Special permit uses are listed in Articles
IV and
V of this chapter. The special permit uses for which conformance to additional standards is required by this chapter are deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements of this chapter. All such uses are declared to possess such unique and special characteristics of such unique and special forms that each specific use shall be considered as an individual case.
The Board of Trustees shall be the approving agency for all
special permit uses.
All special permit uses shall comply with the following standards, in addition to the site plan standards of Article
IX of this chapter. The Board of Trustees shall attach such additional conditions and safeguards to any special permit as are, in its opinion, necessary to ensure initial and continual conformance to all applicable standards and requirements.
A. The location and size of the special permit use, the nature and intensity
of the operations involved in it or conducted in connection with it,
the size of the site in relation to it and the location of the site
with respect to streets giving access to it are such that it will
be in harmony with the appropriate and orderly development of the
area in which it is located.
B. The location, nature and height of buildings, walls and fences and
the nature and extent of existing or proposed plantings on the site
are such that the special permit use will not hinder or discourage
the appropriate development and use of adjacent land and buildings.
C. Operations in connection with any special permit use will not be
more objectionable to nearby properties by reason of noise, traffic,
fumes, vibration or other characteristics than would be the operations
of permitted uses not requiring a special permit.
D. Parking areas will be of adequate size for the particular special
permit use, properly located and suitably screened from adjoining
residential uses, and the entrance and exit drives shall be laid out
so as to achieve maximum convenience and safety.
E. The special permit use will not result in diminution of the value
of property in the neighborhood or a change in the character of the
neighborhood in which the use would be situated.
[Added 8-18-2005 by L.L.
No. 5-2005]
A. The Village Board may, in its discretion, waive, modify or alter
any required element needed for a special permit authorized under
this article when, in the judgment of the Village Board, such requirement
is not necessary for the protection of the public health, safety and
general welfare of the community.
B. Where the Village Board finds that, because of special circumstances
of a particular site, extraordinary hardships may result from strict
compliance with this article, the Village Board may, in its discretion,
vary the requirements so that substantial justice is done and the
public interest secured. Where the requirements are varied, the minutes
of the Board shall state the extraordinary hardship. In granting any
variation from the requirements under this article, the Village Board
shall attach such conditions as, in its discretion and judgment, are
necessary to substantially secure the objectives of the standards
or requirements so varied.
Application for a special use permit shall be accompanied by
a fee as listed in the Fee Schedule adopted by the Board of Trustees.
The following individual standards and requirements are hereby
established for special permit uses. They must, if applicable, be
met before issuance of a special permit.
[Amended 12-21-1988 by L.L. No. 13-1988]
A. To qualify for use as a private membership club, a lot must have
a minimum area of 20 acres and must have frontage on a collector road
as defined by this chapter.
B. In residential districts, all buildings, structures and recreational
facilities shall be set back from adjacent residential lot lines at
least twice the minimum yard requirement for residential buildings
in said district, except that the approving agency may permit a reduction
of this additional setback requirement where, because of topography,
the installation of additional buffer landscaping or fencing or the
particular nature of the use, any potential adverse external effect
of such use will be minimized.
C. The Board may permit the use of outdoor public address systems, provided
that no more sound shall carry beyond the limits of the club site
than would be inherent in the ordinary residential use of the property.
The permit may be contingent upon a demonstration by the applicant
of ability to meet this standard. Approval of such a system shall
be contingent on annual review by the Code Inspector.
D. No club shall be operated so as to create a nuisance to surrounding
properties. The Board of Trustees shall attach such conditions to
the permit and may require such fencing and/or equivalent landscaping
or other such facilities as are required to protect neighbors from
excessive light or noise or stray balls or other nuisances and hazards
which would be inherent in the operation of the club. No use of a
clubhouse or club site shall involve the discharge of firearms, bow
and arrow or any other dangerous weapon. The Board shall establish
such facilities as are necessary to protect neighboring properties
from stray missiles and excessive noise.
[Amended 7-5-1984 by L.L.
No. 17-1984]
E. The Board may reduce the parking requirements with respect to the
number of members or family memberships in any case where the maximum
anticipated number of cars at the club, because of its particular
type, location, hours of operation, capacity of club facilities or
other reason, would be less than the requirements of this chapter,
but not less than one space for each three memberships, provided that
the club facilities are so laid out that there are lawn areas or other
spaces of ample size that could accommodate temporary overflow parking
equivalent to the amount of reduction of the requirements.
F. The requirements of this chapter shall not be construed to prevent
the utilization or rental of such club or parts thereof for benefits
or performances for a recognized charity or for meetings of other
organizations.
G. In issuing a special permit for a private membership club, the Board
of Trustees shall specify the specific use or purpose of the club
and the maximum number of members, seating capacity or facility capacity
for which the approval is given.
[Amended 7-5-1984 by L.L.
No. 17-1984]
[Added 12-21-1988 by L.L.
No. 13-1988]
A. Such use shall comply with all licensing, site area and dimensional
requirements established for such establishments by the New York State
Department of Social Services.
B. The lot proposed for such use shall comply with all dimensional requirements of this chapter listed in §
290-37 herein.
C. A suitable, safe, fenced or other enclosed play area shall be provided,
located not less than 50 feet from any street line or 25 feet from
any lot line. The play area shall include at least 200 square feet
per child. No play area may be in any required front yard.
D. A buffer area of at least 10 feet in width, containing evergreen
landscaping and/or fencing as, in the judgment of the Board of Trustees,
will be adequate to screen the use from the neighboring residential
area may be required along all adjoining residential property boundaries.
E. The operator of the establishment must be a resident of the dwelling
unit in which the use is conducted.
