A.
The uses listed in the Schedule of Use Regulations, § 211-10, Column 3, Uses by Special Permit of the Planning Board or Board of Appeals,[1] for the districts in which permitted and subject to the bulk regulations therefor, § 211-15 herein, may be authorized on application and after public notice and hearing. Such uses shall be deemed to be prohibited unless there shall be a valid special permit filed and recorded with the Village Clerk. Where such special permit may be granted and subject to any terms and conditions thereto, such uses shall be deemed conforming uses in the districts wherein located.
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
B.
The grant of special permits for the uses indicated may be conditioned on periodic renewal, which renewal shall be granted following public notice and hearing, and may be withheld only upon determination that conditions as may have been identified in the original grant requiring that the use by of temporary duration now necessitate cessation of such use or imposition of additional or supplemental safeguards or conditions or that the original conditions as may have been prescribed for such special permit have not been or are not being complied with, wholly or in part. Notices of violation pursuant to Article XI shall be prima facie evidence of lack of conformity to such standards or conditions.
A.
Application for a special permit pursuant to these regulations shall
be upon forms prescribed by the Planning Board and shall contain the
following information unless specifically waived by the approval authority:
(1)
A survey of the property, topography and soils classification, present
zoning classification, any special districts, easements or other restrictions,
including covenants on the development of the property and ownership
of the property.
(2)
Description of the proposed use, with reference to the appropriate
use and bulk regulations herein, including any supplementary regulations
applying thereto.
(3)
A plan of the proposed development generally setting forth the location
of buildings, structures or other improvements to the land, means
of access and egress, fire protection, topographical alteration and
effects on drainage, both on the proposed site and downstream of the
site.
(4)
A cost benefit analysis or similar study to review the estimated
municipal costs, services and prospective revenues which would be
generated by the proposed use.
(5)
Evidence that the proposed use is consistent with and compatible
to the goals of the Village Master Plan.
(6)
A traffic and circulation study projecting the effects of the proposed
use on the existing and probable future traffic and access in the
vicinity of the proposed use.
(7)
Copies of environmental assessments or permit applications and supporting
materials which may be required to meet New York State Department
of Environmental Conservation regulations.
(8)
Names and mailing addresses of all owners of property abutting or
within 200 feet of the property for which application is made shall
be submitted. The applicant shall furnish stamped (certified mail)
envelopes, addressed with each such property owner at the time of
application.
B.
Every application for a special permit shall be submitted (three copies) to the Village Clerk with the fee as set forth in the standard schedule of fees of the Village of Buchanan, along with a nonrefundable application fee, payable to the Village of Buchanan, in an amount as set from time to time by resolution of the Board of Trustees for each off-street parking space required for the proposed use as set forth in § 211-10, Schedule of Use Regulations, but not less than an amount as set from time to time by resolution of the Board of Trustees when fewer than three parking spaces are required. One copy of the application shall be filed in the office of the Clerk, and two copies of the application shall be transmitted to the Planning Board for review. In reviewing such application, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may determine such appropriate conditions and safeguards as may be required in order that the results shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives:
[Amended 12-15-1986 by L.L. No. 5-1986; 2-7-2011 by L.L. No.
9-2011]
(1)
That all proposed structures, equipment or material shall be readily
accessible to 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)
The location and size of such use, the nature and intensity of operations
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 will not be hazardous or inconvenient to,
or incongruous with, or conflict with the normal traffic of the neighborhood.
(4)
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.
(5)
The impact of the proposed use shall not engender avoidable impacts
upon the environment of the site or adjacent lands and that any such
impacts will be the minimum necessary to accommodate the proposed
use, and further that there shall be the maximum preservation of unique
ecological or environmental assets particularly as such effect the
value and viability of adjacent areas.
C.
In the event that such special permit use shall be by Board of Appeals authorization, the Planning Board shall, within 45 days (or such longer period as may be agreed to in writing by the Board and applicant) of the receipt by the Village of such application in proper form, transmit one copy of the application, together with its report thereon with findings set forth in Subsection B above, to the Village Board. The report of the Planning Board may also contain recommendations of conditions or other relevant findings appropriate to the application. In the event such special permit use shall be by Planning Board authorization, the Planning Board shall, within 45 days (or such longer period as may be agreed to in writing by the Board and applicant) of receipt by the Village of such application in proper form, conduct a hearing as set forth in Subsection E and within 45 days thereafter render its decision.
D.
The Board of Appeals, upon receipt of the report by the Planning Board, shall, within 45 days, conduct a public hearing as set forth in Subsection E and within 45 days thereafter render its decision. The Board of Appeals, in considering any application for a special permit hereunder, shall make findings required in Subsection E and, in addition, may exercise such discretion reserved for legislative matters so as to ensure that public health, welfare and safety is protected and the environmental and land resources of the community are most efficiently programmed and that any authorization hereunder shall not create fiscal burdens upon the community at large or an adverse impact upon adjacent property and its prospective use under the zoning by right.
E.
Applications shall be referred when required by law to the Westchester
County Planning Department for review pursuant to the Westchester
County Administrative Code at least 30 days prior to the required
public hearing. Notice of the public hearing shall be published at
least once, not less than 10 days prior to the date of the hearing,
in the official newspaper, and notice of hearing shall be mailed,
certified mail, to all owners of property abutting and within 200
feet of the property for which such application is made and to any
other person(s) the hearing authority may deem to be particularly
affected. In the case of any special permit application pertaining
to real property within a distance of 500 feet of the boundaries of
any municipality or state or county road, park or other state-owned
facility, notice of such hearing shall be mailed to the Clerk of such
municipality and to the County Planning Department not less than 10
days prior to such hearing. Provided that due notice shall have been
published and that there shall have been substantial compliance with
the remaining provisions of this section, the failure to give notice
in exact conformance herewith shall not be deemed to invalidate any
action taken in connection with the grant or denial of any special
permit.
F.
The Board of Appeals or Planning Board, in approving any special
permit hereunder, shall require conformance to any supplementary regulations
applying to such uses generally and may establish such other conditions,
including but not limited to landscaping, lighting, access and egress,
signs, screening, architectural features, location and layout of buildings
and definitions or limitations upon the use or characteristics of
the use which are reasonably related to the public health, safety
and general welfare and as may be necessary to carry out the intent
of this chapter. The decision of the Board of Appeals or Planning
Board shall immediately be filed in the office of the Village Clerk
and a copy thereof mailed to the applicant.
A.
Unless specifically exempted in the decision of the Planning Board,
any regulation or conditions of such special permit shall not be subject
to appeal before the Board of Appeals, and any such appeal render
such permit void and without effect without necessity of further action
by the Village. Any person aggrieved by any decision of the Planning
Board hereunder shall, within 30 days of the filing of the decision,
apply to a court of competent jurisdiction pursuant to the Village
Law and Article 78 of the Civil Practice Law and Rules.
B.
No requirement or conditions imposed by this chapter for any special
permit use shall be waived or reduced by the Board of Appeals or Planning
Board and shall be considered to be the minimum requirements for any
authorization hereunder. The grant of a special permit shall authorize
only one special permit use and shall be limited only to the use described
and approved in such permit. Special permits shall be deemed to be
indefinite authorization unless otherwise specified in the approval
thereof but, in any case, shall expire within 18 months of the date
of approval unless building permits or certificates of occupancy have
been issued for the special permit use. Such period may be extended
on separate application to the Board of original jurisdiction.
