[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.
A. 
Public hearings.
(1) 
Not more than 90 days after the Planning Board has received such an application in a form satisfactorily complying with § 205-41, the Planning Board shall hold a public hearing thereon at a time and place to be set by it. Not less than 15 days' advance notice of such public hearing shall be given by publication in the official Village newspaper and by service, in person or by mail, upon the following:
(a) 
The applicant or applicant's attorney or other representative.
(b) 
The owner or owners as shown on the current Village assessment roll of each parcel of land contiguous to the boundaries of the subject premises, including parcels across any abutting street embraced within the prolongations of the boundary lines of the subject premises.
(c) 
The owners of all land within 100 feet (whether contiguous or not) from the boundaries of the subject premises, including land directly opposite the subject premises extending 100 feet from the street frontage of such opposite land.
(2) 
The Planning Board may hold such further public hearings as it may deem advisable on 15 days' notice to be given as aforesaid.
B. 
The Planning Board shall file a report with the Board of Trustees not later than 60 days after its final public hearing on the application, containing its comments and recommendations with respect thereto; a copy of such report shall be made available to the applicant.
A. 
After receipt of such report from the Planning Board, the Board of Trustees may or may not, in its discretion, call a public hearing on the application and take appropriate action thereon; provided, however, that if the Planning Board's report contains a recommendation that the application be granted in whole or in part with or without conditions, the Board of Trustees must hold a public hearing thereon. All procedures for the calling and holding of such public hearing shall conform to the notice requirements contained in § 205-42A of this article.
[Amended 7-2-1973]
B. 
The Board of Trustees, in its discretion, may require the applicant to post a bond in a reasonable amount to secure proper performance of the applicant's duties and conditions imposed for the granting of such use.
C. 
Where an application is made for approval of a special use to be exercised by a tax-exempt institution, the Board of Trustees, in its discretion, may require such institution to enter into a binding written agreement with the Village under which the Village shall receive annual payments in such amounts as will fully compensate the Village for rendition of municipal services to such institution.
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.