Special use permits are for uses that have characteristics that may pose land use or nuisance concerns or other issues. Accordingly, such uses require special consideration and may include additional regulations for each such use to mitigate impacts. Each use warrants consideration as an individual case in the district and on the specific lot on which it is proposed to be located. Granting of a special use permit for a use in a zoning district shall be based on its own unique facts and circumstances and shall not establish any precedent for granting of a special use permit for the use or any other special permit use on any other lot in the district or in other districts.
A. 
All uses of land listed in Schedule A as uses permitted with a special use permit shall be allowed upon issuance of a special use permit by the Planning Board.[1]
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
B. 
Additional regulations related to certain uses are provided in Article VII, Supplemental Use Regulations, and shall be met.
A. 
Site plan approval is required as part of special use permit uses involving new construction, or any land development activities not specifically exempted by § 325-89 in Article XII, Site Plan Review. Such site plan review shall be carried out in conjunction with these special use permit procedures.
B. 
Area variances.
(1) 
Where a special use permit application contains one or more features that do not comply with the dimensional regulations of this chapter, special use permit review shall begin with the Planning Board prior to seeking the identified area variance(s).
(2) 
Prior to completing its review, the Planning Board shall refer the area variance application(s) to the Zoning Board of Appeals, along with its written opinion regarding the variance(s).
(3) 
Such area variance applications may be made to the Zoning Board of Appeals for such area variance pursuant to Article XIV, Variances and Appeals, without a decision or determination by the Code Enforcement Officer.
A. 
A request for a special use permit shall be submitted on an application form available from the Code Enforcement Office.
B. 
Each application shall be accompanied by a fee as established in the Fee Schedule by the Village Board.
C. 
Applications shall be submitted to the Code Enforcement Office for transmission to the Planning Board.
The Planning Board shall consider the following general criteria when making a decision on a special use permit:
A. 
The proposed building or use complies with all zoning district, overlay district and other specific requirements of this chapter, and will be consistent with the purposes of this chapter and of the zoning district in which it is located.
B. 
The use will not conflict in any way with the Canton Comprehensive Plan and other adopted Village plans.
C. 
The proposed building or use shall not have an adverse impact on adjacent historic resources as formally recognized by the Village Historic District and the State and Federal Registers of Historic Places.
D. 
If the property is in a residential district, it will have no greater overall off-site impact than would full development of the property with uses permitted by right, considering relevant environmental, social and economic impacts.
E. 
The proposed building or use shall not substantially impact the nature and character of the surrounding neighborhood, historic district or corridor in which it is located. In determining substantial impact, the Planning Board shall consider the location and size of the proposed use, the nature and intensity of the operations involved in or conducted in connection with the proposed use, the size of the site in relation to the proposed use and the location of the site with respect to streets giving access to the proposed use.
F. 
The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood regarding traffic conditions, parking, noise, utility facilities and other matters affecting the public health, safety and general welfare.
G. 
Operations in connection with the proposed use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would be the operation of any permitted use not requiring a special use permit.
H. 
The proposed building or use shall be served adequately by essential public facilities and services, such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools.
I. 
The proposed building or use shall not cause significant traffic congestion, impair pedestrian safety or overload existing roads, considering their current width, surfacing and condition, and any improvements proposed to be made to them by the applicant.
A. 
Upon determining that the application is complete, the Planning Board shall set a public hearing within 62 days, following the procedures of § 325-12 of this chapter.
B. 
If the public hearing is to be concurrent with a public hearing for site plan review, only one advertisement notice is needed.
Special use permits shall be referred to the appropriate St. Lawrence County planning agency in accordance with the criteria and procedures of §§ 239-l, 239-m, 239-n and 239-nn of NYS General Municipal Law.
A. 
The Planning Board shall not issue a special use permit unless it makes a written finding that the proposed use will satisfy the criteria set forth above. 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 criteria outlined above and include the facts and reasons upon which such denial was based.
B. 
Within 62 days from the date of any public hearing, the Planning Board shall render a decision in writing. For purposes of this section, a decision shall be signed by the Chairperson. Not later than five days following the rendering of the decision of the Planning Board granting or denying the application, the applicant and parties of record shall be notified of the decision in writing. Such written notification shall include the findings of fact for denial or approval, whichever is applicable.
C. 
The Board shall file the decision in the Village Clerk's office within five business days after the day it is rendered. The Planning Board will also retain in its files a copy of each decision. The files shall be available for inspection by the public.
A. 
A special use permit shall be limited to the specific property for which the application was made.
B. 
A special use permit shall be deemed to authorize only the particular special use or uses specified therein.
C. 
A conditional special use permit approval shall expire at the end of six months if the conditions have not been satisfied. The Planning Board may, however, consent to an extension of the time frame at its discretion.
D. 
A special use permit may be issued as:
(1) 
Permanent.
(2) 
Temporary, to cease on a specified date and not to be renewable.
(3) 
Renewable within a specified period of time set by the Planning Board.
E. 
A special use permit may be revoked by the Code Enforcement Officer if the conditions of the special use permit are violated. Prior to a decision to revoke a special use permit, notification shall be provided to the permit holder and a public hearing shall be held using the decision and modification process described above.
F. 
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.
G. 
All special use permits shall run with the land and will be transferred to successive property owners, provided the permit has not expired or been revoked.