It is the intent of this article to use special use permits
to control the impact of certain uses upon areas where they will be
incompatible unless conditioned in a manner suitable to a particular
location. Special use permits bring needed flexibility and individuality
to the otherwise rigid controls of zoning regulations.
The Village Planning Board will administer the review and granting
of special use permits.
A.
Filing of special use permit application.
(1)
Applications for a special use permit shall be filed with the
Zoning Enforcement Officer. All applications shall be signed by the
legal owner of the premises for which the special use permit is sought.
(2)
Each application for a special use permit shall be accompanied by a proposed site plan depicting the information required for site plan approval as described in Article X of this chapter. Any application for a special use permit or site plan approval for property within an agricultural district containing a farm operation or for property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement.
(3)
The Zoning Enforcement Officer shall refer the completed special
use permit application to the Village Planning Board within 10 days
after receiving a completed application. The Zoning Enforcement Officer
shall concurrently transmit a copy of the complete application and
supporting documents to the County Planning Board for review when
required under Article 12-B, § 239-m, of the General Municipal
Law. The information required by an agricultural data statement may
be included as part of any other application form required by local
low, ordinance or regulation.
(4)
No application shall be deemed complete if the Zoning Enforcement
Officer shall determine that a variance would be required from the
Zoning Board of Appeals in connection with the proposed use of the
premises. The Zoning Enforcement Officer shall notify the applicant
of the need for such variance.
B.
Public hearing and notification.
(1)
Prior to taking action on an application for a special use permit,
the Village Planning Board shall conduct a public hearing. Such hearing
shall be conducted within 62 days following the receipt of a complete
application and supporting documents from the Zoning Enforcement Officer.
Any such application shall be deemed received when the completed application
is first presented at a duly called meeting of the Village Planning
Board.
(2)
The Village Planning Board shall publish a notice of the public
hearing in the official newspaper, one of general circulation in the
Village, at least five days prior to the date of the public hearing.
Such notice shall include sufficient information so as to identify
the property involved and the nature of the proposed action. The Village
Planning Board shall also mail a notice of the public hearing to the
applicant and to the owners of property adjoining the subject property
and, if required under Article 12-B, § 239-m, of the General
Municipal Law, to the County Planning Board at least 10 days prior
to the public hearing.[1]
(3)
If an agricultural data statement is required for the subject
project, the Village Planning Board shall mail, via registered mail,
written notice of such application to the owners of land as identified
by the applicant in the agricultural data statement. Such notice shall
include a description of the proposed project and its location, and
may be sent in conjunction with any other notice required by state
or local law, ordinance, rule or regulation for the said project.
The cost of mailing said notice will be borne by the applicant. An
agricultural data statement shall include:
(a)
The name and address of the applicant;
(b)
A description of the proposed project and its location;
(c)
The agricultural district which land contains farm operations
and is located within 500 feet of the boundary upon which the project
is proposed; and
(d)
A Tax Map or other map showing the site of the proposed project
relative to the location of farm operations identified in the agricultural
data statement.
C.
Special use permit decision.
(1)
The Village Planning Board may approve a special use permit for uses described in Article VII of this chapter, provided all requirements and conditions set forth in such article are complied with.
(2)
The Village Planning Board shall render its decision, either approving, approving with conditions, or denying, within 62 days after the hearing unless the time period is extended by the mutual consent of the Village Planning Board and the applicant. The Village Planning Board, however, shall not approve a special use permit until the site plan for the project has first been approved in accord with Article X. If the application is required to be referred to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Village Planning Board shall not act within the first 30 days following the referral to the County Planning Board unless the County Planning Board provides a written reply to the Village Planning Board within the thirty-day period.
A.
The Village Planning Board shall make a written factual record and findings of all its proceedings involving the granting of a special use permit. Compliance with the requirements of Article VII shall be substantiated.
B.
The Village Planning Board shall make written findings for each special
use permit decision. Findings shall state the reasoning behind, the
basis for, and the evidence relied upon to reach the decision. The
following considerations shall apply to all special use permit applications:
(1)
Ingress and egress to the property and proposed structures thereon,
with particular reference to vehicular and pedestrian safety, and
convenience, traffic flow and control, and access in case of fire
or catastrophe.
(2)
Off-street parking and loading areas, where required, and the
noise, glare or odor effects of the special use permit use on adjoining
properties, and properties generally in the district, and the economic
impact of the proposed special use permit use.
(3)
Refuse and service areas.
(4)
Utilities, as appropriate, with reference to locations, availability
and compatibility.
(5)
Storm drainage, including potential impact on downstream properties.
(6)
Screening and buffering, with reference to type, dimensions
and character.
(7)
Signs, if any, and proposed exterior lighting with reference
to glare, traffic safety, economic effect and compatibility and harmony
with properties in the district.
(8)
Required yards and other open space.
(9)
General compatibility with adjacent properties and other properties
in the zone district.
(10)
The agricultural data statement, if any, shall be evaluated
and considered as to the possible impacts of the special use on the
agricultural district.
C.
The Village Planning Board may impose any additional conditions and
requirements on the special use permit it deems necessary to conform
to the goals and objectives of the Village's Comprehensive Plan and
its principles of land use and development, and to protect the health,
safety and general welfare of the public. Such conditions and requirements
shall be clearly documented in the findings and reflected on the approved
special use permit.
A.
If an application for a special use permit is approved by the Village
Planning Board, the Board shall furnish the Zoning Enforcement Officer
with a copy of the approving resolution with written direction to
issue the applicant a zoning permit in accord with the conditions
of the special use permit. If any special use permit issued under
this chapter shall remain unexercised for a period of one year from
the date of issuance or if any use permitted by a special use permit
shall be discontinued for a period of one year, such permit shall
be deemed revoked and the use shall not be commenced or continued
until another new application shall have been made to the Village
Planning Board therefor and approved.
B.
If an application is disapproved by the Village, the reasons for
such denial shall be set forth in the Village Planning Board resolution
and a copy of such resolution shall be furnished to the Zoning Enforcement
Officer with written direction to deny the zoning permit and to provide
the applicant with a copy of the Village Planning Board resolution.
A.
The Zoning Enforcement Officer may make periodic on-site visits to
the premises of a use authorized and approved with a special use permit.
The on-site visit shall determine that the use is being operated consistent
with the terms and conditions established by the Village Planning
Board in approving the permit.
B.
If the Zoning Enforcement Officer shall determine that the use is
not being operated in compliance with the permit, the Zoning Enforcement
Officer shall find the owner or operator of the use in violation of
this chapter and shall issue a notice of violation to the owner or
operator. If such violation is not corrected within 15 days of issuance
the notice of violation, the special use permit shall become null
and void, and the owner or operator shall cease use of the property
until such time as a new special use permit application is submitted
and approved in accord with the provisions of this article.
