The Planning Board, unless otherwise provided herein, shall follow the procedures and timetables and comply with the referrals and reviews set forth in § 7-725-b of the Village Law. The Planning Board shall adopt and file in the Village Clerk's office such other rules of procedure as it may deem necessary for the proper exercise of its responsibilities with respect to its determinations regarding special use permits for special exception uses.

Prior to taking action on any special exception use, the Planning Board shall hold a public hearing after public notice as provided in § 7-725-b of the Village Law. No action shall be taken respecting such matter until all interested parties shall have been given a reasonable opportunity to be heard.

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 article. 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 Planning Board shall decide upon the application within 62 days after the conduct of the hearing. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The decision of the Planning 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.

An application for a special use permit shall not be considered received by the Planning Board until it has a full written statement of the proposed special exception use, together with any site plan, survey, narrative statement of use or other documentation reasonably required by the Planning Board in order to give proper consideration to the applicant's request or is otherwise required by this article or the rules of procedure duly adopted by the Planning Board and filed in the Village Clerk's office.

Notice to applicant and county planning agency. At least 10 days before the public hearing, the Planning Board shall mail notices thereof to the applicant and to the county planning agency, as required by § 239-m of the General Municipal Law, which notice shall be accompanied by a full statement of the matter under consideration, as defined in Subdivision 1 of § 239-m of the General Municipal Law.

Compliance with State Environmental Quality Review Act. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations as codified in 6 NYCRR 617.

Waiver of conditions. The Planning Board is authorized, when reasonable, to waive or modify any preestablished special conditions and safeguards for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver may be exercised in the event that any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver or modification of any special condition or safeguard is permitted unless the Planning Board shall determine that all the general standards in § 200-51 of this article are met and that the application of the special condition and safeguard is unnecessary.

Conditions attached to the issuance of special use permits. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer or other applicable enforcement agents or officers of the Village.

Application for area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 7-712-b of the Village Law without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.

The Planning Board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact. The Planning Board shall also keep records of examinations and official actions, all of which shall be filed within five business days in the office of the Village Clerk and shall be a public record. Each decision of the Planning Board with respect to the approval of a special use permit for a special exception use shall be so stated and documented as to provide a definitive authorization to the Code Enforcement Officer for issuing a building permit or certificate of occupancy.

A site plan for any proposed special exception use in any district where authorized shall be submitted to the Planning Board for approval prior to authorization by the Planning Board for the issuance of a building permit or a certificate of occupancy.

Building permits authorized by Planning Board action on special exception cases shall be obtained within 30 days and shall automatically expire if construction under the permit is not started within 90 days, and the entire building or structure shall be completed according to such filed and approved plans upon which the issuance of such permit was based within one year. Extensions of these periods may be granted by the Planning Board where good cause is shown.

A special exception use for which a building permit or certificate of occupancy is authorized by the Planning Board pursuant to the provisions of this article shall be construed to be a conforming use.

Any violation of the limitations or special conditions and safeguards established by the Planning Board with respect to a specific authorization for a special exception use shall be deemed a violation of this chapter, punishable under the provisions set forth in § 200-96, Penalties for offenses.

The fee for special exception use applications to the Planning Board shall be as established from time to time by local law or resolution of the Board of Trustees[1] and shall be paid by the applicant before the application is considered received.

Such use will be in harmony with and promote the general purposes and intent of this chapter as stated in Article I.

The plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.

The proposed use will not prevent the orderly and reasonable use of adjacent properties in adjacent use districts.

The site is particularly suitable for the location of such use in the community.

The characteristics of the proposed use are not such that its proposed location would be unsuitably near to a church, school, theater, recreational area or other place of public assembly.

The proposed use, particularly in the case of a nonnuisance industry, conforms to the chapter definition of the special exception use where such definition exists or to the generally accepted definition of such use where it does not exist in this chapter.

Access facilities are adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion; and further, vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of the intersection of street lines at a street intersection except under unusual circumstances.

All proposed curb cuts have been approved by the street or highway agency which has jurisdiction.

There are off-street parking and truck loading spaces at least in the number required by the provisions of Article VII, but in any case an adequate number for the anticipated number of occupants, both employees and patrons or visitors; and further, the layout of the spaces and driveways is convenient and conducive to safe operation.

Adequate buffer yards and screening are provided where necessary to protect adjacent properties and land uses.

Adequate provisions will be made for the collection and disposal of stormwater runoff from the site and of sanitary sewage, refuse or other waste, whether liquid, solid, gaseous or of other character.

