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:
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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]
(1)
Service cannot be supplied adequately and reasonably
by location of facilities in a business or industrial district;
(2)
A public necessity exists for such facilities in the
residential area; and
(3)
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.
B.
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.
