A. Purpose and applicability.
This section provides for the review and approval of special permit uses, as identified by
Table 3-1 of this chapter, by the Zoning Board of Appeals or Planning Board. Such uses typically have unique or widely varying operating characteristics or unusual site development features. While they may be appropriate in a given zoning district, the procedure below encourages public review and evaluation of the specific characteristics of the proposed use and the site in order to assure that proposed special permit uses are in harmony with this chapter and will not adversely affect the surrounding neighborhood or the community at large. In addition, the merger of two or more lots requires a special permit approval.
B. Procedure.
(1) Step one: Application submittal. Applicable.
(2) Step two: Determination of application completeness. Applicable.
(3) Step three: Application referral, review and staff report.
(a) Applicable, with the following addition: If an application for a special permit is within 500 feet of any area described below, it shall be referred to the Rockland County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law:
[1] The boundary of any other municipality (also requires referral to adjoining municipality).
[2] The boundary of any existing or proposed county or state park or other recreation area.
[3] The right-of-way of any existing or proposed county or state road, parkway or other controlled access highway.
[4] The existing or proposed right-of-way of any stream or drainage channel owned by the county for which the county has established channel lines.
[5] The existing or proposed boundary of any county- or state-owned land on which a public building or institution is located.
(b) The Rockland County Planning Board shall review the matter and report its approval, disapproval or recommended modifications within 30 days after receipt of a full statement of the proposed action.
(4) Step four: Public notice. Applicable as set forth in
§ 360-5.4E,
Table 5-2.
(5) Step five: Public hearing. Applicable, with the following addition: The Zoning Board of Appeals or Planning Board must render a decision on the special permit application within 62 days following the close of said hearing.
(6) Step six: Decision and findings. Applicable, with the following addition: The Zoning Board of Appeals or Planning Board may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and hearing consistent with the procedures of this section. Renewal may be withheld only upon a determination by the Building Inspector that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
C. Criteria. In authorizing the issuance of a special permit, the Zoning Board of Appeals or Planning Board shall take into consideration the public health, safety and welfare and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives:
(1) That all proposed structures, equipment and material shall be readily accessible for fire and police protection.
(2) That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) That, in the case of any use located in or directly adjacent to a residential district:
(a) The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with said residential district or conflict with the normal traffic of the neighborhood.
(b) The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(4) That the application is consistent with any additional use-specific standards required by Article III of this chapter.
D. Conforming uses. Any use for which a special permit has been granted shall be considered a conforming use, provided that:
(1) The provision in this chapter under which the permit was issued is still in effect.
(2) The permit was issued in conformity with the provisions of this chapter.
(3) The permit shall be deemed to affect only the lot or portion thereof for which the permit was granted.
Indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special permit use in accordance with the procedures of
§ 360-5.9: Special use permits. Special permit uses are subject to all other applicable regulations of this Code, including the use-specific standards set forth in this article. Both principal and accessory uses may be special permit uses.