The proposed use recognizes and provides for the further specific conditions and safeguards required for particular uses in §§ 200-52 through 200-81, if any.

No building or structure shall be built within 50 feet of any property line.

Lot coverage shall not exceed 20%.

The site boundaries shall be at least 200 feet distant along any bounding street from any residence district boundary line.

The lot shall be not less than 20,000 square feet in area and shall have a minimum frontage of 150 feet along a major street or highway.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

Storage area for vehicles waiting for service shall be provided on-site and shall not occur on a public street or highway. Not more than five motor vehicles shall be stored outdoors overnight.

An automobile laundry shall not provide other than washing, waxing, simonizing or similar treatment services.

Outdoor storage and display of accessories, portable signs and outdoor repair work shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

The shelter shall be so located that there is ample room to permit the bus to leave the traveled roadway conveniently for picking up or discharging passengers.

The only advertising display on such structure shall be one sign not exceeding two square feet in area.

Commercial recreational uses shall be limited to those customarily considered to be outdoor sports, except those sports that are spectator-oriented or that are similar to automobile or motorcycle racing.

Supplementary accessory commercial uses designed to support the principal use of the land shall be oriented in the site plan and in appearance toward that principal use rather than to the road frontage and transient services.

Public access to such use shall only be from a New York State highway.

One identification sign not exceeding 32 square feet in area may be erected on each New York State highway frontage, provided that it is set back at least 50 feet from the right-of-way and that it meets all the general standards and specifications applicable to identification signs in Article VIII.

All the activities of such recreational use shall be contained on the site and at a sufficient distance from the boundaries so as not to adversely influence the development of adjacent properties.

The development plan for such site shall clearly demonstrate the intent to maintain the site's natural environment in its native condition and thus to conserve the appearance of the countryside and minimize the impact of parking areas and of cleared wooded areas.

The site shall have a minimum area of 100 acres, of which no more than 50% shall be devoted to use. The remaining 50% shall be maintained as a natural transition or buffer area.

Vehicular entrances and exits shall be controlled by curbing.

There shall be adequate off-street parking and loading space to serve the proposed use.

There shall be adequate provision for disposal of trash and refuse left on the premises.

There shall be either a suitable fence or landscape planting screen along side and rear lot lines.

The lot shall be not less than 20,000 square feet in area and shall have a minimum frontage along the principal street or highway of at least 150 feet.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

All pumps and lubricating and other devices shall be located at least 25 feet from any building, structure or street line.

Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle's backing across any right-of-way.

The area devoted to the outdoor storage of motor vehicles or parts thereof or to purposes of dismantling shall be screened from view of persons on adjacent streets by enclosing such area within a solid fence eight feet high or such area shall be located inside a building. Not more than five motor vehicles shall be stored outdoors overnight.

Outdoor storage of other than motor vehicles shall be prohibited at all times. Premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles.

All buildings and structures shall be at least 50 feet from any property line.

Lot coverage shall not exceed 20%.

A street system with paved roadways having a minimum width of 20 feet and with curbs or gutters, giving unobstructed access to all mobile homes or house trailer spaces and having at least two access drives to and from the public street.

Established mobile home or trailer spaces of not less than 2,400 square feet, with a minimum width of not less than 40 feet; provided, however, that the overall site area per space shall be not less than 5,000 square feet. Individual spaces shall be clearly defined by permanent markers at each corner.

Each mobile home or trailer space to have:

Separate off-street and off-driveway parking facilities for automobiles and tow vehicles outside of the required yards at the rate of one such space per each mobile home or trailer.

All mobile homes and accessory structures shall be at least 30 feet apart.

Mobile homes or trailers shall be set back at least:

On-site stormwater drainage system, including provisions for well-drained mobile home spaces, interior private streets and other public areas, as well as consideration for natural watercourses.

Sewage disposal and water supply systems approved by the Erie County Health Department shall be provided at each mobile home and trailer space. The individual sewer connections shall have a P-trap.

A fire-protection system in accordance with standards of the National Fire Protection Association recommendations and as required and approved by local fire district officials.[1]

A complete electrical system in conformance with National Electrical Code provisions and the New York State Board of Fire Underwriters or other authorized agency, including underground service cable and outdoor lighting along all interior streets, entrances and exits and in public open spaces, with at least one one-hundred-watt lamp fixture approximately 15 feet above the ground for each 100 feet of street length and an equivalent level of lighting over public open spaces.

Garbage and trash collection points so located that no mobile home is more than 100 feet from such a point, equipped with an adequate number of metal garbage cans with tight-fitting covers and appropriately screened from view.

