2023 New York Laws › GCT - General City › Article 3 - Enacted Without a Hdg › 27-B - Approval of Special Use Permits.

§ 27-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
  ordinance or local law, subject to requirements imposed by  such  zoning
  ordinance  or  local  law  to assure that the proposed use is in harmony
  with such zoning ordinance or local law and will  not  adversely  affect
  the neighborhood if such requirements are met.
2.  Approval of special use permits. The legislative body may, as part
  of a zoning ordinance or 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 zoning ordinance or 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 eighty-one-b  of  article  five-a  of  this
  chapter,  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 city.
5.  Waiver  of  requirements. The legislative body 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  ordinance  or  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  and  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 city 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 city  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 and
  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  and  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 two 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 city 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 city 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 legislative body 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.
12.  Applicability.  This section shall not apply to any city having a
  population of more than one million.