[Added 7-30-1985 by L.L. No. 5-1985]
Where a special use permit is required by the
terms of this chapter, no building permit and, in the case of a change
of use, no certificate of occupancy shall be issued by the Building
Inspector until a special use permit has been approved by the Board
of Trustees.
A.
Application for a special use permit shall be made
and processed by the Board of Trustees as provided for in Village
Law § 7-725-b.
[Amended 12-2-1999 by L.L. No. 3-1999]
B.
In addition, upon receipt of a complete special use
permit application, the Board of Trustees shall refer said application
to the Planning Board for an advisory report, which report shall be
rendered within 45 days of the receipt of such referral by the Planning
Board. The applicant may grant extensions of time to the Board of
Trustees and the Planning Board; provided, however, that any extension
of time granted to the Planning Board shall equally extend the time
within which the Board of Trustees must act.
[Added 3-3-2011 by L.L. No. 1-2011]
Notice of hearings, conducted pursuant to § 248-260 and § 248-261 of this chapter, shall be given by the applicant, by certified mail, return receipt requested, to owners of property located within a two-hundred-foot radius of the property, which is the subject of such application, no more than 20 days prior to the hearing date, and no less than 10 days prior to the hearing date. Notice of hearings, conducted pursuant to § 248-260 and § 248-261 of this chapter, shall be given as well by publication in the official newspaper of the Village of Westbury, not less than 10 days prior to the date of the hearing.
The Board of Trustees may authorize the issuance
of a special use permit, provided that it finds that all of the following
conditions and standards have been met:
A.
The location and size of the 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
district 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 use will not hinder or discourage the
appropriate development and use of adjacent land and buildings.
C.
Operations in connection with the proposed use will not be more objectionable
to nearby properties by reason of noise, fumes, vibration or other
characteristics than would be the operation of any permitted use not
requiring a special use permit. In particular, special consideration
should be given to the proximity of the proposed use to residential
properties in the immediate area, considering the factors listed herein.
[Amended 3-3-2016 by L.L.
No. 4-2016]
D.
Parking areas will be of adequate size for the particular
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 and adequate safety.
E.
Notwithstanding any other provision of this section, the Board of
Trustees shall not be required to consider, schedule, hear or approve
any application for a special permit if it shall appear that the applicant
has done or permitted to be done any act on the subject site in violation
of this chapter or any other chapter of the Code of the Village of
Westbury, provided that the appropriate enforcement officer or employee
of the Village shall also determine that a violation has occurred,
and has commenced or is about to commence enforcement proceedings
in or before the appropriate court and/or agency, until any one of
the following events shall occur:
[Added 1-7-2016 by L.L.
No. 1-2016]
(1)
The apparent violation has been corrected or removed as reported
to the Board of Trustees by the appropriate enforcement officer or
employee.
(2)
A final determination has been rendered by the appropriate court
or agency dismissing the enforcement proceedings.
(3)
A final determination has been rendered by the appropriate court
or agency finding the applicant guilty of violating the Code, the
fine or penalty has been paid and the violation corrected, provided
that the Board of Trustees may determine it impossible or impractical
to correct the violation and, upon making that finding, may permit
the special use permit review process to proceed.
(4)
For the number of days the special permit application has been
suspended by the Board of Trustees in the manner herein provided,
the time within the Board of Trustees must otherwise act with regards
to a site development plan application shall be extended correspondingly.
The Board of Trustees shall attach such conditions
and safeguards as are, in its opinion, required to protect neighbors
from excessive light, noise or other nuisances, or are necessary to
ensure initial and continual conformance with all applicable standards
and requirements. In all cases, the Board of Trustees shall retain
continuing jurisdiction.
A special use permit shall be deemed to authorize
only the particular use or uses specified in the permit and shall
expire if said use or uses shall cease for more than six months for
any reason, or if all required improvements are not completed within
18 months from the date of issue. The Board of Trustees shall have
the power and authority to designate terms and conditions which it
deems material and essential in connection with any special use permit.
Upon finding that a material and essential condition of the permit
has been violated, the Board of Trustees may adopt a resolution terminating
the permit. The permit holder shall be entitled to a public hearing
before the Board of Trustees regarding the occurrence of any such
violation, upon five days' written notice.
[1]
Editor's Note: Former § 248-265, Prohibited locations
for special uses, as amended, was repealed 3-3-2016 by L.L. No. 4-2016.
