It is the policy of the Village to allow a variety of uses of
land, provided that such uses do not adversely affect neighboring
properties, the natural environment, or the rural and historic character
of the Village.
All land use activities which meet one or more of the criteria
below shall, prior to the issuance of a building permit or certificate
of use or occupancy, receive a special use permit from the Development
Board, pursuant to the procedures and standards of this article:
A. Any land use activities listed as requiring a special use permit
in Schedule 1, Allowed Uses;
B. Any land use activities requiring a special use permit in Schedule
1, Allowed Uses, for which a special use permit was previously obtained
from the Development Board more than seven years before a current
building permit application;
C. Any changes in existing land uses requiring a special use permit in Schedule 1, Allowed Uses, which are determined to be material changes. (See definition in §
106-6.); and
D. Any land use or development set forth in Part
2, Article
XIV, Supplemental Standards, which is not otherwise subject to site plan review and which does not conform to the supplemental standards provided by that section.
In accordance with Village Law § 7-725-b, the Development
Board is hereby authorized to review and approve, approve with conditions
or modifications, or disapprove special use permits for new land use
activities within the Village as hereinafter designated pursuant to
and in accordance with the standards and procedures set forth in this
code.
Because the impact of special use permit uses varies greatly,
the information required to be submitted for a special use permit
will vary depending upon the scale of the proposed use, i.e., whether
it is a major or minor project as defined in this code.
An applicant for a major project special use permit shall submit:
A. A major project application form;
B. A preliminary site plan review application, as described in §
106-60;
C. A narrative report describing how the proposed use will satisfy the criteria set forth in §
106-77, as well as any other applicable requirements relating to the specific use proposed as determined by the Development Board; and
D. A complete Part
1 of a full EAF.
An applicant for a minor project special use permit shall submit:
A. A minor project application form;
B. A plot plan drawn to scale with accurate dimensions providing information
sufficient to enable the Development Board to make an informed decision;
C. A brief narrative describing the proposed use; and
D. A short EAF (unless the Director determines that the proposed use
for which a special use permit is required is a Type I action, in
which case a full EAF shall be required).
Upon receipt of application materials the Director deems complete,
the Development Board shall initiate an environmental assessment of
the proposed use/action according to the requirements of SEQR. In
addition, the review of an application for a special use permit shall
include consideration of the goals and objectives of the Comprehensive
Plan and the LWRP consistency review.
The Development Board shall hold a public hearing on a complete special use permit application within 30 days for a minor project and within 62 days for a major project. Notice of the public hearing shall be provided in accordance with Part
1, §
106-20.
The Development Board, when reasonable, may waive any requirements for the approval, approval with modifications or disapproval of special use permit applications submitted for approval. Any such waiver, which shall be subject to appropriate conditions adopted pursuant to §
106-74, may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.
The terms and conditions of any special use permit may be amended
in the same manner as required for the issuance of a special use permit,
following the criteria and procedures in this article. Any enlargement,
alteration, or construction of accessory structures not previously
approved shall require a special use permit amendment.
The Development Board shall review site plans for all major projects and for those minor projects which, because of their scale, intensity or potentially disruptive nature, require careful layout, design and placement on a site according to the procedures set forth in Article
XI of this code. The principal purpose of site plan review is to ensure compliance of a particular special use permit use with the purposes and performance criteria contained in this code.