The Board of Trustees finds that nonresidential uses that operate between the hours of 10:00 p.m. and 7:00 a.m. on the following day can have objectionable off-site impacts, including noise, vibration, odors and glare. If these impacts are not regulated, they can constitute a danger to the health, safety and general welfare of the residents of the Village and have a negative impact on the overall quality of life in the Village, especially where such businesses are in close proximity to residentially zoned properties. Accordingly, the Board finds that such nonresidential uses should be held to certain performance standards and regulations before they are permitted to operate, to ensure adequate control measures to protect the community from health hazards and nuisances and to prevent a diminution in the quality of life in the Village.

Notwithstanding any other provision of this Zoning Ordinance, no nonresidential use may operate between the hours of 10:00 p.m. and 7:00 a.m. on the following day unless the Board of Trustees determines that such use meets the following standards:

In the event that a proposed use meets all of the standards set forth in § 248-251.3, then the Board of Trustees will issue a special use permit.

In the event that an application that includes a proposed nonresidential use between the hours of 10:00 p.m. and 7:00 a.m. on the following day is received by the Building Department or by a board or commission of the Village, then the Department or board or commission shall immediately refer such application to the Board of Trustees for consideration under this article for a special use permit. The Building Department, board or commission shall then take no further action on such application until the Board of Trustees has concluded its review under this article. The Board of Trustees may request that the Superintendent of Buildings, or such person acting from time to time with the authority of the Superintendent of Buildings, render such opinion or analysis as the Board of Trustees may request in connection with its review of any such application. In the event that the Board of Trustees deems that the advice of any outside consultants is required by it to perform any analysis pertinent to any application referred to it under this article for a special use permit, then the Board of Trustees may procure such experts and consultants that it deems necessary, the cost of which shall be borne by the applicant. In reviewing an application under this article, the Board of Trustees may refer the application to the Planning Board for its recommendation as to whether the application meets the standards set forth in this article.

If the nonresidential use is subject to site development plan approval by the Planning Board, that requirement will not be affected by any permit issued under this article. Any special use permit granted by the Board of Trustees hereunder shall be deemed to be conditioned on the obtaining by the applicant of site plan approval or any other approval, permit, variance or action of any other Village authority that is otherwise required under the Village Code.