Village of New Hempstead, NY Special Permit Uses

Formal application for a special permit shall be made in two copies to the Board of Trustees. The formal application shall include the following items:

A completed special 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.

A written statement describing the nature of the proposed use and how it will serve to implement the purposes of this chapter and the period of time for which the permit is requested.

Twelve copies of a site plan with the information required by § 290-103B of this chapter, except where a simple plot plan is required instead by § 290-52K, 290-53K or 290-54C of this chapter.

[Amended 12-21-1988 by L.L. No. 13-1988]

(d)

A completed owner's consent affidavit.

(e)

A long environmental assessment form.

(f)

Application fee: a certified check payable to the Village of New Hempstead, in accordance with the Village of New Hempstead Fee Schedule.

A complete special permit application, including the information listed above, shall be submitted not less than three weeks in advance of the Board of Trustees meeting at which the special permit plan is to be officially reviewed.

Referrals.

The Board of Trustees shall submit copies of the special permit application to the Planning Board, Building Inspector, Code Inspector and Village Engineer, all of whom shall inspect the premises and report their findings to the Board, in writing. The Board may submit copies to the following agencies for information, review and comment regarding facilities under their jurisdiction and to any other Village, county, state or federal agency with jurisdiction:

Rockland County Drainage Agency.

New York State Department of Transportation.

The Board of Trustees shall refer to the Rockland County Planning Board for its recommendation all matters within the provisions of Article 12-B, §§ 239-l and 239-m, of the General Municipal Law, which includes real property lying within 500 feet of the boundary of any city, village or town or from the boundary of any existing or proposed county or state park or other recreation area or from the right-of-way of any existing or proposed county or state parkway, throughway, expressway, road or highway or from the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines or from the existing or proposed boundary of any county- or state-owned land on which a public building or institution is situated and any special permit affecting such use or property within a distance of 500 feet. The Rockland County Planning Board shall render its decision within 30 days of referral or within an extended period, if agreed upon. If the Rockland County Planning Board fails to report within such period of 30 days or such longer period as has been agreed upon by it and the Board of Trustees, the Board of Trustees may act without such report. If the Rockland County Planning Board disapproves the proposal or recommends modification thereof, the Board of Trustees shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all members thereof and after the adoption of a resolution fully setting forth the reasons for such contrary action. Within 30 days after final action by the Board of Trustees, a report shall be filed of the final action it has taken with the County Planning Board which had made the recommendations, modifications or disapproval.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Public hearing. The Board of Trustees shall hold a public hearing on the special permit within 62 days of the date of receipt of a complete submission. No public hearing may be held until all requested reports have been received by the approving agency or the 30 days specified in Subsection B above have elapsed, whichever is first. Public notice and notice to owners of property within the area shall be the same as that required for zoning amendments, as set forth in § 290-135 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Board of Trustees decision. The Board of Trustees shall approve, approve with modifications or disapprove the special permit within 62 days of the close of the hearing. Board approval, approval with modifications or disapproval shall be in written form and shall include specific findings with respect to the standards as contained in §§ 290-42 and 290-47 through 290-57.2 of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Site plan application. Site plan approval under § 290-101A of this chapter is required for all special permit uses. Insofar as practicable, special use permit and site plan approval procedures shall run concurrently.

Extensions of time periods. The applicant may grant extensions of any of the above-stipulated time limits; provided, however, that any extension of time granted to an official or agency making a report to the Board of Trustees shall equally extend any subsequent time limit for the Board.

§ 290-42 Compliance with general standards.

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.

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.

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.

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.

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.

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.

§ 290-43 Expiration; temporary permits; inspection; changes.

A special permit shall be deemed to authorize only the particular use or uses specified in the permit and only for the original applicant and shall expire if said use shall cease for more than one year for any reason or if substantial construction in accordance with the special permit has not been completed within one year from the date of issue or if all such required improvements are not maintained and all conditions and standards complied with throughout the duration of the special permit use.

