On application supplementing an application to the BDA for a building permit or a certificate of occupancy as the case may be, the Planning Board shall have the power to grant a special use permit for any of the uses specified in Articles XIII, XIV and XV of this chapter as requiring special use permits in the particular district.
Every special use permit shall be in full conformity with the general standards enumerated below and in § 280-45 of this chapter and with the specific standards applicable to the particular special permit use or exception under consideration, and with any other considerations, procedural or otherwise, that are specified in this chapter.
Special use permits may be permitted in the
district specified, provided that the Board shall determine in its
judgment that:
A.
It is reasonably necessary for the public health or
general interest and welfare.
B.
It is appropriately located with respect to transportation
facilities, water supply, fire and public protection facilities, waste
disposal and similar facilities.
D.
Neighborhood character and surroundings and property
values are reasonably safeguarded and the use will not cause undue
traffic congestion or hazard.
E.
In the interest of preserving the balance of businesses and ensuring the success of all nonresidential uses requiring special permit uses in Glen Cove, the applicant shall prepare a narrative that demonstrates the following: the market potential for the proposed use, location of businesses within the specific zoning district that offer similar services and peak times of service. This information shall be used to estimate the likelihood of success and potential economic viability for the new business. The Planning Board shall consider this in conjunction with criteria in § 280-20 before a permit may be issued.
[Added 3-13-2001]
B.
Notice of the public hearing specifying the relief
requested, on a form required by the Board, shall be sent by mail
to each owner or occupant of all parcels of property located within
a radius of 300 feet measured from all points of the subject property
lines by certified mail, return receipt requested. Said notice shall
be postmarked no sooner than 20 days and no later than 10 days prior
to the date set for the public hearing. An affidavit of mailing, together
with the certified letter postal receipts, shall be filed with the
Board. For lots within 500 feet of a municipal boundary, notice shall
be mailed in the above-prescribed form to the clerk of the adjacent
municipality. The hearing date shall also be advertised by posting
of a sign stating the time, date and place of the public hearing to
be held on the property which is the subject of an application. The
sign shall be posted at least 10 days prior to the date of the hearing.
The sign shall be visible from adjacent rights-of-way. If the subject
property is on more than one right-of-way, a sign shall be posted
facing each right-of-way. If the sign is destroyed or removed from
the property, the owner of the subject property shall be responsible
for replacing it. Ten days prior to the public hearing, the owner
of the subject property shall execute and submit to the Department
of Planning an affidavit of proof of the posting of the public notice
sign(s) according to this subsection. If the owner of the subject
property fails to submit the affidavit, the public hearing will be
postponed until after the affidavit has been supplied.
[Amended 11-27-2001; 8-24-2010]
[Added 3-13-2001[1]]
If a special permit use is closed for one year
or more, the special permit shall expire.
