A. 
Purpose. The purpose of this article is to set forth the application procedure for consideration of special uses within individual zoning districts. These procedures apply to certain land uses and activities which, due to their particular characteristics or the nature of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter and their effect on the surrounding properties and community character.
B. 
Pursuant to Article 7 of the Village Law, the Board of Trustees of the Village of Menands shall review and approve, approve with modifications, or disapprove a special use permit for all uses requiring a special use permit in accordance with this chapter and pursuant to the rules and specifications set forth herein.
A. 
Preapplication conference.
(1) 
A preapplication conference between the applicant and the Board of Trustees shall be held to review the applicant's conceptual proposal. The applicant shall provide the Board of Trustees with five copies of a sketch plan accompanied by a narrative description of the proposed special permit use.
(2) 
The preapplication conference may, in the sole discretion of the Board of Trustees, be scheduled simultaneously with any preapplication conference regarding site plan review or subdivision approval.
B. 
Application. Applications for special permits shall be made to the Board of Trustees on forms prescribed by the Board of Trustees. Each application for special permit shall include:
(1) 
A general description of the proposed use;
(2) 
A written statement specifically addressing each of the standards set forth in § 169-56, (Special use permit standards) of this article;
(3) 
A site plan of sufficient scale and detail to allow a thorough evaluation of the standards and requirements of this article;
(4) 
The required filing fee; and
(5) 
Such additional information as may be required by the Board of Trustees or its consultant to demonstrate compliance with any conditions or additional standards which may be imposed on the special use by the Board of Trustees.
C. 
Public hearing and decision.
(1) 
The Board of Trustees shall conduct a public hearing within 62 days from the day an application for a special permit is deemed complete by the Board of Trustees.
(2) 
Public notice of such public hearing shall be printed in the official newspaper of the Village of Menands at least five days prior to the date of the public hearing.
(3) 
The Board of Trustees shall render a decision regarding the application within 62 days from the close of the public hearing or such longer time as is necessary to comply with the requirements of the State Environmental Quality Review Act (SEQRA). The time within which the Board of Trustees must render a decision may be extended by mutual consent of the applicant and the Board of Trustees.
(4) 
The Board of Trustees shall render a written decision approving, approving with conditions, or disapproving the application for a special use permit.
(5) 
The Board of Trustees shall send written notice to the applicant for a special use permit of the Board's decision within five days after the decision is rendered.
A. 
Before granting approval to any special use, the Board of Trustees shall determine whether the proposed special use will, among other things, satisfy the following criteria and considerations:
(1) 
The use will not have an adverse impact or effect upon adjacent property or the character of the neighborhood or community.
(2) 
The use will not cause an adverse impact or effect on traffic conditions, parking, utilities, services, or other matters affecting the public health, welfare or convenience.
(3) 
The use will not adversely affect other uses within the district.
(4) 
The use will be in harmony with surrounding uses and with the orderly development of the district.
(5) 
The use will not discourage the appropriate development and/or use of adjacent land.
(6) 
The use will be adequately served by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water, sewer, and schools.
(7) 
The use will not be objectionable to nearby properties by reason of noise, fumes, vibration, illumination and other impacts.
(8) 
The use will not adversely affect property values in the vicinity.
(9) 
The public health, safety, general welfare or order of the Village will not be adversely affected by the proposed use in its location.
(10) 
Such other factors that may be relevant to the use proposed in relation to the impact of the use on the community.
B. 
If the Board of Trustees approves the use, the Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special permit. All such conditions shall be complied with by the applicant.
A. 
The Board of Trustees may, on its own motion, revoke any special permit if there is a material failure to comply with any one of the conditions, terms, limitations, and requirements set forth in the permit. No permit shall be revoked unless the Board of Trustees, on due notice to the permittee, holds a hearing. If the Board of Trustees finds that the permit was violated, it shall direct the issuance of an order revoking the permit or directing the Village Building Inspector to implement such other remedy as the Board of Trustees shall find necessary and convenient to ensure compliance with the terms of the permit and the Zoning Law of the Village of Menands.
B. 
A special use permit shall expire for any of the following reasons:
(1) 
The use(s) permitted by the special use permit ceases for more than 12 consecutive months for any reason.
(2) 
The applicant fails to obtain the necessary building permit(s) for the approved use(s) within 12 months of the special use permit approval.
(3) 
The applicant fails to commence and diligently pursue construction within 12 months of the special use permit approval.
C. 
The Village Board of Trustees may, in its sole discretion and at the applicant's request made at least 60 days prior to the expiration of the initial special use permit approval, as provided for in Subsection B above, grant the applicant a one-time extension of up to a maximum of 12 months within which to implement the special use, provided that the applicant has made reasonable, good faith efforts to complete construction and implement the site plan. No further extensions shall be permitted.
A. 
An amendment or modification to an existing special use is any change or proposed change in the size or configuration of the buildings, structures or appurtenances associated with the facilities in which the special use is located or conducted.
B. 
Any amendment or modification to any existing special use permit shall be considered a proposed new special use requiring the permittee to file an application for a special use permit pursuant to this article.