Whenever an application for a special permit to the Zoning Board of Appeals is required by this chapter of the Village of Spencerport, as now or hereafter in effect, the applicant shall proceed as follows:
A. 
The application for such special permit shall be made in writing at least 30 days before the hearing date and filed with the Building Inspector. A fee as set from time to time by resolution of the Board of Trustees shall be paid at the time of filing the application. Every such application shall be on a form to be provided by the Building Department, which form may be supplemented by a petition of the applicant and shall be accompanied by a plot plan showing the location, dimensions and area of the land or lot; the location of all existing and proposed buildings or structures with reference to property lines; the elevation, area and dimensions of all existing and proposed buildings or structures; the plans and specifications for all proposed buildings, structures or alterations of existing buildings or structures; a statement of the specific use or uses to be made of the land, buildings or structures; and such other information as said Board of Appeals or Building Inspector may require in order to pass on the application. All papers shall be filed in duplicate.
B. 
The applicant may be required to submit with the application a proposed notice of public hearing on such application, leaving the dates blank, or the Board may prescribe and determine its own form of notice. Within a reasonable time, the Board of Appeals or, if such powers have been delegated by the Board to the Clerk of the Board or to the Building Inspector, then such official shall direct a public hearing to be held on the application and fix the date of such hearing. The hearing shall be held within 62 days after the filing of the application. Publication of notice of the hearing shall be made by the Board of Appeals once in the official newspaper at least 10 days prior to the hearing date. Written notice of any and such hearing to all property owners within 200 feet in all directions, at least 10 days before the date of such hearing, will be conducted through the Village offices. Proof of publication and mailing shall be filed with the Building Inspector before the hearing date. The Board of Appeals may delegate the power to call the hearing and fix hearing dates to its Clerk or to the Building Inspector.
C. 
At such hearing, the Board of Appeals may take such testimony and thereafter conduct such investigation as it deems necessary and shall, within 62 days of the hearing, grant or deny the application or grant the same on the conditions stated in the decision. The decision of the Board of Appeals shall be entered in its minutes and filed with the Village Clerk of the Village of Spencerport. If the special permit is granted, the decision of the Board shall direct the Building Inspector to issue a building permit or certificate of occupancy, as may be appropriate in conformity with the decision, upon payment of the required fee.
In granting or denying any special permit, the Board of Appeals shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, the facts with reference to such of the following matters as are relevant and shall make its decision on the basis of such facts:
A. 
What conditions, restrictions and safeguards are necessary to protect property values in the vicinity of the proposed use and for the protection of the health, safety, morals, peace and general welfare of the community and of the public.
B. 
The effect of the proposed use on the orderly development and character of the neighborhood of the proposed use and upon the development and conduct of other lawful uses in the vicinity.
C. 
Whether the proposed use will be in harmony with the existing and probable future development of the neighborhood in which the premises are situated.
D. 
The number and proximity of the same or similar uses in the neighborhood of the premises.
E. 
Whether the proposed use will be a nuisance in law or in fact, and whether the use will be noxious, offensive or injurious by reason of production of or emission of dust, smoke, refuse, poisonous substances, odors, fumes, noise, radiation, vibration, unsightliness or similar conditions or will contaminate waters.
F. 
Whether the proposed use will create hazards or dangers to the public, or to persons in the vicinity, from fire, explosion, electricity, radiation, traffic, traffic congestion, crowds, parking of automobiles or other causes.
A. 
After a special permit or variance has been granted and the decision of the Zoning Board of Appeals has been duly filed, the applicant shall be entitled to a building permit or certificate of occupancy, as may be appropriate, upon application to the proper officer as required by this chapter, provided that application for such permit or certificate shall be made within one year of the date when the decision of such Board becomes final, either by expiration of the time for review of the same by a court or by the final judgment of the court in case of court review. If such application is not made within the time limit, such special permit or variance shall become null and void and of no effect (unless the time for such application is extended as herein provided), and thereafter no building permit or certificate of occupancy shall be issued to the applicant pursuant to such special permit or variance.
B. 
After a building permit or certificate of occupancy has been issued upon timely application, the same shall become null and void unless work is commenced within one year, unless such time is extended as herein provided, and after the time for issuance of the permit or certificate has finally expired, no further permit or certificate of any kind shall be issued pursuant to the original grant of authority by the Zoning Board of Appeals.
C. 
The Board of Appeals for cause shown may, upon written application made prior to the expiration of the time limit, extend the time within which a building permit or certificate of occupancy may be issued or within which the work or use may be commenced, pursuant to any building permit or certificate of occupancy, for two successive periods of not to exceed six months each.