The special permit approval process seeks to ensure that certain uses are established in a manner that is appropriate and compatible to (a) site, neighborhood and zone (zoning) district. A special permit is required for those uses or structures so designated as requiring one within a zone district or other sections of this code. These uses or structures are hereby declared to possess characteristics of such unique and/or special form that each shall be considered as an individual case. Except as relates to special permits for signage, which are subject to the provisions of §
160-17.3, certain uses or structures, specified in the standards of approval hereunder for uses and structures, shall be subject to the satisfaction of additional requirements and standards set forth in this section and to any other applicable requirements of this chapter, including specifically any other terms and conditions set forth as specific to a permitted or special permit use.
Individual special permits are assigned by this code to, respectively, the review and approval authority of the Village Board and recommendation authority of the Planning Board. Refer to each zone district or the supplemental regulations to determine the exact procedure for a specific land use activity or structure. The Planning Board shall apply the provisions of this section to its respective recommendations on special permit proposals. As provided for under applicable provisions of the New York State statutory and case law, the Village Board may also consider any other factors or concerns as it deems relevant to its review of a special permit proposal, and any such factors or concerns, any decisions based thereon, are determined to be within the standards to be considered and the authority of the Village Board in relation to the grant of special permits, as if set out in detail in §
160-48. Village Board review and approval of a special permit, following recommendation of the Planning Board, shall be in lieu of a site plan review and approval of the Planning Board. As such, the special permit review and approval shall include consideration or waiver, where appropriate, of those elements required for site plan review and approval under the (NYS) Village Law and the Village Code and in such capacity the Village Board shall have the same waiver authority as the Planning Board relative to site plan and subdivision approvals.
An application for a special permit pursuant to this Chapter
160 shall be submitted to the Village Board of Trustees. Any reference to the approval of the Village Board of Appeals with respect to the issuance of special permits in this Chapter
160 shall mean the Village Board of Trustees. The following information is required to accompany the application:
A. Land: a description of the land to which the proposed special permit
will relate.
B. Use; occupancy: a statement of the existing and proposed use of all
parts of the land and the location, character and existing and proposed
use of any existing or proposed buildings or structures, including
the number of floors, entrances, rooms, type of construction.
C. Identity of owner and applicant: the full name and address of the
owner(s) and of the applicant(s), and the names and addresses of their
responsible officers if any of them are corporations.
D. Additional information: such other information as may reasonably
be required by the Village Board of Trustees to establish compliance
of the proposed sign in use with the requirements of this chapter.