Pittsford Village City Zoning Code
PART 3
Application and Review Procedures
[1]
Editor's Note: See also the stormwater requirements in Ch. 165, Sewer, Storm, § 165-26.4.
§ 210-30.1 Applicability.
A.
Application form. Applications required under this chapter must be submitted in a form and in such numbers as outlined. The Village Clerk shall provide checklists of application submittal requirements and make those checklists available to the public. Application forms and checklists of required submittal information are available in the Village Office.
B.
Review Boards. For the purposes of this chapter, the terms "reviewing board" or "review board" shall refer to the Village board charged with review and/or approval authority as enacted under this chapter. For example, special use permit applications shall fall under the purview of the Village Board, while variance applications require ZBA review.
C.
Violations prohibited.
(1)
No applications that include a building, structure, property, or use that is in violation of this chapter, local law of the Village of Pittsford, or New York State laws, rules, and/or regulations shall be accepted or processed.
(2)
Applications which, in whole or in part, include a proposal to rectify and/or remove violations on such property may be considered by the appropriate reviewing board(s) in accordance with this chapter.
§ 210-30.2 Pre-application conference.
A.
It is recommended that applicants request a pre-application conference prior to entering the formal application review process to discuss the nature of the proposed application and to determine the best course of action for submittal.
B.
Pre-application conferences may be held upon request of an applicant with one or more of the following Village representatives:
(1)
Code Enforcement Officer;
(2)
Village Clerk;
(3)
Planning Board Chair; and
(4)
Historic Preservation Board Chair.
C.
The purpose of the pre-application conference is to provide an opportunity for a potential applicant to consult early and informally with the Village. A preapplication conference will help to build a better understanding of the proposal and property in question and establish an overall approach that respects important features to the Village while maximizing the potential of the property.
D.
In no way shall any comments or feedback provided by the Village during preapplication review be construed as an indication of decision or be legally binding in any way.
E.
Materials presented during the pre-application conference may be incomplete and/or conceptual in design; however, a formal, complete application is required to be considered for approval.
§ 210-30.3 General application procedures.
A.
Submittal.
(1)
Applications where required by this chapter shall be submitted to the Village Clerk.
(2)
Only the property owner or their agent, with legally binding and written permission of the owner, may file an application. Where there are multiple land owners, a written consent agreement among all land owners must be included within the application.
(3)
At least two hard copies and one electronic copy of the required materials shall be provided.
(4)
In order to be considered, applications must be submitted to the Village Clerk at least two weeks prior to the meeting at which the applicant wishes to be considered or such longer period of time established by the rules and procedures of the reviewing board.
(5)
Supplemental materials and amendments to applications already under review are due on Friday at least seven days prior to the meeting of the reviewing board.
B.
Acceptance and processing.
(1)
The Village Clerk shall indicate that an application is considered accepted and ready for processing only if it is submitted in the required number and form, includes all required materials, and is accompanied by the required application fee.
(2)
The acceptance of an application by the Village Clerk shall in no way be interpreted as a determination of the completeness, adequacy, or accuracy of application materials, but rather serve as an acknowledgement to the receipt of required application materials. The Village Clerk may consult with other Village departments, officials, boards, committees, or consultants in making such a determination.
(3)
If an application is determined to be inadequate, the Village Clerk must provide paper or electronic written notice to the applicant along with an explanation of all known deficiencies that will prevent competent review. No further processing will occur until the deficiencies are corrected. If the deficiencies are not corrected within 62 days, the application will be considered withdrawn.
(4)
No further processing of inadequate applications will occur; applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the next available processing cycle.
C.
Application fee. All applications shall be accompanied by the fee established by the Village Board. Failure to submit said fee shall deem an application unacceptable, regardless of the status of submittal on all other required materials. This shall also include application consultant fees as established by § 210-19.5.
D.
Applicant responsibilities. The applicant and/or their agent is expected to attend all meetings at which the application is to be discussed. In all cases, the burden is on the applicant to show that their application complies with the Pittsford Village Code and any other applicable local laws and New York State laws, rules, and regulations.
E.
Agricultural data statement.
(1)
Any application for a property that is within an agricultural district containing a farm operation or property within 500 feet of a farm operation located in an agricultural district shall include an agricultural data statement.
(2)
Upon receipt of an application containing an agricultural data statement, the Village Clerk shall mail a copy of the agricultural data statement to the owners of the land identified by the applicant in the agricultural data statement.
(3)
The applicant shall be required to reimburse the Village for such mailing upon written request.
(4)
For the purposes of this section, an "agricultural district" shall be defined as an agricultural district recognized by the New York State Agriculture and Markets Agricultural District Program.
§ 210-30.4 Review board action.
A.
Issuance of decision.
(1)
Within 62 days following the close of the public hearing, where required by this chapter and New York State Village Law, the reviewing board shall issue a decision by majority vote to approve, approve with conditions or modifications, or deny the proposed application.
(2)
Prior to issuing a decision on an accepted application, the reviewing board shall by resolution determine the application to be complete, noting any waived requirements therein.
B.
Written findings. Decisions shall contain written findings explaining the rationale for the decisions considering the standards contained in this chapter. Such decision may be amended from time to time to add additional findings of fact. A copy of the decision shall be promptly filed in the Village Clerk's Office and mailed to the applicant.
C.
