All uses and activities requiring a special use permit must be reviewed and approved in accordance with the procedures of this article.
A. 
Special uses within the zoning districts are generally considered to be uses which are appropriate in a particular zoning district but because of their potential for incompatibility with adjacent uses require individual review and may require the imposition of conditions in order to assure the appropriateness of the use in a particular zoning district.
B. 
A special use permit shall be required in accordance with the district use tables in Part 2.
C. 
The Planning Board shall hear and decide all applications for special use permits.
D. 
Specially permitted uses require site plan review unless otherwise exempt. Concurrent applications are permitted.
Complete applications for a special use permit approval must be filed with appropriate personnel in the Code Enforcement Office.
Upon request of the Planning Board, the Planning Department shall prepare a report that reviews the request for a special use permit.
Upon request of the Planning Board, the Code Enforcement Officer shall prepare a report that reviews the request for a special use permit.
Whenever required under §§ 239-l and 239-m of the General Municipal Law, special use permit applications must be forwarded to the county planning agency for review prior to final action by the municipality.
A. 
Within 62 days from the day a complete application is received for special permit approval, the Planning Board must convene a public hearing on the proposed application.
B. 
Notice of required public hearings on a special use application must be provided as required by the governing body and by state law.
C. 
Within 62 days following the close of the public hearing, the Planning Board may act to approve the proposed special use permit, approve the proposed special permit with conditions or disapprove the proposed special use permit.
D. 
Special use permits may be conditioned upon periodic renewal.
In rendering a decision, the Planning Board shall consider and make findings that the proposed use:
A. 
Will be generally consistent with the goals of the Comprehensive Plan;
B. 
Meets any specific criteria set forth in this chapter;
C. 
Will be compatible with existing uses adjacent to and near the property;
D. 
Will be in harmony with the general purpose of this chapter;
E. 
Will not tend to depreciate the value of adjacent property;
F. 
Will not create a hazard to health, safety or the general welfare;
G. 
Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents; and
H. 
Will not otherwise be detrimental to the public convenience and welfare.
A. 
The Planning Board may impose such conditions upon the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on the time period for which the permit is granted.
B. 
Such conditions shall be expressly set forth in the motion authorizing the special use permit.
Special use permits that have been issued for specific time periods are subject to review for compliance with all of the conditions imposed at the time of approval of the initial permit. Following a public hearing on the matter, the Planning Board may deny a renewal of a special use permit when any of the following apply:
A. 
The petitioner has failed to comply with one or more of the conditions of the prior approval.
B. 
Substantial new issues regarding the permit conditions during the operation of the use have arisen.
C. 
The general requirements of this chapter have not been met.
D. 
There are changes in the area or neighborhood which would be incompatible with the special use.
Amendments or revisions to an approved special use permit require review and approval in accordance with the special use permit procedures of this article.
A special permit is not transferable except upon approval by resolution of the issuing board. A special permit shall authorize only one special use and shall expire if the special use ceases for more than three months for any reason.