[Amended 11-7-1985 by L.L. No. 6-1985; 12-21-1988 by L.L. No. 13-1988]
A. A church, synagogue or similar place of worship or parish house is
permitted as a special permit exception by the Board of Trustees,
provided it finds:
[Amended 11-30-2006 by L.L. No. 4-2006; 6-25-2009 by L.L. No. 1-2009]
(1) It is a bona fide religious use.
(2) The proposed structure meets all of the New York State requirements
for a place of public assembly, including applicable building and
fire prevention codes.
(3) In residential districts, such use shall be located on a lot which
contains at least twice the minimum lot size required for a one-family
detached dwelling of the district in which it is located and which
meets all other dimensional requirements of said district. In the
LO District, such use shall be located on a lot which conforms to
all district requirements.
(4) Such use shall have frontage on a collector road as defined in this
chapter.
B. In addition to the requirements for site plan submission, a floor
plan of any existing or proposed building or structure shall be submitted
along with the maximum occupancy requested for each building, structure
or facility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. The Board of Trustees, insofar as practicable, may impose such restrictions
and regulations which would avoid or minimize traffic hazards and
the impairment of the use, enjoyment or value of property in the surrounding
area, as well as the deterioration of the appearance of the surrounding
area.
[Added 11-7-1985 by L.L.
No. 6-1985; amended 12-21-1988 by L.L. No. 13-1988]
A. To qualify for use as a school, a lot:
[Amended 12-22-2014 by L.L. No. 4-2014]
(1) Must
have a minimum area of 10 acres, not including any areas of wetlands
and/or steep slopes; and
(2) Must
have frontage on and practical access to a collector road.
B. In residential districts, all buildings, structures and recreational facilities shall be set back from adjacent residential lot lines at least twice the minimum yard requirement for residential buildings in said district, except that the Planning Board may permit a reduction of this additional setback requirement where, because of topography, the installation of additional buffer landscaping or fencing or the particular nature of the use, any potential adverse external effect of such use will be minimized. Buildings and structures shall meet all other requirements of §
290-37, Table of Dimensional Requirements, for the district in which they are located.
C. Such school shall comply with all licensing, site area and dimensional
requirements established for such school by the New York State Department
of Education.
D. On Route 45, a facility that provides education and/or training for physically or mentally disabled persons may be determined by the Board of Trustees to be a school notwithstanding the definition of "school" as set forth in §
290-3, as amended, and provided that such facility is sponsored, operated and administered by a not-for-profit corporation approved by the applicable state agency having authority therefor. Child-care facilities for staff and students may be permitted on the lot. No residential facilities, dormitories or other housing accommodations shall be permitted in connection with this use.
[Added 5-28-1998 by L.L.
No. 1-1998]
[Added 3-27-2017 by L.L.
No. 1-2017]
An applicant who has obtained, or is in the process of actively
seeking, a special permit use for a school from the Village Board
of Trustees, and who has obtained, or is in the process of actively
seeking, an approved site plan for a permanent school building on
a parcel, may apply for an interim school building use on said parcel,
subject to the following:
A. When practicable, the application for site plan approval for the
permanent school building, and the application for an interim school
building use, shall be reviewed contemporaneously under the State
Environmental Quality Review Act (SEQRA).
B. Allowable structures. Interim school building uses may be housed
in modular buildings, prefabricated buildings, or stick-built buildings
("allowable structures"), provided such structures are placed on an
approved foundation or slab support and built in accordance with all
applicable building and fire codes. Accessory structures, such as
sheds, porticos, decks, patios or storage buildings, other than those
which are shown to be necessary to the interim school use, are prohibited.
C. The applicant must demonstrate that there is a need for the allowable
structures on site while a new permanent school building, or the repair,
remodeling, or addition to existing permanent school building(s),
on site is being constructed, the completion of which will eliminate
the need for the allowable structures. A school that is in operation
at the subject parcel, or at a different site, but that will not be
able to use its existing site during all or part of the period of
construction of the new facility, or reconstruction of the existing
facility, shall be deemed to have demonstrated the need. Need may
be further established by a showing that the applicant has made good
faith efforts to find another location for the temporary school, but
has been unable to do so despite such good faith efforts.
D. The special permit shall provide that students shall not be permitted
to drive to school, and that school events shall not be permitted
on site while the special permit is in effect.
E. The occupancy of the allowable structures shall not exceed the maximum
allowable occupancy set forth in the Village Board of Trustees special
permit for a school use.
F. The interim school building use special permit shall be limited to
a period of one year. The special permit shall be renewed for not
more than two twelve-month periods for good cause shown upon a written
request for such extension, submitted to the Village Board of Trustees
at least 30 days prior to the expiration of the interim school building
use special permit. "Good cause" shall include, but not be limited
to, continued construction of the permanent school building. The Building
Inspector and/or other technical staff as designated by the Village
Board of Trustees shall review the applicant's progress on a monthly
basis. The applicant, or its designee, shall appear before the Village
Board of Trustees, at the request of the Trustees, to report on the
status and timing of completion of the permanent school building.
A public hearing shall be required for a renewal of an interim school
building use permit in accordance with this section.
G. Upon application to the Village Board of Trustees for an interim
school building use, the matter shall be simultaneously referred to
the Planning Board for a determination of the use and location of
allowable structures, which Planning Board determination shall be
made within 45 days of said referral. The Village Board of Trustees
shall either grant or deny the interim school building use permit
within 15 days of the Planning Board's determination.
H. Recognizing that the siting of allowable structures will likely be
outside of the building envelope(s) of the approved site plan for
the permanent school building(s), the Planning Board shall determine
the placement of allowable structures (including setbacks, associated
parking, ingress and egress, height, size, location of equipment,
location and proposed buffering of air-conditioning units, stockpiling
and storage of materials, and open spaces, including buffer areas
and other yards) on the temporary school area or lot, so as to protect
the health, safety and welfare of the surrounding residents.
