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]
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]
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]