Centrally located public telephone, separate and adequate sanitary facilities for men and for women and emergency public water supply; provided, however, that drinking water facilities shall not be placed in any toilet room or water closet compartment.

A laundry facility and an outdoor drying yard with suitable uprights to supply at least 50 square feet of drying space per mobile home or trailer space. Such drying yards shall be conveniently located and suitably screened from view.

The location of other desired community facilities.

An equipped recreation facility with an area equivalent to the proportion of one acre per 100 mobile home or trailer spaces in the court, but having an area of not less than 1/2 acre in any case.

A walkway system of paved or stabilized gravel all-weather paths along interior streets and leading to public open spaces.

All accessory structures in a mobile home park shall comply with the building code,[2] this chapter and such other codes, ordinances and regulations as are applicable.

The lot area shall be not less than one acre.

There shall be not more than one pupil for every 1,500 square feet of lot area.

All buildings, structures and areas of organized activity, such as play areas, swimming pools, etc., shall be not less than 75 feet from any property line.

Off-street parking areas shall be not less than 50 feet from any property line.

Only one permanent family dwelling unit shall be located on the premises, and said dwelling unit shall comply with the provisions of this chapter for the district in which the lot is located.

Outdoor floodlighting and public-address systems are prohibited.

Only one sign, not larger than 12 square feet in area, shall be permitted.

Landscaping and fencing shall be provided as required by the Planning Board.

The lot shall be not less than one acre in area and shall have a minimum frontage of 150 feet along the principal bounding street.

All buildings and structures shall be not less than 50 feet from any property line.

Lot coverage shall not exceed 30%.

There shall be adequate provision for access to the site.

Vehicular entrances and exits shall be controlled by curbing.

Facilities for servicing, repairs and outdoor storage of motor vehicles shall be prohibited.

All buildings and structures shall be not less than 50 feet from any property line.

Lot coverage shall not exceed 20%.

An overall development plan shall be presented showing the use or uses proposed, including dimensions indicating the areas set aside for each use, and the locations of all structures, parking spaces and rights-of-way or driveways and the provision for sewer and water service facilities.

Residential dwelling units may be in single-family, two-family or multiple-dwelling structures, provided that the total number of dwelling units shall not exceed that permitted by the applicable district regulations per gross acre; and further provided that the minimum yard provisions and, in the case of a multiple dwelling, the minimum spacing between buildings shall be not less than those required:

Open space or common land resulting from the planned residential development design shall only be used for private or municipal recreation, including natural parkland. Such land shall only be owned by a nonprofit corporation or shall be offered for dedication to the municipality or other public agency for the same uses; but in any case of a nonprofit corporation, a preestablished offer of dedication shall be filed with the municipality for acceptance if the nonprofit corporation were ever discontinued or failed to maintain the private recreation use or natural parkland.

The proposed planned residential development shall comply with all other applicable requirements of the municipality with respect to land development.

The site area shall be not less than 50 acres.

Individual sites resulting from subdivision or from leasing arrangements may average 40,000 square feet each, provided that no site of less than 40,000 square feet may be located within 400 feet of the park's boundary; and further, that no site shall be less than 20,000 square feet.

If the proposed park is not subject to the subdivision regulations[1] as a result of common ownership, it shall be approved in a similar manner by the Planning Board and meet the same standards for design and public improvements.

Public and private swimming pools shall be approved specifically with respect to the availability of water supply and the adequacy of wastewater disposal as they affect both the subject lot and the surrounding land use.

Public and private swimming pools, their water and electric supply systems and their enclosures shall be constructed, installed and maintained according to the Uniform Fire Prevention and Building Code of New York State.

Public and private swimming pools shall comply with all setback restrictions and shall be installed in the rear yard of the premises and no closer than 10 feet to a dwelling. No swimming pool shall be less than 10 feet from the side and/or rear lot line; and on lots less than 50 feet in width, it shall be located midway between the side lot lines and shall comply in all respects with a site plan approved by the Planning Board.

The lot shall be not less than 30,000 square feet in area and have a minimum frontage along a state or county highway of at least 110 feet.

Access to off-street parking areas shall be so designed that traffic to the site will not be encouraged to travel through the minor street system.

Off-street parking areas shall be set back at least five feet from all property lines and shall not be located in any required front or side yard.

Off-street parking areas shall be screened from all adjacent lots in any residence district, except those used for the same use or for a hospital when agreement between the two property owners exists, by a five-foot stockade-type fence or an equivalent fence or natural screening located along such property lines.