I. Bulk and dimensional requirements.
(1)
For purposes of the placement of the allowable structures, and
uses and structures accessory to the allowable structures, the applicable
bulk requirements in all zoning districts shall be as follows:
Minimum lot area:
|
As required by underlying district
|
Minimum lot frontage:
|
As required by underlying district
|
Minimum lot width:
|
As required by underlying district
|
Minimum front yard setback (feet):
|
10
|
Minimum side yard (feet):
|
10
|
Total side yard (feet):
|
20
|
Minimum rear yard (feet):
|
10
|
Maximum building coverage (square feet or FAR):
|
No greater than permanent structure
|
Maximum impervious surface:
|
As required by underlying district
|
Maximum stories:
|
1
|
Maximum height (feet):
|
15
|
Allowable accessory structures:
|
1 shed for storage of equipment
|
(2)
If an applicant shall have received a variance or variances
from any of the bulk requirements of the underlying zoning district
in connection with the construction of the permanent school building,
then those variances shall also apply to the interim school building
use.
J. Parking requirements: at least one space per full-time faculty member,
1/4 space for each part-time faculty member and one space for each
full-time or full-time-equivalent construction worker. Construction
parking shall be sited so as to be completely separated from the school
parking. Parking shall be permitted in any required yard. The Planning
Board may allow for parking on- or off-site.
K. Adequate sanitary and solid waste facilities shall be provided in
allowable structures.
L. A sketch plan, containing sufficient information to show compliance
with the above standards, shall be submitted to the Village Board
of Trustees, along with the application for an interim school building
use permit. The applicant shall also submit a proposed evacuation
plan and identify proposed recreation areas.
M. Interim school building uses shall be limited to daily education
uses only; residential uses are prohibited.
N. Allowable structures shall be separated from construction areas to
the maximum extent practicable and shall have separate means of ingress
and egress, as determined by the Planning Board.
O. No building permit for an allowable structure shall be issued unless
a building permit for the permanent school building, on the same parcel,
has first been issued and construction on the permanent school building
has commenced.
P. The applicant must remove the allowable structures from the site,
and prepare the ground beneath such removed structures in accordance
with the approved site plan for the permanent school building, within
60 days after one of the conditions as listed below first occurs:
(1)
A certificate of occupancy is issued for the permanent school
building(s), as contemplated by the approved site plan.
(2)
There has been no construction activity for the permanent school
building(s) for a period of six months after the building permit was
issued, unless an approval to resume the construction is granted by
the Village Board of Trustees.
(3)
Building permits for the permanent school building on the same
parcel have expired, or have been revoked, without being renewed.
Q. Prior to mandating removal of allowable structures under Subsection
P(2) and
(3), the applicant shall be afforded notice and a public hearing.
R. Nothing herein shall prevent an applicant from applying for a special
use permit for a permanent school building and an interim school building
at the same time; provided, however, that no special use permit for
an interim school building shall be granted prior to the granting
of a special use permit for a permanent school building.
S. Temporary easement or security.
(1)
Prior to issuance by the Village of a building permit for any
allowable structures, the applicant must provide:
(a)
A fully executed original temporary easement for access and
entry, and dismantling and removal of allowable structures ("temporary
easement"), together with all required filing fees and instruments
necessary, and in an acceptable form, to record the temporary easement
in the Rockland County Clerk's Office; and
(b)
A performance bond or letter of credit described below.
(2)
The temporary easement shall be in a form acceptable to the
Village Attorney, and shall contain the following substantive provisions:
(a)
The temporary easement shall give the Village the right to enter
upon the subject parcel for the purpose of removing, storing and/or
disposing or discarding the allowable structures, and restoring the
ground upon which such allowable structures stood;
(b)
The cost of such removal, storage and/or disposal or discarding,
and restoring of the ground, shall be borne solely by the special
use permittee;
(c)
The Village's rights under the temporary easement shall be exercisable
for a term of not more than five years, commencing one year after
the expiration of the special use permit under which the allowable
structures were erected, as same may have been extended;
(d)
For the purposes of the temporary easement, the term "Village,"
in addition to the municipal corporation, shall also include, in its
meaning, independent contractors, private construction companies and
disposal and/or storage businesses, and/or the Town of Ramapo, that
are retained or hired, or contracted with, by the Village in furtherance
of the purposes of the temporary easement;
(e)
The Village shall not be liable to the special use permittee,
and/or the fee simple title owners of the subject parcel, for any
pecuniary loss, damages to any property or injuries to any persons
that may be caused by, or are a consequence of, the Village's actions,
activities and/or conduct relating to, and/or the Village's performance,
implementation, execution and/or carrying out of, the purposes of
the temporary easement;
(f)
The temporary easement shall be binding on the special use permittee's,
and the fee simple title owners of the subject parcel's, heirs, successors-in-title,
successors and assigns, and shall run with the land; and shall be
governed by the laws of the State of New York; and
(g)
Such other terms as the Village Attorney deems appropriate under
the circumstances, and which are consistent with the intent of this
section to ensure that the allowable structures do not become permanent
fixtures without the express approval of the appropriate Village agency
or board.
(3)
The performance bond shall be in a form acceptable to the Village
Attorney, and shall contain the following substantive provisions:
(a)
A description of the work to be performed by or for the principal
under the bond (the "work");
(b)
The amount of the bond, which shall be sufficient to assure
the performance of the work, as determined by the Village Engineer;
(c)
A description of the circumstances under which the bond shall
be released, in whole or in part;
(d)
A description of the circumstances under which the bond shall
be forfeited to the Village; and
(e)
Such other terms as the Village Attorney deems appropriate under
the circumstances, and which are consistent with the intent of this
section to ensure that the work is performed.
