[HISTORY[1]: Adopted by the Board of Trustees of the Village of Pittsford 4-27-2021 by L.L. No. 5-2021. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 189, Transient Retail Merchants,
adopted 3-14-1989 as Ch. 134 of the 1989 Code, was repealed 6-16-2020 by L.L. No. 3-2020.
The purpose of this chapter is to assist in the government of
the Village, the management of its businesses, the preservation of
good order, together with the peace, health, safety and welfare of
its inhabitants, by providing for the control and regulation of short-term
business and charitable uses which may not be in conformity with the
underlying zoning of the applicable district but which may, nevertheless,
be in the best interests of the Village of Pittsford and the residents
thereof. The intent of this chapter is to establish criteria for short-term
business and charitable uses that are otherwise incompatible with
the Zoning Code of the Village of Pittsford[1] which may, nonetheless, be desirable on a limited, case-by-case
basis under the terms and conditions set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A business or charitable use conducted on property in the
Village of Pittsford but not located on any public right-of-way or
sidewalk for the sale of goods, wares or merchandise and which is
intended to be conducted for a temporary period of time of nine months
or less which is not otherwise permitted by the Code of the Village
of Pittsford.
This chapter shall not apply to sales by civic groups, churches,
Girl or Boy Scouts, Rotary Clubs, Lion Clubs, Kiwanis and door-to-door
sales of like civic-minded groups. Further, the provisions of this
chapter shall not apply to persons who sell Avon Products, Tupperware®, Mary Kay® cosmetics
and like groups that conduct sale of wares in residences with permission
of the owner thereof.
It shall be unlawful for any person, firm or corporation to
conduct or operate or permit to be conducted or operated a short-term
business or charitable use within the Village of Pittsford without
first obtaining a permit from Board of Trustees of the Village of
Pittsford. All permits shall be nontransferable. The short-term business
or charitable use shall exhibit the same at any time upon demand by
any officer of the Village designated by the Mayor.
The fee for the permit required by this chapter shall be as
determined by the Village of Pittsford Board of Trustees.
Any vendor carrying, keeping or using scales, measures or other
appliances for weighing or measuring shall first have the same inspected
by the appropriate official, and if the latter shall find such appliances
correct and true, he shall issue his certificate to that effect, and
such certificate shall be affixed thereto in a conspicuous place.
A vendor shall not carry, keep for use or use any such appliances
which shall not be correct and true and do not give a record and give
the weight and quantity claimed by said vendor.
A short-term business or charitable use permit application shall
include, at a minimum, the following:
A.
An application form provided by the Village Clerk's office,
including the name, address and signature of the applicant and property
owner.
B.
A letter of intent that explains the general nature of the proposal.
This letter shall include the following as applicable:
(1)
A detailed description of the short-term business or charitable use
operation.
(2)
The proposed hours of operation.
(3)
The number of employees at maximum shift.
(4)
The maximum seating capacity, if any.
(5)
The timing and manner of any and all anticipated deliveries, if any.
(6)
A recycling and waste management plan.
(7)
The nature and type of all equipment required for the operation of
the short-term business or charitable use.
(8)
The commencement and termination dates for the operation of the proposed
short-term business or charitable use.
(9)
The plan for the setup and takedown of the proposed short-term business
or charitable use.
(10)
The approximate amount of foot and vehicle traffic expected
to be generated by the short-term business or charitable use.
(11)
Proposed signage to be erected in connection with the operation
of the short-term business or charitable use.
(12)
A description of any music or noise that is expected to be generated
by the proposed short-term business or charitable use.
(13)
The location of any parking anticipated for the proposed short-term
business or charitable use.
(14)
An explanation of any cooking, lighting, electrical or mechanical
equipment that may be required.
C.
A notation of the zoning district in which the proposed use is to
be located.
D.
A site plan, survey or such other image as approved by the Board
of Trustees denoting the location of the subject property, all structures
thereon and the location thereon of the proposed short-term business
or charitable use.
E.
Copies of any other required permits as applicable, including Monroe
County health permits, fire inspection certificates, and any required
temporary activity permits in the Town of Pittsford. Proof of these
permits may be made a condition of approval.
F.
A narrative describing how the proposed use will satisfy the short-term
business or charitable use permit considerations as more fully set
forth in § 189-14 of this chapter.
No person shall conduct a short-term business or charitable
use within the Village at any place other than that identified by
the permit issued by the Board of Trustees.
Any officer of the Village designated by the Mayor for such
purpose shall have the power and authority to enter any store or building,
structure or location in which a short-term business or charitable
use may be carried on at any time during business hours.
The Board of Trustees shall consider the following when reviewing
an application for a short-term business or charitable use permit
and shall include a statement of findings for such considerations
in any decision rendered with regard to such application. The Board
of Trustees shall consider whether the proposed short-term business
or charitable use 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 be a nuisance or create offensive odors or noise.
The Board of Trustees may grant, grant with conditions, or deny
such application for a short-term business or charitable use permit.
Such short-term business or charitable use permit shall be for a period
of a maximum of nine months.
A.
Criminal penalty. Any person who violates any provision of this chapter
shall, upon conviction thereof, be subject to a fine not to exceed
$250 or to imprisonment for a term not to exceed 15 days, or both.
B.
Civil penalties; construal.
(1)
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed as well as by prosecution of the offender as provided in Subsection A of this section or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)
Neither a judgment in nor the pendency of a criminal prosecution
for an alleged violation of the provisions of this chapter nor a judgment
in or the pendency of a civil action of law or in equity shall be
a bar to the other form of proceeding.
(3)
The imposition of a penalty for a violation of this chapter shall
not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate
a violation shall be cumulative.
C.
Each week during which a violation of any provision of this chapter
occurs shall be considered a separate violation of this chapter.
