A. 
The purpose of special use permit approval is to allow the proper integration into the community of uses which may be suitable only on certain conditions and at appropriate locations. Because of their unusual characteristics or the special characteristics of the area in which they are to be located, specially permitted uses require special consideration so that they may be properly located with respect to the objectives of this chapter and their effect on surrounding properties.
B. 
Special uses are generally considered to be uses that have a higher potential for incompatibility with adjacent uses. By requiring the individual review of special use permit applications, the Planning Board helps to determine the level of compatibility of a use in its proposed location.
A. 
A special use permit application shall be submitted for any proposed use or activity requiring a special use permit under this chapter.
B. 
The Planning Board shall hear and decide all applications for special use permits.
C. 
Special use permits run with the land. Once granted, a special use permit is authorized with respect to the specified use and/or property rather than the applicant or property owner. Any change of use which results in a departure from operations and conditions authorized under the existing special use permit shall require the review and issuance of a new permit.
A. 
Application submittal. Special use permit applications shall be submitted, processed, and reviewed in accordance with Article XVI of this chapter.
B. 
Required application materials. The following shall be required of all special use permit applications:
(1) 
A special use permit application form, including the name, address, and signature of the applicant, owner of record, and developer; and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials, if applicable.
(2) 
Description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seating capacity, and proposed number of off-street vehicle and bicycle parking spaces.
(3) 
A certified land survey showing the boundaries of the applicant's property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the reviewing board.
(4) 
A narrative report describing how the proposed use will satisfy the criteria set forth in the special use permit review criteria of this chapter, as well as any other applicable requirements relating to the specific use proposed.
(5) 
A site plan indicating the following with regard to the property in question, where applicable:
(a) 
The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 300 feet of the property in question.
(b) 
The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.
(c) 
The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d) 
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.
(e) 
The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.
(f) 
The location of existing and proposed utility systems, including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales.
(g) 
The location, height, intensity, and bulb type (sodium, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown.
(h) 
The location, height, size, material, and design of all existing and proposed signs.
(6) 
Elevations at a scale of one-quarter inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color of materials to be used.
(7) 
A detailed traffic study, upon request of the Planning Board, to include:
(a) 
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels;
(b) 
The projected traffic flow pattern, including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and
(c) 
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak-hour traffic levels and road capacity levels shall also be given.
(8) 
An application for Village electric services as provided by the Village Clerk.
(9) 
All SEQR documentation as required by New York State law.
(10) 
The special use permit application fee, as established by the Village Board.
C. 
Additional requirements. The Planning Board may request additional information beyond what is listed in this section and may ask that it be presented in graphic form accompanied by a written text, and/or prepared by a licensed professional if such additional materials are deemed necessary for a complete assessment of the special use.
D. 
Waived requirements. The Planning Board may waive special use permit application requirements, as it deems appropriate. All waived requirements shall be noted in the Board's resolution determining the application to be complete.
A. 
Where a special use proposal also requires site plan review, the application requirements of Article XVIII shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
B. 
The applications may be considered concurrently; however, the Planning Board shall issue decisions for each action (special permit and site plan review) separately.
A. 
In reaching a decision, the Planning Board shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, written findings on whether or not the proposed use:
(1) 
Will be generally consistent with the goals of the Village's Comprehensive Plan;
(2) 
Will meet all relevant standards, guidelines, and requirements set forth in this chapter, including any applicable requirements of Article VIII, Additional Use Regulations;
(3) 
Will be an economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;
(4) 
Will be compatible with existing uses adjacent to and near the property;
(5) 
Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the traditional character of the Village;
(6) 
Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;
(7) 
Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;
(8) 
Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;
(9) 
Will be in compliance with the Village's policy for electric service and use by a nonresidential electric customer;
(10) 
Will not destroy or adversely impact significant historic and/or cultural resource sites; and
(11) 
Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.
B. 
Failure to meet one or more of the above criteria may result in denial of an application.
A. 
A public hearing shall be held by the Planning Board prior to issuing a decision on any special use permit application.
B. 
Notice of the public hearing shall be provided by mail to all owners of real property immediately adjacent to or across from the property in question.
C. 
Notice of the public hearing shall be made via media, posting, and mail as provided for in § 250-166.
A. 
The Planning Board may impose conditions on or require modifications of the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood.
B. 
Such conditions may include limitations on the time for which the permit is granted.
C. 
Any conditions included as part of approval shall be expressly set forth in the motion authorizing the special use permit and incorporated into the written decision.
A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than six consecutive months for any reason.
Proposed amendments or revisions to an approved special use permit shall be subject to review and approval in accordance with this article. The issuance of a new, updated special use permit shall be required.