(a) There are a number of Uses that present challenges that need special attention in order to lessen any potential impacts upon the community, including, but not limited to traffic, noise, lighting, landscaping, and screening. These Uses are classified as Special Exception Uses, with the intent of providing an enhanced review to assure that the proposed Use is in harmony with its surroundings and will not adversely affect the community. To assist in that review, a number of general and specific standards are provided.
(b) Any Principal Use, Accessory Use, or Temporary Use shown as Special Exception ("SE") on Table
§ 345-405K.(1)(b)[1] (Building and Lot Principal Uses), Table
§ 345-405K.(1)(b)[2] (Building and Lot Accessory Uses), or
§ 345-405K.(1)(b)[3] (Building and Lot Temporary Uses), is allowed subject to:
[1] The Special Exception Use will be in harmony with and promote the general purposes and intent of this chapter as stated in
§ 345-105: Purposes, intent and objectives.
[2] The Special Exception Use must be consistent with the intent and purpose of this chapter and the objectives of the Village Comprehensive Plan.
[3] The Special Exception Use must comply with all applicable standards and requirements of this chapter.
[4] The Special Exception Use shall be designed, located, and proposed to be operated so that the health, safety, welfare, comfort, convenience and order of the Village will be protected.
[5] The location and size of the Special Exception Use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the area in which it is located.
[6] The location, nature and height of Buildings, Structures, Walls, Fences, and the nature and extent of existing or proposed Screening on the site are such that the Special Exception Use will not hinder or discourage the appropriate Development and Use of Adjacent land and Buildings.
[7] Operations in connection with any Special Exception Use will not be more objectionable to nearby properties by reason of noise, vehicular and pedestrian traffic, air, noise, stormwater runoff, demand on public services, or other such characteristics than would be the operations of permitted Uses not requiring a Special Exception Use approval.
Applications
(1) Governed by Article 8 (Administration, Procedures and Enforcement). An application for approval of a Special Exception Use shall be processed, reviewed, and acted upon pursuant to Article
8 (Administration, Procedures and Enforcement).
(2) When Plan Required. A Special Exception Use may be permitted by the Planning Commission for those Special Exception Uses indicated for a District or Civic District as "SE" on Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-2 (Building and Lot Temporary Uses) in accordance with §
345-805B.
(3) Ordinary Maintenance or Repair Exempt. A Special Exception Use is not required for Ordinary Maintenance or Repair of an existing Structure.
Special Exception Use.
(1) Purpose and Applicability. The purpose of a Special Exception Use approval is to provide additional regulation for particular uses within the Village through special criteria and an approval process before the appropriate Decisionmaking Authority.
(2) Special Exception Use Application Requirements. An application for a Special Exception Use shall contain the information required as part of the Special Exception Use Checklist established and revised from time to time by the Department of Planning and Economic Development.
(3) Special Exception Use Procedures.
(a) Submission of Special Exception Use Application.
[1] An applicant must submit to the Planning and Economic Development Zoning Administrator 20 printed copies and one digital PDF copy of the complete Special Exception Use application, including all supporting documentation, accompanied by the appropriate submission fee and accompanying engineering review fee(s), per Village Code Chapter
175 (Fees).
[2] The digital copy of the application must be clearly identified with the name of the applicant, project address, submission date, and case number, if assigned.
(b) Completeness Review by Planning and Economic Development Zoning Administrator.
[1] Upon submission of a Special Exception Use application, the Planning and Economic Development Zoning Administrator must review and determine whether the application is complete, including if the appropriate fees were provided.
[2] If the Planning and Economic Development Zoning Administrator determines that the Special Exception Use application is complete, he or she must issue a Certificate of Completeness. The Certificate of Completeness shall be provided to the applicant and included in any materials provided to the Decisionmaking Authority.
[3] If the Planning and Economic Development Zoning Administrator determines that the Special Exception Use application is incomplete, he or she must notify the applicant of such determination with a written explanation regarding which items are incomplete, and must return the application to the applicant.
