[Amended 11-20-1967 by Ord. No. 67-9; 11-20-1967 by Ord. No. 67-10; 7-13-1987 by L.L. No. 4-1987; 12-9-1991 by L.L. No. 12-1991]

[Amended 3-24-2003 by L.L. No. 3-2003]

A. Where a special use permit is required, no building permit or certificate of occupancy shall be issued by the Superintendent of Buildings except upon authorization of and in conformity with the terms and conditions of the special use permit approval.

B. In all cases where a variance is required, the applicant shall first apply to the Village Board of Trustees for approval of the special use. Any special use permit approval will be conditional upon the grant of necessary variances by the Board of Zoning Appeals.

C. A determination regarding the proposed special use permit by the Nassau County Planning Commission must be submitted prior to the public hearing unless the Commission provides a nonjurisdictional letter.

D. Preliminary review by the Superintendent of Buildings of the complete special use permit submission is required. The Superintendent will prepare a report to the Board of Trustees which will address the criteria set forth in Subsection I of this section. A copy of said report shall be provided to the applicant.

E. Fees.

(1) All submissions for special use permit approval shall be accompanied by a fee as established by the Board of Trustees to compensate the Village for its costs of review, including retaining consultants and for expert opinions as may be deemed necessary by the Village.

(2) Such fees do not cover the cost of the review by the Village of an environmental assessment form (EAF) or the preparation and review of an environmental impact statement (EIS), if an EIS is deemed to be necessary. The applicant shall be responsible for the total cost of any environmental review that is determined by the Village to be necessary to meet the requirements of the State Environmental Quality Review Act (SEQRA).

F. Prior to a special use permit application being referred to the Board of Trustees for a public hearing:

(1) The application for special use permit review will not be deemed accepted by the Village and will not be referred to the Board of Trustees for a public hearing until the Superintendent of Buildings determines it to be complete in accordance with the provisions of this section. The Building Department, in consideration of the criteria for special use permit review, shall determine whether additional documents, engineering studies, surveys, site plans, landscape plans, or other submissions are to be provided by applicant so as to constitute a complete submission for review by the Board of Trustees.

(2) No application shall be deemed complete until it . meets the SEQRA requirements as deemed necessary by the Village. .

G. The following must be submitted in an application for a special use permit review: (1) A completed special use permit application on forms provided by the Village together with each attachment thereto which constitutes part of the applicant's submission.

(2) In a separate document, applicant will set forth the name and address of the applicant, the owner, and the licensed professional(s) engaged to work on the project. Where the applicant or owner is a corporation, this document shall include the names and addresses of all directors and stockholders.

H. Scheduling of public hearing and service requirements.

(1) The report of the Superintendent of Buildings must be filed with the Village Clerk. The report will contain a statement that the application for special use permit is complete with respect to all submission requirements, including filing of documents pursuant to SEQRA regulations. The report shall also state that a copy thereof has been served upon the applicant or the applicant's representative.

(2) Scheduling of public hearing. Upon filing of the report of Superintendent of Buildings, the special use permit application shall be scheduled for a public hearing. The public hearing will be scheduled to review the special use permit application in accordance with the criteria set forth in Subsection I herein and Village Law § 7-725-b.

(3) Upon setting a date for the public hearing, a notice of the hearing shall appear in the official newspaper of the Village for two consecutive weeks.

(4) For its review of the special use permit application, the Board of Trustees shall act as lead agency and comply with the provisions of SEQRA and shall complete its SEQRA review in coordination with the public hearing.

(5) In addition to the requirements of Subsection F herein, the special use permit application will not be considered complete until the applicant has provided to the Village Clerk:

(a) The following documents:

[1] Ten copies of a completed special use permit application and its attachments, using forms provided by Village.

[2] Ten copies of a radius map depicting all properties within 200 feet of the subject property boundary lines showing the size of said properties with the Lynbrook Tax Map section, block and lot of each said property clearly noted. This radius map must also note any Town of Hempstead, County of Nassau, State of New York, or sister Village boundary or property line within 500 feet of the subject property as described in General Municipal Law § 239m.

[3] Ten copies of a complete and accurate list of the names and addresses of the owners of all properties within a radius of 200 feet of the boundary lines of the property affected by the application.

[4] One original conflict of interest disclosure statement on forms provided by Village.

(b) A notice using a form provided by the Village to be sent to each property owner in the manner described below, signed by the applicant, his agent or attorney, identifying the subject property, stating the relief requested and the date, time and place fixed by the Board for a hearing.

[1] This notice shall be served upon every owner of property within the two-hundred-foot radius of the boundary lines of the subject property in the following manner:

[a] By certified mail, return receipt requested, to each property owner whose property abuts the subject property.

[b] By first class mail addressed to every other property owner within said two-hundred-foot radius at their residence addresses.

[c] By first class mail to the county, town or such Village whose boundaries or property is within a five-hundred-foot radius of the boundaries of the subject property.

[2] Each of the aforesaid notices shall be mailed not less than 10 days nor more than 20 days before the date set for the public hearing.

