The Board of Appeals shall make rules as to the manner of filing appeals and applications for variances or for special exceptions.
After filing with the Board of Appeals, and payment of the requisite fees, of an appeal for a variance or of an application for special use, the Board of Appeals shall fix a time and place for a public hearing thereon and shall give notice thereof by publishing a notice thereof in accordance with the Town Law.
[Effective 7-10-2011]
In any case filed with the Board of Appeals not involving single-family or two-family detached residential use, and in addition to all other applicable requirements, the following regulations shall apply to public hearings thereon:
A.
Notice of the hearing shall be made by the applicant or the applicant's authorized representative, utilizing a form approved by the Board of Appeals.
B.
The notice shall be mailed to owners of all property directly abutting the subject premises, by certified mail, return receipt requested, to their last known address. Additionally, the notice shall be mailed by first-class mail to owners of all other properties within a three-hundred-foot radius of the subject premises. All mailings shall be made at least 21 days and not more than 28 days prior to the date of hearing.
C.
Additionally, notice shall be provided by conspicuous posting of a sign or signs. A sign shall be located in each front yard setback of the subject premises or, if there is no such setback, then on the front wall of the building. The sign shall be in place not less than 21 days prior to the scheduled hearing date and shall continue in place until after conclusion of the hearing. The sign shall be subject to physical standards to be determined by the Board of Appeals, and those standards shall include the following minimum requirements:
(1)
The visible face of the sign shall be not less than 24 square feet in area;
(2)
The sign shall provide the words "NOTICE OF PUBLIC HEARING" and the date, place and time of the hearing in letters that are black and at least six inches high;
(3)
The sign shall set forth the type of relief requested before the Board of Appeals, in a manner approved by the Board; and
(4)
The background color of the face of the sign shall be either bright orange or bright yellow.
D.
Proof of compliance with all the above shall be provided by submission of an affidavit acceptable to the Board of Appeals, and failure to abide by these rules may be grounds for adjournment of the public hearing by the Board of Appeals, pending compliance herewith.
[Effective 4-24-1972]
Every variance, or application for a special exception or special use, granted by the Board of Zoning Appeals in pursuance of the provisions of this ordinance shall become null, void and of no further force and effect, unless:
A. A permit shall have been issued pursuant thereto within four months after the filing with the Town Clerk of the decision of the Board of Zoning Appeals;
B. The use so granted shall have been actually commenced upon the premises, or the erection and construction of the principal building or structure, for the construction or use of which a variance or special exception or special use shall have been granted by the Board of Zoning Appeals, shall have been actually commenced within four months after issuance of permit; provided, however, that excavation for a building foundation shall not be deemed a commencement of the erection of such building or structure within the meaning of this section; and
C. The erection and construction of any such principal building or structure shall have been completed and a certificate of occupancy shall have been issued within two years after the date of the issuance of the permit therefor.
[Effective 4-24-1972; 5-5-1985]
The Board of Zoning Appeals may, for good cause shown, grant a longer period of time for the issuance of a permit, commencement of construction and completion of a building or structure in pursuance thereof, than that herein provided either upon the granting of the variance or application for special uses or, thereafter, upon application made to it for such extension; provided, however, that such application shall be made before or within one year after the time for the issuance of a permit or commencement of the building or structure has expired. In determining whether good cause existed for such extension, the Board of Zoning Appeals shall consider, among other things, the nature and extent of the construction and the complexity thereof, practical difficulty tending to delay construction, availability of utilities, strikes, scarcity or labor or materials, war or acts of God.
The Board of Appeals may, after public notice and hearing, permit the following uses in the districts designated:
A.
In an A Residence District, AA Residence District, B Residence District or Levittown Planned Residence District (LPRD):
[Effective 12-24-1973; 10-31-1987]
(9)
Public utility buildings and structures.
(10)
Mother-daughter residences. Application requirements to the Board of Zoning Appeals set forth in §§ 257 and 267D(2)(c) of the Building Zone Ordinance shall not be applicable to mother-daughter residences.
B.
In a C Residence District:
(12)
Public utility buildings and structures.
(13)
Mother-daughter residences. Application requirements to the Board
of Zoning
Appeals set forth in §§ 257 and 267D(2)(c)
of the Building Zone Ordinance shall not be applicable to mother-daughter residences.
[Effective 12-24-1973]
C.
In a Business District:
(1)
Any permitted use whose vehicular access is limited to one or more two-lane roadways, and exceeds the following thresholds:
[Effective 4-27-2004; 8-30-2007]
(a)
Thresholds.
[1]
Single-family and two-family detached dwelling: 100 dwelling units.
