Pittsford Town City Zoning Code
ARTICLE XXV
Special Use Permits
§ 185-170 Authorization.
The Planning Board and the Zoning Board of Appeals each have the authority to grant special use permits, but such authority is limited to those uses this chapter specifies shall be reviewed by each board. Where not specified in this chapter, the Zoning Board of Appeals shall have the authority to grant the special use permit.
§ 185-171 Application.
All applications for special use permits shall be made by the owner or the owner's agent and filed with the secretary of the appropriate board in accordance with such board's approved submission schedule. No application shall be accepted, considered or scheduled for public hearing until all required materials have been deemed to be complete and accurate. The application shall include the following:
A.
A diagram or plan showing the dimensions of the lot on which the proposed use, structure or alteration is proposed, its location on the lot, all structures on the lot, lot dimensions, setbacks, parking and ingress and egress.
B.
A locational drawing.
C.
A plan showing the intended use, structure or alteration.
D.
A description of the proposed use and its operation.
E.
A list of all property owners (and addresses) of each parcel of property within 500 feet and/or affected property owners.
F.
The required application fee as specified by resolution of the Town Board.
G.
An environmental assessment form (EAF).
H.
Such additional maps, plans and specifications or other information as may be required by the applicable board.
§ 185-172 Notice.
The Town will place a legal notice in the proper newspaper, advertising the applicant's name, the property location, the special use permit requested and the time and place for a public hearing.
§ 185-173 Public hearing.
Before acting upon any application for a special use permit, the appropriate board shall hold a public hearing thereon.
§ 185-174 Determination of impact.
In passing upon each application, the appropriate board shall determine whether the proposed use would endanger or tend to endanger the public health, safety, morals or the general welfare of the community. The appropriate board may consult with any other Town board, commission, department, agency and/or official it deems advisable. It may also engage the services of engineers, planners or other professionals to aid in the review process. All costs incurred by the board for such professional services shall be reimbursed to the Town by the applicant. In making such determination, it shall consider the following:
A.
Whether the proposed use will 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 in or conducted in connection with it and the size of the site with respect to streets giving access to it.
B.
Whether the proposed use will tend to depreciate the value of adjacent property, taking into account the possibility of screening or other protective measures.
C.
Whether the proposed use will be detrimental to the flow of traffic in the vicinity or otherwise create a traffic hazard.
D.
Whether the proposed use will create fire or other safety hazards.
E.
Whether the size and use of the proposed facility, alone or in combination with similar facilities in the area, will be so substantially out of proportion with the character of nearby residential neighborhoods as to jeopardize the continued use of the neighborhoods for residential purposes.
F.
Whether the proposed use or operation will produce or present substantial danger of excessive noise, noxious odors, noxious or harmful discharge, fire or explosion, radiation, chemical or toxic release or other conditions injurious to the health or general welfare of occupants of the surrounding area.
G.
Whether the location and size of the use, the size of the site in relation to the use, the operations in connection with the use and the parking and traffic related to the operations will be such as to create a significant hazard to the safety and general welfare of the surrounding area.
H.
Whether the proposed use will be detrimental to neighboring property or alter the essential character of the neighborhood.
I.
Whether the proposed use complies with the State Environmental Quality Review Act (SEQRA).
§ 185-175 Decision.
If the board determines that the proposed use would endanger or tend to endanger the public health, safety, morals or general welfare of the community, it shall deny the application; otherwise, it may grant a special use permit, provided that the proposed use, construction or alteration complies with the provisions of this chapter. The secretary of the board shall notify the applicant of the decision, and if a special use permit be granted, the secretary of the board shall issue and deliver the same to the applicant.
§ 185-176 Conditions on permit.
In granting a special use permit, the board may impose reasonable conditions in order to mitigate any adverse effects of the proposed use. If the board finds such adverse effects cannot be adequately mitigated, then the board shall deny the special use permit.
§ 185-177 Burden of proof.
With the exception of schools and places of worship, the applicant shall have the burden of proving that the proposed use, construction or alteration will not endanger the public health, safety, morals or general welfare of the community given all relevant considerations. Under New York decisional law, there is a rebuttable presumption that schools and places of worship are in furtherance of the public health, safety, morals and general welfare of the community, and the burden of proof is on those who seek to rebut that presumption.
§ 185-178 Permit required for expansions or additions.
A special use permit is required not only for the original establishment of a specially permitted use but also for any expansions or additions thereto.
§ 185-179 Revocation of special use permit.
Once granted, a special use permit may be revoked if, after notice and public hearing, the board which granted it determines that the conditions and restrictions imposed upon the permit have been violated or not fulfilled.