Such a building may include accessory services to medical offices, including ethical pharmacy and restaurant services, provided that there shall be no manifestation of such uses by outside signs, displays, advertising or similar means; and further, that the total floor area devoted to such accessory services shall not exceed 10% of the total rentable floor area of such building.

The site shall be located on either a state or county highway.

The site shall have adequate land area for traffic planning. The driveways and entrances and exits shall be approved by the County Highway Engineer or the District Engineer of the State Department of Transportation, depending on whose jurisdiction the abutting highway or highways is or are located in.

All driveways, parking areas and structures shall be located at least 100 feet from any residence district boundary.

All driveways, parking areas and structures shall be landscaped in a manner which will make them compatible with surrounding land uses, existing or future.

The lot shall be not less than 20,000 square feet in area and have a minimum frontage along a state or county highway of at least 150 feet.

No church, school, library, playground or similar place of public assembly shall be within 500 feet of the site.

All entrance and exit driveways shall be approved by the County Highway Engineer or the District Engineer of the State Department of Transportation, depending on whose jurisdiction the highway is located in.

All fuel pumps, lubricating and other devices shall be located at least 25 feet from any building, structure or street line.

No repair work shall be performed outdoors.

All fuel, oil, gasoline or similar substances shall be stored underground and at least 10 feet from any and all lot lines and shall be installed and maintained in accordance with the standards of the National Board of Fire Underwriters.

All dismantled automobiles, trucks, tractors, trailers and similar equipment and parts and accessories thereof shall be stored within a building.

All parking areas for operating vehicles shall be paved, curbed and drained in accordance with municipal specifications. Such areas shall be at least 50 feet from any residence district boundary and at least 10 feet from any property line. No vehicle shall park or stand outside such paved parking area.

Screening shall include planting of evergreen bushes or trees in addition to a fence so that truck motor noise and the sound of overnight operation of refrigeration units will tend to be muffled.

The lot area shall be at least 10 acres for each cottage.

No cottage shall be closer than 200 feet to any lot line.

Any such installation of flammable liquids or gas shall be in conformance with the applicable recommendations of the National Board of Fire Underwriters.

The recommendations of the local Fire Chief having jurisdiction shall also be considered prior to approval of such a use.

All such uses shall be located on sites large enough to contain the impact of any potential accident that might result from their existence without damage to adjacent properties.

Adjacent properties shall be adequately protected from noise, odors and unsightly appearance.

All buildings, structures and accessory use areas, except off-street parking, shall be at least 50 feet from any property line.

A home occupation or home professional office must be conducted within a dwelling which is the bona fide residence of the principal practitioner. Such home occupation or home professional office may occupy up to 30% of the gross floor area of the residence to be used for the conduct of the home occupation or home professional office.

The exterior appearance of the residential structure shall not be altered nor shall the occupation or office use within the residence be conducted in such a manner that would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.

No outdoor display of goods or outside storage of equipment or materials used in the home occupation or professional offices shall be permitted.

Each home occupation or professional office may be allowed to have one sign indicating the name and address of the occupant or permitted home occupation or professional office. Said sign shall be in conformance with Article VIII of this chapter.

Home occupations and professional offices shall provide three hardtop parking spaces in accordance with Chapter A205, Parking Lots, of the Village Code for client use, in addition to the off-street parking spaces required for the dwelling.

Home-operated physician or dentist offices shall provide five hardtop parking spaces for client use, plus one parking space for each nonresident employee in accordance with Chapter A205, Parking Lots, of the Village Code, in addition to the off-street parking spaces required for the dwelling.

The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided to limit the potential impact of such uses on adjacent properties.

No more than one home occupation or home professional use shall be permitted for each residential property.

Any building proposed to be converted to create additional living units shall have not less than 1,500 square feet of gross floor area.

No existing residential building shall be converted to include more than three separate and independent living units.

Following the conversion, the building must contain at least one dwelling unit with not less than 800 square feet of floor area.

The conversion shall comply with the requirements of the Uniform Code[1] and this chapter.

The minimum habitable floor area for living units shall be 450 square feet for efficiency units; 550 square feet for one-bedroom units; 800 square feet for two-bedroom units; and 900 square feet for three-bedroom units.

For each dwelling unit proposed to be created by a conversion, the minimum lot size shall exceed the minimum required by 10%.

The Planning Board shall determine that water supply and sanitary sewer services are adequate to support the additional density.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for neighboring property owners.

Not less than two off-street parking spaces shall be provided for each independent housekeeping unit.

The Planning Board shall review and approve the amount and location of landscaping and buffer screening to be provided in order to minimize any adverse affect on neighboring property.

Each residential unit shall be served with separate utilities, meters and shutoff valves.