For a use intended to be temporary, the Board of Trustees may issue a special permit for a specific period of time.

[Amended 7-5-1984 by L.L. No. 17-1984]

In connection with issuance of a special permit, the Board of Trustees may establish a schedule of inspection of a special permit use by the Building Inspector to determine continued compliance with this chapter.

[Amended 7-5-1984 by L.L. No. 17-1984]

Any change in use or reduction in lot size requires amendment to the special permit, following the application and review requirements of this article.

§ 290-44 Waiver or modification of requirements.

[Added 8-18-2005 by L.L. No. 5-2005]

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.

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.[1]

Editor's Note: Original Sec. 6.7, Existing violations, as amended, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 290-45 (Reserved)

§ 290-46 Fees.

Application for a special use permit shall be accompanied by a fee as listed in the Fee Schedule adopted by the Board of Trustees.

§ 290-47 Compliance with specific standards required.

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.

§ 290-48 Private membership clubs.

[Amended 12-21-1988 by L.L. No. 13-1988]

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.

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.

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.

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]

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.

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.

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]

§ 290-49 Group family day-care homes.

[Added 12-21-1988 by L.L. No. 13-1988]

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.

The lot proposed for such use shall comply with all dimensional requirements of this chapter listed in § 290-37 herein.[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

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.

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.

The operator of the establishment must be a resident of the dwelling unit in which the use is conducted.

§ 290-50 Religious uses.

[Amended 11-7-1985 by L.L. No. 6-1985; 12-21-1988 by L.L. No. 13-1988]

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]

It is a bona fide religious use.

The proposed structure meets all of the New York State requirements for a place of public assembly, including applicable building and fire prevention codes.

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.

Such use shall have frontage on a collector road as defined in this chapter.

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)]

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.

§ 290-51 Schools.

[Added 11-7-1985 by L.L. No. 6-1985; amended 12-21-1988 by L.L. No. 13-1988]

To qualify for use as a school, a lot:

[Amended 12-22-2014 by L.L. No. 4-2014]

Must have a minimum area of 10 acres, not including any areas of wetlands and/or steep slopes; and

Must have frontage on and practical access to a collector road.

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.[1]

Editor's Note: The Table of Dimensional Requirements is included as an attachment to this chapter.

Such school shall comply with all licensing, site area and dimensional requirements established for such school by the New York State Department of Education.

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]

§ 290-51.1 Interim school building uses.

[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:

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).

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.

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.

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.

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.

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.

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.

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.

Bulk and dimensional requirements.

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

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.

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.

Adequate sanitary and solid waste facilities shall be provided in allowable structures.

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.

Interim school building uses shall be limited to daily education uses only; residential uses are prohibited.

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.

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.

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:

A certificate of occupancy is issued for the permanent school building(s), as contemplated by the approved site plan.

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.

Building permits for the permanent school building on the same parcel have expired, or have been revoked, without being renewed.

Prior to mandating removal of allowable structures under Subsection P(2) and (3), the applicant shall be afforded notice and a public hearing.

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.

Temporary easement or security.

Prior to issuance by the Village of a building permit for any allowable structures, the applicant must provide:

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

A performance bond or letter of credit described below.

The temporary easement shall be in a form acceptable to the Village Attorney, and shall contain the following substantive provisions:

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;

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;

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.

The performance bond shall be in a form acceptable to the Village Attorney, and shall contain the following substantive provisions:

A description of the work to be performed by or for the principal under the bond (the "work");

The amount of the bond, which shall be sufficient to assure the performance of the work, as determined by the Village Engineer;

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.

§ 290-52 Home occupations (other than on Routes 45 and 306).

[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):

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.

There shall be no external display or advertising of goods or services or other external evidence of such use.

The establishment of such occupation shall not require internal or external alterations or involve construction features not customarily found in dwelling units.

The occupation shall not utilize an area exceeding 150 square feet required for the use.

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.

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.

There shall be no employees or helpers other than members of the family residing in the dwelling unit.

No article shall be sold or offered for retail sale to the public from the premises.