(c) Decisionmaking Authority Public Meeting. Upon determination of completeness by the Planning and Economic Development Zoning Administrator, the Special Exception Use application shall appear before the Decisionmaking Authority at a public meeting. The Site Plan application, associated materials, and the Certificate of Completeness shall be provided to the Decisionmaking Authority. The purpose of such public meeting is to introduce the project to the Decisionmaking Authority and public, discuss any initial issues or concerns, and set the public hearing on the matter. Under no circumstances shall an application proceed to the Decisionmaking Authority unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.
(d) Decisionmaking Authority Public Hearing.
[1] Upon setting of the public hearing, the Decisionmaking Authority must provide public notice of such hearing in compliance with the public notice requirements set forth in §
345-808.
[2] The Decisionmaking Authority may conduct the public hearing according to its policies and procedures.
[3] Under no circumstances shall a public hearing be held unless all fees and reimbursable costs due the Village are paid and the project escrow is up-to-date.
(4) Review Criteria.
(a) In considering a Special Exception Use application, the Decisionmaking Authority must take into consideration the public health, safety, and general welfare, the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and the provision of a diverse and balanced housing stock, and must establish any appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter.
(b) The Decisionmaking Authority must ensure that the proposed Special Exception Use complies with each of the following general conditions and requirements, as stated in § 345-405K(6)(e).
(c) The Decisionmaking Authority must ensure that the proposed Special Exception Use complies with each of the specific conditions and requirements for that Use, as stated in § 345-405K(6)(f) or 345-405K(8)(b), as applicable.
(5) Decisionmaking Authority's Action. A Special Exception Use application must be approved or disapproved by the Decisionmaking Authority in accordance with the following:
(a) SEQRA Determination of Significance. For all Special Exception Use applications, prior to action on the Special Exception Use, the Decisionmaking Authority must first provide a determination of significance under SEQRA.
(b) Approval.
[1] A Special Exception Use must be approved by the Decisionmaking Authority, upon its finding that the application and Special Exception Use meets all applicable general and specific conditions, requirements, and standards, including without limitation, those set forth in §§ 345-405K(6)(e), (f), 345-405K(8)(b), and 345-405K(4), and any other applicable provisions of law have been complied with.
[2] Approval must be in the form of a resolution by the Decisionmaking Authority. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.
[3] If a Special Exception Use is approved, the Special Exception Use approval must become part of the record of approval, and subsequent actions relating to the authorized Development must be consistent with approved items.
(c) Disapproval.
[1] A Special Exception Use must be disapproved if the Decisionmaking Authority determines that the application does not comply with any one or more of the review criteria set forth in § 345-805I(4).
[2] Disapproval must be in the form of a resolution by the Decisionmaking Authority setting forth the reasons for its disapproval. A copy of the resolution must be signed by the Decisionmaking Authority chairperson and sent to the applicant within 10 days of its passage.
(d) Endorsement of Action.
[1] Approval Endorsement. Upon closing of the public hearing, action by the Decisionmaking Authority, and payment by the applicant of any unpaid fees and reimbursable costs due the Village, the chair of the Decisionmaking Authority and the Planning and Economic Development Zoning Administrator must provide one copy of the approval resolution to the applicant, and one copy to the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.
[2] Disapproval Endorsement. Upon closing of the public hearing and disapproval by the Decisionmaking Authority, the applicant shall pay any unpaid fees and reimbursable costs due the Village. Once such fees are received, the Decisionmaking Authority chairperson and the Planning and Economic Development Zoning Administrator must endorse the action taken by the disapproval resolution, and provide one copy to the applicant, the Department of Planning and Economic Development, the Building Inspector, the Village Engineer, and the Village Clerk for retention in their records.
(6) Special Procedures Related to Certain Special Exception Uses.
(a) Wireless Telecommunications Facilities. The standards, requirements, and procedures set forth in §
345-405W shall be applicable to Special Exception Use applications for Wireless Telecommunications Facilities.
(7) Lapse Upon Change of Use. An approved Special Exception Use and any related Certificate of Occupancy shall lapse automatically without the need for any action by the Village if the Use of the subject property is changed, regardless of whether such different Use is deemed to be a higher or lower Use.
(8) Effective Time. A Special Exception Use approval shall become effective at the time the application is approved by the Decisionmaking Authority and shall be valid regardless of change of ownership, provided that all terms and conditions of the approval are met by subsequent owners or users.