Waiving application requirements. The reviewing board is authorized to waive or modify, in whole or in part, any of the application requirements if one or more of the following is determined by the review board chairperson:
(1)
Any such requirement or part thereof is found not to be requisite in the interest of the public health, safety, or general welfare;
(2)
Any such requirement is inappropriate or unrelated to the application; or
(3)
Any such requirement will not mitigate adverse impacts generated by the proposed project or will not aid in the buffering of dissimilar uses.
D.
Additional application requirements. The Board may require additional information deemed necessary for a complete and adequate review.
§ 210-30.5 Referrals.
A.
Internal referral. The reviewing board may refer any application to another Village board, committee, department, or official for review and comment. Within 45 days of referral, the receiving board or official shall submit its recommendation in writing with a summary of findings to the reviewing board.
B.
Professional referral. The reviewing board may seek the opinion of any legal, engineer, design, or other professional to aid in the review of an application in accordance with § 210-19.5 of this chapter.
C.
County referral. The Village shall refer all required materials to the Monroe County Planning Department pursuant to New York State General Municipal Law § 239-m, as amended, and in accordance with planning referral agreements between the Village and Monroe County.
§ 210-30.6 Expiration, revocation and enforcement.
A.
Expiration. With the exception of variance applications, the approval of an application shall expire if one of any of the following occur:
(1)
The approved use or uses cease operation for more than six consecutive months for any reason;
(2)
The applicant fails to obtain necessary building permits or certificates of occupancy within one year of the approval date;
(3)
The applicant fails to comply with the conditions of the application's approval within one year of the date of issuance or completion of construction, where applicable;
(4)
The applicant fails to initiate construction or operation of use within one year of the approval date;
(5)
The applicant fails to complete construction within three years of the approval date; or
(6)
The applicant fails to renew a time limited permit prior to the stated time period ending.
B.
Extensions. The reviewing board may grant an extension for any condition in Subsection A upon written request by the applicant. The applicant shall include in such request the desired time period for the extension, not to exceed one year, and the reasoning for requesting the extension.
C.
Revocation. The reviewing board may revoke approval if the applicant violates the conditions of the approval or engages in any construction or alteration not authorized by the approval.
D.
Enforcement. Any violation of the conditions of approval shall be deemed a violation of this chapter and shall be subject to enforcement action as provided herein.
§ 210-30.7 Local waterfront consistency review.
All applications considered in the LWO District shall also be subject to local waterfront consistency review as required by Chapter 121 of the Village of Pittsford Code.
§ 210-30.8 State Environmental Quality Review Act (SEQRA).
A.
SEQRA compliance. The review and approval of all applications shall comply with the provisions of SEQRA under Article 8 of the Environmental Conservation Law and its implementing regulations. Where requirements of this chapter may come in conflict with SEQRA law, the state regulations shall supersede.
B.
Type I actions. The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than unlisted actions. As provided for in Part 617 of SEQRA, the Village of Pittsford hereby establishes the following listing of actions. All agencies are subject to this Type I list.
(1)
Demolition of a structure over 400 square feet or any building deemed to be a contributing building in the National Register Historic District designation of 2015.
(2)
A change in use from a use permitted as-of-right or a preexisting nonconforming use to a specially permitted use that requires construction of new parking spaces, expansion of an existing parking lot, or allocation of existing parking on other properties to accommodate the new use.
(3)
Construction, expansion, or alteration of a nonresidential structure involving more than 4,000 square feet of gross floor area.
(4)
Construction, expansion, or reconfiguration of a parking lot involving more than 25 spaces.
(5)
Alteration of more than 0.25 acres of land, unless associated with a single-family, two-family, or three-family dwelling.
(6)
Removal, replacement, alteration, or pruning of more than 0.25 acres of trees, landscaping, or natural growth, unless associated with a single- or two-family dwelling.
(7)
Any unlisted action occurring within the corporate limits of the Village of Pittsford.
§ 210-31.1 Conducting public hearings.
A.
The reviewing board shall schedule, notice, and conduct a public hearing for applications as required by this chapter and New York State Village Law.
B.
The reviewing board may review multiple applications (e.g., subdivision and site plan review) for a single property or use concurrently and may conduct concurrent or joint public hearings, if desired.
C.
Within 62 days from the receipt of a complete application, the reviewing board must convene a public hearing on the application in question where required by this chapter and New York State Village Law.
§ 210-31.2 Public notice required.
[Amended 1-26-2023 by L.L. No. 1-2023; 1-28-2025 by L.L. No. 1-2025]
A.
Unless otherwise required by New York State Village Law, all public notices shall be made at least five days prior to the date of the scheduled public hearing.
B.
Public notice shall include mailed notices, media notices, and posted notices as required by New York State Village Law.
§ 210-31.3 Mailed notices.
Where required by this chapter, New York State General Municipal Law, or New York State Village Law, the Village Clerk shall provide public notice to the following by mail:
A.
Owners and tenants of all real property as shown on the current tax map, located within 300 feet of the property that is the subject of the hearing.
B.
The Clerks of adjoining municipalities whose boundaries are located within 500 feet of the property that is the subject of the hearing.
C.
The Monroe County Clerk where the hearing concerns property adjacent to an existing county road or proposed road shown on the official county map, adjoining other county land, or situated within 500 feet of a municipal boundary.
§ 210-31.4 Media notices.
The Village Clerk shall cause for public notice to be posted to the following media sources:
A.
The official newspaper of the Village; and
B.
The official website of the Village.
§ 210-31.5 Posted notices.
A.
