Village of East Aurora, NY Article 52 Special Use Permits

§ 285-52.1 Applicability.

A. 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 50 of this chapter. The Village Board shall hear and decide all applications for special use permits.

B. 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.

C. Once granted, a special use permit shall remain in full force and effect for the specific use only. Any change of use which results in a departure from operations and conditions authorized under the existing special use permit shall require the review and issuance of a new permit. Any change in ownership of the property, the applicant, user, or person or entity originally granted such special use permit shall require the review and issuance of a new permit.

[Amended 2-7-2022 by L.L. No. 4-2022]

§ 285-52.2 Special use permit application requirements.

A. An applicant for a special use permit shall submit:

(1) A special use permit application form, including the name, address, and signature of the applicant, owner of record, and developer.

(2) A description or narrative of all proposed uses and structures, including but not limited to hours of operation, number of employees, maximum seat capacity, and required number of parking spaces.

(3) A narrative report describing how the proposed use will satisfy the criteria set forth in the special use permit review criteria of this chapter, as well as any other applicable requirements relating to the specific use proposed.

(4) All SEQR documentation as required by New York State law.

(5) The special use permit application fee, as established by the Village Board, and any required escrow deposit for review costs, as required by the Village Board.

B. The Village Board may waive special use permit application requirements, as it deems appropriate, through a written agreement with the applicant.

§ 285-52.3 Special use permit considerations.

A. In granting or denying special use permits, the Village Board shall take into consideration:

(1) The compatibility of scale of the proposed project to surrounding uses;

(2) The potential for the proposed use to have negative impacts, such as traffic or noise, on neighboring uses;

(3) The economically viable use of property;

(4) The existence or proposition measures that would tend to mitigate potential adverse impacts and preserve or enhance the traditional character of the Village.

(5) Any applicable requirements of Article 31, Regulations for Certain Uses, of this chapter.

B. The Village Board may request the review and recommendation of a special use permit application by the Planning Commission. Such review would follow the application procedures of Article 50 of this chapter and authorize the Planning Commission to waive or require additional application materials.

§ 285-52.4 Special use permit review criteria.

Before issuing a decision for a special use permit, the Village Board shall make specific written findings that the proposed use:

A. Will be generally consistent with the goals of the Village Comprehensive Plan;

B. Will meet all relevant criteria set forth in this chapter;

C. Will be compatible with existing uses adjacent to and near the property;

D. Will not create a hazard to health, safety or the general welfare of the public;

E. Will not alter the essential character of the neighborhood nor be detrimental to the neighborhood residents;

F. Will not be a nuisance to neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions;

G. Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;

H. Will not destroy or adversely impact significant historic and/or cultural resource sites;

I. Will provide adequate landscaping, screening or buffering between adjacent uses which are incompatible with the proposed project; and

J. Will not otherwise be detrimental to the public convenience and welfare.

§ 285-52.5 Conditions on special use permits.

The Village 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 the time for which the permit is granted. Such conditions shall be expressly set forth in the motion authorizing the special use permit.

§ 285-52.6 Revocation of special use permit.

[Amended 5-4-2020 by L.L. No. 2-2020]

A. A special use permit issued herein shall be revocable at the option of the Village Board in the event of any violation of any terms and conditions of such special use permit.

B. A special use permit shall authorize only one special use and shall expire if the special use ceases operation for more than six consecutive months for any reason.

§ 285-52.7 Amendments to approved special use permits.

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.

§ 285-52.8 Temporary use permits.

A. Applicability.

(1) Uses requiring the issuance of a temporary use permit by the Village Board, include, but are not limited to, the following:

(a) Public or private sales or events proposed to be located on public property or requiring the use of or impacting public property and/or services, such as sidewalks, streets, or policing.

(b) Public or private sales or events that are proposed to be conducted over a period of two or more days consecutively.

(c) Public or private sales or events that are anticipated to increase off-street parking demand beyond what is available on the site in which they are to be located.

(2) A permit under this article shall be applied for and issued to a sponsoring organization providing a person or persons are designated by the sponsoring organization with the responsibility of overseeing the activity.

(3) Residential garage, lawn, yard, or rummage sales shall be allowed without zoning permits provided that no more than two such sales are held on a single property in any twelve-month period for a maximum duration of no more than seven days, with a minimum of seven days between the ending of a sale and the beginning of a new sale. At the end of a sale, all items that are for sale shall be moved so as not to be visible from the public right-of-way.

B. Application requirements.

(1) Applications for a temporary use permit shall be made to the Village Clerk at least 30 days prior to the proposed sale or event. If an event is planned and held for which a temporary use permit is required, however no timely application is made for said permit, then the Village may require that a permit application be made and approved retroactively. In these cases, the permit fee required to be paid shall be double. Or, the Village shall have the right and option to inform event organizers that the event may not be held and must be canceled due to the permitting process not being followed and completed in a timely manner.

[Amended 5-16-2022 by L.L. No. 7-2022]

(2) The application shall be on forms supplied by the Village and shall provide information as may be necessary to establish compliance with this section, including but not limited to the following:

(a) The name, address and telephone number of the applicant.

(b) The name, address and telephone number of the owner or owners of the property.

(c) The date and time the activity or use is to be conducted.

(d) A description of the activity or use.

(e) A schematic drawing of the premises, indicating the area to be occupied for which a special use permit is required.

(f) A completed certificate of insurance with the minimum limits as established by the Village Board and on file in the Village Clerk's office. The certificate of insurance shall be endorsed to include the Village of East Aurora as an additional named insured.

(g) An indemnification agreement on the organization's letterhead, signed by the authorized applicant or officer of the company and duly notarized.

(h) The permit fee as provided for in Chapter 137, Article II, of the Village Code.

(i) A street closure request, as applicable.

(j) For any event which publicizes that money shall be raised and donated to one or more charitable organizations, such publicity shall include the percentage of the portion of the event proceeds which shall be donated, and also list the organization(s) to which the donation(s) shall be made. This information shall also be included on the temporary use permit application.

[Added 5-16-2022 by L.L. No. 7-2022]

C. Review procedure. The Village Clerk shall be responsible for the review and issuance of decision for temporary use permits.

D. Village Board action.

(1) The Village Board shall, by resolution, approve or deny any application for a temporary use permit. Such decision shall be filed with the Village Clerk and provided to the applicant with written findings.

(2) The Village Board may impose any additional terms and conditions that such Board may find necessary to promote the general health, welfare and safety of the inhabitants of the Village of East Aurora.

(3) The temporary use permit issued herein shall be revocable at the option of the Village Board in the event of any violation of this section or the terms and conditions of such permit imposed by the Village Board.

E. Public notice. The Village Clerk shall post public notice of any street closure and provide a mailed notice to all property owners affected by the closure.

F. Temporary parking. In the case of temporary off-street parking lots where there are practical difficulties or unnecessary hardships in providing sufficient parking in accordance with Article 40 of this chapter, the Village Board may modify the requirements as a condition of temporary use permit approval. Said conditions must:

(1) Describe the premises to be so used for temporary off-street parking.

(2) Prescribe alternative and/or modified surfacing, screening and lighting requirements.

(3) Prescribe the duration of the temporary period to which the special use permit shall pertain.

[Amended 5-4-2020 by L.L. No. 2-2020]

(4) Prescribe any further conditions that the Village Board deems to be necessary to protect the health, safety, and welfare of the public.