasonably required for a reevaluation of the impacts of the special use upon the neighborhood, Village residents, or the Village as a whole considering the nature of the special use and its effects on the neighborhood, Village residents and the Village as a whole applying the criteria of Subsection I of this section.
(d)
Environmental considerations under SEQRA regulations,
the preservation of natural resources, and the preservation and/or
replacement of trees.
(e)
Traffic impact, if any.
(f)
Conformance with Village zoning and land use
controls to the extent that:
(g)
The health, safety and welfare of Village residents.
J.
Determination by Board of Trustees.
(1)
At the conclusion of the public hearing, the Board of Trustees may, within its discretion, impose such conditions as it may deem necessary considering the criteria set forth in Subsection I.
(2)
The Board of Trustees shall act on the special
use permit application by a majority of the Board in a written decision
to either approve, disapprove or approve with conditions.
(3)
If the special use permit application is disapproved, the Board of Trustees' decision shall state specific reasons for its decision. The reasons must be based upon the criteria set forth in Subsection I and may not be based upon generalized community opposition to the application.
(4)
Upon approval or approval with conditions, the
Superintendent of Buildings shall be authorized to issue the appropriate
permit if the applicant conforms to all applicable conditions.
K.
Costs for review. Reasonable costs incurred by the
Building Department or Board of Trustees for private consultation
fees or other extraordinary expense in connection with the review
of the proposed special use permit shall be charged to the applicant.
Such costs shall be in addition to the application fee required. Payment
of said costs may be required upon review of the special use permit
application submissions by the Superintendent of Buildings in advance
to cover the anticipated costs of such consultant review and other
related review expenses.
[1]
Editor's Note: Former § 252-117,
Imposition of special conditions, was repealed 3-24-2003 by L.L. No.
4-2003.
[Added 4-19-1993 by L.L. No. 5-1993;
amended 11-18-1996 by L.L. No. 8-1996; 7-21-1997 by L.L. No. 2-1997; 8-22-2005 by L.L. No.
7-2005]
A.
The Board of Trustees may authorize the use of the
entire property for an adult home as defined by Social Services Law
§ 2. Subdivision 25, and/or an enriched housing program
as defined by Social Services Law § 2. Subdivision 28, as
a special permit, provided that:
(1)
The property is situated entirely within a Commercial
District.
(2)
The property is at least 40,000 square feet
in total area.
(3)
The property does not front on more than one
Village street.
(4)
The Board finds that the health, safety and
general welfare of the public is not adversely affected.
B.
Conditions and restrictions. The Board may impose
any or all of the following conditions and restrictions on the use
of the property. The Board of Trustees may impose such coverage restrictions,
height restrictions, off-street parking restrictions and any other
land use restrictions or conditions which, in it's opinion, are necessary
to protect the health, safety and general welfare of the community,
including the addition of appropriate vegetative buffers between parcels.
C.
D.
Grant of permit.
(1)
The Board of Trustees may grant the permit hereunder,
provided that the foregoing conditions are met, and provided that
it affirmatively finds, based upon substantial evidence in the record,
that the proposed use of the property or the erection, alteration
or maintenance of an existing or proposed structure will not create
a hazard to the health, safety, morals or general welfare.
(2)
The standards set forth herein are not exclusive
of other considerations, including environmental matters, relating
to health, safety and general welfare, all of which shall be considered
by the Board of Trustees in determining whether to issue the special
permit.
E.
As a condition to the issuance of any permit hereunder,
the Board of Trustees may require the posting of a bond or other security
in such form that shall be approved by the Village Attorney and in
an amount sufficient for one or more of the following purposes:
(1)
To insure the conformity of all improvements
on the property with the plans approved by the Board.
(2)
To recompense the Village for services of any
professional assistance or consultants retained in considering the
proposed use or any plans or proposals in respect thereto.
(3)
In the event that the proposed construction
or improvements fail to meet the requirements of this article, including
the conditions imposed by the Board of Trustees, the applicant shall
restore the lot to a safe and sightly condition.
F.
To the extent not authorized by this article or by
the terms of the permit issued by the Board of Trustees, the other
provisions of this chapter applicable to uses, site plans, etc., in
the Commercial District shall apply to the entire property, irrespective
of the zoning.
G.
Any judicial proceeding to review any determination
of the Board of Trustees made hereunder shall be brought pursuant
to the Civil Practice Law and Rules, Article 78, within 30 days of
the filing of the decision of the Village Clerk's office.
[Added 4-18-1994 by L.L. No. 4-1994]
The Board of Trustees may, after public notice
and hearing, hear and decide an application to permit an amusement
center to maintain more than two licensed amusement center games,
subject to the following conditions and restrictions:
A.
The subject property must be located entirely within
an industrial zoning district of the Village.
B.