The Village Clerk shall post a public notice in a location plainly visible within the Village Office.
B.
The applicant shall obtain a sign of public notice from the Village and ensure its placement on the property in question in a manner that is plainly visible to passersby. Upon close of the public hearing, the applicant shall return the sign to the Village Office.
§ 210-31.6 Public notice expenses.
An applicant shall be required to reimburse the Village for the publication, mailing and posting of a public notice upon written request. If said fee is not received within 62 days of the request, the application shall be considered withdrawn and any decision rendered shall be null and void.
§ 210-31.7 Public notice content.
The content of all public notices, except notices posted on the property by a Village commissioned sign, shall:
A.
Indicate the date, time, and place of the public hearing or date of action that is the subject of the notice;
B.
Describe any property involved in the application by street address or general description;
C.
Describe the general nature, scope, and purpose of the application or proposal; and
D.
Indicate where additional information on the matter can be obtained.
§ 210-32.1 Building permits.
A.
Building permit required.
(1)
No person, firm or corporation shall commence the erection, enlargement, alteration, improvement, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, or perform any other work for which a building permit is required by the New York State Uniform Code without first obtaining a separate building permit from the Building Inspector for each such building or structure.
(2)
No building permit shall be required for the performance of ordinary repairs which are not structural in nature or any other activity for which a building permit is not required by the New York State Uniform Code.
B.
Expiration of permit.
(1)
All work for which such a building permit has been issued shall be fully completed within one year from the date of the issuance of the permit therefor and each permit shall expire one year from the date of its issuance.
(2)
The Building Inspector, in consultation with the Village Board, may extend the period within which the work may be completed and the duration of the permits therefor upon written request of the permit holder. The permit holder shall identify the requested time period of such extension, not to exceed one year, and the reasoning for the extension.
C.
Revocation. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances:
(1)
Where the Building Inspector finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the building permit was based.
(2)
Where the Building Inspector finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications.
(3)
Where the permittee fails or refuses to comply with the stop order issued by the Building Inspector or other Village authority.
D.
Licensed professional review.
(1)
In connection with the work for which a building permit is required for any structure, no building permit shall be issued unless the seal and signature of a duly licensed architect or professional engineer is provided on the plans and specifications on file in the Village Office, where such is required by New York State law, rules, and regulations.
(2)
As required by the Building Inspector, it shall be the responsibility of said architect or professional engineer or his designated representative to make periodic visits to the construction site to familiarize himself with the progress and quality of the construction and to determine, in general, if the construction is proceeding in accordance with the drawings, specifications and plans which have been submitted to the Village and constitute a basis for the issuance of the building permit.
(3)
As required by the Building Inspector, said architect or professional engineer shall file reports with the Village Clerk at regular intervals indicating the times of such visits and the status of the construction and shall, in particular, contain notice to the Clerk of any defects or discrepancies affecting structural, fire, health or safety which said architect or professional engineer may observe. It is understood that any such defects or discrepancies shall be corrected by the permittee, and the architect or professional engineer shall advise the Village Clerk when such discrepancies have been corrected.
§ 210-32.2 Certificates of occupancy.
A.
No building or land shall be used or changed in use wholly or in part nor shall any land be used or occupied until a certificate of occupancy has been issued by the Building Inspector.
B.
For all instances in which a certificate of occupancy is required and construction has occurred, other than in residential districts, no certificate of occupancy shall be issued unless there shall be filed with the Village Clerk an affidavit of a registered architect and/or licensed professional engineer who filed the original plans and/or specifications or of the registered architect or licensed professional engineer who supervised the construction of the work or the superintendent of construction who supervised the work and who, by reason of experience, is qualified to superintend the work for which the certificate is sought.
C.
The aforementioned affidavit shall state that the professional has examined the approved plans and specifications of the structure for which the certificate of occupancy is sought and that the structure has been erected in accordance with the approved plans and specifications and, as erected, complies with the provisions of the New York State Uniform Fire Prevention and Building Code and all other laws governing building construction in the Village of Pittsford.
§ 210-32.3 Certificate of zoning compliance.
A.
Certificate of zoning compliance required. A certificate of zoning compliance shall be required for the following:
(1)
Any action requiring the issuance of a building permit;
(2)
Any change in the use or occupancy of any land or structure; and
(3)
Any action subject to review and approval under this chapter.
B.
Issuance of certificate. The CEO shall be responsible for the issuance of a certificate of zoning compliance. No certificate shall be issued until the CEO has verified that the action is in full compliance with this chapter and any other applicable laws, codes, rules and regulations of the Village of Pittsford and New York State. The CEO shall specify the nature of compliance on the certificate and make note of any approvals obtained as required by this chapter.
C.
Expiration of certificate. A certificate of zoning compliance shall expire six months after the date of issuance unless a building permit is obtained and/or occupancy has commenced. In the case where a building permit is not required, work must commence within six months from the date of issuance.
D.
Voided certificate. Any certificate of zoning compliance issued in conflict with the provisions of this chapter shall be null and void.
E.
Revocation. The CEO may revoke a certificate of zoning compliance in the following instances:
(1)
Where the CEO finds that there has been any false statement or misrepresentation as to a material fact in the application, plans or specifications on which the action was based.
(2)
Where the CEO finds that the use or action authorized by the permit is in violation of this chapter and any other applicable laws, codes, rules, and regulations of the Village of Pittsford and New York State.
§ 210-32.4 Stop-work orders.
A.
