[Amended 7-10-2006 by L.L. No. 5-2006]
A.
Duties. The Village Board shall have the following
duties with respect to the general administration of this chapter:
(1)
Direct all actions involving violations of this chapter.
(2)
Amendments. The Board may, from time to time, on its own motion or on petition or on recommendation of the Planning Board, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearings. (See § 155-101.)
(3)
Site plans. The Village Board shall review and approve, disapprove or approve with modifications any site plan filed pursuant to the procedures and requirements of Article XII of this chapter.
(4)
Mining permits. The Village Board shall issue, deny
or renew all mining permits.
(5)
All other duties, stated or inferred, as needed to
apply this chapter.
B.
Notice. The Board, by resolution adopted at a scheduled
meeting, shall fix the time and place of a public hearing on the proposed
amendment and special use permit and cause notice to be given in accordance
with law.
[Amended 7-10-2006 by L.L. No. 5-2006]
A.
General provisions. The special uses listed in this
chapter for which conformance to additional standards is required
shall be deemed to be permitted uses in their respective districts,
subject to the satisfaction of the requirements and standards set
forth herein and additional special provisions that may be imposed
in the granting of a special use permit, in addition to all other
requirements of this chapter. All such uses are hereby declared to
possess characteristics of such unique and special form that each
specific use shall be considered as an individual case and permit
the imposition of additional special requirements.
B.
Standards. The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of the buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings in accordance with §§ 155-36 and 155-38.
C.
Conditions for special use permits. The Village Planning
Board shall consider:
[Amended 2-16-2010 by L.L. No. 3-2010]
(1)
In
the granting of special use permits, the Village Planning Board shall
attach such conditions and safeguards as it deems appropriate under
this chapter.
(2)
A plan for the proposed development for a site for the designated special use shall be submitted with an application for a special use permit. The supplemental section of this chapter, § 155-36, entitled "Development conditions for granting of use/area variances and special use permits," will be referred to and used as a checklist of possible conditions to be attached to the special use permit being requested; the section is not all-inclusive.
D.
Procedures. The Village Planning Board shall act in
strict accordance with procedures specified by law and by this chapter
with regard to public hearings, notices, publications, etc.
[Amended 2-16-2010 by L.L. No. 3-2010]
E.
Expiration. A special use permit shall be deemed to
authorize only one particular use and shall expire if the special
use ceases for more than one year for any reason.
F.
Existing violations. No special use permit shall be
issued for a property where there is an existing violation of this
chapter.
[Amended 7-10-2006 by L.L. No. 5-2006]
Prior to zoning law amendments, the Village
Board shall refer the proposed changes to the Planning Board for its
recommendation. If such referral is made, then the Planning Board
shall have 30 days in which to review the proposed amendment and return
its recommendation. After the 30 days have expired, the Village Board
may act without receipt of a recommendation from the Planning Board.
The thirty-day requirement may be extended with the permission of
the Village Board.