The accessory apartment shall be occupied by a parent, either by blood, marriage, adoption or other domestic bond, of a member of the family residing in the principal residential unit within the structure.

If the resident proposed to be the occupant of the accessory apartment is not a parent of an occupant of the principal residential unit, the applicant shall supply a letter from a physician certifying that the intended occupant of the accessory apartment cannot function independently and is in need of extended personal care or supervision, but is not so infirm as to require full-time care or nursing supervision.

The accessory apartment may be a complete and independent dwelling unit that can be isolated from the principal unit.

No external change in the appearance of the structure shall be made that would distinguish the premises from a single-family residence.

If the accessory apartment is to have a separate exterior entrance, said entrance shall not be on any building facade that faces a public street.

The accessory apartment shall not exceed 35% of the total floor area of the principal building or 550 square feet, whichever is greater.

The owner of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises.

No less than three off-street parking spaces shall be provided to serve the residents of the principal and accessory residential units.

Not more than one accessory apartment may be created on any premises in a residence district.

The special exception shall be granted for a two-year period and may be renewed for the same period of time as long as the same conditions are in effect. If the parent is deceased or the resident requiring extended care is no longer occupying the accessory unit, the permit shall not be renewed and the facilities that provide for independent occupancy (i.e., kitchen and bath facilities) must be removed. As an alternative to the removal of these facilities, the occupant of the principal residential unit must submit plans that show unhindered internal access to the entire dwelling as a condition of the continuation of the certificate of occupancy.

The minimum lot size, frontage and setback requirements shall conform to the specifications set forth in the Table of Dimensional Regulations and Table of Use Regulations. Said tables are located at the end of this chapter.

The building proposed for occupancy as a bed-and-breakfast establishment shall contain no more than four lodging rooms for hire.

The operator and operator's family of the bed-and-breakfast establishment shall reside on the premises and shall be the only permanent occupants on the premises.

The structure proposed for use as a bed-and-breakfast establishment shall meet the requirements of the Uniform Fire Prevention and Building Code.

Off-street parking space shall be provided as follows: at least two spaces shall be provided for the family residing on the premises, plus not less than one additional space for each lodging room.

Bed-and-breakfast facilities may be allowed to have one sign on the premises. Said sign shall be in conformance with Article VIII of this chapter.

The exterior of the building shall maintain its residential character consistent with the neighborhood area.

The Planning Board shall specify the minimum amount and location of landscaping and buffer screening to ensure that the use does not create a nuisance for adjoining property owners.

The Planning Board shall determine that the physical character of the site proposed for development as a shopping center is adequate to accommodate the proposed use and that proposed facilities for storm drainage, public water and sanitary sewer services are capable of serving the site.

The Planning Board shall determine that the street system serving the site is adequate to carry the anticipated traffic flows and that the proposal will not create a burden or nuisance for adjoining property owners.

Shopping centers shall be located on a site of not less than two acres with not less than 200 feet of frontage on each highway which fronts the site.

Shopping centers shall be constructed in accordance with an overall plan for the entire area and shall be designed with a single architectural scheme with appropriate common off-street parking, service road access and landscaping. The development shall provide initially for the construction of either a minimum of 12,000 square feet of ground floor area or a minimum of four of the permitted uses.

Shopping centers shall not have more than one entrance/exit to the site on each highway frontage. The location and width of said entranceways shall be subject to approval by the Planning Board.

Uses permitted include stores and shops where retail goods are sold or personal and/or business services rendered which are similar, but not limited to, the following:

Off-street parking shall be provided at a ratio of not less than one parking space per 150 square feet of gross floor area. Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use shall also be permitted.

Track loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and materials on the premises rather than on a public street or customer off-street parking area on the premises.

The regulations of Article VIII shall govern the location, size, number and characteristics of signs in a shopping center.

The Planning Board may prescribe more restrictive conditions deemed reasonable or appropriate with respect to improving the design quality of a planned business center.

A letter of credit shall be established and provided prior to final approval of the planned business center to assure that all parking, entrances, exits, facilities and services are installed as required and proposed.

Where a shopping center abuts a residence district, there shall be a landscaped buffer strip not less than six feet in height nor less than 50 feet in depth at the periphery of the shopping center. This landscaped buffer shall be provided within the minimum setback requirements. The buffer strip shall include dense landscaped plantings and be perpetually maintained by the developer or owner to provide a visual screen between the shopping center and the adjoining residence district and shall be used for no other purpose.

Lighting within the shopping center shall be provided in a manner so as minimize potential disturbance to adjacent properties.