[Added 5-29-1985 by L.L. No. 9-1985]
The special permit uses for which conformance to additional standards is required by this chapter (see Article X) may be considered to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in this section, in addition to all other requirements of this chapter. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.
Where special permit approval 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 permit has been approved by the
Board of Trustees.
An application for a special use permit shall be made and processed in accordance with the provisions of Article XXII, Site Development Plan Approval, of this chapter.
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 any special use permit
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 permit.
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.
No use for which a special permit is required may be established
within 250 feet of a residence.[1]
[1]
Editor's Note: This subsection was amended by L.L. No. 4-2015;
however, due to the invalidation of said local law by the Supreme
Court of Nassau County 6-30-2016, said subsection reads as it did
prior to the 2015 amendment.
F.
No use for which a special permit is required may
be established within 250 feet of another parcel of land on which
a special use exists.
The Board of Trustees shall attach such conditions
and safeguards as are, in its opinion, necessary to ensure initial
and continual conformance to applicable standards and requirements.
In all cases, the Board of Trustees shall retain continuing jurisdiction.
A special 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 issuance. 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 permit.
Upon finding that a material and essential condition of the permit
has been violated, the Board 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.