Whenever the Building Inspector or CEO has reasonable grounds to believe that work on any building, structure, or premises, irrespective of the zoning area, is being prosecuted in violation of the provisions of the Village Code, building codes, ordinances, rules or regulations, or not in conformity with the provisions of an application, plans, or specifications on the basis of which a building permit was issued or in an unsafe and dangerous manner, notification shall be given to the owner of the property or the owner's agent to suspend all work. The Building Inspector, CEO, Village Clerk, and Mayor are authorized to provide such notification.
B.
Any person, corporation, or agency issued a stop-work order shall forthwith stop such work and suspend all building activities until the stop order has been rescinded.
C.
The order and notice shall be in writing and shall state the conditions under which the work may be resumed.
D.
The order and notice may be served upon a person or corporation to which it is directed whether by delivering it personally or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by registered mail to the permittee or their designee.
§ 210-32.5 Right of entry.
A.
In the course of performing the duties of the Building Inspector, or other authorized Village official that requires access to a building or the premises thereof, the official shall show the proper credentials and request permission to enter said building or premises.
B.
If allowed, the official shall conduct the required inspection.
C.
If denied access, the official shall follow the legal procedure for obtaining a warrant to enter the building and/or premises. If the situation warrants, the official shall request law enforcement assistance in gaining the required access.
§ 210-33.1 Applicability.
A.
Certificate required. A certificate of appropriateness is required as provided for in Chapter 112 of the Village of Pittsford Code.
B.
Building and demolition permits. No building permit or demolition permit shall be issued prior to certificate of appropriateness approval. Demolition or partial demolition may be permitted only after the replacement exterior architectural feature or building or structure has been approved.
§ 210-33.2 Coordination of reviews.
A.
Additional development review applications, such as a special use permit or site plan, may be processed concurrently to a certificate of appropriateness application as provided for in Chapter 112 of the Village of Pittsford Code.
B.
Duplicate application materials may be combined to satisfy submittal requirements.
C.
Approval of an application under this chapter issued prior to the decision of the HPB shall be contingent upon the subsequent approval of the certificate of appropriateness by the HPB. In the event that the HPB denies a certificate of appropriateness, the prior review board approval decision shall be null and void.
§ 210-34.1 Purpose and applicability.
A.
Purpose. The physical form of the Village of Pittsford contributes to its aesthetic character, charm, quality of life, function, economic vitality, and historic integrity. The intent of the site plan review process is to provide for the following:
(1)
Preservation and enhancement the physical form of the Village;
(2)
Achievement of compatibility with adjacent development;
(3)
Mitigation of potentially negative impacts on traffic, parking, drainage and similar environmental concerns;
(4)
Improvement of the overall visual and aesthetic quality of the Village;
(5)
Increased capability of the Zoning Code to adapt to a variety of unique circumstances; and
(6)
Maintenance of the health, safety, and general welfare of the community.
B.
Applicability. No building permit may be issued, or site improvement work commence, until minor or major site plan approval has been granted by the Planning Board. Site plan review applications shall be submitted, processed, and reviewed in accordance with Article 30 of this chapter.
C.
Exempt actions. The following actions are exempt from site plan review:
(1)
Ordinary repair or maintenance to existing buildings occupied by a permitted or specially permitted use. This shall include interior alterations that do not add to the footprint, height, or floor area of the building
(2)
Developing, expanding, altering, or demolishing decks, patios, porches, or roof overhang of a single- or two-family dwelling.
(3)
Ordinary repair, maintenance, or replacement in kind of landscaping, fencing, exterior lighting, decks, patios, or porches that are in conformance with the regulations of this chapter or a previously approved site plan.
(4)
Installation, maintenance, or replacement of a permitted building-mounted sign in an approved location.
(5)
Developing, expanding, altering, or demolishing a single-family dwelling not exceeding 400 square feet in gross floor area and one story in height.
D.
Pre-application conference. Applicants are encouraged to request a pre-application conference prior to submitting a site plan application.
§ 210-34.2 Minor site plan review.
A.
Minor actions. Minor site plan review shall be required for:
(1)
Minor subdivisions, subject to the requirements of Chapter 178.
(2)
Developing, expanding, altering, or demolishing a building not exceeding 400 square feet in gross floor area and one story in height.
(3)
Developing, expanding, or altering a building occupied by a residential use, except for multifamily dwellings.
(4)
Developing, expanding, altering, or demolishing decks, patios, porches, roof overhang, or outdoor seating areas of a nonresidential use or multifamily dwelling.
(5)
Siting, planting, erecting, or reconfiguring landscaping, fencing, screening, or walkways in association with a nonresidential use or multifamily dwelling.
(6)
Replacing external lighting fixtures or elements in association with a nonresidential use or multifamily dwelling.
(7)
Constructing a driveway where the existing curb cut is altered or a new curb cut is proposed.
(8)
Siting, paving, altering, reconfiguring, or removing off-street parking areas of 10 spaces or less.
(9)
Siting, erecting, reconfiguring, or removing mechanical equipment, such as generators or HVAC systems.
(10)
The construction of an accessory structure in a nonresidential district.
(11)
The construction of a fence, screening, berm, patio, or deck in a nonresidential district.
B.
Planning Board procedure. Minor site plans shall be subject to review and approval by the Planning Board as provided herein.
(1)
Upon approval, the Planning Board Chair shall endorse its approval via signature on a copy of the site plan. For conditionally approved plans, the Planning Board Chair shall endorse its approval only after adequate demonstration to the Planning Board that all conditions have been met.