[2]
Club, fraternity house or lodge: 25 employees.
[3]
Public school, parochial school, private school for instruction of elementary grades, academic grades, or both, chartered by the Board of Regents of the State of New York; college; university: 8,400 square feet.
[4]
Religious use: 8,500 square feet.
[5]
Philanthropic use, excluding a correctional institution: 15,000 square feet.
[6]
Hospital, sanatorium or a dormitory of an educational institution: 44,500 square feet.
[7]
Music school or dancing school: 17,400 square feet.
[8]
Agriculture, greenhouse and nursery: 10,000 square feet.
[11]
Office: 65,000 square feet; bank: 2,400 square feet.
[12]
Stores and shopping centers.
[a]
Shopping center: 20,150 square feet.
[b]
Supermarket: 9,300 square feet.
[c]
Convenience market: 1,300 square feet.
[d]
Video rental store: 3,200 square feet.
[e]
Pharmacy/drug store: 9,400 square feet.
[f]
All other stores for the sale, at retail, of articles to be used or consumed off the premises: 14,200 square feet.
[13]
Restaurant other than a diner, lunch wagon, drive-in restaurant, drive-in luncheonette, drive-in counter or drive-in refreshment stand: 5,000 square feet; fast-food restaurants: 1,850 square feet.
[15]
Carpenter, hand cabinetmaking, furniture repair or upholstery shop, electrical shop, hand metalworking, blacksmith, tinsmith, new and unused plumbing, gas, steam or hot-water fitting shop: 109,000 square feet.
[16]
Hand laundry, custom tailoring, hand dressmaking, shoemaking and repairing: 14,200 square feet.
[17]
Sale or repair of jewelry, watches, clocks or optical goods, musical, professional or scientific instruments: 16,100 square feet.
(b)
For the use of this subsection only, the above terms are defined as follows:
CONVENIENCE MARKET
A market that sells convenience foods, newspapers, magazines and beer, which does not sell gasoline.
FAST-FOOD RESTAURANT
A restaurant other than a diner, lunch wagon, drive-in restaurant, drive-in luncheonette, drive-in counter or drive-in refreshment stand, which sells prepared food over a counter and is characterized by a large carryout clientele, long hours of service, and high turnover rates for eat-in customers.
PHARMACY/DRUGSTORE
A retail facility that sells prescription and nonprescription medication. These facilities may also sell cosmetics, toiletries, medications, stationery, personal care products, limited food products, and general merchandise.
SHOPPING CENTER
An integrated group of establishments, comprised usually but not exclusively of retail and personal service establishments, that is planned, developed, owned and managed as a unit.
SUPERMARKET
A freestanding or attached retail store which sells an assortment of food, food preparation materials and household cleaning items.
(4)
Storage warehouses; express depots or yards; merchandise receiving or distributing depots or yards; storage of motor vehicles, boats, contractors' equipment, motor trucks or buses when not accessory to premises used primarily for the sale thereof; yards for storage or sale of coal or building materials.
(5)
Newspaper or job printing or bookbinding.
(6)
Places
of amusement or public assembly. However, the grant
of any cabaret use by the
Board of Zoning
Appeals shall be limited to the specific cabaret use applied for and approved by the
Board of Zoning
Appeals and no other cabaret use. This section shall apply to any cabaret use hereafter or previously granted by the
Board of Zoning
Appeals. For purposes
of this section, the term "cabaret" shall be the same as defined in Chapter 96
of the Code
of the Town
of Hempstead.
[Effective 3-31-1997]
(7)
Stores or salesrooms or open lots for the display or sale of used automobiles, whether or not maintained in connection with the sale or display of new automobiles.
(8)
Storage, sale or distribution of ice, coal, new or used lumber, used plumbing material or fittings, used household equipment or materials, used automotive parts, equipment or supplies, and live poultry.
(10)
Stores or shops for the sale of food, refreshments or other edibles or drink, which provide or make available any facility (including but not limited to parking or standing space on the premises for vehicles) for or permits the consumption of such food, refreshments or other edibles or drink on the premises outside the building or structure occupied by such store.
(11)
Hotels and motels.
[Effective 3-9-2004]
(12)
Machine-operated laundry or dry-cleaning establishments, whether the machinery is operated or controlled by personnel of the establishment or by customers thereof.
(14)
Diners, lunchwagons, drive-in restaurants, drive-in luncheonettes; drive-in lunch counters or drive-in refreshment stands.
(15)
Any use of the same general character as any of the uses expressly permitted in a Business District by this ordinance.
(16)
Accessory uses on the same lot with and customarily incidental to any use expressly permitted in a Business District by this ordinance or permitted pursuant to this section.