[3] An affidavit of service with respect to said mailings shall be filed in the office of the Village Clerk at least five days before the date of the public hearing. The certified mailing receipts shall be filed with the Village Clerk's office two days before the public hearing.

I. General criteria for special use permit review.

(1) In reviewing an application for special use permit approval, the Board of Trustees shall first consider the findings, requirements and recommendations included in the report of the Superintendent of Buildings and the report of any other department head.

(2) The Village Board shall next consider the following. [Amended 7-28-2003 by L.L. No. 6-2003]

(a) The relationship and compatibility of the proposed special use with the surrounding neighborhood; and whether the special use would have any negative economic, social, natural or physical effect on the surrounding neighborhood, any Village residents, or the Village as a whole.

(b) Whether the proposed special use will have a materially adverse aesthetic impact such as to negatively affect the economic, social, physical or material assets or character of the surrounding properties or the Village as a whole.

(c) Whether a limitation of the time during which the special use permit will remain in effect would be reasonably required for a reevaluation of the impacts of the special use upon the neighborhood, Village residents, of the Village as a whole considering the nature of the special use and its effects on the neighborhood, Village residents and the Village as a whole applying the criteria of Subsection I of this section.

(d) Environmental considerations under SEQRA regulations, the preservation of natural resources, and the preservation and/or replacement of trees.

(e) Traffic impact, if any.

(f) Conformance with Village zoning and land use controls to the extent that:

[1] The proposed special use would affect the neighborhood and the comfort, convenience, safety, health, and welfare of its population; and

[2] The proposed special use would have an effect on Village services, traffic and parking.

(g) The health, safety and welfare of Village residents.

J. Determination by Board of Trustees.

(1) At the conclusion of the public hearing, the Board of Trustees may, within its discretion, impose such conditions as it may deem necessary considering the criteria set forth in Subsection I.

(2) The Board of Trustees shall act on the special use permit application by a majority of the Board in a written decision to either approve, disapprove or approve with conditions.

(3) If the special use permit application is disapproved, the Board of Trustees' decision shall state specific reasons for its decision. The reasons must be based upon the criteria set forth in Subsection I and may not be based upon generalized community opposition to the application.

(4) Upon approval or approval with conditions, the Superintendent of Buildings shall be authorized to issue the appropriate permit if the applicant conforms to all applicable conditions.

K. Costs for review. Reasonable costs incurred by the Building Department or Board of Trustees for private consultation fees or other extraordinary expense in connection with the review of Line proposed special use permit shall be charged to the applicant. Such costs shall be in addition to the application fee required. Payment of said costs may be required upon review of the special use permit application submissions by the Superintendent of Buildings in advance to cover the anticipated costs of such consultant review and other related review expenses.

[Added 4-19-1993 by L.L. No. 5-1993; amended 11-18-1996 by L.L. No. 8-1996; 7-21-1997 by L.L. No. 2-1997; 8-22-2005 by L.L. No. 7-2005]

A. The Board of Trustees may authorize the use of the entire property for an adult home as defined by Social Services Law § 2, Subdivision 25, and/or an enriched housing program as defined by Social Services Law § 2, Subdivision 28, as a special permit, provided that:

(1) The property is situated entirely within a Commercial District.

(2) The property is at least 40,000 square feet in total area.

(3) The property does not front on more than one Village street.

(4) The Board finds that the health, safety and general welfare of the public is not adversely affected.

B. Conditions and restrictions. The Board may impose any or all of the following conditions and restrictions on the use of the property. The Board of Trustees may impose such coverage restrictions, height restrictions, off-street parking restrictions and any other land use restrictions or conditions which, in it's opinion, are necessary to protect the health, safety and general welfare of the community, including the addition of appropriate vegetative buffers between parcels.

C. Required plans.

(1) In connection with the application, the applicant shall submit:

(a) A site plan.

(b) A detailed landscape plan.

(c) A lighting plan.

(d) Such other plans as the Board of Trustees may find useful and helpful in evaluating the application.

(2) The Board of Trustees, by resolution, shall establish the requirements for the proposed site plan, the proposed landscape plan and the proposed lighting plan.

D. Grant of permit.

(1) The Board of Trustees may grant the permit hereunder, provided that the foregoing conditions are met, and provided that it affirmatively finds, based upon substantial evidence in the record, that the proposed use of the property or the erection, alteration or maintenance of an existing or proposed structure will not create a hazard to the health, safety, morals or general welfare.

(2) The standards set forth herein are not exclusive of other considerations, including environmental matters, relating to health, safety and general welfare, all of which shall be considered by the Board of Trustees in determining whether to issue the special permit.

E. As a condition to the issuance of any permit hereunder, the Board of Trustees may require the posting of a bond or other security in such form that shall be approved by the Village Attorney and in an amount sufficient for one (1) or more of the following purposes:

(1) To insure the conformity of all improvements on the property with the plans approved by the Board:

(2) To recompense the village for services of any professional assistance or consultants retained in considering the proposed use or any plans or proposals in respect thereto.

