[Added 12-19-2022 by L.L. No. 5-2022]
A.
By this legislation, it is the intent of the Village Board of Trustees
of the Village of Valley Stream to utilize the zoning authority to
establish a sensible regulatory scheme in regard to the introduction
or expansion of religious or educational uses in the Village. The
several provisions hereof are designed and intended to strike a fair
and appropriate balance between the needs and rights of educational
and religious institutions that desire to establish new facilities
or expand existing ones in the Village, and the concerns of the surrounding
Village inhabitants about the potential adverse effects on the quality
of life that these uses may engender.
B.
This legislation fully recognizes the settled public policy in the
State of New York that systematic exclusion of religious or educational
institutions from a zoning district is beyond the power of any municipality,
because such uses are always presumed to be in furtherance of the
public health, safety and morals. However, it is equally established
in New York that this presumption is subject to rebuttal on a case-by-case
basis by a substantial showing that a proposed religious or educational
use at a particular location would actually have a net negative impact
on the surrounding neighborhood. Some specific instances in which
religious or educational uses may be found to have negative effects
are where they may impose:
C.
This legislation accommodates the competing interests as aforesaid
by establishing a reasonably drawn special permit requirement for
applications seeking to establish or expand religious or educational
uses in the Village, to be implemented by the Board of Zoning Appeals.
D.
Ultimately, the governing standard to guide the Board of Trustees'
deliberations in passing on the merits of such applications shall
be the protection of the public's health, safety, welfare and morals.
Where it may be shown that a proposed religious or educational use
will sufficiently detract from the public's health, safety, welfare
or morals, an application for a special use to establish or expand
the institution may properly be denied by the Board. In less adverse
cases, appropriate restrictions may be imposed in the form of conditions
to be attached to the grant of a special use, limiting either the
extent of the religious or educational use itself, or the nature and/or
extent of its proposed accessory uses, if any. In any event, such
conditions shall be reasonably drawn to counteract the deleterious
effects on the public's welfare, but not, by their cost, magnitude
or volume, operate indirectly to exclude the religious or educational
use altogether.
In this article, the following terms shall have the meanings
provided:
A use of a building or premises that, while not religious
or educational in nature, is customarily incidental to the primary
use of a building or premises as a religious or educational use.
A private school that has been chartered by the Board of
Regents of the State of New York.
A house of worship or other place regularly and primarily
devoted to religious practice.
A.
Upon the effective date of this article and at all times thereafter,
no religious use or educational use may be established or expanded
in any use district of the Village unless and until a special use
permit has been granted to authorize same, as provided in this article.
B.
Accessory uses.
(1)
Upon the effective date of this article and at all times thereafter,
no accessory use shall be permitted in any use district of the Village
unless it is located on the same parcel as the primary religious or
educational use to which it is accessory, or immediately adjacent
thereto, and a special use permit has been granted by the Board of
Zoning Appeals, expressly finding same to be a bona fide accessory
use and authorizing its conduct in conjunction with the on-site primary
religious or educational use to which it relates, or such proposed
accessory use is not on the same or immediately adjacent premises
but is in any event an independently permitted use in the zoning district
in which it is located, such that any proposed accessory use which
is not on the same parcel as its primary religious or educational
use, or immediately adjacent thereto, and is not an independently
permitted use in the zoning district in which it is located, shall
be deemed a prohibited use under this article and shall not be permitted
except upon the grant of a use variance, regardless of either its
status as "customarily incident" to a primary religious or educational
use that is located elsewhere or its affiliation or legal relationship
with any such religious or educational use.
A.
All applications for a special use permit under this article shall
originate by the filing of a building permit application with the
Supervisor of Buildings.
B.
If the application is denied for a violation of this article, applicant
may file an application to the Board of Zoning Appeals for a special
use permit as provided herein, on a form to be provided by the Board.
C.
The special use permit procedure shall be subject to the same public
notice, hearing and decisional requirements as are applications to
the Board of Zoning Appeals in the case of area or use variances.
D.
The Board of Zoning Appeals, in passing on applications for special
use permits hereunder, shall resolve all questions of fact that are
put before it, and shall determine whether a grant of the application
shall protect and preserve the public's health, safety, welfare and
morals. In this regard, it shall specifically consider whether the
particular religious use, educational use or accessory use may impose
the following negative impacts:
(1)
A significant traffic congestion problem that jeopardizes public
safety;
(2)
A substantial adverse effect on surrounding property values;
(3)
A significant over-taxation of basic municipal services;
(4)
A cognizable and substantial fire or other emergency risk; and/or
(5)
Any other negative impact, including chronic conditions of substantial
noise disturbance or garbage accumulation, which may necessarily occur
as a result of the conduct of the proposed use, as may be borne out
by substantial evidence in the record before the Board.
E.
Decision.
(1)
If the Board of Zoning Appeals finds that the proposed religious,
educational or accessory use may be introduced or expanded at the
proposed location without any significant negative impacts, it may
grant the special use permit requested.
(2)
If the Board of Zoning Appeals finds that such proposed use
may not be introduced or expanded at the proposed location without
causing significant negative impacts, but that such negative impacts
may be substantially mitigated by imposition of appropriate conditions
that do not, by their cost, magnitude or volume, operate indirectly
to exclude the use altogether, then the Board may grant the special
use, subject to such conditions.
(3)
If the Board of Zoning Appeals finds that such proposed use
may not be introduced or expanded at the proposed location without
causing significant negative impacts, and that such negative impacts
cannot be substantially mitigated by imposition of appropriate conditions
that do not, by their cost, magnitude or volume, operate indirectly
to exclude the use altogether, and that the degree of negative impact
is such that the introduction or expansion of the proposed religious,
educational or accessory use at a particular location would actually
have a net negative impact on the surrounding residential neighborhood
or be substantially dangerous to the surrounding area, then the Board
may deny the special use.
The fees for a special use permit or a renewal thereof under this article shall be in accord with the fees applicable to special use permits under Chapter 99 of this code.
