No building or land shall be changed or altered in use or shall be changed or altered structurally unless in conformity with the regulations of the district where said land or building is located.

No building shall hereafter be erected or changed or altered structurally so as to:

The yards or open spaces about any building shall not be included as part of a yard or open space required for another building.

No building or premises shall be erected, altered or used except for one or more of the uses designated for any district as provided by Schedule of Use, Area and Bulk Regulation tables in this chapter.[1]

Determination of permitted use. When a use is not specifically permitted in this chapter as either a use permitted by right or by special permit, it shall be understood that the use may be allowed by special use permit of the Planning Board if, upon an interpretation appeal, it is determined by the Zoning Board of Appeals that the use is similar to other uses listed in the district and is consistent with the stated purpose of the district. It is further recognized that every conceivable use cannot be identified in this chapter and anticipated that new uses will evolve over time, so therefore this section establishes the Zoning Board of Appeals' authority to review and decide, upon an interpretation appeal, to compare a proposed use and measure it against those listed in the applicable zoning district for determining similarity. In determining similarity, the Zoning Board of Appeals shall make all the following findings prior to approval:

Stockyards, slaughterhouses and the processing of meats for animal foods.

The handling or storage of junk and the disassembly of motor vehicles and the storage of used car parts, unless conducted entirely within a building, and the storage of used building materials for resale except in an established lumber or building materials yard.

The storage of crude oil or any of its volatile products or asphaltic oils or other highly inflammable liquids in aboveground tanks with unit capacity greater than 10,000 gallons, and in aboveground tanks with unit capacity greater than 550 gallons closer than 50 feet to any property line. All tanks having a unit capacity greater than 550 gallons shall be properly diked with a dike or dikes having a capacity of 1 1/2 times the capacity of the tanks or tank surrounded.

The storage, baling or treatment of junk, rags, bottles or scrap paper, unless entirely within a building.

Any process of assembly, manufacture or treatment normally constituting a nuisance by reason of smoke, odor, dust, vibration or noise, including but not limited to such things as foundries, forge shops and boiler works; the manufacture or refining of asphaltic oils; the manufacture or processing of cork, fertilizer, linoleum, oilcloth and glue or gelatin; the tanning and storage of rawhides; the manufacture of paint, oil, turpentine, shellac, enamel or varnish; fat rendering; and fish smoking or curing; provided, however, the above shall not apply to exclude an industry, whether or not specifically mentioned, if such industry, after supplying satisfactory evidence to the Planning Board, is certified by that Board to be free of the nuisance characteristics typical of its kind, by reason of special design of structure or innovation in processes or other circumstances.

Any process of assembly, manufacture or treatment of an unusually hazardous nature, including but not limited to such things as the manufacture or storage of fireworks and explosives and explosive or poisonous gases, except as may be necessary and incidental to a permitted industrial process, and the manufacture of illuminating gas.

The Planning Board shall conduct a public hearing within 62 days from the day an application is received on any matter referred to it under this section. Public notice of said hearing shall be printed in a newspaper of general circulation in the Village at least five days prior to the date thereof. The authorized board shall decide upon the application within 62 days after the conduct of the hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the authorized board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant.

The Planning Board may prescribe and demand that certain conditions and safeguards, including financial provisions for the maintenance of property held in common, or other acts be completed before the Planning Board shall hear said applicant.

Before granting any special use permits, the Planning Board shall determine that the special use requested is in accordance with Comprehensive Plans of land use in the community and will not disrupt the relationship of residential, commercial and industrial areas within the Village, and further determine that:

To better facilitate the understanding of a special use permit, it is to be understood that special uses will be permitted only as allowed in the schedule. It shall also be understood that a special use differs from a variance in that a variance is an authority to use certain property in a manner not allowed by this chapter pertaining to the district, while a special use is a permit to use property in a manner in which this chapter expressly allows, as designated in the schedule.

If the provisions regarding any type of special use shall be declared invalid by any court, then such special use shall become a use not allowed in that district.

Character and violation of special use permit. A special use permit granted under this chapter and applied within the two years as set forth in § 280-12G hereof shall run with the land of the heirs, successors or assigns of the original holder and shall be acknowledged in like form and manner as a deed. The Village Clerk shall maintain a record book and record therein in suitable order every such permit.

A special use permit shall be deemed to authorize only one particular special use and shall expire if not applied within two years or if the special use shall cease for more than six months for any reason.

No permit shall be issued for a special use for a property where there is an existing violation of this chapter.