§ 70-140. Special uses., Article XVII. Business B District, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Any use of the same general character as any of the uses hereinbefore specifically permitted may be authorized by the Board of Zoning and Appeals after a public hearing pursuant to Article XXIV, except as provided for in § 70-140B, C and D below.

[Amended 12-11-2012 by L.L. No. 19-2012]

"Big-box commercial use," defined as a single-use commercial retail establishment with 85,000 square feet or more of gross floor area, may be permitted only when authorized by the Town Board after a public hearing, pursuant to the provisions of Article XXVIII, Special Permits.

"Motor vehicle repair shop," as defined in § 70-231, may be permitted only when authorized by the Town Board after a public hearing, pursuant to the provisions of Article XXVIII. In the consideration and determination of such applications, the Town Board shall apply the following standards:

(1)

Whether the proposed use is harmonious with surrounding uses and not in conflict with the general character of the community.

(2)

Whether the proposed use will be objectionable to surrounding properties by reason of excessive light, noise or vibrations.

(3)

Whether the proposed use will be hazardous to or conflicting or incongruous with the immediate neighborhood by reason of excessive traffic or parking of vehicles.

(4)

Whether the proposed use provides an essential service to the community.

For properties located within the Port Washington Business Overlay District and in full conformity with the standards of Article XXC, mixed-use buildings having a ground floor containing one or more of the uses authorized under § 70-138A through C and residential use on the upper floors may be permitted when authorized by the Town Board after a public hearing, pursuant to the provisions of Article XXVIII. In determining the eligibility of a property for mixed-use occupancy, the provisions of § 70-195.25 will be applied in addition to the criteria established in § 70-225B.

[Added 12-11-2012 by L.L. No. 19-2012]