§ 331-88. Procedure.

A. 

Application. Applicants shall submit a preliminary special permit use application to the Bureau of Buildings prior to formal submission of a complete special permit use application to the approving agency, except that valet operations subject to Article XXI, and Tandem Parking subject to § 331-54.2C(3), are not subject to this subsection of the code. All formal applications shall be submitted to the approving agency in advance of the meeting at which they are to be considered in accordance with the appropriate procedure. An application shall be considered officially submitted at such meeting, provided that the approving agency determines such application to be complete. If not, such application shall be rejected. The special permit application shall include an application for site plan, including required fees associated with such site plan review, which meets the requirements of § 331-117, as well as a written statement describing the nature of the proposed use and how it will meet the requirements of this chapter. If such special permit application involves only interior changes to building with no changes to use or exterior changes to building, a site plan application shall not be required.

[Amended 10-20-2009 by Ord. No. 199-2009; 5-20-2015 by Ord. No. 112-2015; 3-15-2016 by Ord. No. 75-2016]

B. 

Review and decision. Review shall be in accordance with the following procedure:

(1) 

Review by other agencies. Upon acceptance of a complete application, the approving agency shall within 10 days forward copies for review and report to such other agencies and officials of the City as it deems appropriate. All such agencies and officials shall be given 30 days from the date of forwarding to submit their reports and/or comments. In addition, copies shall be forwarded, with the notice of public hearing, to the Westchester County Planning Board and to the clerks of abutting municipalities when required by law.

(2) 

Compliance with SEQRA. All applications shall be in compliance with the provisions of the State Environmental Quality Review Act under Article 8 and its implementing regulations.

(3) 

Public hearing. A public hearing on an application for a special permit use shall be held by the approving agency within 62 days of the date that a complete application is received.

(4) 

Notice.

(a) 

Notice of such hearing and of the substance of the application shall be given by the City by publication in the official newspaper at least 10 days before the date of such hearing. A copy of such notice shall also be transmitted to the applicant. The applicant must notify any property owner within 250 feet of the boundary of the property which is the subject of the application by sending a copy of the notice of hearing by certified mail, return receipt requested, to such neighboring property owners whose names appear as the owners of record in the Office of the Assessor of the City of New Rochelle. Such notice shall be mailed not less than seven days before the date of the public hearing. The applicant shall file with the approving agency a duly sworn affidavit attesting that such property owners were so notified. The affidavit shall be filed not fewer than three days prior to the date of the public hearing.

(b) 

In addition, the applicant shall post a sign on the property which is the application on or before 15 days prior to the first date of public hearing and shall remove such sign within two days following such hearing. The sign shall be obtained from the Department of Development and shall be at least 30 inches by 20 inches, consist of sturdy and serviceable material containing a white background with black letters and shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts but in no case more than 20 feet back from the front lot line. Such sign shall be not more than three feet above the ground and shall read as follows, in legible lettering at least two inches:

"THE USE OF THIS SITE IS PROPOSED TO BE CHANGED AS FOLLOWS: (DESCRIBE PROPOSED CHANGE). THIS MATTER IS SUBJECT TO PUBLIC HEARING AT CITY HALL ON (GIVE DATE AND TIME)."

(c) 

Prior to the first public hearing on the application, the applicant shall submit a notarized statement to the approving board certifying full compliance with the requirements set forth above.

(5) 

Action. Within 45 days of the date that the public hearing is closed, the approving agency shall make its decision and shall file with the Building Official a written report setting forth the facts of the case and its findings, conclusions and decisions on the application. The approving agency may only authorize the issuance of a special permit where it finds that all standards of this chapter have been met or a variance therefrom has been granted.

(6) 

Extension of time periods. The applicant may grant extensions of any of the above stipulated time limits; provided, however, that any extension of time granted to an official or agency making a report to the approving agency shall equally extend any time limit for the approving agency.

(7) 

The Planning Board's failure, if any, to comply with any of the procedures set forth herein shall not be deemed approval of the application.

Amended 7-16-2002 by Ord. No. 139-2002; 6-14-2005 by L.L. No. 2-2005