§ 27-B — Approval of special use permits

§ 27-b. Approval of special use permits. 1. Definition of special use\npermit. As used in this section the term "special use permit" shall mean\nan authorization of a particular land use which is permitted in a zoning\nordinance or local law, subject to requirements imposed by such zoning\nordinance or local law to assure that the proposed use is in harmony\nwith such zoning ordinance or local law and will not adversely affect\nthe neighborhood if such requirements are met.\n 2. Approval of special use permits. The legislative body may, as part\nof a zoning ordinance or local law, authorize the planning board or such\nother administrative body that it shall designate to grant special use\npermits as set forth in such zoning ordinance or local law.\n 3. Application for area variance. Notwithstanding any provision of law\nto the contrary, where a proposed special use permit contains one or\nmore features which do not comply with the zoning regulations,\napplication may be made to the zoning board of appeals for an area\nvariance pursuant to section eighty-one-b of article five-a of this\nchapter, without the necessity of a decision or determination of an\nadministrative official charged with the enforcement of the zoning\nregulations.\n 4. Conditions attached to the issuance of special use permits. The\nauthorized board shall have the authority to impose such reasonable\nconditions and restrictions as are directly related to and incidental to\nthe proposed special use permit. Upon its granting of said special use\npermit, any such conditions must be met in connection with the issuance\nof permits by applicable enforcement agents or officers of the city.\n 5. Waiver of requirements. The legislative body may further empower\nthe authorized board to, when reasonable, waive any requirements for the\napproval, approval with modifications or disapproval of special use\npermits submitted for approval. Any such waiver, which shall be subject\nto appropriate conditions set forth in the ordinance or local law\nadopted pursuant to this section, may be exercised in the event any such\nrequirements are found not to be requisite in the interest of the public\nhealth, safety and general welfare or inappropriate to a particular\nspecial use permit.\n 6. Public hearing and decision on special use permits. The authorized\nboard shall conduct a public hearing within sixty-two days from the day\nan application is received on any matter referred to it under this\nsection. Public notice of said hearing shall be printed in a newspaper\nof general circulation in the city at least five days prior to the date\nthereof. The authorized board shall decide upon the application within\nsixty-two days after the hearing. The time within which the authorized\nboard must render its decision may be extended by mutual consent of the\napplicant and the board. The decision of the authorized board on the\napplication after the holding of the public hearing shall be filed in\nthe office of the city clerk within five business days after such\ndecision is rendered, and a copy thereof mailed to the applicant.\n 7. Notice to applicant and county planning board or agency and\nregional planning council. At least ten days before such hearing, the\nauthorized board shall mail notices thereof to the applicant and to the\ncounty planning board or agency and regional planning council, as\nrequired by section two hundred thirty-nine-m of the general municipal\nlaw, which notice shall be accompanied by a full statement of, such\nproposed action as defined in subdivision two of section two hundred\nthirty-nine-m of the general municipal law.\n 8. Compliance with state environmental quality review act. The\nauthorized board shall comply with the provisions of the state\nenvironmental quality review act under article eight of the\nenvironmental conservation law and its implementing regulations.\n 9. Court review. Any person aggrieved by a decision of the planning\nboard or such other designated body or any officer, department, board or\nbureau of the city may apply to the supreme court for review by a\nproceeding under article seventy-eight of the civil practice law and\nrules. Such proceedings shall be instituted within thirty days after the\nfiling of a decision by such board in the office of the city clerk. The\ncourt may take evidence or appoint a referee to take such evidence as it\nmay direct, and report the same, with findings of fact and conclusions\nof law, if it shall appear that testimony is necessary for the proper\ndisposition of the matter. The court shall itself dispose of the matter\non the merits, determining all questions which may be presented for\ndetermination.\n 10. Costs. Costs shall not be allowed against the planning board or\nother administrative body designated by the legislative body unless it\nshall appear to the court that it acted with gross negligence, in bad\nfaith, or with malice in making the decision appealed from.\n 11. Preference. All issues addressed by the court in any proceeding\nunder this section shall have preference over all civil actions and\nproceedings.\n 12. Applicability. This section shall not apply to any city having a\npopulation of more than one million.\n