A. 
Intent. The intent of this article is to set forth additional requirements which shall apply to certain land uses and activities which, due to their characteristics, or the special characteristics of the area in which they are to be located, require special consideration so that they may be properly located and planned with respect to the objectives of this chapter and their effect on the surrounding properties and community character. The primary purpose of special use permit review is to ensure compatibility with the surrounding neighborhood and to ensure the long-term benefit of the use to the Village.
B. 
Special use permit procedure. All special use permit review and approval shall occur as a part of the site plan review. Applicants shall refer to Article VII, Site Plan Review, for application content.
C. 
The Planning Board shall not issue a special use permit unless it makes a recorded finding that the proposed use will satisfy the standards set forth herein. In order to reach positive findings in support of the special use permit, the Planning Board may require conditions of, and/or modifications to, the project. Such conditions must relate to the impact of the project. If the Planning Board does not make a positive finding in support of the special use permit, it shall deny the special use permit. In issuance of such a denial, the record of the Planning Board must address the standards outlined below and include the facts and reasons upon which such denial was based:
(1) 
Compatibility of the proposed use with the principles of the district, the purposes set forth in this chapter, and the goals of the Comprehensive Plan.
(2) 
Compatibility of the proposed use with adjoining properties and with the natural and man-made environment.
(3) 
Adequacy of parking, vehicular circulation and infrastructure for the proposed use, and its accessibility to fire, police, and emergency vehicles.
(4) 
The overall impact on the site and its surroundings considering environmental, social and economic impacts of traffic, noise, dust, odors, release of harmful substances, solid waste disposal, glare, or any other nuisances.
(5) 
Restrictions and/or conditions on design of structures or operation of the use (including hours of operation) necessary either to ensure compatibility with the surrounding uses or to protect the natural or scenic resources of the Village.
(6) 
Consistency of the location of the proposed use with the goal of creating a healthy mix of uses that enhances the commercial viability of the Village.
(7) 
Compatibility with the historic character and use of the structure or structures and the historic character of the site and in the surrounding area.
(8) 
Consistency with the requirements for site plan approval.
D. 
Modifications which materially change the use or appearance of land or a structure or the intensity of the use of the land on a previously approved special use application/permit must be resubmitted as a new special use application. As part of the application, the applicant must provide what was previously approved and as a separate plan the changes that are being requested. All other provisions of Article VIII, Special Use Permit Review, apply.
[Added 6-15-2009 by L.L. No. 6-2009]
E. 
Any application that is being reviewed by the Planning Board, which has not yet been approved or disapproved by the Planning Board, which becomes inactive for a period of six months will become null and void. A new application process must commence and will be subject to all current laws and regulations.
[Added 6-20-2011 by L.L. No. 3-2011]
A. 
Site plan approval. Site plan approval is a required step in the consideration of all special use permit uses and shall be carried out either prior to, or in conjunction with, these special use permit procedures.
B. 
Public hearing.
(1) 
The Planning Board will schedule a public hearing within 62 days of the date of the meeting at which the application was considered complete for receipt by the Planning Board.
(2) 
The Village shall give public notice of such a hearing by causing publication of a notice of hearing in the official newspaper at least five days prior to the hearing date. Such notice of hearing shall be mailed directly to all landowners within 250 feet of the property line at least 10 days prior to the hearing date. The cost of the notification shall be billed to the applicant.
(3) 
After the conclusion of a public hearing for a special use permit, including site plan approval, the Planning Board shall grant, deny, or grant subject to conditions, the special use permit within 62 days.
C. 
The conditions for granting a special use permit will contain any modification or conditions to the site plan that the Planning Board deems necessary to conform to the criteria established below.
D. 
The decision of the Planning Board shall be filed in the office of the Clerk, and a copy thereof mailed to the applicant.
E. 
A conditional special use permit approval shall expire at the end of 180 days if the conditions have not been satisfied. The Planning Board may, however, consent to an extension of up to 180 days.
A. 
A special use permit shall be deemed to authorize only the particular special use or uses specified therein.
B. 
A special use permit will expire if the applicant fails to obtain a building permit or fails to comply with the conditions of the special use permit (unless other provisions are set forth by the Planning Board in connection with its approval) 18 months after approval.
C. 
A special use permit will expire if the special use or uses shall cease for any reason for more than 24 consecutive months.
D. 
A special use permit may be revoked by the Planning Board if the conditions of the special use permit are violated.
E. 
Any violation of the conditions of a special use permit or a violation of any applicable performance criteria of this chapter shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
F. 
All special use permits shall run with the land and will be transferred to successive property owners, provided the permit has not expired and it is not revoked for failure to meet the permit conditions.