(2)
A copy of the decision and site plan shall be filed with the Village Clerk and mailed to the applicant.
C.
Public hearing. A public hearing shall be required for a minor site plan.
D.
Minor application materials. A minor site plan application shall include the following materials, as applicable.
(1)
Application form, including the name, address, and signature of the applicant, property owner, and developer.
(2)
Description or narrative of all proposed uses and structures.
(3)
A certified land survey.
(4)
A site plan showing the following:
(a)
The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 100 feet of the property in question.
(b)
The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.
(c)
The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d)
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.
(e)
The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths.
(f)
The location of all new or modified downspouts or stormwater drainage plans and systems.
(g)
Exterior building elevations (existing and proposed) showing all sides exposed to view and showing the location and size of all windows, doors, trim, architectural details and indicating the type of all exterior materials to be used for the proposed structure.
(h)
The location, height, intensity, cutsheets, bulb type, and light color of all exterior lighting fixtures. Such fixtures shall be subject to the requirements of Chapter 117 of the Village Code.
(i)
The location, height, size, material, and design of all existing and proposed signs.
(5)
Plans for disposal of construction and demolition waste, either on-site or at an approved disposal facility.
(6)
Plans to prevent the pollution of surface or ground water, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(7)
All New York State SEQR documentation as required by law.
(8)
The application fee and any consultant fees as determined by § 210-19.5.
(9)
Such other, further, and additional information or materials as deemed necessary by the reviewing board.
§ 210-34.3 Major site plan review.
A.
Major actions. Major site plan review shall be required for:
(1)
Major subdivisions, subject to the requirements of Chapter 178.
(2)
Developing, expanding, altering, or demolishing a building exceeding 400 square feet in gross floor area or one story in height; or adding to the interior or exterior floor area of such building.
(3)
Developing, expanding, or altering a multifamily dwelling.
(4)
Siting, paving, altering, reconfiguring, or removing off-street parking areas of more than 10 spaces.
(5)
Siting, erecting, or relocating telecommunications towers or equipment.
(6)
Installing or altering a stormwater drainage system in association with a nonresidential use or multifamily dwelling.
(7)
Creating, expanding, or otherwise altering the size or depth of a pond as regulated in Part 2 of this chapter.
(8)
Establishing, erecting, expanding or otherwise altering the extent of a public park or playground as regulated in Part 2 of this chapter.
(9)
Minor site plan review actions resulting in the erection, alteration, relocation, or removal of public or private utility infrastructure.
(10)
The installation, replacement, or altering of exterior lighting in a nonresidential district, except where such lighting is decorative in nature and not intended to illuminate site features.
B.
Planning Board procedure. Major site plans shall be subject to review and approval by the Planning Board as provided herein.
(1)
Upon approval, the Planning Board Chair shall endorse its approval via signature on a copy of the site plan. For conditionally approved plans, the Planning Board Chair shall endorse its approval only after adequate demonstration to the Planning Board that all conditions have been met.
(2)
A copy of the decision and site plan shall be filed with the Village Clerk and mailed to the applicant.
C.
Public hearing required. A public hearing shall be held by the Planning Board prior to issuing a decision on any major site plan application.
D.
Major application materials. An application for major site plan review shall include the following materials, as applicable. A licensed professional engineer or registered land surveyor shall prepare all site plan materials unless otherwise approved by the Planning Board.
(1)
Application form, including the name, address, and signature of the applicant, property owner, and developer, and seal(s) of the engineer, architect, or landscape architect who prepared the site plan materials.
(2)
Description or narrative of all proposed uses and structures, including but not limited to hours of operation, peak number of employees, maximum seat capacity, and proposed number of off-street vehicle and bicycle parking spaces.
(3)
A site plan drawn at a scale of 1/4 inch equals one foot or such other scale as the Planning Board may deem appropriate, on standard twenty-four-inch by thirty-six-inch sheets, with continuation on 8 1/2 inch by eleven-inch sheets as necessary for written information.
(4)
A certified land survey.
(5)
Plans indicating the following with regard to the property in question, where applicable.
(a)
The location of all properties, their ownership, uses thereon, subdivisions, streets, easements, and adjacent buildings within 100 feet of the property in question.
(b)
The location and use of all existing and proposed structures on the property in question, including all dimensions of height and floor area, exterior entrances, and anticipated future additions and alterations.
(c)
The location of all existing and proposed topography features, including, but not limited to, site grading, open spaces, woodlands, watercourses, steep slopes, wetlands, floodplains, and watersheds.
(d)
The location of existing and proposed landscaping, screening, walls, and fences, including information regarding the size and type of plants and building materials proposed.
(e)
The location of existing and proposed public and private streets, off-street parking areas, loading areas, driveways, sidewalks, ramps, curbs, and paths. Such plans shall include considerations for vehicular, pedestrian, and bicycle traffic circulation, parking, and access.
(f)
A waste and trash management plan including the proposed location, appearance, and operation of dumpsters or other trash receptacles.
(g)
The location, height, intensity, cutsheets, bulb type, and light color of all exterior lighting fixtures. Such fixtures shall be subject to the requirements of Chapter 117 of the Village Code.
(h)
The location, height, size, material, and design of all existing and proposed signs.
(i)
The location of existing and proposed utility systems including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage, including the location of all new or modified downspouts or stormwater systems.