(3) In the event that the proposed construction or improvements fail to meet the requirements of this Article, including the conditions imposed by the Board of Trustees, the applicant shall restore the lot to a safe and sightly condition.

F. To the extent not authorized by this Article or by the terms of the permit issued by the Board of Trustees, the other provisions of this chapter applicable to uses, site plans, etc., in the Commercial District shall apply to the entire property, irrespective of the zoning.

G. Any judicial proceeding to review any determination of the Board of Trustees made hereunder shall be brought pursuant to the Civil Practice Law and Rules, Article 78, within thirty (30) days of the filing of the decision of the Village Clerk's office.

[Added 4-18-1994 by L.L. No. 4-1994]

The Board of Trustees may, after public notice and hearing, hear and decide an application to permit an amusement center to maintain more than two (2) licensed amusement center games, subject to the following conditions and restrictions:

A. The subject property must be located entirely within an industrial zoning district of the village.

B. No part of the subject property may be located less than one thousand (1,000) feet from a public library; a house of worship or a public, private or parochial school that is licensed by the Education Department of the State of New York.

C. No part of the subject property may be located less than two hundred (200) feet from the boundary of any residential zoning district.

D. The amusement center game use must be accessory and secondary to a permitted recreational use, and such recreational use must be the primary use conducted on the subject property.

E. No special permit may be granted hereunder unless the subject premises contains more than two thousand five hundred (2,500) square feet of ground floor usable public area (as defined in Chapter 66, Amusements), as determined by the Superintendent of Buildings.

F. The total number of amusement center games (including video games as determined pursuant to Subsection G) shall not exceed the lesser of:

(1) One (1) game for each one hundred-fifty (150) square feet of ground floor usable public area (as defined in Chapter 66, Amusements), as determined by the Superintendent of Buildings;

(2) One hundred (100) amusement center games; or

(3) Such other lesser number as the Board of Trustees in its discretion may establish as the maximum number of permitted amusement center games.

G. The number of video games (as defined in Chapter 66, Amusements) shall not exceed the lesser of

(1) One (1) game for each one hundred fifty (150) square feet of ground floor usable public area (as defined in Chapter 66, Amusements), as determined by the Superintendent of Buildings;

(2) Fifty (50) video games; or

(3) Such other- lesser number as the Board of Trustees in its discretion may establish as the maximum number of permitted video games.

H. All video games and pinball machines approved hereunder shall be located in a single and separate area located in the interior of the building on the subject property, and the applicant shall designate an individual as a monitor who shall supervise the use and operation of the video and pinball machines.

I. No alcoholic beverages of any kind may be sold, distributed or permitted on the premises of an amusement center that receives a special use permit hereunder.

J. In granting an application for a special use permit, whether in whole or in part, the Board of Trustees may impose any special conditions it deems appropriate. Without limitation, the Board of Trustees may prohibit specified types of amusement center games in order to protect the public health, safety and general welfare.

K. The Board of Trustees may grant a special use permit hereunder, provided that the foregoing conditions and restrictions are met and further provided that the applicant demonstrates by clear and convincing evidence on the record, and the Board of Trustees affirmatively finds, that the proposed use of the property will not be dangerous or detrimental to the public health, safety or general welfare and will not adversely affect adjacent and nearby properties. In making its determination, the Board of Trustees may also take into consideration any other factors it deems relevant.

L. A special use permit issued hereunder shall expire two (2) years after the time of its issuance, unless sooner terminated as set forth in Subsection M or otherwise terminated by law. Application to renew the special use permit may be made to the Board of Trustees in the same manner as an original application under this section.

M. The Board of Trustees may revoke a special use permit prior to its expiration for a violation of any of the terms or conditions of the decision granting the special use permit or of any provision of Chapter 66, Amusements, or if the use of the property is or becomes dangerous or detrimental to the public health, safety . or general welfare. Without limitation, reports of the police and other village departments and other law enforcement agencies shall be relevant to the Board's determination as to whether the use of the property has become dangerous or detrimental to the public health, safety or general welfare.

N. The interior or exterior area of an amusement center may not be increased or decreased at any amusement center receiving special permit approval hereunder without the prior approval of the Board of Trustees.

O. A special use permit granted hereunder shall expire and be of no further force or effect one (1) year after it is granted unless within such period of time a permit is validly issued by the Department of Buildings and construction or use is legally commenced in accordance with the decision granting the special use permit.

P. No request for a special use permit hereunder may be granted unless the premises is in compliance with the off street parking requirements and building height limitations as set forth in this chapter, without the necessity of a variance.

Q. If any part or parts of this section are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this section. The Board of Trustees hereby declares it would have enacted this section and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases might be declared invalid.

R. In the event that the Board of Trustees grants a special permit hereunder, prior to issuance of a certificate of occupancy, the applicant shall provide a declaration of covenants and restrictions executed by the applicant and the owner of the real property, in recordable form acceptable to the Village Attorney, consenting to all of the terms and conditions of the decision granting the special use permit and the requirements of this section.