A. 
Purpose. The purpose of this article is to regulate special uses, which by nature of their operation, may have a higher potential for incompatibility with adjacent uses or otherwise unique characteristics which require a case-by-case review of their location, design, configuration, and impacts on the surrounding area.
B. 
Intent. The standards of this article are intended to provide for the individual review and approval of such uses to ensure compatibility of the use in its proposed location and mitigate any potential adverse impacts the use may have on the district or neighborhood.
A. 
Permit required. A special use permit shall be obtained for all uses as noted in the district tables of Part 2 of this chapter prior to their establishment or operation.
B. 
Additional use regulations. In addition to the general district and development requirements of this chapter, specially permitted uses shall also conform to the requirements of Article 24, where applicable.
A. 
Authorized review body. Special use permits shall be reviewed and decided upon by the Planning Board.
B. 
Application requirements. Special use permit applications shall include all materials as required by § 190-43.4.
C. 
Review criteria. In conducting their review, the Planning Board shall consider the special use permit review criteria provided in § 190-43.5, as applicable.
D. 
Public hearings. The Planning Board shall hold a public hearing for all special use permit applications prior to issuance of decision.
E. 
Referrals. All internal, professional, and required referrals shall be made in accordance with § 190-40.6.
F. 
Coordinated reviews. The review of special use permit applications may be coordinated with other development applications in accordance with § 190-40.5.
A special use permit application shall include the following, as applicable:
A. 
A site plan denoting the location of the subject property and all structures thereon, as well as all property, uses, and structures within 300 feet of the proposed use.
B. 
A description of the proposed use and nature of its operation, including the following, as applicable:
(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.
C. 
An interior floor plan, including, but not limited to, the arrangement of seats, kitchen and/or bar size and location, storage areas, bathroom facilities, and location of machines or other mechanical equipment.
D. 
A narrative describing how the proposed use will satisfy the review criteria of § 190-43.5.
E. 
All SEQR Documentation as required by New York State Law.
F. 
Where site plan review is also required, the application materials of Article 42 shall also apply.
A. 
General criteria. In reaching a decision, the Planning Board shall consider and shall determine, either from its own knowledge and investigation or from testimony or other information submitted to it, findings on whether the proposed use:
(1) 
Will be generally consistent with the goals of the City Comprehensive Plan, Local Waterfront Revitalization Program, and other adopted plans and studies;
(2) 
Will meet all relevant goals, standards, guidelines, and requirements set forth in this zoning code, including any applicable additional use regulations of Article 24;
(3) 
Will be an economically viable use of the property and/or will not cause there to be any significant decrease in the future economic viability of the property;
(4) 
Will be compatible with existing uses adjacent to and near the property;
(5) 
Will provide adequate measures (such as landscaping and screening) to mitigate potential adverse impacts on surrounding property and preserve or enhance the traditional character of the City;
(6) 
Will not have an undue burden or effect on the orderly development and character of the neighborhood or upon the development and conduct of other lawful uses in the vicinity;
(7) 
Will not be a nuisance to adjacent residents and property in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, traffic, crowds, parking of automobiles, unsightliness, contamination or other similar conditions;
(8) 
Will not cause undue harm to or destroy existing sensitive natural features on the site or in the surrounding area or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water, or degradation of water quality;
(9) 
Will not destroy or adversely impact significant historic and/or cultural resource sites; and
(10) 
Will not otherwise be detrimental to the convenience and general health, safety, or welfare of the public.
B. 
Standard for review. Failure to meet one or more of the above criteria may result in denial of an application.
C. 
Waiving application requirements. At their sole discretion, the reviewing body is authorized to waive or modify, in whole or in part, required application material in accordance with § 190-40.4F.
A. 
Duration. A special use permit shall be valid for one calendar year, starting on the approval date by the Planning Board.
B. 
Renewal of permit.
(1) 
Special uses shall be required to reapply for special use permit approval at least 30 days prior to the initial permit's expiration date.
(2) 
Renewal shall be processed through the payment of a fee established by a fee schedule, set by resolution of the Common Council per § 190-40.9A.
(3) 
Should the applicant seek modifications to the initially granted special use permit, renewal applications shall be submitted, processed, reviewed, and decided upon in accordance with the provisions of this article.
(4) 
In granting a special use permit renewal, the Planning Board may remove or modify the conditions of the initial permit, as deemed necessary or appropriate.
C. 
Denial. The Planning Board may deny a renewal of a special use permit when any of the following apply:
(1) 
The petitioner has failed to comply with one or more of the conditions of the prior approval;
(2) 
Substantial new issues regarding the permit conditions during the operation of the use have arisen;
(3) 
The general requirements of this chapter have not been met; or
(4) 
There are changes in the area or neighborhood that would be incompatible with the special use.
Special use permit approval shall be issued to the applicant. Where a change of owner, operator, or occupant occurs, the issuance of a new special use permit shall be required.
A reapplication for a special use permit request which has been previously denied shall not be considered unless substantial revisions have been completed from the original application previously denied, as determined by the City Planning Board.