No part of the subject property may be located less
than 1,000 feet from a public library, a house of worship or a public,
private or parochial school that is licensed by the Education Department
of the State of New York.
C.
No part of the subject property may be located less
than 200 feet from the boundary of any residential zoning district.
D.
The amusement center game use must be accessory and
secondary to a permitted recreational use, and such recreational use
must be the primary use conducted on the subject property.
E.
No special permit may be granted hereunder unless the subject premises contains more than 2,500 square feet of ground floor usable public area (as defined in Chapter 66, Amusements), as determined by the Superintendent of Buildings.
F.
The total number of amusement center games (including video games as determined pursuant to Subsection G) shall not exceed the lesser of:
(1)
One game for each 150 square feet of ground floor usable public area (as defined in Chapter 66, Amusements), as determined by the Superintendent of Buildings;
(2)
One hundred amusement center games; or
(3)
Such other lesser number as the Board of Trustees
in its discretion may establish as the maximum number of permitted
amusement center games.
G.
The number of video games (as defined in Chapter 66, Amusements) shall not exceed the lesser of:
(1)
One game for each 150 square feet of ground floor usable public area (as defined in Chapter 66, Amusements), as determined by the Superintendent of Buildings;
(2)
Fifty video games; or
(3)
Such other lesser number as the Board of Trustees
in its discretion may establish as the maximum number of permitted
video games.
H.
All video games and pinball machines approved hereunder
shall be located in a single and separate area located in the interior
of the building on the subject property, and the applicant shall designate
an individual as a monitor who shall supervise the use and operation
of the video and pinball machines.
I.
No alcoholic beverages of any kind may be sold, distributed
or permitted on the premises of an amusement center that receives
a special use permit hereunder.
J.
In granting an application for a special use permit,
whether in whole or in part, the Board of Trustees may impose any
special conditions it deems appropriate. Without limitation, the Board
of Trustees may prohibit specified types of amusement center games
in order to protect the public health, safety and general welfare.
K.
The Board of Trustees may grant a special use permit
hereunder, provided that the foregoing conditions and restrictions
are met and further provided that the applicant demonstrates by clear
and convincing evidence on the record, and the Board of Trustees affirmatively
finds, that the proposed use of the property will not be dangerous
or detrimental to the public health, safety or general welfare and
will not adversely affect adjacent and nearby properties. In making
its determination, the Board of Trustees may also take into consideration
any other factors it deems relevant.
L.
A special use permit issued hereunder shall expire two years after the time of its issuance, unless sooner terminated as set forth in Subsection M or otherwise terminated by law. Application to renew the special use permit may be made to the Board of Trustees in the same manner as an original application under this section.
M.
The Board of Trustees may revoke a special use permit prior to its expiration for a violation of any of the terms or conditions of the decision granting the special use permit or of any provision of Chapter 66, Amusements, or if the use of the property is or becomes dangerous or detrimental to the public health, safety or general welfare. Without limitation, reports of the police and other Village departments and other law enforcement agencies shall be relevant to the Board's determination as to whether the use of the property has become dangerous or detrimental to the public health, safety or general welfare.
N.
The interior or exterior area of an amusement center
may not be increased or decreased at any amusement center receiving
special permit approval hereunder without the prior approval of the
Board of Trustees.
O.
A special use permit granted hereunder shall expire
and be of no further force or effect one year after it is granted
unless within such period of time a permit is validly issued by the
Department of Buildings and construction or use is legally commenced
in accordance with the decision granting the special use permit.
P.
No request for a special use permit hereunder may
be granted unless the premises is in compliance with the off-street
parking requirements and building height limitations as set forth
in this chapter, without the necessity of a variance.
Q.
If any part or parts of this section are for any reason
held to be invalid, such decision shall not affect the validity of
the remaining portions of this section. The Board of Trustees hereby
declares it would have enacted this section and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases
might be declared invalid.
R.
In the event that the Board of Trustees grants a special
permit hereunder, prior to issuance of a certificate of occupancy,
the applicant shall provide a declaration of covenants and restrictions
executed by the applicant and the owner of the real property, in recordable
form acceptable to the Village Attorney, consenting to all of the
terms and conditions of the decision granting the special use permit
and the requirements of this section.
[Added 11-6-1995 by L.L. No. 14-1995]
Adult uses shall be allowed in an industrial
district only as a special exception by the Board of Trustees after
public hearing.
A.
Purposes and consideration.
(1)
The Board of Trustees recognizes that there
are some uses which, due to their very nature, have serious objectionable
characteristics. The objectionable characteristics in these uses are
further heightened by their concentration in any one area, thereby
having deleterious effects on adjacent areas. Special regulation of
these uses is necessary to ensure that these adverse effects will
not contribute to the blighting or downgrading of the surrounding
neighborhoods or land uses.
(2)
It is further declared that the location of
these uses in regard to areas where our youth may regularly assemble
and the general atmosphere surrounding their operation is a matter
of great concern.