(j)
The configuration of a system for stormwater drainage using the following design levels for stormwater engineering:
[1]
A basin of 20 square miles for 100-year frequencies.
[2]
A basin of four to 20 square miles for fifty-year frequencies.
[3]
A basin of one to four square miles for twenty-five-year frequencies.
[4]
A basin of under one square mile for ten-year frequencies.
[5]
Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales, subject to the requirements of Chapter 175 of the Village Code.
(6)
Elevations at a scale of 1/4 inch equals one foot for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color or materials to be used.
(7)
Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable.
(8)
Plans for disposal of construction and demolition waste.
(9)
Soil logs, test well, percolation test results, and/or stormwater runoff calculations.
(10)
Natural resource inventories and/or tree surveys.
(11)
A detailed traffic study, upon request of the Planning Board, to include:
(a)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
(b)
The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
(c)
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels and road capacity levels shall also be given.
(12)
A schedule for completion of each construction phase for buildings, parking, and landscaped areas.
(13)
Identification of any state or county permits required for the project and record of application for and approval status of such permits.
(14)
All New York State SEQR documentation as required by law.
(15)
The application fee and any consultant fees as determined by § 210-19.5.
(16)
Such other, further, and additional information or materials as deemed necessary by the reviewing board.
§ 210-34.4 Coordination of reviews.
A.
Special use permits.
(1)
Where a special use permit is also required for a proposed site plan, the application requirements of Article 35 shall also apply. Duplicate application materials may be combined to satisfy submittal requirements.
(2)
The applications may be considered concurrently; however, the Planning Board shall issue the site plan review decision and special use permit recommendation separately.
(3)
Site plan review approval shall be contingent upon the review and approval of the 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.
B.
Certificates of appropriateness. Where a site plan application also requires a certificate of appropriateness, site plan approval shall be contingent upon the issuance of such certificate by the HPB. In the event that the certificate of appropriateness is denied, the site plan decision shall be null and void.
C.
Variances. Where a proposed site plan application requires a variance, a referral should be made to the ZBA for an advisory opinion on the appropriateness of such variance and potential amendments to the site plan.
D.
Subdivision. A subdivision application may be submitted in conjunction with a site plan application and processed concurrently. All subdivision applications related to a site plan must comply with Chapter 178 of the Village of Pittsford Code and shall be reviewed as outlined therein.
§ 210-34.5 Site plan review considerations.
The Planning Board shall consider the following when reviewing a major or minor site plan 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.
Adequacy and arrangement of vehicular traffic and circulation, including intersections, road widths, traffic controls, traffic-calming measures, and accessibility to fire and emergency vehicles.
D.
Adequacy and arrangement of pedestrian and bicyclist access and circulation, including separation from vehicular traffic and connections provided internally and externally to the site.
E.
Compatibility of proposed uses to adjacent uses, considering building orientation, site design, and transitional treatments.
F.
Adequacy of off-street parking, loading, and access management provisions, as provided for by Article 25 of this chapter.
G.
Adequacy of landscaping and screening provisions, as provided for by Article 26 of this chapter.
H.
Location, arrangement, size, and design of proposed on-site signage and other incidental building or site amenities.
I.
Adequacy of proposed outdoor lighting to address safety concerns and prevent light trespass onto adjacent properties; and compliance with the outdoor lighting provisions of this chapter.
J.
Adequacy of existing and/or proposed stormwater, drainage, and erosion management plans. Adequate stormwater drainage shall be provided and shall be based on a ten-year rainfall frequency for interior drainage design. A project shall be in or part of a drainage district.
K.
Adequacy of existing and/or proposed water and sanitary sewer systems.
L.
Adequacy of proposed waste and trash management plan.
M.
Adequacy of snow storage and/or a proposed snow removal plan.
N.
Whether or not the proposal with adversely affect the health, safety, or general welfare of adjacent property owners and the community.
§ 210-34.6 Conditions and amendments.
A.
The Planning Board may impose conditions on or require modifications of a site plan as necessary to satisfy the application review criteria to the greatest extent practicable.
B.
Any conditions or modifications included as part of approval shall be expressly set forth in the written resolution approving the site plan.
C.
Proposed amendments or revisions to an approved site plan shall be subject to review and approval in accordance with this article. The issuance of a new, updated site plan shall be required.
§ 210-35.1 Applicability.
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.
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 30 of this chapter.
§ 210-35.2 Review procedure.
A.
Village Board decision. The Village Board shall hear and decide all applications for special use permits.
B.
Public hearing required. A public hearing shall be held by the Village Board prior to issuing a decision on any special use permit application.
C.
Site plan review. Where a special use permit application also requires site plan review, the special use permit application shall be reviewed first. Upon approval of a special use permit, the Planning Board shall conduct site plan review in accordance with Article 34.
§ 210-35.3 Application requirements.
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.
G.
The application fee and any consultant fees as determined by § 210-19.5.
§ 210-35.4 Special use permit considerations.
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.
§ 210-35.5 Conditions and amendments.
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.
§ 210-36.1 Applicability.
A.
Approval required. Prior to the establishment of a Planned Development (PD) District in accordance with Article 28 of this chapter, a PD District application shall be submitted, reviewed, and approved in accordance with Article 30 of this chapter.
B.
Pre-application conference. A pre-application conference per § 210-30.2 is strongly encouraged prior to submitting a PD District application.
§ 210-36.2 Review procedure.
A.
Planning Board review and recommendation.
