2013 New York Consolidated Laws
VIL - Village
Article 7 - (7-700 - 7-742) BUILDING ZONES
7-725-B - Approval of special use permits.

 
    §  7-725-b  Approval  of special use permits. 1. Definition of special
  use permit. As used in this section the term "special use permit"  shall
  mean  an  authorization of a particular land use which is permitted in a
  zoning local law, subject to requirements imposed by such local  law  to
  assure  that the proposed use is in harmony with such local law and will
  not adversely affect the neighborhood if such requirements are met.
    2. Approval of special use permits. The village board of trustees may,
  as part of a zoning local law, authorize  the  planning  board  or  such
  other  administrative  body that it shall designate to grant special use
  permits as set forth in such local law.
    3. 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  section  7-712-b  of  this  article, without the
  necessity of a decision or determination of an  administrative  official
  charged with the enforcement of the zoning regulations.
    4.  Conditions  attached  to  the issuance of special use permits. The
  authorized 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 applicable enforcement agents or officers of the village.
    5.  Waiver of requirements.  The village board of trustees may further
  empower the authorized board to, when reasonable, waive any requirements
  for the approval, approval with modifications or disapproval of  special
  use  permits  submitted  for  approval.  Any such waiver, which shall be
  subject to appropriate conditions set forth in  the  local  law  adopted
  pursuant  to  this  section,  may  be  exercised  in  the event 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.
    6. Public hearing and decision on special use permits.  The authorized
  board  shall conduct a public hearing within sixty-two 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 sixty-two days after 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  such  decision  is  rendered,  and  a  copy thereof mailed to the
  applicant.
    7. Notice to applicant and county planning board or agency or regional
  planning council.  At least ten days before such hearing, the authorized
  board shall mail notices thereof to the  applicant  and  to  the  county
  planning  board  or  agency or regional planning council, as required by
  section two hundred thirty-nine-m of the general  municipal  law,  which
  notice shall be accompanied by a full statement of such proposed action,
  as  defined  in  subdivision one of section two hundred thirty-nine-m of
  the general municipal law.
    8.  Compliance  with  state  environmental  quality  review  act.  The
  authorized   board  shall  comply  with  the  provisions  of  the  state
  environmental  quality  review  act   under   article   eight   of   the
  environmental conservation law and its implementing regulations.

    9.  Court  review.  Any person aggrieved by a decision of the planning
  board or such other designated body or any officer, department, board or
  bureau of the village may apply to the supreme court  for  review  by  a
  proceeding  under  article  seventy-eight  of the civil practice law and
  rules. Such proceedings shall be instituted within thirty days after the
  filing  of  a decision by such board in the office of the village clerk.
  The court may take evidence or appoint a referee to take  such  evidence
  as  it  may  direct,  and  report  the  same,  with findings of fact and
  conclusions of law, if it shall appear that testimony is  necessary  for
  the  proper disposition of the matter. The court shall itself dispose of
  the matter on  the  merits,  determining  all  questions  which  may  be
  presented for determination.
    10.  Costs.  Costs  shall not be allowed against the planning board or
  other administrative body designated by the village  board  of  trustees
  unless it shall appear to the court that it acted with gross negligence,
  in bad faith, or with malice in making the decision appealed from.
    11.  Preference.  All  issues addressed by the court in any proceeding
  under this section shall have preference  over  all  civil  actions  and
  proceedings.