[Amended 10-20-1988 by L.L. No. 9-1988; 12-21-1988 by L.L. No. 13-1988; 4-24-1997 by L.L. No. 1-1997]
The following shall apply to home occupations (other than on
Routes 45 and 306):
A. The use shall be conducted solely within the dwelling unit and not
in an accessory building, and the use shall be clearly incidental
and secondary to the use of the dwelling unit for living purposes.
B. There shall be no external display or advertising of goods or services
or other external evidence of such use.
C. The establishment of such occupation shall not require internal or
external alterations or involve construction features not customarily
found in dwelling units.
D. The occupation shall not utilize an area exceeding 150 square feet
required for the use.
E. The appliances and equipment required for the use shall be operated
in such a manner that they do not produce and emit, beyond the boundaries
of the premises on which the use is located, dust, glare, hazard,
heat, light, noise, nuisance, odor, radiation, radio or television
interference, smoke or vibration and are in no other manner obnoxious,
offensive or detrimental to the immediate neighborhood.
F. The use itself shall be conducted in such a manner and during such
hours that are in no way obnoxious, offensive or detrimental to the
immediate neighborhood.
G. There shall be no employees or helpers other than members of the
family residing in the dwelling unit.
H. No article shall be sold or offered for retail sale to the public
from the premises.
I. In the case of an instructor in violin, etc., a music teacher or
a teacher or tutor of standard scholastic subjects, the office or
studio shall be so equipped and used that the sounds therefrom shall
not be heard beyond the boundaries of the premises on which the use
is located.
J. Notice of the home occupation use shall be given to the local Fire
Department.
K. A simple plot plan showing the lot and all structures thereon shall
be submitted as a part of the application. No site plan is required.
L. Upon the transfer of property or change of occupancy thereof, the
continued use of a home occupation shall require the issuance of a
new special permit.
M. Parking shall be provided on the property in an amount and layout
determined by the Board of Trustees to be adequate. The Board of Trustees
may require additional landscaping or screening to buffer parking
areas from adjoining dwellings.
[Added 10-20-1988 by L.L.
No. 9-1988; amended 12-21-1988 by L.L. No. 13-1988; 4-24-1997 by L.L. No. 1-1997]
The following shall apply to home occupations on Routes 45 and
306:
A. The use shall be conducted solely within the dwelling unit and not
in an accessory building, and the use shall be clearly incidental
and secondary to the use of the dwelling unit for living purposes.
B. The use shall not occupy more than 40% of the total floor area of
all enclosed spaces in the structure or 1,000 square feet, whichever
shall be less.
C. There shall be no external display or advertising of goods or services
or other external evidence of such use except for one identification
sign, which shall be either nonilluminated or internally self-illuminated.
Such signs shall not exceed two square feet in area and may show only
the name, address and occupation of the occupant.
D. The appliances and equipment required for the use shall be operated
in such a manner that they do not produce and emit, beyond the boundaries
of the premises on which the use is located, dust, glare, hazard,
heat, light, noise, nuisance, odor, radiation, radio or television
interference, smoke or vibration and are in no other manner obnoxious,
offensive or detrimental to the immediate neighborhood.
E. The use itself shall be conducted in such a manner and during such
hours that it is in no way obnoxious, offensive or detrimental to
the immediate neighborhood.
F. At no time shall there be present on the premises more than two employees,
coworkers or helpers other than members of the family residing in
the dwelling unit.
G. No article shall be sold or offered for retail sale to the public
from the premises.
H. In the case of an instructor in violin, etc., a music teacher or
a teacher or tutor of standard scholastic subjects, the office or
studio shall be so equipped and used that the sounds therefrom shall
not be heard beyond the boundaries of the premises on which the use
is located.
I. Parking shall be provided on the property in an amount determined
by the Board of Trustees to be adequate. The layout of such parking
shall include a vehicular turnaround and other features determined
by the Board of Trustees to be necessary for safe operation. The Board
of Trustees may require additional landscaping or screening to buffer
parking areas from adjoining dwellings.
J. Notice of the home occupation use shall be given to the local Fire
Department.
K. A simple plot plan showing the lot and all structures thereon shall
be submitted as a part of the application. No site plan is required
unless otherwise required by the Board of Trustees.
L. Upon the transfer of property or change of occupancy thereof, the
continued use of a home occupation shall require the issuance of a
new special permit.
M. The provisions of this section shall apply only to lots not capable of being subdivided in accordance with all provisions of this chapter and Chapter
255, Subdivision of Land, of the Code of the Village of New Hempstead.
N. The provisions of this section shall apply only to home occupation uses either on lots having frontage and driveways on Route 45 or 306. Home occupation uses on any other lots shall be subject to the provisions of §
290-52.
[Added 12-21-1988 by L.L.
No. 13-1988; amended 11-30-2006 by L.L. No. 3-2006; 5-22-2017 by L.L. No. 2-2017; 1-27-2020 by L.L. No. 1-2020]
A. A second kitchen in a dwelling unit is permitted only by way of a
permit approved by the Village's Building Inspector and Village
Engineer, provided that it finds that:
(1) The design of the dwelling unit is such that the presence of the
proposed second kitchen would not make it possible for that dwelling
unit to be divided into two dwelling units by means of the subsequent
erection of a barrier, partition or otherwise. Therefore, the applicant
must demonstrate, by plans and an owner's affidavit, that the
second kitchen will not facilitate, in any regard, the conversion
and/or use of the dwelling unit into two dwelling units.
(2) The proposed installation of the second kitchen satisfies all applicable
building, zoning, fire and safety regulations/codes. A written report
must be received from the Building Inspector stating that the proposed
installation meets all such requirements.
B. An accurate floor plan shall be submitted for the entire dwelling
unit and the structure containing it, showing the area proposed to
be used for the second kitchen and any other necessary interior or
exterior modifications to the dwelling unit or the structure.
C. A simple plot plan showing the lot and all structures thereon shall
be submitted as part of the application. No site plan is required,
except if needed by the Village's Building Inspector.
