Upon written direction of the Zoning Board of Appeals, the Code Enforcement Officer is hereby empowered to issue a special permitted use permit as provided for by this chapter.

Uses permitted by special permit shall be deemed to be permitted uses in their respective districts, subject to the satisfaction of the requirements and standards set forth in Article IV in addition to all other requirements of this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

A special permitted use permit shall authorize only one particular special permitted use. The special permitted use permit shall expire if the use shall cease for more than one year for any reason.

No person shall be issued a special permitted use permit for a property where there is an existing violation of this chapter.

Before any special permitted use permit shall be issued, the Zoning Board of Appeals shall make written findings certifying compliance with the specific rules governing individual special permitted uses and that satisfactory provision and arrangement has been made relative to the following additional concerns:

An original and seven copies of all applications for special permitted use permits shall be submitted to the Building Department on forms provided by the Building Department.

The application shall include a site plan of the special permitted use and subject parcel drawn to scale which includes all of the data specified herein.

The Code Enforcement Officer, after determining that an application is in proper form, shall transmit copies of the application and all supporting documents to the Zoning Board of Appeals for approval in accordance with the procedures specified below.

The Code Enforcement Officer shall transmit a copy of the complete application and supporting documents to the County Planning Board for review when required under Article 12-B, § 239-m, of the General Municipal Law.

Prior to taking action on an application for a special permitted use, the Zoning Board of Appeals shall conduct a public hearing on the proposed request. Said hearing shall be conducted within 62 days following the receipt of a complete application and supporting documents from the Code Enforcement Officer. Public notice of the hearing shall be established by the publication of a notice in the official newspaper of the Town in accord with the provisions of Town Law. Said notice shall briefly describe the nature of the application and the time and place of the hearing. In addition, the applicant shall, at least seven days prior to the date of the hearing, give notice in writing by certified mail to all property owners within 500 feet of the property to be affected by said application or to all property owners of contiguous land or properties adjoining said property.

Within 62 days from the date of such public hearing, the Zoning Board of Appeals shall, by resolution, either approve, approve with conditions or disapprove the application so heard. The 62-day period available to make a determination may be extended by mutual agreement of the applicant and the Zoning Board of Appeals.

If the application was transmitted to the County Planning Board under Article 12-B, § 239-m, of the General Municipal Law, the Zoning Board of Appeals cannot act within the first 30 days following the referral of the application to the County Planning Board unless said Board provides a written reply to the Town within the 30-day period.

In approving an application, the Zoning Board of Appeals may impose any modifications or conditions it deems necessary to conform with the goals and objectives of the Town's Comprehensive Plan, and its principles of land use and development and to protect the health, safety or general welfare of the public.

If an application is approved by the Zoning Board of Appeals, the Code Enforcement Officer shall be furnished with a copy of the approving resolution of the Zoning Board of Appeals and he shall issue the permit applied for in accordance with the conditions imposed by the Board.

If any application is disapproved by the Zoning Board of Appeals, the reasons for such denial shall be set forth in the Board resolution and a copy of such resolution shall be transmitted to the Code Enforcement Officer. The Code Enforcement Officer shall deny the application accordingly by providing the applicant with a copy of the Board's reasons for disapproval.

The Code Enforcement Officer shall inspect the premises of a use authorized and approved with a special permitted use permit not less than one time each calendar year. The inspection shall determine that the use is being operated consistent with the terms and conditions established by the Zoning Board of Appeals in approving the permit. If the Code Enforcement Officer shall determine that the conditions are not in compliance with the permit, the Code Enforcement Officer shall nullify the special permitted use permit and set forth the procedures and requirements for reestablishing the use. The use may not be operated until a new application is submitted and approved.