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.

Notice of the home occupation use shall be given to the local Fire Department.

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.

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.

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.

§ 290-53 Home occupations on Routes 45 and 306.

[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:

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.

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.

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.

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.

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.

No article shall be sold or offered for retail sale to the public from the premises.

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.

Notice of the home occupation use shall be given to the local Fire Department.

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.

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.

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.

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.

§ 290-54 Second kitchens in dwellings units.

[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 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:

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.

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.

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.

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.

The application for the permit herein shall be made in two copies to the Village's Building Inspector and shall include the following items:

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.

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.

Two copies of the accurate floor plan and simple plot plan, as described above, with the information required by § 290-54C of this chapter.

A completed owner's consent affidavit.

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.[1]

Editor's Note: The Fee Schedule is on file in the Village offices.

§ 290-55 Facilities providing respite services.

[Added 12-22-2014 by L.L. No. 5-2014]

"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.

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.

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.

The use shall have frontage on and practical access to Route 306.

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.

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.

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.

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.

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.

The use shall comply with all other applicable local laws of the Village of New Hempstead.

§ 290-56 Independent living for people with disabilities.

[Added 6-22-2006 by L.L. No. 1-2006]

This use shall permit site density not to exceed four units per acre.

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.

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.

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.

The maximum building height shall be 25 feet or one story.

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.

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.

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.

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.

Parking requirements shall be 1 1/4 parking spaces for each dwelling unit.

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.

This special permit use shall have a minimum lot size of four acres and shall be situated on a collector road.

§ 290-57 Active adult residential communities.

[Added 9-25-2008 by L.L. No. 1-2008]

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.

Legislative objective. The specific objectives of this zone are:

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.

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.

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.

General provisions.

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.

The 1R-50, 1R-40 and 1R-35 Districts shall be the eligible host for this special permit use.

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.

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.

Each dwelling unit with an ARC Zone must have at least one owner/resident who has attained the age of 55 years of age.

Application procedure.

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.

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:

Metes and bounds description of the proposed district.

A survey of the parcel prepared and certified by a licensed land surveyor.

A proposed preliminary plan, drawn to scale, showing existing conditions of the parcel, including:

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.

Initial review.

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.

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.

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.

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.

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:

Compatibility with the neighborhood in which the special permit is proposed, potential for separation from nearby uses, and environmental factors.

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.

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.

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.

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.

Village Board review.

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.

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.

Limitations on occupancy.

The occupancy of active adult residential communities shall be limited to:

Active adults;

Active adult households;

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.

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.

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.

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.

Additional requirements.

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.

Dwelling units shall be centrally air-conditioned, with individual thermostatic controls for heating and air-conditioning.

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.

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.

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.

Site plans and approvals.

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.

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.

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.

TRAINING AND VOCATIONAL REHABILITATION SERVICES TO PERSONS

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.

§ 290-57.1 Rehabilitation, respite and training facilities.

[Added 4-21-2016 by L.L. No. 1-2016[1]]

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:

As used in this section, the following terms shall have the meanings indicated:

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.

TEMPORARY RESIDENTIAL

Living on site at the premises for a period of less than one year at a time.

Notwithstanding the terms and provisions of Subsection A hereinabove:

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

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.

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.

A second means of ingress/egress shall be provided from the site.

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.

The use shall comply with all other applicable local laws of the Village of New Hempstead.

Editor's Note: This local law also provided that any preexisting nonconforming building(s) located on the premises shall not be required to comply with this chapter, as amended, as to the number and classification of building(s), provided that the Board of Trustees determines that the special permit use does not adversely affect the surrounding neighborhood.

§ 290-57.2 Places of assembly.

[Added 6-14-2017 by L.L. No. 3-2017]

The following are the minimum requirements for a place of assembly special permit use:

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.

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.

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.

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.

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.

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.

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.

The lot shall comply with zero net increase in stormwater runoff drainage requirements, as determined by the Village Engineer.

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.

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.

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.[1]