D.
In a Light Manufacturing District:
(1)
Places
of amusement or public assembly. However, the grant
of any cabaret use by the Board
of Zoning
Appeals shall be limited to the specific cabaret use applied for and approved by the Board
of Zoning
Appeals and no other cabaret use. This section shall apply to any cabaret use hereafter or previously granted by the Board
of Zoning
Appeals. For purposes
of this section, the term "cabaret" shall be the same as defined in Chapter 96
of the Code
of the Town
of Hempstead.
[Effective 3-31-1997]
(2)
Hotels and motels.
[Effective 3-17-1983; 3-9-2004]
(3)
A floor area ratio in excess
of 0.4 for any permitted use.
[Effective 8-5-1989]
(4)
Any facility for the processing or recycling
of putrescible or nonputrescible waste materials, located on property any part
of which is within 500 feet from any premises zoned Residence A or Residence B and actually improved with a single-family dwelling.
[Effective 5-8-2006]
E.
In an Industrial District:
(1)
Hotels and motels.
[Effective 3-17-1983; 3-9-2004]
(2)
Places
of amusement or public assembly. However, the grant
of any cabaret use by the Board
of Zoning
Appeals shall be limited to the specific cabaret use applied for and approved by the Board
of Zoning
Appeals and no other cabaret use. This section shall apply to any cabaret use hereafter or previously granted by the Board
of Zoning
Appeals. For purposes
of this section, the term "cabaret" shall be the same as defined in Chapter 96
of the Code
of the Town
of Hempstead.
[Effective 3-31-1997]
(3)
A floor area ratio in excess
of 0.4 for any permitted use.
[Effective 8-5-1989]
(4)
Any facility for the processing or recycling
of putrescible or nonputrescible waste materials, located on property any part
of which is within 500 feet from any premises zoned Residence A or Residence B and actually improved with a single-family dwelling.
[Effective 5-8-2006]
F.
In any district:
(1)
Parking fields, either public or private, for the parking of passenger vehicles only, but not for display or sale of automobiles.
(2)
Amusement-ride facilities on a temporary basis not to exceed 10 days' duration, except when amusement-ride facilities are conducted on the grounds and parking area immediately adjacent to the property
of the Nassau County Veterans Memorial Coliseum, in which event such amusement-ride facilities shall be permitted on a temporary basis not to exceed 17 days' duration
[Effective 5-8-1977; 4-24-1992]
(3)
Parking
of automobiles in the minimum area required for the front yard setback.
[Effective 9-12-1995]
(4)
Religious uses; private educational uses.
[Effective 8-30-2007]
G.
In the Edu-Cultural (E), Mitchel Field Hotel (MFH), Mitchel Field Office (MFO), (MFO-I) and (MFO-II), Business (X), Light Manufacturing (LM), Industrial (Y), Marine Commercial (MB), Marine Recreation (MC), Marine Resort (MD) and Urban Renewal Highway Commercial (URD-HC) and Planned Unit Development (PUD) Use Districts:
[Effective 12-16-1983; 5-17-1993]
(1)
Installation of dish-type satellite signal-receiving antennas.
H.
In a Marine Recreation District:
[Effective 6-26-1987]
(1)
Places
of amusement or public assembly, but only as an accessory use to an expressly permitted use pursuant to § 232.3B. However, the grant
of any cabaret use by the Board
of Zoning
Appeals shall be limited to the specific cabaret use applied for and approved by the Board
of Zoning
Appeals and no other cabaret use. This section shall apply to any cabaret use hereafter or previously granted by the Board
of Zoning
Appeals. For purposes
of this section, the term "cabaret" shall be the same as defined in Chapter 96
of the Code
of the Town
of Hempstead.
[Effective 3-31-1997]
[Effective 3-3-2016]
Any application which the applicant asserts to impact constitutionally protected freedom of expression shall have a preference over all other cases before the Board of Appeals in its review and scheduling of a public hearing, and the Department of Buildings, Department of Highways and Department of Engineering shall expedite all their ancillary functions with respect thereto, both prior to and after presentation to the Board of Appeals. The Board shall render its decision on a completed application in no more than 15 days after the hearing record is closed, or at the next hearing scheduled, whichever time is shorter (or at such other time as the applicant and Board may agree to). Nothing herein shall be construed to prevent an adjournment of the hearing by request of any aggrieved party for good cause shown, or to supersede or override any mandatory state fire and building code regulations, the State Environmental Quality Review Act, or any other applicable laws and regulations. If necessary, the applicant shall be entitled to expedited review in a court of competent jurisdiction, in an Article 78 proceeding or other judicial remedy.