D. The application for the permit herein shall be made in two copies
to the Village's Building Inspector and shall include the following
items:
(1) A completed permit application form, including the name and address
of the person, firm or corporation for whom or which the use is intended
and the name and address of the property owner. If the applicant or
owner is a firm or corporation, the full name and residence of the
firm or principal officers of the corporation shall be shown.
(2) A written statement describing the nature of the proposed use of
the second kitchen use only, its enclosure, and how it will serve
to implement the purposes of this chapter.
(3) Two copies of the accurate floor plan and simple plot plan, as described above, with the information required by §
290-54C of this chapter.
(4) A completed owner's consent affidavit.
(5) A long environmental assessment form.
(6) Application fee: a certified check payable to the Village of New
Hempstead, in accordance with the then Village of New Hempstead Fee
Schedule.
[Added 12-22-2014 by L.L.
No. 5-2014]
A. "Respite services" are defined as recreationally based programs for
disabled children, with no educational component, designed to address
the stress associated with care-giving of physically and mentally
disabled children by parents and family members.
B. Such use shall comply with all licensing, site area and dimensional
requirements of the New York State Office for People with Developmental
Disabilities in addition to the requirements of this section.
C. The owner and operator of the site shall be a not-for-profit organization
certified for said use by the New York State Office for People with
Developmental Disabilities.
D. The use shall have frontage on and practical access to Route 306.
E. The use shall be located on a lot that has a minimum net lot area
of two acres and shall comply with the bulk requirements of the zoning
district in which it is situated.
F. In addition to the requirements for site plan submission, a floor
plan of the existing or proposed building or structure shall be submitted,
together with the maximum occupancy requested for such building or
structure.
G. The Board of Trustees, insofar as practicable, may impose such regulations
and restrictions to reduce or eliminate traffic and other potential
adverse impacts that would have the effect of impairing the use, enjoyment,
aesthetics or value of property in the surrounding area.
H. The number of parking spaces required for this use shall be determined
by the Board of Trustees based upon the number of staff and persons
served.
I. There shall be no residential facilities on premises, except that
an on-site caretaker's cottage may be permitted by the Board of Trustees
upon good cause shown.
J. The use shall comply with all other applicable local laws of the
Village of New Hempstead.
[Added 6-22-2006 by L.L.
No. 1-2006]
A. This use shall permit site density not to exceed four units per acre.
B. No dwelling unit shall contain more than one bedroom, except that
one dwelling unit for a superintendent may be provided, not to exceed
three bedrooms.
C. Except for the superintendent and family, the occupancy of the housing
development shall be limited to a single person or married couples
who qualify as persons with a disability under present, future or
amended definitions of the government agency having jurisdiction.
D. Within the housing development, certain related accessory facilities
may be permitted either in a separate building or in combination with
dwelling units, such as a community room with or without kitchen,
administrative spaces, self-service laundries, game rooms or workshops,
all limited to the extent to which they meet the needs of the residents
of the development. Such facilities shall be subordinate to the residential
character of the development and shall be located out of public view
with no exterior advertising. Each of such facilities shall be expressly
approved by the Board of Trustees. Approval of a special permit and
site development plan for dwelling units in a housing development
for the physically disabled in no way constitutes approval for installation
of any type of related facility.
E. The maximum building height shall be 25 feet or one story.
F. Suitably equipped and adequately maintained recreation and open space
shall be provided. Group sitting areas shall be well defined by walls,
fences, hedges or other plantings, designed to impart a sense of containment
or security and to provide group privacy.
G. There shall be a safe and convenient system of roads and walks with
due consideration given in planning such facilities to the needs of
people with disabilities. Such facilities shall be adequately lighted
and said lighting shall not be directed to adjacent streets or properties.
H. Facilities for refuse disposal shall be provided for all dwelling
units. Central collection areas shall be maintained and conveniently
located for all groups of units. The collection areas shall be properly
screened and supplied with covered receptacles for tenant use.
I. All parking areas, recreation areas and refuse collection areas shall
not be closer than 10 feet to any building on the property or to any
lot line. Such areas between the facilities and lot lines shall be
landscaped with suitable screening.
J. Parking requirements shall be 1 1/4 parking spaces for each
dwelling unit.
K. The sponsor of or applicant for this special permit use shall be
a not-for-profit corporation and the project shall be funded by subsidy
or support from a governmental agency of the federal or state government.
L. This special permit use shall have a minimum lot size of four acres
and shall be situated on a collector road.
[Added 9-25-2008 by L.L.
No. 1-2008]
A. Legislative findings. The purpose and intent of the Adult Residential
Community Zone (ARC), consistent with the Comprehensive Plan of the
Village, is to provide housing to accommodate a range of living accommodations
for active adults. The Village of New Hempstead recognizes that senior
citizens are a valuable resource to the Village that make no impact
on the school system and who wish to live with others in their age
group and enjoy the amenities designed for active adults aged 55 or
older.
B. Legislative objective. The specific objectives of this zone are:
(1) To provide appropriate sites for the development of senior housing
and to provide within the boundary of the development appropriate
social, recreation and other facilities which contribute to the independence
and meaningful activity of active senior adults.
(2) To provide for the safety and convenience of residents through site
design and housing design which considers the needs of the elderly
and the physical characteristics of the design site.
(3) To regulate the nature and density of active adult housing developments,
their site layout and design and their relationship to adjoining uses
so as to provide ample outdoor living, open space for residents and
to minimize the detrimental effects on the surrounding neighborhood
and environment.
C. General provisions.
(1) The ARC Zone will be authorized by special permit created by amendment
to the Village Zoning Map through the exercise of the Village Board
of the procedures set forth in this section. The Village Board has
full discretion regarding any action on a petition to the Village
Board for the mapping of a site as ARC, subject to the provisions
of this section.
