[Added 10-21-1985 by L.L. No. 5-1985; amended 4-6-1987 by L.L. No.
1-1987]
The provisions of this article shall apply to the Light Industrial
District.
In the Light Industrial District, a building may be erected,
altered or used or a lot or premises may be used for a recreational
complex consisting of indoor or outdoor facilities, including, but
not limited to, swimming pool, gym and health club facilities, tennis,
squash, handball, racquetball and badminton courts, together with
related community service facilities, meeting room facilities, provided
that the same is operated by an association, not-for-profit corporation
or membership corporation not operating as a gainful business, and
shall be a tax-exempt organization pursuant to the Internal Revenue
Code as evidenced by a ruling or determination from the Internal Revenue
Service.
The Village Board of Trustees, in addition to the powers and
duties set forth in the Village Law and as hereinafter set forth in
this article, may in a specific case, after public notice and hearing
and subject to appropriate conditions and safeguards, authorize the
issuance of a conditional use permit in harmony with the general purpose
and intent as provided for herein.
A.
In the consideration and determination of applications for conditional
uses, the Board of Trustees shall consider the following general standards
applied to the specific application:
(1)
The purposes of zoning as set forth in the Village Law of the
State of New York and uses permitted in the district in which the
property is located.
(2)
Whether the proposed use is of such character, size, location,
design and site layout as to be appropriate to and in harmony with
the surrounding properties, and that the same is landscaped and appropriately
buffered.
(3)
Whether the proposed use will provide a desirable service, facility
or convenience to the area or otherwise contribute to the proper growth
and development of the community and to its general welfare, and that
environmental compatibility is assured.
(4)
Whether the proposed use will be hazardous, conflicting or
incongruous to the immediate neighborhood by reason of excessive traffic,
assembly of persons or vehicles, proximity to travel routes or congregations
of children or pedestrians.
(5)
Whether the proposed use will be of such nature as to be objectionable
to nearby residential dwellings by reason of noise, lights or other
factors of impact.
(6)
Whether the proposed use will be a harmonious use in the district
in which it is to be situated and not hinder or discourage the appropriate
use and development of adjacent uses or impair the value thereof,
and that all of the structures on the site are and shall be readily
accessible to fire and police services, and that said structures comply
with the Village Building Code and the State of New York Building
and Fire Code.[1]
B.
In addition to the foregoing, the Board of Trustees shall either
by its own study and investigation or based upon study and investigation
and recommendation of the Village Planning Board determine the nature
and intensity of the proposed use, the proposed site layout and its
relation to adjacent properties, street access, vehicular traffic
flow, sight distance and pedestrian traffic pattern in order that
traffic and other hazards be controlled to provide maximum safety.
C.
If the Board of Trustees shall determine that the conditional use
provided in this article will conform to the general character of
the neighborhood to which the proposed use will apply and that the
public health, morals, safety and general welfare of such neighborhood
will be secure by the granting of such use, subject to safeguards
imposed by the Board, then the Board shall authorize the issuance
of a permit pursuant to this article. Such permits may be granted
for a temporary period or permanently, as determined by the Board,
and if granted for a temporary period, application for extension of
same shall be subject to public hearing as required in the original
application.
D.
Before an application for a conditional use may be heard by the Board,
a complete and accurate list of the names and addresses of the owners
of all the lands within a radius of 200 feet of the property affected
by such application as appear on the latest completed assessment roll
of the County of Nassau shall be submitted simultaneously with the
application, the applicant shall send, by registered or certified
mail, to each owner shown on said list, not less than 10 days nor
more than 20 days before the date set for a hearing upon this application,
a notice addressed to such owners generally, signed by the applicant,
identifying the property affected thereby and setting forth the use
requested and the date, hour and place fixed by the Board of Trustees
for the hearing thereon. Before such case may be heard by the Board,
the applicant must file with the Clerk of the Board, not later than
five days prior to the hearing date, an affidavit of the mailing of
such notices as herein provided, said affidavit to be made on forms
to be provided by the Board. The provision shall likewise apply to
any application for the extension of a temporary conditional use.
E.
If the Board of Trustees finds that an application for the conditional
use provided in this article or proposed and requested in said application
will not conform to the general character of the neighborhood to which
the proposed use will apply and that the public health, morals, safety
and general welfare of such neighborhood will not be secured by granting
such conditional use, then the Board shall deny such application,
anything in this article to the contrary notwithstanding.
F.
If upon an application for extension of a conditional use permit
the Board finds that the applicant has violated the conditions imposed
in the granting of same or if the Board finds that, because of a change
in the general character of the neighborhood, the public health, safety,
morals and general welfare will be adversely affected by the extension
of such conditional use, then the Board may deny an application for
extension of such conditional use, anything in this article to the
contrary notwithstanding.
