It is the intent of this chapter to use special 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 permits bring needed flexibility and individuality to the otherwise rigid controls of zoning regulations.
The Village Planning Board shall administer the review and granting of special permits.
A. 
The Code Enforcement Official shall refer the completed special permit application to the Village Planning Board within 10 days after receiving a completed application.
B. 
At its next regular or special meeting, the Village Planning Board shall designate a public hearing date within a reasonable period of time, not to exceed 45 days from the date the application was received, or 60 days in cases when the application shall be referred to the County Planning Board in accordance with General Municipal Law § 239-m.
C. 
The Village Planning Board shall send a notice of the public hearing to the applicant and publish a notice of the public hearing in a newspaper of general circulation in the Village.
D. 
The notice of the public hearing shall be sent and published at least 10 calendar days prior to the date of the public hearing and shall contain sufficient information so as to identify the property involved and the nature of the proposed action.
E. 
The Village Planning Board shall make a factual record of all its proceedings involving the granting of a special permit. The decision of the Planning Board shall contain the reasons for its decision.
F. 
The Village Planning Board shall render its decision, either approving, approving with conditions or denying the special permit, within 45 days after the hearing unless an extension is mutually agreed upon.
G. 
Each application for a special permit shall be accompanied by a proposed plan showing the information required for site plan approval as described in Article X of this chapter.
H. 
Each special permit application shall also receive site plan approval before the special permit may be granted.
I. 
The Code Enforcement Official shall make an on-site visit to each property authorized as a special use not less than one time each year. The purpose of said site visit is to ensure that the use is being operated in accord with the conditions specified by the Planning Board. If the Code Enforcement Official shall determine that a violation of this chapter or the conditions imposed by the Planning Board exists, the certificate of occupancy and/or certificate of compliance shall be null and void. A new special use permit application shall be required to be submitted and approved prior to the reestablishment of said use.
J. 
No site preparation or construction shall commence nor shall existing structures be occupied for any special permit use until final site development plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.
A. 
The Village Planning Board may grant a special permit for uses described in Article VII, provided that the proposed use complies with all requirements and conditions set forth in that Article.
B. 
The Planning Board shall make written findings for each special permit decision. Findings shall state the reasoning behind, the basis for and the evidence relied upon to reach the decision. Compliance with the requirements of Article VII shall also be maintained.