All uses and activities requiring a special use permit must be reviewed and approved in accordance with the procedures of this article.
A. 
A special use permit shall be required in accordance with the district use tables in Part 2 of this chapter.
B. 
The Planning Board shall hear and decide all applications for special use permits.
C. 
Specially permitted uses require site plan review unless otherwise stated in this chapter. Concurrent applications are permitted.
The property or building owner, their agent, or lessee, purchaser or tenant with permission of the owner, may file special use permit applications. Complete applications for a special use permit approval must be filed with the Village Clerk.
Upon request of the Planning Board, the Code Enforcement Officer shall prepare a report that reviews the request for a special use permit including, but not limited to, information regarding the compliance with this chapter, potential for adverse impact to the neighborhood, and proposed operation of said use.
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 the public hearing and 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 via newspaper, mail, and posted notice as required by § 95-60.3 and by state law.
C. 
Within 62 days following the close of the public hearing, the Planning Board shall 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 the property or any adjacent property;
F. 
Will not create a hazard to health, safety or the general welfare of the public;
G. 
Will not alter the essential character of the district 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 reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit and 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 that 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.