[Amended 6-21-2021 by L.L. No. 4-2021]
The purpose of special use permit approval is to allow the proper
integration into the community of uses which may be suitable only
on certain conditions and at appropriate locations. Because of their
unusual characteristics or the special characteristics of the area
in which they are to be located, special uses require special consideration
so that they may be properly located with respect to the objectives
of this chapter and their effect on surrounding properties.
The special uses listed in this chapter may be permitted, enlarged
or otherwise altered upon authorization by the Village Planning Board
in accordance with the standards and procedures set forth in this
article and such additional standards as may be set forth for such
special uses elsewhere in this chapter. In permitting a special use
of the modification of a special use, the Planning Board may impose,
in addition to those standards and requirements expressly specified
by this chapter, any additional conditions which the Board considers
necessary to protect the best interests of the surrounding property,
the neighborhood or the Village as a whole. These conditions may include
controlling the location and number of vehicle access points; limiting
the number, size and location of signs; and requiring diking, fencing,
screening, landscaping or other facilities to protect adjacent or
nearby property. In the case of a use existing prior to the effective
date of this chapter and classified in this chapter as a special use,
any change in use or in lot area or an alteration of structure shall
conform with the requirements dealing with special uses.
An applicant for a special use permit shall initiate a request
for a special use or the modification of a special use by filing an
application with the Planning Board. Such application shall be accompanied
by a legal description of the property, a map showing the property
and all properties within a radius of 200 feet of the exterior boundaries
thereof, plans and elevations necessary to show the proposed development
and other drawings or information necessary to an understanding of
the proposed use and its relationship to surrounding properties.
A special use shall comply with the appropriate standards of
the zone in which it is located.
A.
In order to grant any special use the Planning Board shall find that
the request is in harmony with the general purpose and intent of this
chapter, taking into account the location and size of use, the nature
and intensity of the operations involved in or conducted in connection
with it and the size of the site in respect to streets giving access
thereto.
B.
In order to grant any special use, the Planning Board shall find
that the establishment, maintenance or operation of the use applied
for will not, under the circumstances of the particular case, be detrimental
to the health, safety or general welfare of persons residing or working
in the neighborhood of such proposed use or be detrimental or injurious
to the property and improvements in the neighborhood or to the general
welfare of the Village.
C.
A special use permit shall become void one year after approval, or
after such greater or lesser time as may be specified as a condition
of approval, unless within that time the required building construction,
alteration or enlargement is commenced.
Before a special use is permitted, the proposed special use
shall be considered by the Planning Board at a public hearing. Notice
of said hearing shall be given in accordance with provisions of the
Village Law.
The Planning Board shall notify the applicant for a special
use in writing within five days after the decision has been rendered.
