The special uses for which conformance to additional standards is required shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards as set forth herein and stated in the use and bulk regulations in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special form that each specific use shall be considered as an individual case.
A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit. Such plan shall show the proposed dimensions of the lot and all existing buildings, structures and outdoor uses; existing features such as rock outcroppings, streams and water bodies, woods, large single trees, rights-of-way and easements; adjacent roads; location of all buildings, parking areas, traffic access and circulation drives, open spaces, outdoor signs and lighting; landscaping; and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this chapter.
An application for a special permit shall contain:
A. 
A statement of proposed uses for the subject parcel of land specifying the type of use, number of employees, hours of operation, type of machinery to be installed and the intensity of use of such machinery.
B. 
A statement of factors such as production of noise, smoke, fumes, odors and vibrations of such an establishment.
C. 
The automotive traffic that such a use will generate, i.e., the average and peak number of deliveries per day and the average and peak number of autos utilized by employees and customers.
D. 
A statement of factors pertaining to the storage of refuse and material.
E. 
Need for incineration.
F. 
All other aspects of the intended use of the parcel which could affect the neighboring parcels and uses.
G. 
For special permits for cannabis retail, copies of all required NYS Office of Cannabis Management licenses or registrations issued to the applicant by the State of New York, and any of its agencies; a statement that the applicant has site control and the right to use the site for such use in the form of a deed, valid lease, or purchase and sale agreement, and a signed consent from the property owner; submittal shall also include details showing all signage and exterior proposed security measures for the premises, including cameras, lighting, fencing, gates and alarms, ensuring the safety of employees and patrons.
[Added 12-12-2023 by L.L. No. 8-2023]
A special permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six months for any reason. The use may only be allowed after the obtaining of a new special permit.
No permit shall be issued for a special use for a property where there is an existing violation of this chapter.
The following standards shall apply to all special uses:
A. 
The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the orderly development of the district.
B. 
The location, nature and height of buildings, walls and fences shall not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
C. 
Operations in connection with any special use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operations of any permitted use.
A. 
The Board of Trustees may, on application and after public notice and hearing, authorize the issuance by the Building Inspector of special permits for any of the uses for which this chapter requires such permit. In authorizing the issuance of a special permit, the Board of Trustees shall take into consideration the public health, safety and welfare and the effect on adjacent land values and shall prescribe appropriate conditions and safeguards to ensure the accomplishment of the following objectives:
(1) 
That all proposed structures, equipment or material shall be readily accessible for fire and police protection.
(2) 
That the proposed use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties.
(3) 
That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:
(a) 
The location and size of such use, the nature and intensity of operations, including traffic involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith shall not be hazardous or inconvenient to or incongruous with the said residential district or conflict with the normal traffic of the neighborhood.
(b) 
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
B. 
In authorizing the issuance of a special permit, it shall be the duty of the Board of Trustees to attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the general objectives of this chapter. The Board of Trustees may require that special permits be periodically renewed. Such renewal shall be granted by the Building Inspector and may be withheld only upon a determination by the Building Inspector to the effect that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been or are no longer being complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of the said permit. Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that:
[Amended 9-13-2011 by L.L. No. 3-2011]
(1) 
The provision in this chapter under which such permit was issued is still in effect.
(2) 
Such permit was issued in conformity with the provisions of this chapter.
(3) 
Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
C. 
At least 14 days before the date of any public hearing, the Village Clerk shall transmit to the Planning Board and the Architectural Review Commission, a copy of any appeal or application, together with a copy of the notice of such hearing. The Planning Board and the Architectural Review Commission shall submit to the Board of Trustees an advisory opinion on said appeal or application at least 48 hours prior to the hearing.
[Added 8-5-1986 by L.L. No. 7-1986]
D. 
No special permit shall be issued by the Building Inspector until it has been submitted to the Village Attorney for review and approval as to its form and content, and shall contain:
[Added 1-19-2016 by L.L. No. 1-2016]
(1) 
A copy of the resolution adopted by the Board of Trustees approving the special permit.
(2) 
A clear statement of any conditions of the special permit approval.
(3) 
A clear statement of the renewal term of the special permit, if any, imposed by the Village Board of Trustees.
E. 
Any person charged with violating any condition imposed on the grant of a special permit pursuant to this chapter shall, upon conviction for such charge, be guilty of a violation of this chapter, and such conviction shall be punishable for a first offense by a fine not less than $500 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment; for a second offense, by a fine not less than $1,000 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment; and for a third offense within a two-year period, by revocation of the special permit and a fine not less than $1,500.
[Added 11-15-2016 by L.L. No. 2-2017]