A.
Purpose of review. Occasional and temporary uses and/or occupancy
of structures and land which are not in conformity with the underlining
zoning of the applicable district in question may be in the best interests
of the Village of Pittsford and the residents thereof. The intent
of this section is to establish criteria for short-term uses that
are otherwise incompatible with this chapter, but which may nonetheless
be desirable on a limited, case-by-case basis under the terms and
conditions set forth herein.
B.
Application submittal. An application for a temporary use permit
shall be on a form established by the Village Clerk's Office.
A.
Zoning Board of Appeals. The ZBA shall hear and decide all applications
for temporary use permits upon receipt of an application for such
temporary use permit. The ZBA may require such other and additional
information as in its discretion it deems necessary to make a decision
with regard to such application.
B.
Public hearing required. A public hearing shall be held by the ZBA
prior to issuing a decision on any temporary use permit application.
A temporary 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 letter of intent that explains the general nature of the proposal.
This letter shall include the following as applicable:
(1)
A description of the temporary nonconforming use or occupancy;
(2)
The proposed hours of operation, if applicable;
(3)
The number of employees at maximum shift, if applicable;
(4)
The maximum seat capacity, if applicable;
(5)
The timing and manner of any and all anticipated deliveries,
if applicable;
(6)
A recycling and waste management plan, if applicable;
(7)
The nature and type of all mechanical equipment provided and/or
required, if applicable;
(8)
The dates and times of the proposed activity;
(9)
The approximate setup and takedown time needed;
(10)
The anticipated number of people expected to attend;
(11)
Signage to be erected on or off this property, when it is to
be erected, and when it is to be removed;
(12)
How trash generated by the activity is to be accommodated;
(13)
A description of any music or noise that may be generated by
the proposed activity;
(14)
Location of anticipated parking for the activity; and
(15)
An explanation of any cooking, lighting, electricity and generators
that are needed.
C.
A notation of the zoning district in which the proposed use is to
be located.
D.
A site plan, survey or aerial image denoting the location of the
subject property and all structures thereon, including appropriate
markings to show the location of all proposed activities.
E.
If the activity is on public property, a current certificate of liability
insurance with the Village of Pittsford named as additionally insured
and providing a minimum of $1,000,000 of coverage.
F.
Copies of any other required permits as applicable such as Monroe
County Health permits, fire inspection certificates, temporary activity
permit from the Town of Pittsford. Proof of these permits may be made
a condition of approval.
The ZBA shall consider the following when reviewing an application
for a temporary use permit and shall include a statement of findings
for such considerations in any decision rendered with regard to such
application. The ZBA shall consider whether the proposed temporary
use or occupancy shall:
A.
Be in harmony with the general purpose and intent of this chapter,
taking into account the location and size of the use, the nature and
intensity of the operations involved or conducted in connection with
it and the size of the site with respect to the streets giving access
thereto.
B.
Not tend to depreciate the value of adjacent property, taking into
account the possibility of screening or other protective measures.
C.
Not create a hazard to health, safety or general welfare.
D.
Not alter the essential character of the neighborhood nor be detrimental
to the residents thereof.
E.
Not introduce substantial adverse impacts on the surrounding neighborhood.
F.
Not be detrimental to the flow of traffic, taking into account the
duration and times of the activity.
G.
Not adversely impact pedestrian safety.
H.
Not create a hazard to health, safety or general welfare.
I.
Not be a nuisance or create offensive odors or noise.
The ZBA may grant, grant with conditions, or deny such application
for a temporary use permit. Such temporary use permit shall be for
a period of a maximum of six months and, upon additional application,
may be extended for an additional three months.
