The-special uses for which conformance to additional standards
is required by this chapter shall be deemed to be permitted uses in
their respective districts, subject to the satisfaction of the requirements
and standards set forth herein, in addition to all other requirements
of this chapter. All such uses are declared to possess characteristics
of such unique and special forms that each specific use shall be considered
as an individual case.
Application for required special permits shall be made to the
Village Board. Each such application shall be referred to the Planning
Board for a report, after which the Village Board may authorize the
issuance of a permit, provided that it shall find that all of the
following conditions and standards have been met:
A.
The location and size of the use, the nature and intensity of the
operations involved in or conducted in connection with it, the size
of the site in relation to it and the location of the site with respect
to streets giving access to it are such that it will be in harmony
with the appropriate and orderly development of the district in which
it is located.
B.
The location, nature and height of buildings, walls and fences and
the nature and extent of the landscaping on the site are such that
the use will not hinder or discourage the appropriate development
and use of adjacent land and buildings.
C.
Operations in connection with any special use will not be more objectionable
to nearby properties than would be the operations of any permitted
use not requiring a special permit.
D.
Parking areas will be of adequate size for the particular use, properly
located and suitably screened from adjoining residential uses, and
the entrance and exit drives will be laid out so as to achieve maximum
safety.
E.
Identification signs, not illuminated and with a maximum area of
three square feet, including one visible to public view from the street
giving access, will be permitted, subject to a determination that
the design and location of said sign or signs will, to the maximum
extent possible, not be objectionable to nearby residential properties.
[Amended 4-14-1992 by L.L. No. 2-1992; 9-17-2002 by L.L. No.
3-2002]
Each applicant for a special permit or for the renewal of a
special permit shall pay a fee for each renewal period as established
by resolution of the Board of Trustees. A current schedule of such
fees shall be maintained by the Village Clerk.
A plan for the proposed development of a lot for a permitted
special use shall be submitted with an application for a special permit.
The plan shall show the location of all existing and proposed buildings,
parking areas, traffic access and circulation drives, open spaces,
landscaping, topography, special features and any other pertinent
information about neighboring properties that may be necessary to
determine and provide for the enforcement of this chapter.
The Village Board shall attach such conditions and safeguards
to the special permit as are necessary to assure continual conformance
to all applicable standards and requirements.
A special permit shall be deemed to authorize only the particular
use or uses specified in the permit and shall expire if said use or
uses shall cease for more than six months for any reason or if any
of the conditions of the permit are violated.
No permit shall be issued for a special use for a property where
there is an existing violation of this chapter.
[Added 9-15-2009 by L.L. No. 3-2009]
Notwithstanding any section of this chapter to the contrary, the Village Board may waive any requirements for the approval of special use permits set forth in this chapter whenever it is determined that the requirements are not in the interest of the public health, safety or general welfare of the Village or are not appropriate to the special use permit. Such waiver is subject to the board's determination that the conditions of § 128-35A, B and C are met.
