[Added 7-14-1986 by L.L. No. 1-1986; amended 8-18-1986 by L.L. No.
2-1986]
The provisions of this article shall apply to the Residence
R District.
In the Residence R District, a building may be erected, altered
or used or a lot or premises may be used for the establishment, maintenance
and operation of a family guidance center solely for outpatient social
services, counseling of behavior problems and emotional maladjustment
in children and their parents, and the psychotherapeutic treatment
of children and their parents; to make available to the public information
concerning mental health; and to cooperate with governmental and private
agencies concerned with the mental health of children and their parents,
provided that the same is operated by an association, not-for-profit
corporation or membership corporation not operating as a gainful business
and shall be a tax-exempt organization pursuant to the Internal Revenue
Code, as evidenced by a ruling or determination from the Internal
Revenue Service.
The Village Board of Trustees, in addition to the powers and
duties set forth in the Village Law and as hereinafter set forth in
this article, may, in a specific case after public notice and hearing
and subject to appropriate conditions and safeguards, authorize the
issuance of a conditional use permit in harmony with the general purpose
and intent as provided for herein.
A.
In the consideration and determination of applications for conditional
uses, the Board of Trustees shall consider the following general standards
applied to the specific application:
(1)
The purposes of zoning as set forth in the Village Law of the
State of New York and uses permitted in the district in which the
property is located.
(2)
Whether the proposed use is of such character, size, location,
design and site layout as to be appropriate to and in harmony with
the surrounding properties and that the same is landscaped and appropriately
buffered.
(3)
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community and to its general welfare and that
environmental compatibility is assured.
(4)
Whether the proposed use will be hazardous, conflicting or incongruous
to the immediate neighborhood by reason of excessive traffic, assembly
of persons or vehicles, proximity to travel routes or congregations
of children or pedestrians.
(5)
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, lights or other
factors of impact, including hours of use.
(6)
Whether the proposed use will be a harmonious use in the district
in which it is to be situated and not hinder or discourage the appropriate
use and development of adjacent uses or impair the value thereof,
and that all of the structures on the site are and shall be readily
accessible to fire and police services and that said structures comply
with the Village Building Code and the State of New York Building
and Fire Code.[1]
(7)
In addition to the foregoing, the Board of Trustees shall, either
by its own study and investigation or based upon study and investigation
and recommendation of the Village Planning Board, determine the nature
and intensity of the proposed use, the proposed site layout and its
relation to adjacent properties, street access, vehicular traffic
flow, sight distance and pedestrian traffic pattern in order that
traffic and other hazards be controlled to provide maximum safety.
B.
If the Board of Trustees shall determine that the conditional uses
provided in this article will conform to the general character of
the neighborhood to which the proposed use will apply and that the
public health, morals, safety and general welfare of such neighborhood
will be secure by the granting of such use, subject to safeguards
imposed by the Board, then the Board shall authorize the issuance
of a permit pursuant to this article. Such permits may be granted
for a temporary period or permanently, as determined by the Board,
and if granted for a temporary period, application for extension of
the same shall be subject to a public hearing as required in the original
application.
C.
Before an application for a conditional use may be heard by the Board,
a complete and accurate list of the names and addresses of the owners
of all the lands within a radius of 200 feet of the property affected
by such application as appears on the latest completed assessment
roll of the County of Nassau shall be submitted simultaneously with
the application. The applicant shall send, by registered or certified
mail, to each owner shown on said list, not less than 10 days nor
more than 20 days before the date set for a hearing upon this application,
a notice addressed to such owners generally, signed by the applicant,
identifying the property affected thereby and setting forth the use
requested and the date, hour and place fixed by the Board of Trustees
for the hearing thereon. Before such case may be heard by the Board,
the applicant must file with the Clerk of the Village, not later than
five days prior to the hearing date, an affidavit of the mailing of
such notices as herein provided, said affidavit to be made on forms
to be provided by the Board. This provision shall likewise apply to
any application for the extension of a temporary conditional use.
D.
If the Board of Trustees finds that, in an application for a conditional
use permit provided for in this article, the proposed and requested
use in said application does not conform to the general character
of the neighborhood to which the proposed use is to apply and that
the public health, morals, safety and general welfare of such neighborhood
will not be served by granting such conditional use, the Board shall
deny such application, anything to this article to the contrary notwithstanding.
E.
If upon an application for extension of a temporary conditional use
permit the Board finds that the applicant has violated the conditions
imposed in the granting of the same or if the Board finds that, because
of a change in the general character of the neighborhood, the public
health, safety, morals and general welfare shall be adversely affected
by the extension of such temporary conditional use permit, then the
Board may deny the application for extension of such conditional use,
anything in this article to the contrary notwithstanding.
F.
Violation of any conditions imposed by the Board of Trustees in granting
the conditional use permit shall be grounds for the revocation of
said permit after a public hearing at which evidence of such violation
shall be introduced.
