The Planning Board is hereby authorized, pursuant to § 7-725-b
of the Village Law, to review and approve, approve with conditions,
or disapprove applications for a special use permit within the Village
as designated pursuant to and in accordance with the standards and
procedures set forth in this chapter.
Notwithstanding any provision of law to the contrary, where
a proposed special use permit contains one or more features which
do not comply with the zoning regulations, application may be made
to the Zoning Board of Appeals for an area variance pursuant to § 7-712-b
of the Village Law, without the necessity of a decision or determination
of an administrative official charged with the enforcement of this
chapter.
The Planning Board shall conduct a public hearing on the special
use permit application within 62 days of the receipt of a complete
application for a special use permit and shall be advertised in the
Village's official newspaper.
Prior to rendering a decision on the special use permit, the
Planning Board shall comply with the provisions of the State Environmental
Quality Review Act under Article 8 of the Environmental Conservation
Law and its implementing regulations as codified in 6 NYCRR 617.
The Village of Victor Planning Board shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to and incidental to the proposed special use permit. Upon
its granting of said special use permit, any such conditions must
be met in connection with the issuance of permits by the Village of
Victor Code Enforcement Officer.
A.
Certain uses, not permitted as a matter of right in a zoning district,
may be located therein upon the issuance of a special use permit by
the Planning Board. The provisions of this subsection shall apply
to the issuance of all special use permits.
(1)
No special use permit shall be issued, until the Planning Board,
after a hearing, determines that:
(a)
The 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 thereto.
(b)
The use will not tend to depreciate the value of adjacent property,
taking into account the possibility of screening or other protective
measures.
(c)
The use will not create a hazard to health, safety or general
welfare.
(d)
The use will not be detrimental to the flow of traffic in the
vicinity.
(e)
The use will not alter the essential character of the neighborhood
nor be detrimental to the residents thereof.
(2)
In addition, the Planning Board shall consider the following:
B.
Those uses requiring a special use permit for which additional, specific
standards have been established are enumerated below:
(1)
Gas station mini mart. Gas station mini marts may be permitted in
the Gateway Corridor Business District, provided that the following
standards are met:
(a)
In addition to the information required in the site plan as spelled out in Article V of this chapter, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed.
(b)
The entire area of the site traveled by motor vehicles shall
be paved with asphalt or concrete.
(c)
Accessory goods for sale shall not be displayed on the pump
island and shall be located on the building island only.
(d)
No gas station mini mart shall be located within 500 feet of
any public entrance to a school, library, hospital/urgent care, or
church. Such distance shall be measured in a straight line from said
public entrance to the lot line nearest said entrance along the street
line.
(e)
Where such uses abut a residential zone, they shall be screened
by a buffer area composed of planted evergreen shrubbery or solid
fencing, or a combination of both, which, in the opinion of the Planning
Board, will be adequate to prevent the transmission of headlight glare
and illumination across the zone boundary line. Such buffer screen
shall have a minimum height of four feet above the finished grade
at the highest point of the parking area. The materials used shall
be in keeping with the character of the adjacent residential area.
(f)
All fuel pumps shall be located at least 20 feet from any street
or property line.
(2)
Automobile repair service. Automobile repair services may be permitted
in the Gateway Corridor Business District and Village Center Business
District, provided that the following standards are met:
(a)
In addition to the information required in the site plan as spelled out in Article V of this chapter, the site plan shall also show the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(b)
Any repair of motor vehicles shall be performed in a fully enclosed
building, and no motor vehicle shall be offered for sale on the site.
No motor vehicle parts or partially dismantled motor vehicles shall
be stored outside of an enclosed building.
(c)
Where such uses abut a residential zone, they shall be screened
by a buffer area composed of planted evergreen shrubbery or solid
fencing, or a combination of both, which, in the opinion of the Planning
Board, will be adequate to prevent the transmission of headlight glare
and illumination across the zone boundary line. Such buffer screen
shall have a minimum height of four feet above the finished grade
at the highest point of the parking area. The materials used shall
be in keeping with the character of the adjacent residential area.
(3)
Adult entertainment use. The Village Board of the Village of Victor
has determined that adult entertainment uses exhibit serious objectionable
operational characteristics which can lead to significant adverse
impacts on the surrounding community and that the unrestrained proliferation
of such businesses is inconsistent with existing development and future
plans for the Village of Victor in that adult entertainment uses often
result in influences on the community which increase the crime rate
and undermine the economic, moral and social welfare of the community.
The deleterious effects of these uses change the economic, social
and moral character of the existing community and adversely affect
existing businesses and community and family life. Therefore, the
Village Board of the Village of Victor recognizes that special regulation
is necessary in order to prevent the proliferation of adult entertainment
uses and to ensure that the effects of such uses will not adversely
affect the health, safety and economic well-being of the community.
Adult entertainment uses shall also be subject to the following:
(a)
All provisions of the Zoning Law of the Village of Victor applicable
to any use specified in the Industrial District.
(b)
Such uses shall be a minimum of 2,000 feet from schools, churches,
public parks and recreation lands, municipal boundary lines, residentially
zoned lands and other specified uses and businesses set forth in this
article. Measurement of distances shall be from the property lines
of the uses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
No exterior sign shall contain any photographic or artistic
representation of the human body.
(d)
All building openings, entries, windows, doors, etc., shall
be located, covered or screened in such a manner as to prevent a view
into the interior of the building from any public right-of-way or
adjacent property.
(e)
No adult entertainment use shall be established in any building
of which any part is used for residential purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(f)
No residential use shall be established in any building of which
any part is used for an adult entertainment use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(g)
One parking space for every 200 square feet of gross floor area
devoted to the adult use shall be provided.
(h)
All adult entertainment uses shall be provided with on-site
parking for all vehicles during typical peak use periods.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