(3)
These special regulations as set forth in this
section are to accomplish the primary purposes of preventing a concentration
of these uses in any one area and restricting their accessibility
to minors.
B.
ADULT BOOKSTORE
ADULT ENTERTAINMENT CABARET
ADULT MOTEL
ADULT THEATER
MASSAGE ESTABLISHMENT
PEEP SHOWS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes and which establishment is customarily not open
to the public generally but excludes any minor by reason of age.
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
A motel which is not open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slide shows or videotapes, which if presented in
a public movie theater, would not be open to the public generally
but would exclude any minor by reason of age.
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist or barbershops or beauty salons in which
massages are administered only to the scalp, face, neck or shoulders.
This definition also shall exclude health clubs which have facilities
for physical exercise, such as tennis courts, racquetball courts or
exercise rooms and which do not receive their primary source of revenue
through the administration of massages.
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
C.
The adult uses as defined in Subsection B above are to be restricted as to location in the following manner in addition to any other requirements of this chapter:
(1)
Any of the above uses shall not be located within
a five-hundred-foot radius of any use district that permits one- or
two-family dwellings.
(2)
Any of the above uses shall not be located within
a one-half-mile radius of another such use.
(3)
Any of the above uses shall not be located within
a one-thousand-foot radius of any school, church or other place of
religious worship, park, playground or playing field.
D.
No more than one of the adult uses as defined above
shall be located on any one lot.
[Added 2-4-2002 by L.L. No. 1-2002]
A.
A home business may be permitted in a Residence A,
B or C District as an accessory use to a dwelling pursuant to a special
use permit granted by the Board of Trustees after a duly noticed public
hearing.
B.
Legislative purpose. The Board of Trustees has found
that the operation of a business, other than a home office, in a dwelling
has the potential to substantially impact the residential character
of a neighborhood in a negative manner. Accordingly, such business
shall only be permitted under such conditions as will sufficiently
mitigate such negative impacts and as will adequately preserve the
residential qualities of the subject dwelling and the surrounding
neighborhood.
C.
Application for a special use permit. An application
for a home business special use permit shall be made upon such forms
as required by the Office of the Village Clerk, the filing of a plan
for the business space, and the proposed parking spaces.
D.
Requirements for a special use permit. A special use
permit may not be issued unless the Village Board finds that:
(1)
The home business will not occupy more than
500 square feet in the dwelling.
(2)
Access for the home business shall be exclusively
from a county or state road.
(3)
The dwelling's lot has one off-street parking
space for the resident business operator and one for each employee.
The required parking plan must be consistent with the residential
character of the neighborhood in terms of size, design and screening.
Additionally, the business shall not result in the parking of more
than three visitor vehicles at one time on the property or in the
street.
(4)
The exterior of the dwelling shall not be modified
in any manner to accommodate the home business or in a manner that
is inconsistent with the residential character of the neighborhood.
(5)
The business signage is limited to a name plate
with dimensions of no more than 18 inches by nine inches. The appearance
of such sign shall be consistent with a residential character.
(6)
There shall be no display of the business work
or product outside of the building and there shall be no outside storage
of materials or equipment associated with the business. "Outside storage"
is intended to mean storage outside of the permitted five-hundred-square-foot
business space within the dwelling, or within a garage or within a
shed, or any shed-like structure.
(7)
The proposed business shall not create a hazard
to health, safety, morals or the general welfare.
E.
The grant of a special use permit shall:
F.
The provisions of § 252-3 shall apply to this section to the extent that it provides that the lawful home business use of any building existing at the time of the enactment of this section may be continued. However, upon the discontinuance of the nonconforming use, such use may no longer be continued.
[Added 7-28-2003 by L.L. No. 6-2003]
A.
Legislative findings. While a tiered parking garage
is generally unacceptable in a suburban setting, the Board of Trustees
has found that the continually growing demands for additional commuter
parking and additional retail parking in the downtown district of
the Village of Lynbrook require that, upon certain mandatory conditions
as set forth herein, such structures should be permitted.
B.
A tiered parking garage may be permitted in a Commercial
District pursuant to a special use permit granted by the Board of
Trustees after a duly noticed public hearing.
C.
Such a permit shall not be granted unless the Board
of Trustees shall find that:
(2)
The proposed parking garage includes only one
level above grade.
(3)
The location, design and intended purpose of
such garage would be primarily to provide public commuter and retail
parking spaces.
(4)
The proposed structure meets the requirements
of generally accepted architectural and engineering standards.
(5)
The proposed structure shall meet the criteria set forth in § 252-116I(2)(a) through (g).
D.
Review by architect or engineer.
(1)
(2)
The recommendations of the architect or engineer
shall be in writing.
(3)
A copy of said recommendations shall be promptly
provided to applicant or applicant's representative.
