A. 
Purpose of review. Special uses are generally considered to be uses that have a higher potential for incompatibility with adjacent uses. By requiring the individual review of special use permit applications, the Village Board helps to determine the level of compatibility of a use in its proposed location.
B. 
Application submittal. A special use permit application shall be submitted for any proposed use or activity requiring a special use permit under this chapter. Such applications shall be subject to the review and approval procedures of Article 40 of this chapter.
A. 
Planning Commission. The Village Board, at their discretion, may refer special use permit applications to the Planning Commission for review and recommendation.
B. 
Architectural Review Committee. The Village Board, at their discretion, may refer special use permit applications to the ARC for review and recommendation. ARC review shall be required for development applications within the LCR, VCC, NCC, GC, and MU-R Districts.
C. 
Village Board. The Village Board shall hear and decide all special use permit applications, upon receipt of recommendation by the Planning Commission and ARC, where applicable.
D. 
Public hearing required. A public hearing shall be held by the Village Board prior to issuing a decision on any special use permit application.
A. 
Where site plan review is also required, the provisions of Article 44 shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
B. 
Site plan review approval shall be contingent upon issuance of a special use permit by the Village Board. In the event that the special use permit is denied, the site plan decision shall be null and void.
A special use permit application shall include, at a minimum, the following:
A. 
An application form, including the name, address, and signature of the applicant, property owner, and developer, as applicable.
B. 
A site plan denoting the location of the subject property and all structures thereon, as well as all property, uses, and structures within 200 feet of the proposed use.
C. 
A description of the proposed use and nature of its operation, including but not limited to:
(1) 
A business plan, vision, or model, and/or summary of products, goods, and services to be sold or provided;
(2) 
The proposed hours of operation;
(3) 
The number of employees at maximum shift;
(4) 
The maximum seat capacity;
(5) 
The timing and manner of any and all anticipated deliveries;
(6) 
A recycling and waste management plan; and
(7) 
The nature and type of all mechanical equipment provided and/or required.
D. 
An interior floor plan, including, but not limited to, the arrangement of seats, kitchen and/or bar size and location, storage areas, and location of machines or other mechanical equipment.
E. 
A narrative describing how the proposed use will satisfy the special use permit considerations.
F. 
All SEQR documentation as required by NYS Law.
G. 
The required application fee.
A. 
Review considerations. The reviewing board shall consider the following when reviewing applications and shall include a statement of findings for such considerations in any decision or recommendation rendered.
(1) 
Conformance with the Village of Hamburg Comprehensive Plan, and other adopted plans, studies, and guidelines.
(2) 
Conformance with the district, building, use, and lot requirements, as provided by Part 2 of this chapter.
(3) 
Conformance with all applicable additional use regulations, as provided for by Article 23 of this chapter.
(4) 
Adequacy of building and site design and development features, as required by Part 3 of this chapter.
(5) 
Adequacy of existing and/or proposed public facilities and services, such as roadway capacity, police and fire protection, drainage structures, water and sewage facilities, refuse disposal, and schools, to serve the use.
(6) 
Location, arrangement, size, and design of proposed on-site signage, external lighting, and other incidental building or site amenities.
(7) 
Siting of the use so that existing or proposed features of the property would mitigate any potential adverse effect or nuisance to residential property.
B. 
Determination of compatibility. No special use permit shall be issued if it is found that the proposed use will not be compatible with its surroundings. Uses may be deemed incompatible if the reviewing board finds one or more of the following statements to be true. The proposed use will:
(1) 
Create a hazard to the public health, safety and general welfare;
(2) 
Alter the character of the neighborhood or be detrimental to the residents thereof through the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions;
(3) 
Cause significant traffic congestion or create a traffic hazard;
(4) 
Cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area;
(5) 
Cause adverse environmental impacts such as significant erosion, runoff, sedimentation, slope destruction, flooding, or degradation of water quality;
(6) 
Destroy or adversely impact historic properties; or
(7) 
Otherwise result in an excessive or significant negative impact on the community that cannot be mitigated.
A. 
The reviewing board may impose conditions on or require modifications of the premises benefited by a special use permit as may be necessary to prevent or minimize adverse effects upon other property in the neighborhood, including limitations on hours of operation or the length of time for which the permit is granted.
B. 
Such conditions shall be expressly set forth in the motion authorizing the special use permit.
C. 
Proposed amendments or revisions to an approved special use permit shall be subject to review and approval in accordance with this article. The issuance of a new, updated special use permit shall be required.