(1)
The Planning Board shall conduct a review of the PD District application, site plan, and its related documents and provide a recommendation of decision to the Village Board.
(2)
The Planning Board shall review the site plan in accordance with Article 34 of this chapter and as provided herein. Duplicate application materials for site plan review and a PD District may be combined to satisfy submittal requirements.
(3)
The Planning Board shall issue decisions for each action (site plan review and PD District recommendation) separately. Approval of a site plan shall be contingent upon the applicant receiving PD District approval by the Village Board.
(4)
The PD District recommendation to the Village Board must be made in writing and detail the findings of the Planning Board as it relates to the application and the requirements of this article and chapter. A copy of recommendation shall be filed in the Village Clerk's office and mailed to the applicant.
B.
Historic Preservation Board review and recommendation.
(1)
The HPB shall conduct a review of the PD District application, site plan, and its related documents and provide a recommendation of decision to the Village Board.
(2)
Where the issuance of a certificate of appropriateness is required for a PD District, the HPB shall conduct said review in accordance with Article 35 and as provided herein.
(3)
The HPB shall issue decisions for each action (certificate of appropriateness and PD District recommendation) separately. Approval of a certificate of appropriateness shall be contingent upon the applicant receiving PD District approval by the Village Board.
(4)
The PD District recommendation to the Village Board must be made in writing and detail the findings of the HPB as it relates to the application and the requirements of this article and Chapter. A copy of recommendation shall be filed in the Village Clerk's office and mailed to the applicant.
C.
Subdivision. A subdivision application may be submitted in conjunction with a PD District application and processed concurrently. All subdivision applications related to a PD must comply with Chapter 178 of the Village of Pittsford Code and shall be reviewed as outlined therein. If the requirements of this chapter are found to be in conflict with that of Chapter 178, the requirements of this chapter shall take precedence.
D.
Village Board review and decision.
(1)
Upon receipt of a recommendation from the Planning Board and HPB, the Village Board shall consider such PD District application as a rezoning provided by Article 37 of this chapter.
(2)
As required by New York State Village Law, the Village Board shall hold a public hearing as part of its review. Such hearing shall be duly noticed and conducted.
(3)
Prior to issuing a decision, the Village Board shall ensure all SEQR documentation is complete. When acting as lead agency, the Village Board shall also provide an official declaration as required under SEQRA.
(4)
The Village Board final action shall be the approval, approval with modifications or conditions, or denial of the PD District application and site plan.
(5)
If the Village Board approves the application and site plan, the Zoning Map and text shall so be amended.
§ 210-36.3 Application requirements.
The following shall be required of all PD District applications:
A.
Application form, including the name, address, and signature of the applicant, property owner, and developer, and seal(s) of the engineer, architect, or landscape architect who prepared the development plan materials;
B.
Maps and plans drawn at a scale of 40 feet to the inch or such other scale as the reviewing board may deem appropriate, on standard twenty-four-inch by thirty-six-inch sheets, with continuation on 8 1/2-inch by eleven-inch sheets as necessary for written information;
C.
Certified land survey showing the boundaries of the property under consideration in its current state plotted to scale with the North point, scale, and date clearly indicated, or other document deemed acceptable by the reviewing board;
D.
Location of all existing properties, their ownership, and uses thereon, subdivisions, streets, easements, and adjacent buildings both on site and within 300 feet of the property in question;
E.
Description or narrative of the proposed land use plan indicating the location, number, and types of uses to be included in the PD District area;
F.
Development plan indicating the proposed location and design of the following:
(1)
All public and private streets, off-street parking areas, loading areas, driveways, sidewalks, crosswalks, ramps, curbs, and paths;
(2)
All structures and their proposed uses, including all dimensions of height and floor area, exterior entrances, and anticipated future phases, additions, or alterations;
(3)
All parks, playgrounds, recreational structures and facilities, open spaces, common property;
(4)
All methods of waste disposal;
(5)
All areas of outdoor storage;
(6)
All signs, fences, retaining walls, and other minor site improvements; and
(7)
All fire and emergency zones, including fire hydrants.
G.
Grading plan with contour intervals of not more than five feet of elevation indicating all existing and proposed topographic features, including but not limited to areas of the site where grades exceed 3%; portions of the site with a moderate to high susceptibility to erosion, flooding or ponding; and proposed site grading;
H.
Site plan of principal environmental characteristics, including the location of trees, natural areas, open spaces, streams, floodplains, wetlands, watersheds, and rock outcroppings. For large or environmentally intrusive developments, the reviewing board may require soil logs, test well, percolation test results, stormwater runoff calculations, and tree surveys;
I.
Landscaping plan and planting schedule indicating the location and type of proposed natural plantings, including but not limited to trees, shrubs, perennials, and grasses;
J.
Utility plan indicating the location of existing and proposed utility systems including sewage or septic, water supply, telephone, cable, electric, and stormwater drainage. Stormwater drainage systems shall include existing and proposed drain lines, culverts, catch basins, headwalls, endwalls, hydrants, manholes, and drainage swales;
K.
Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive runoff, excessive raising or lowering of the water table, and flooding of other properties, as applicable;
L.
Lighting plan indicating the location, height, intensity, and bulb type (LED, incandescent, etc.) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must be shown;
M.
Elevations at a scale of one square inch equals one foot, for all exterior facades of the proposed structure(s) and/or alterations to or expansions of existing facades, showing design features and indicating the type and color or materials to be used;
N.