(2) The 1R-50, 1R-40 and 1R-35 Districts shall be the eligible host for
this special permit use.
(3) The total aggregate number of units allowable on a property within
an ARC Zone established pursuant to this section shall be no more
than 120. The Village Board may, by resolution, increase the total
aggregate number of units allowable in the ARC Zone.
(4) Only parcels which are eight acres or larger in size shall be eligible
for the ARC Zone designation. Assemblage of properties or parcels
not in the same ownership so as to meet minimum acreage requirements
is prohibited.
(5) Each dwelling unit with an ARC Zone must have at least one owner/resident
who has attained the age of 55 years of age.
D. Application procedure.
(1) Application for a special permit pursuant to this section shall be
made in the form of a written petition to the Village Board. Application
shall be made by the owner(s) of the land(s) to be included in the
district or by a person or persons possessing written contract or
option rights to purchase the land. In the event that an application
is made by a person or persons holding rights to purchase the land,
the application shall be accompanied by a statement signed by the
owner of such land indicating concurrence. Upon submission of a complete
application, the Village Board shall refer the application to the
Planning Board for recommendation.
(2) Application requirements. The applicant shall submit a preliminary
plan in sufficient quantity as determined by the Village Board. The
preliminary plan, to be completed, shall consist, at a minimum, of
the following:
(a)
Metes and bounds description of the proposed district.
(b)
A survey of the parcel prepared and certified by a licensed
land surveyor.
(c)
A proposed preliminary plan, drawn to scale, showing existing
conditions of the parcel, including:
[1]
The name and address of the owner of record and applicant, if
different.
[2]
The name of the person or firm preparing the map.
[3]
The date, North arrow and scale.
[4]
The names, addresses and Tax Map parcel numbers of owners of
all parcels within 500 feet of the subject property; also, mailing
labels for all property owners of parcels within 500 feet of the subject
parcel(s).
[5]
The acreage of the parcel and the County Tax Map number.
[6]
The boundaries of the parcel plotted to scale.
[7]
The location and width of existing and proposed state, county
or town highways or streets and rights-of-way abutting or within 200
feet of the parcel.
[8]
The location and outline of existing structures on the parcel.
[9]
The location of any existing storm or sanitary sewers, culverts,
water lines, hydrants, catch basins, etc., as well as any underground
or aboveground utilities within or adjacent to the parcel.
[10] The existing zoning and location of zoning boundaries.
[11] The location and outline of existing water bodies,
streams, marshes or wetland areas and their respective classification
as determined by the appropriate governmental regulatory body.
[12] The approximate boundaries of any areas subject
to flooding or stormwater overflows.
[13] Existing contours at an interval of two feet (or
less).
[14] The identification of any other significant natural
feature.
[15] The approximate location and dimensions of principal
and accessory buildings on the site, their relationship to one another
and to other structures in the vicinity, as well as the number of
dwelling units by housing type and size, plus a calculation of the
density, in dwelling units per acre.
[16] The approximate location and dimensions of vehicular
traffic circulation features of the site, including proposed roadways,
internal driveways, parking and loading areas and proposed access
to the site.
[17] The proposed source of water supply and method
of delivery to the site.
[18] A general plan for the collection and disposal
of sanitary wastes from the site.
[19] A stormwater management plan consistent with Chapter
245, Stormwater Management and Erosion and Sediment Control, of the Village Code.
[20] A preliminary site grading plan at intervals of
five feet or less.
[21] Preliminary identification of areas which will
be disturbed and areas which will remain undisturbed by project implementation.
[22] Preliminary floor plans and building elevations.
(3) Initial review.
(a)
In its review of the application, the Village Board may, in
lieu of rejection of the application, suggest such changes in the
preliminary plans as are found to be necessary or desirable to meet
the requirements of this section, to protect the established or permitted
uses in the vicinity and to promote the orderly growth and sound development
of the community. The Village Board may notify the applicant of such
changes and may discuss the changes with the applicant. The suggestion
of changes by the Village Board shall not constitute a waiver of its
legislative discretion to reject or deny the rezoning application.
If it elects, the Village Board may delegate to the Planning Board,
as part of its referral of the matter, this function of dialogue with
the applicant on suggested modification of the preliminary plans.
(b)
The applicant may submit revised preliminary plans incorporating
the changes requested. If resubmission is not made within 90 days
of receipt of the Village Board's suggested changes, the application
shall be deemed abandoned. Upon mutual consent of the Village Board
and the applicant, the Village Board may exceed the time frame for
resubmission for an additional 90 days.
(c)
Consistent with existing law, the Village Board may refer the
application to the Planning Board for its report and recommendation.
The Planning Board shall make a recommendation on the application
and shall report its findings to the Village Board on the merits of
the preliminary plans unless the application is abandoned as provided
in the preceding subsection. A favorable recommendation shall not
constitute or imply an approval of any sort, nor shall it constitute
a decision upon an action under the State Environmental Quality Review
Act.
E. Environmental review. In order to minimize the potential environmental
impact that could be associated with increased density, an applicant
shall be required to show that the environmental impact of the proposed
senior development will not be any greater than that of the as-of-right
development under the existing zoning or that the applicant has incorporated
appropriate mitigation measures into the project. In support of such
a showing, the applicant may provide studies with respect to water
supply, stormwater management, and traffic.
F. Criteria for approval of an adult community special permit. The Village
Board shall consider, together with the intent and objectives of this
article, and make written findings with respect to whether the proposed
district and development meet the following criteria:
(1) Compatibility with the neighborhood in which the special permit is
proposed, potential for separation from nearby uses, and environmental
factors.
(2) The site shall be served by central water or sanitary sewer facilities,
and said facilities shall be adequate to accommodate the additional
demand placed upon them by the proposed development and approved by
the Board of Health, and the New York State Department of Environmental
Conservation when required.
