Subject to the provisions of this article and the other provisions of this chapter, and except as otherwise provided by this chapter, the Board of Appeals may issue a special use permit for any use requiring such a permit. All such uses are declared to possess characteristics of such unique and special forms that each application for a special use permit shall be considered as an individual case.
No special use permit shall be granted unless the special use meets, in addition to all other provisions of this chapter, the following standards:
The use shall be of such a nature, intensity, size and location that in general it will be in harmony with the character of the district in which the property lies and with the orderly development of that district and will not be detrimental to the orderly development, use or value of adjacent land and buildings.
The location, nature and height of buildings, walls and fences, and the nature and extent of existing and proposed plantings on the site, shall be such that they will not be detrimental to the character or the orderly development of the district in which they lie, and will not be detrimental to the orderly development, use or value of adjacent land and buildings.
The use shall not pose a danger to health, safety and welfare, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display or signs, noise, fumes, vibrations or lights that will hinder the character or the orderly development of the district in which the property lies or impair the use, enjoyment or value of adjacent land and buildings.
No special use permit shall be issued with respect to any lot on which there is an existing violation of this chapter.
Each application for a special use permit shall be accompanied by a fee in an amount set by the Board of Trustees pursuant to § 295-152 of this chapter and by a site plan conforming to the requirements of § 295-106 and shall be filed with the Building Inspector, who, within 10 days, shall refer the application to the Board of Appeals and the Planning Board.
Within 45 days after the referral of the application for a special use permit (unless extended with the consent of the applicant), the Planning Board shall transmit to the Board of Appeals an advisory report setting forth the Planning Board's recommendations with respect to the application.
The Zoning Board of Appeals shall conduct a public hearing on the proposed application within 62 days after the application is received by the Building Inspector. The hearing shall be held upon the same notice as that required for a zoning variance.
The Board of Appeals shall decide upon the application within 62 days after the final hearing on the application. The time within which the Board of Appeals must render its decision may be extended by mutual consent of the applicant and the Board.
The Board of Appeals shall issue the special use permit if it finds that all requirements of this chapter have been met, in particular, without limitation, the requirements of Article IX with respect to principal uses requiring special use permits and § 295-87 above. The Board of Appeals shall deny any application that, in the judgment of the Board, does not meet the requirements of this chapter.
If the County Planning Board, in appearing before the Board of Appeals at the public hearing, disapproves of the issuance of the special use permit or recommends changes or modifications thereof, then the permit shall not be issued without the adoption of a resolution by the Board of Appeals.
The decision of the Zoning Board of Appeals on the special use permit application shall be filed in the office of the Village Clerk within five business days after the day the decision is rendered, and a copy of the decision shall be mailed to the applicant.
In issuing a special use permit, the Board of Appeals may impose any conditions that it deems necessary to accomplish the reasonable application of the standards set forth in § 295-87, and to assure conformity with all other requirements of the law, including this chapter. Such conditions may include, without limitation, a requirement that the special use permit be periodically renewed or that it terminate at the end of a stated period.
Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features that do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 295-146 of this chapter, without the necessity of a decision or determination of an administrative official charged with enforcement of the zoning regulations.
Any extensions or renewals of a special use permit shall be subject to the same requirements and procedures as the original issuance of the special use permit.
Applicants for special use permits to establish public utility substations, but not personal wire service facilities, water towers, high tension lines or overhead cables in residential zones shall prepare and submit with their application for the special use permit sufficient evidence to permit the Board of Appeals to arrive at a finding, in addition to all other findings required by this chapter, that:
[Amended 2-17-1998 by L.L. No. 1-1998]
Service cannot be supplied adequately and reasonably by location of facilities in a business or industrial district;
A public necessity exists for such facilities in the residential area; and
The particular site for which application is made is the least objectionable of possible sites from the public standpoint and takes into consideration future, as well as present, needs.
The applicant for a permit to install a new, enlarged or replacement substation or water tower shall include as part of the application a current study of the feasibility of installing such facilities underground and shall, if required by the Board of Appeals, furnish such other data, studies and reports as will enable the Board of Appeals to determine whether the particular facility for which the permit is sought should be required to be placed underground.
A special use permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire in the same manner as variances.