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Empire studies special permit need for large public events

When does a party become a special event in the Village of Empire?

At "about 750 people," said village Planning Commission chairman Paul Skinner. During its meeting last week, the commission discussed and reviewed issues related to planning and zoning within the village, including linking the need for temporary land use permits to the size of the estimated crowd.

Skinner said when the commission updated the village Zoning Ordinance last year, a few items were missed, including one involving rules for issuing a temporary land use permit for events like concerts and dances.

"We brought back the old language and did some tweaking," Skinner said. Under former zoning rules, there was no requirement for specifying what kind of event was being held, and for how long it would last. There was also no threshold for the size of events.

"One question we asked ourselves was, do we need someone to apply for a permit if they’re hosting a street party for 40 or 50 people?" Skinner said. The number the commission tentatively agreed upon is 750 people. Under the proposal, if an event will draw that many people Skinner said organizers would have to apply for a special land use permit. "The things we’ll look at include is whether the building or area in which the event is held is adequate for a crowd of that size," he said.

The commission sent the proposed language to village attorney Richard Figura for review. "We want Dick to look at it and see if it will work and if we need to include any other issues," Skinner said.

In other business during its two hour-plus meeting, the commission:

• Amended its bylaws concerning when a commission member has a conflict of interest. Previously, a member would cite a conflict of interest and then abstain from voting. Under the new rule, a member with a possible conflict would bring it to the attention of the planning commission. After discussing the issue with the member, the commission would reach consensus on whether there is a conflict.

• Discussed when a site plan review is required for a change of use for an existing building. Skinner said the subject came up concerning the old school house in Empire. The current owner is considering putting in small businesses in the building, possibly a tea room and maybe some retail operations. Since the uses are allowed by right, no site plan review is required. Skinner said some planning commission members thought there should be a site plan review for the project given the old school’s standing in the community. The commission is considering changing the site plan review standard to altering the footprint of a commercial building. However, if a new use by right is proposed for a building and the footprint is not altered, then the village zoning administrator may issue a land use permit. Another factor that may be considered is the length of time a building has been left empty. The commission is leaving the review standard as is for now.

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