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.
A. 
A special use permit shall be required for any proposed specially permitted (SP) use or activity as identified in the zoning district use lists in Article IV, V and VI.
B. 
The ZBA shall hear and decide all applications for special use permits.
C. 
A special use permit is granted with respect to the specified use and/or property rather than the applicant or property owner. Any amendments, revisions, or 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.
D. 
Any use requiring a special use permit may also be subject to site plan review as provided for in Article XVIII of this chapter. Such applications may be processed concurrently. However, no building permit may be issued for a specially permitted use until a special use permit and site plan approval has been obtained.
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) 
A description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seat 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 CEO.
(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 detailed traffic study, upon request of the ZBA, 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.
(6) 
All SEQR documentation as required by NYS law.
(7) 
All application fees as established by the Village Board.
C. 
Additional requirements. The ZBA may request additional information beyond what is listed in this section and may ask that 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 ZBA 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 public hearing shall be held by the ZBA prior to issuing a decision on any special use permit application. See § 190-146 for additional information regarding public hearings.
A. 
In reaching a decision, the ZBA 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 Comprehensive Plan;
(2) 
Will meet all relevant standards, guidelines, and requirements set forth in this chapter, including any applicable requirements of Article IX, Regulations for Certain Use;
(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 not destroy or adversely impact significant historic and/or cultural resource sites; and
(10) 
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. 
The ZBA 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.