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.
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.
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.