Any land use activities listed as requiring a special use permit in Schedule 1, Allowed Uses;[1]

Any land use activities requiring a special use permit in Schedule 1, Allowed Uses, for which a special use permit was previously obtained from the Development Board more than seven years before a current building permit application;

Any changes in existing land uses requiring a special use permit in Schedule 1, Allowed Uses, which are determined to be material changes. (See definition in § 106-6.); and

Any land use or development set forth in Part 2, Article XIV, Supplemental Standards, which is not otherwise subject to site plan review and which does not conform to the supplemental standards provided by that section.

A major project application form;

A preliminary site plan review application, as described in § 106-60;

A narrative report describing how the proposed use will satisfy the criteria set forth in § 106-77, as well as any other applicable requirements relating to the specific use proposed as determined by the Development Board; and

A complete Part 1 of a full EAF.

A minor project application form;

A plot plan drawn to scale with accurate dimensions providing information sufficient to enable the Development Board to make an informed decision;

A brief narrative describing the proposed use; and

A short EAF (unless the Director determines that the proposed use for which a special use permit is required is a Type I action, in which case a full EAF shall be required).

Application for a special use permit shall be made to the Development Board, on forms prescribed by the Development Board;

If an application is for a parcel or parcels on which more than one use requiring a special use permit is proposed, the applicant may submit a single application for all such uses. For purposes of determining whether the application is a major or minor project under these special use permit regulations (and for compliance with SEQR and the LWRP consistency review as provided for Article XV of this code) all proposed uses and/or actions on a single parcel or on contiguous parcels shall be considered together.

Preapplication conference. Before filing a formal application, an informal presubmission conference with the Director is recommended to discuss the nature of the proposed use and to determine the specific information that will need to be submitted.

The Development Board shall grant, deny, or grant subject to conditions the application for a special use permit within 62 days after the hearing for a major project and within 30 days for a minor project. Any decision on a major project shall contain written findings explaining the rationale for the decision in light of the standards contained this code; and

In permitting the development, undertaking, reconstruction, enlargement or material change of a use allowable by special use permit, the Development Board may impose any conditions which it considers necessary to protect the health, safety and welfare of the Village and its present and future citizens and the best interests of the surrounding property, the neighborhood or the Village as a whole. These conditions may include, but are not limited to increasing dimensional or area requirements, specifying location, character and number of vehicle access points, requiring landscaping, planting and screening, requiring clustering of structures and uses in order to minimize the burden on public services and facilities, and requiring action by the applicant, including the posting of performance bonds and furnishing of guarantees to insure the completion of the project in accordance with the terms and conditions applicable thereto. No permit shall be issued by the Director until all conditions are met. To ensure that the project will be completed in accordance with the terms and conditions of the application and approval and including, without limitation, the requirements and conditions authorized by Article XII of the Code, the Development Board may require, as a condition, that the applicant submit as-built drawings and/or other written certification, signed and stamped by a New York State licensed engineer, surveyor, landscape architect, or architect of record (or the contractor/owner if no design professional was used), verifying that the project was completed in accordance with the approved special use permit.

A special use permit shall expire if: the special use permit use or uses cease for more than 12 consecutive months for any reason; the applicant fails to obtain the necessary project permit or fails to comply with the conditions of the special use permit within six months of its issuance; or the time limit of the special use permit expires without renewal.

A special use permit shall apply to the use for which it has been granted, as well as to any subsequent use of the property which complies with all terms and conditions of the special use permit (as determined by the Director in issuing a certificate of compliance) and which does not involve any new construction, enlargement, exterior alteration of existing structures, or changed use of outdoor areas. Any other change to a use allowed by special use permit shall require the granting of a new special use permit or a special use permit amendment.

Findings required. In granting or denying special use permits, the Development Board shall take into consideration the scale of the proposed project and the need to maintain the historic, close-knit building pattern in the Village and compatibility among adjoining land uses.

Minor projects. A minor project shall be presumed to be acceptable if it complies with applicable health laws and other specific provisions of this code and if no relevant material information is presented in opposition to it. Before granting a minor project special use permit, the Development Board shall determine that the criteria for major projects listed below are generally satisfied.

Major projects. Before granting or denying a major project special use permit, the Development Board shall make specific written findings as to whether the proposed major project: