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.

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.

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:

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:

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.

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.

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.

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.

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.

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.