(3) The site shall be well-drained, and stormwater generated by development
of the site shall not place an undue burden on existing facilities
or contribute to downstream flooding.
(4) The site shall be located in an area suitable for residential purposes
and shall be reasonably free of objectionable conditions, such as
odors, noise, dust, air pollution, high traffic volumes, incompatible
land uses and other environmental constraints.
(5) The site shall be located such that access to the site can be obtained
from a public street which meets current engineering standards, or
is defined as a collector road under this chapter, with respect to
roadway width and alignment and acceptable sight distances can be
developed at the site entry/exit and at intersections in the vicinity
of the site.
(6) The architectural style of the proposed development, exterior materials,
finish and color shall be consistent with existing community and neighborhood
character.
(7) The project shall contain amenities consistent with adult residential
communities, such as game rooms, meeting rooms, lounges, exercise
rooms and clubhouses.
(8) The development of the site shall not produce undue adverse effects
on the surrounding neighborhood.
(9) Ownership shall be either condominium or fee simple, homeowners'
association.
(10)
Review and comment from the Village Planning Board, if applicable.
(11)
Review and comment from the Village Architectural Review Board.
G. Village Board review.
(1) Upon receipt of a recommendation from the Planning Board, the Village
Board may schedule and hold a public hearing. Alternatively, the Village
Board may reject the application.
(2) Following completion of the public hearing, the Village Board may
act to approve, approve with modification or conditions, or disapprove
the special permit application in the exercise of its sole legislative
discretion. Approval shall result in the granting of a special permit
for an active adult residential community.
H. Limitations on occupancy.
(1) The occupancy of active adult residential communities shall be limited
to:
(c)
An unrelated caregiver under the age of 55 if it is established
that the presence of such a person is essential for the physical care
of an active adult.
(2) Persons under the age of 18 shall not be permitted to be permanent
residents of dwelling units. For the purposes of this section, a "permanent
resident" shall mean any person who resides within the dwelling for
more than three consecutive weeks, or has listed the residence as
a dwelling for any purpose whatsoever, including, but not limited
to, enrollment in public or private schools.
(3) Notwithstanding the foregoing, each active adult residential community
may set aside one dwelling unit to be occupied by a superintendent
or building manager, to which limitations on occupancy set forth above
shall not apply.
I. Limitations; time limit on validity of rezoning. Any special permit
granted by this section shall be null and void and the zoning of the
parcel shall revert back to its original zoning classification by
a ministerial redesignation on the Official Zoning Map by the Village
Board, when directed by the Village Board, unless actual construction
of the infrastructure is commenced within one year from the date of
the issuance of a valid building permit.
J. Additional requirements.
(1) Single-family detached units shall be no less than 1,400 square feet,
with no more than two bedrooms, and shall have separated driveways
and garages to house two automobiles.
(2) Dwelling units shall be centrally air-conditioned, with individual
thermostatic controls for heating and air-conditioning.
(3) All dwelling units shall incorporate design features to the maximum
extent practical which ensure the safety and convenience of the residents,
including, but not limited to, provision of grab-bars, nonscalding
faucets, water-impervious nonslip floors, flush thresholds and wheelchair-accessible
doorways and shafts for an elevator option.
(4) Provisions shall be made for washers and dryers to be installed in
individual dwelling units, unless this provision is deemed impractical
by the Planning Board.
(5) If pets are permitted, there shall be no more than two pets per dwelling
unit and specific pet walking areas designated and located so as to
prevent nuisance and annoyance or health hazards to the residents
and/or abutting property shall be provided.
(6) Roads are to be private with a minimum width of 24 feet of pavement.
Roads shall be properly illuminated and shall have minimal street
parking as practicable.
K. Site plans and approvals.
(1) The Planning Board shall review and conduct a public hearing on all
applications for the development in the ARC Zone in accordance with
the provisions of this chapter.
(2) Where not modified or stated by this section, all other conditions
of the site plan approval and/or subdivision regulations of the Village
shall apply.
(3) Prior to final approval on any site plan for an active adult residential
community development, the applicant shall submit covenants, declarations
and/or homeowners' association regulations for review by the Village
Attorney as to sufficiency, form and content.
(4) An approved homeowners' association (HOA) prospectus must be submitted
to the Village Board with an application for a special permit. Such
prospectus cannot be changed or modified after submission without
approval of the Village Board of Trustees.
[Added 4-21-2016 by L.L.
No. 1-2016]
The following shall apply to rehabilitation, respite and training
facilities for temporary residential and daily training and vocational
rehabilitation services to persons with sensory and/or physical, developmental,
emotional and/or other disabilities or health conditions, or who are
experiencing medical conditions:
A. As used in this section, the following terms shall have the meanings
indicated:
TRAINING AND VOCATIONAL REHABILITATION SERVICES TO PERSONS
Programs designed to provide physical, emotional, recreational,
respite, educational, and vocational support, and associated services,
to adults and children who are physically handicapped, disabled or
suffering from medical conditions, and their families.
B. Notwithstanding the terms and provisions of Subsection
A hereinabove:
(1) Permanent occupancy by one or more on-site caretakers in any house,
apartment and/or cottage located at the premises shall be permitted
on the premises; and
(2) Short-term leases of six months or less to not-for-profit organizations, medical providers or to any other entities that provide similar services to those described in Subsection
A hereinabove shall be permitted so long as written notice is provided to the Board of Trustees at least 30 days prior to the commencement of the lease, stating the name, address, and type of activity to be engaged in by the tenant at the premises under the lease, and no such lease(s) may be renewed or extended for any consecutive period(s) beyond six months or within 30 days after the expiration of any prior consecutive six-month lease period.
C. The use shall be located on a lot that has a minimum net lot area of 10 acres and shall comply with the bulk requirements provided in the Table of Dimensional Requirements
included as an attachment to this chapter.
