[Amended 1-19-2010 by L.L. No. 1-2010]
Notwithstanding any other provision of this
chapter to the contrary, special uses, not necessarily residential
in character, may be permitted in the Residence A-1 or A-2 Districts
when approved by the Board of Trustees after finding that:
A. The proposed special use will not be detrimental to
the essential character, health, safety, morals or general welfare
of the community.
B. Such proposed special use, together with the location,
size and topography of the parcel of land involved; the nature, design,
size and location of every existing and proposed building, structure,
access road, utility line and other improvement; and the provisions
for landscaping, screening neighboring property, major planting of
trees and shrubs and parking of vehicles, will be, both as a composite
architectural scheme and as a functioning establishment, consistent
with the Comprehensive Master Plan of the Village in effect at the
time that the application for such special use is filed with the Village
Clerk.
[Amended 11-21-1994 by L.L. No. 2-1994]
Application for approval of a special use must be addressed to the Planning Board and filed with the Village Clerk. Such application shall comply with the provisions of §
175-49 of Chapter
175, Subdivision of Land, and the following requirements:
A. It shall explicitly describe the intended use, including
an explanation of any terms not normally clearly understood by laymen
and in such terms as to exclude all other uses.
B. It shall contain a plot plan showing land contours
and explicitly indicating all intended changes in the topography and
vegetation that would be incurred in implementing the proposed use,
including specifications of all excavating, grading, filling, dredging,
draining, damming and removal of growth and final landscaping plans
and provisions for parking of vehicles.
C. It shall include a precise description of the nature
and architectural appearance of any new buildings and of any proposed
alterations to existing buildings. Such descriptions shall include
all buildings above or below ground or extending into the water.
D. It shall explicitly describe the financing, management
and supervision of the proposed special use, giving the names and
true identities of all owners, sponsors, corporate stockholders or
corporate members (if any) and the names of the proposed managers
and supervisors of the enterprise.
E. It shall contain a schedule of events indicating the
time or times at which various construction, alteration or landscaping
activities will be undertaken and the time or times at which they
will be completed.
If an application for a special use shall be approved, such approval shall not be transferable but shall inure solely and specifically to the benefit of the applicants and others described in §
205-41D of this article, unless the Board of Trustees shall by resolution consent to such transfer.
[Added 12-18-1972; amended 11-21-1994 by L.L. No. 2-1994]
The fee for filing each application under §
205-41 of this article shall be as established by resolution of the Board of Trustees. In addition, the applicant shall reimburse the Village for all stenographic charges for taking down and transcribing the minutes of each formal public hearing and any adjournment thereof.