[Amended 12-5-1988 by L.L. No. 2-1988; 11-6-1989 by L.L. No. 4-1989]
The purpose of the conditional use permit is to allow uses which meet the intent of the Zoning Ordinance but which require certain conditions for the harmonious integration of that use into the community.
A. 
The conditional uses listed in the Zoning Law may be permitted, enlarged, or otherwise altered upon authorization by the Zoning Board of Appeals, in accordance with the standard and procedures set forth in this Article IV.
B. 
The Zoning Board of Appeals may impose, in addition to those standards specified by this chapter, any additional conditions which the Zoning Board of Appeals considers necessary to protect the best interests of the surrounding property, the neighborhood, or the Village as a whole. These conditions include increasing/decreasing, modifying or limiting any or all of the following items:
(1) 
Lot dimensions.
(2) 
Location within the lot.
(3) 
Height of buildings.
(4) 
Volume and type of traffic.
(5) 
Location and number of vehicle access points.
(6) 
Number of parking and loading spaces.
(7) 
Number, size and location of signs.
(8) 
Hours and days of operation.
(9) 
Lighting.
(10) 
Noise.
(11) 
Waste disposal, toxic emissions, radiation.
(12) 
Emissions of dust, smoke, odors and fumes.
(13) 
Diking, fencing, screening, or landscaping, grading, driveway width.
A. 
A property owner(s) or his agent(s) may initiate a request for a conditional use or the modification of a conditional use by filing an application with the Code Enforcement Officer. The application shall be accompanied by a legal description of the property, a map showing all properties within a radius of 200 feet of the exterior boundaries thereof, plans and elevations necessary to show the proposed development, and other drawings or information necessary for an understanding of the proposed use and its relationship to surrounding properties.
B. 
The proposed conditional use shall be considered by the Zoning Board of Appeals at a duly advertised public hearing. Notice of said hearing shall be given as provided in § 275-64.
A conditional use shall comply with the standards of the zone in which it is located, except as those standards have been modified by the Zoning Board of Appeals when consideration has been given to the following:
A. 
The proposed use shall be in harmony with the general purpose and intent of this chapter, taking into account the locations and size of use, the nature and intensity of the operations, and the access thereto.
B. 
The establishment, maintenance or operation of the proposed use shall not be detrimental to the health, safety or general welfare of persons in the community or injurious to neighborhood property.
C. 
Where a nonconforming use existed prior to the effective date of this chapter and there has been a requested change in use or in lot area or an alteration of structure.
D. 
A conditional use permit shall become void one year after approval or after such time specified as a condition of approval, unless within that time the required building construction, alteration or enlargement is completed. The Zoning Board of Appeals may extend the permit for a period of one year. The initial date of reference shall be the date of the final site plan approval.
E. 
The conditional use permit shall be void if the use shall cease for more than six months for any reason.
F. 
The Zoning Board of Appeals may, in its concern for the community safety and welfare, place an expiration date on the permit at which time the established conditions shall be reviewed or appropriately modified for the renewal of the conditional use, or for sufficient cause the permit may be made void.
G. 
The Zoning Board of Appeals, on its own motion, may revoke a conditional use permit for noncompliance of any condition set forth in the granting of said permit after first holding a duly advertised public hearing.
The Zoning Board of Appeals shall notify the applicant for a conditional use, in writing, of the Zoning Board of Appeals action within five days after the decision has been rendered.
A. 
The applicant or any interested person may appeal a decision of the Zoning Board of Appeals to the NYS Supreme Court as provided for in the statutes of the State of New York.
B. 
An appeal from the action of the Zoning Board of Appeals shall automatically stay the issuance of the building or other permit until such appeal has been completed.