D. A second means of ingress/egress shall be provided from the site.
E. The Board of Trustees may impose such regulations and restrictions
to reduce traffic if, in the Board's discretion, the Board finds that
such traffic would have the effect of impairing the use, enjoyment
or value of property in the surrounding area.
F. The use shall comply with all other applicable local laws of the
Village of New Hempstead.
[Added 6-14-2017 by L.L.
No. 3-2017]
The following are the minimum requirements for a place of assembly
special permit use:
A. Any portion of, and/or an addition to, a single-family residence, or a detached structure/building that complies with the accessory buildings and structures regulations (§
290-28), except the detached structure or building shall not exceed 2,500 square feet in ground floor area or exceed 20 feet in height, may be used as a place of assembly. The maximum occupancy of the place of assembly shall be quantified based upon the square footage of the designated room/area in the residence to be used for the assembly and by the narrative and descriptions of the meetings, which place of assembly room/area shall not exceed 85% of the total square footage of the entire structure.
B. The lot, building and all improvements shall conform to the bulk
regulations applicable to a single-family residence for the zoning
district in which the property is located; any variances granted in
the approval of the original lot and structure shall remain valid.
C. The New York State Uniform Fire Prevention and Building Code, as
same may be amended from time to time, shall be used to determine
potential maximum occupancy limits, according to how the space will
be used. A seating plan shall be required, and the calculation shall
be based upon the New York State Fixed Seating Schedule.
D. A place of assembly shall comply with the current New York State
Uniform Fire Prevention and Building Code, as same may be amended
from time to time.
E. Occupancy shall be determined upon review of the narrative and the specifics of the application and plan, which narrative shall include, but not necessarily be limited to, a seating plan, diagram or illustration, and a schedule of meetings (e.g., days, times and duration), a parking plan, diagram or illustration (both off-street and on-street) as per Subsection
I, Parking, of this section. There is no guarantee that the maximum New York State Uniform Fire Prevention and Building Code occupancy by calculation will be permitted, as it is subject to substantive and reasoned review by the Village Board of Trustees to determine the appropriate maximum number.
F. The special permit use shall require an initial, and annual (from
date of issuance), inspection by the Fire Inspector to ensure compliance
with the New York State Uniform Fire Prevention and Building Code.
G. The special permit is based upon the information submitted at the
time of the application. Any change to the use, ownership, or occupancy
and characteristics, as presented, shall necessitate filing for a
revised special permit for review and determination. The special permit
does not run with the land. In the event of a change in circumstances,
as determined by the Building Inspector or Village Engineer, the applicant
shall obtain a revised special permit and an amended site plan approval
by the Village Board of Trustees may also be required as part of a
renewal application.
H. The lot shall comply with zero net increase in stormwater runoff
drainage requirements, as determined by the Village Engineer.
I. Parking. Parking requirements shall be met by way of three options:
1) on-site (i.e., off-street), 2) on-street, and 3) neighboring properties
within 500 feet of the place of assembly, as per the recommendations
of the Village Engineer and Village Planner after reasoned deliberations.
If the Village Board of Trustees determines that spaces on neighboring
properties may be used, then the applicant shall provide letters of
authorization for these spaces from the respective neighboring property
owners, to the Village, and found to be satisfactory to the Village
Engineer and Village Planner, which neighbor spaces are to be allocated
fully before on-street parking resources may be requested. Stacked
parking will be permitted towards calculating the parking count, except
that stacked parking shall not be permitted on driveways that access
state or county highways; and the requirements for a driveway aisle
and car turnaround will be waived, with the exception of meeting any
criteria of the New York State Uniform Fire Prevention and Building
Code (when applicable). Should a change occur in ownership of parcels
utilized for parking, a letter of authorization must be obtained from
the new owner. If the new owner does not want to participate, the
permit holder must obtain an equal number of spaces from another source.
J. Lighting. The applicant shall provide the minimum effective lighting
to permit safe operations. Low-level lighting or bollards are the
preferred lighting concept for residential and task lighting. Lighting
should directed towards the place of assembly and not away from it
and should be low level and soft lighting rather than spotlighting.
K. Signs may be permitted, subject to the existing sign regulations,
and including, but not limited to, the English language as recommended
by the Village's Community Development Committee.
L. Any residence that currently includes an existing use as a place
of assembly for a 49 persons or more place of assembly shall be required
to file for a special permit use within 60 days of the filing of this
section in the office of the New York State Secretary of State, which review by the Village Board of Trustees shall require,
but not necessarily be limited to, a satisfactory fire inspection
and parking evaluation; however, site plan approval by the Village
Planning Board shall not be required, but all site development issues
shall be within the powers of the Board of Trustees as part of its
special permit use review. After expiration of the sixty-day period,
if there has not been a filing by any such existing place of assembly,
then complete special permit use and site plan applications shall
be required, which site plan applications shall be reviewed by the
Board of Trustees.
M. Places of assembly shall be subject to the Village's Architectural
Review Board provisions and regulations.
N. The requirement for one internal parking space shall be waived for
a place of assembly for those uses which do not occupy the area of
an existing garage.
O. Landscaping. Modifications to the existing structure and site shall
require a landscaping plan demonstrating mitigation of potential impacts
from both noise and glare, particularly from headlights to protect
neighbors.
P. Conditions. As with any special permit, the Village may set limits
and conditions on operations as it sees fit to regulate the activity.
Q. Procedures. The applicant shall submit a special permit application
to the Village Board of Trustees for special permit review, and site
plan approval by the Village Board of Trustees shall be required as
part of the original special permit use application. Community Development
Committee review is required prior to submission to the Village Board
of Trustees.
R. Bulk requirements. Applicants for a special permit for a place of
assembly must comply with the existing bulk requirements of the zone
as set forth in the Table of Dimensional Requirements.