A.
Purpose of review. Special uses are generally considered to be uses
that have a higher potential for incompatibility with adjacent uses,
greater impacts on parking resources, greater potential for nuisances,
and greater potential for negative environmental effects. 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.
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 consideration (§ 210-35.4).
F.
All SEQR documentation as required by New York State law.
The reviewing board shall consider the following when reviewing
an application for special use permit and shall include a statement
of findings for such considerations in any decision rendered herein:
A.
Conformance with the Pittsford Village Comprehensive Plan and Town
and Village Local Waterfront Revitalization Program, where applicable.
B.
Conformance with the district, building, use, and lot requirements
of this chapter.
C.
Conformance with all applicable regulations for certain uses, as provided for by Article 24 of this chapter.
D.
Adequacy of off-street parking, access, and trash management.
E.
Adequacy of landscaping and screening.
F.
Compatibility of the proposed use with adjacent properties, uses,
and structures, as defined by the potential of the specially permitted
use to:
(1)
Create a hazard to the public health, safety and general welfare
or create a public nuisance;
(2)
Alter the character of the neighborhood or be detrimental to
the residents thereof through the production of noxious or objectionable
noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness,
contamination or other similar conditions;
(3)
Cause significant traffic congestion, create a traffic hazard,
or vehicular or pedestrian hazard;
(4)
Cause undue harm to or destroy existing sensitive natural features
on the site or in the surrounding area;
(5)
Impact historic properties;
(6)
Fail to provide adequate parking to support the proposed use
without causing a parking shortage or other problems for nearby businesses
and/or residents;
(7)
Fail to provide a location and/or property that has room to
accommodate refuse in accordance with Village Code requirements and
that will not pose a nuisance for neighbors;
(8)
Will not be adequately served by existing and/or proposed water
and sanitary sewer systems and other public facilities and services,
such as sufficient roadway capacity, police and fire protection, drainage
structures, refuse disposal, and schools;
(9)
Create a public nuisance. For the purpose of this subsection,
the term "public nuisance" shall mean noise, light, traffic, and/or
odors which under the time, place, and manner which they occur would
annoy, disturb, injure, or endanger the comfort, repose, health, peace,
or safety of a reasonable person of normal sensitivities; or
(10)
Otherwise result in an excessive or significant negative impact
on the community that cannot be mitigated.
G.
Any other proposed or existing building, use, or site condition that
in the opinion of the reviewing board may have an impact on the public
health, safety, and general welfare of the community.
A.
The reviewing board may impose conditions on, waive specific special
use requirements, or require modifications of the premises 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 special use permit is granted.
B.
Such conditions shall be expressly set forth in the motion authorizing
the special use permit.
C.
The following shall be considered an amendment and/or revision of
an approved special use permit which shall be subject to review and
approval in accordance with this article and which will require the
issuance of a new updated permit:
(1)
The operation or use is transferred, by any means, to an individual
or individuals, or to an entity other than the application to which
the special use permit was granted.
(2)
Any alteration is made to the terms and conditions of the specially
permitted use, as granted by the permit.
(3)
The use does not begin operation within one year of the date
on which the approval for the special use permit was granted.
(4)
The use, once begun, ceases operation for any reason for more
than six consecutive months.
D.
In the event that a special use permit grantee has violated any of
the terms and conditions of such permit, the special use permit shall
be subject to revocation as set forth hereinafter.
(1)
The Village Board of Trustees shall hold a public hearing to
consider whether or not the special use permit grantee has violated
the terms and conditions of said special use permit. Said public hearing
shall be held only after the permit grantee has been notified, as
hereinafter described, by the Building Inspector or Code Enforcement
Officer of said violations and has failed to correct said violations
within the time period established by the Building Inspector or Code
Enforcement Officer. Notice of violations shall be served in the following
manner:
(a)
By personal service of a copy thereof upon the owner or one
of the owners, executors, legal representatives, agents, lessees or
any other person having a vested or continued interest in the premises
where the special use permit use is conducted as shown by the last
preceding assessment roll of the Village or, if no such person can
be reasonably found, by mailing to said owner by certified mail, return
receipt requested, a copy of said notice directed to his/her last
known address.
(b)
By personal service of a copy of said notice upon any adult
person occupying the premises where the special use permit use is
conducted or, if no such person can be reasonably found, by securely
fixing a copy of said notice upon any building or structure which
is located on the premises where the special use permit use is conducted.
(2)
At least 10 days before said public hearing, a legal notice shall be published in a newspaper of general circulation in the Village. Written notice of the public hearing shall be served upon the special use permit grantee in the same manner as the notice of violations, as provided in Subsections D(1)(a) and (b) above.