Detailed traffic study when requested by the reviewing board, including:
(1)
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
(2)
The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site;
(3)
The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels and road capacity levels shall also be given.
O.
Analysis of the relationship of the site to the surrounding community, including principal ties to transportation, circulation, water supply, sewage disposal, adjacent neighborhoods, and other pertinent public utilities;
P.
General description of any anticipated community facility needs such as schools, fire protection, and cultural facilities, and some indication of how these needs are to be accomplished;
Q.
A schedule for completion of each construction phase for buildings, parking, and landscaped areas;
R.
All New York State SEQR documentation as required by law; and
S.
The application fee and any consultant fees as determined by § 210-19.5.
§ 210-36.4 Approval not guaranteed.
The fact that an application complies with all of the specific requirements set forth herein shall not be deemed to indicate the proposed development would result in a more efficient and desirable development than could be accomplished by the use of conventional zoning categories or than would result in compatibility with the surrounding development; nor shall such compliance, by itself, be sufficient to require the approval of the site plan or the granting of the zoning amendment to create a PD District.
§ 210-37.1 Authority to file.
Amendments to the zoning text or Zoning Map (rezonings) may be initiated by the Village Board or by recommendation of the Planning Board or petition presented to the Village Board. Zoning map amendment petitions shall be duly signed by the owners of at least 50% of the frontage of the parcels included within the area proposed to be rezoned. Rezoning petitions may be filed by the owner or by the owner's authorized agent.
§ 210-37.2 Notice of hearing.
Notice of required public hearings on zoning text and map amendments must be provided as required by the Village Board and by state law (see Article 31 of this chapter for additional information on public hearing notices).
§ 210-37.3 Village Board review.
A.
If receiving a report or recommendation by the Planning Board or petition, the Village Board must deny the proposed amendment or convene a public hearing on the proposed amendment.
B.
Following the public hearing, the Village Board may act to approve, approve with modifications, or deny the proposed amendment. The Village Board may also return the application to the Planning Board for further consideration.
C.
The Village Board may act by a simple majority vote. If a protest against a proposed amendment, supplement or change is presented to the Village Board, duly signed and acknowledged by the owners of 20% or more of the area of the land included in such proposed change or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members of the Village Board.
D.
The Village Clerk shall notify, by mail, the petitioner of the action taken by the Village Board.
E.
If the Village Board approves the amendment, supplement, change, or modification to the text of this chapter or official Zoning Map, the text and/or map shall be amended after publication as required by New York State General Municipal Law.
F.
The Village Board may, in order to protect the public health, safety, welfare and environmental quality of the community, attach to its resolution approving the petition additional conditions deemed necessary to achieve the review criteria.
§ 210-37.4 Review criteria.
In reviewing and making decisions on zoning amendments the Planning Board and Village Board must consider at least the following criteria:
A.
Whether the proposed zoning amendment corrects an error or inconsistency in the zoning law or meets the challenge of a changing condition;
B.
Whether the proposed amendment is in substantial conformance with the adopted plans and policies of the Village including the Pittsford Village Comprehensive Plan;
C.
Whether the proposed zoning amendment is in the best interests of the municipality as a whole;
D.
Whether public facilities (infrastructure) and services will be adequate to serve development allowed by the requested rezoning, if applicable;
E.
Whether the rezoning will substantially harm the public health, safety, or general welfare or the value of nearby properties, if applicable;
F.
Whether the rezoning is compatible with the zoning and use of nearby properties, if applicable;
G.
The suitability of the subject property for the uses and development to which it has been restricted under the existing zoning regulations, if applicable; and
H.
The gain, if any, to the public health, safety and general welfare due to denial of the application, as compared to the hardship imposed upon the landowner, if any, as a result of denial of the application.
§ 210-37.5 Referrals.
A.
Planning Board referral. The Village Board shall refer rezoning applications to the Planning Board for review and recommendation as provided herein.
(1)
Within 30 days of referral by the Village Board, the Planning Board shall prepare a report that evaluates the proposed amendment in light of the Village Comprehensive Plan, Local Waterfront Revitalization Plan, other adopted plans, the relevant provisions of this chapter, and the review criteria of this article.
(2)
The Planning Board's report shall be provided to the Village Board as a written summary of findings with a recommendation by resolution to approve, approve with conditions or modifications, or deny the rezoning request.
B.
County referral. In accordance with § 239-m of New York State General Municipal Law, zoning text and map amendments must be forwarded to the Monroe County Planning Department for review prior to the public hearing and final action by the Village Board.
C.
Municipal referrals. If any proposed amendment consists of a change in the district classification applying to real property within 500 feet of a municipal boundary, the Village Clerk shall serve notice of the proposed amendment to the chief elected official of the affected municipality, prior to the public hearing and final action.
§ 210-38.1 New York State Village Law applicability.
The rules, regulations, and procedures of New York State Village Law §§ 7-712, 7-712-a, and 7-712-b (Zoning Board of Appeals) shall apply to all applications for variances, appeals, and interpretations considered under this chapter.
§ 210-39.1 Applicability.
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.
§ 210-39.2 Review procedure.
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.
§ 210-39.3 Application requirements.
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.
G.
A narrative describing how the proposed use will satisfy the temporary use permit considerations (§ 210-39.4).
H.
The application fee as determined by the Village Board and any consultant fees as determined by § 210-19.5 of this chapter.
§ 210-39.4 Temporary use permit considerations.
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.
§ 210-39.5 Decision.
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.