The applicant shall submit a written statement showing that the location proposed for any type of facility defined in § 172-70 is suitable and appropriate for such use and that such use is in the public interest. Further, the written statement shall explain the character of the proposal, building type and design, ownership and maintenance capabilities, including open spaces and internal roads, density calculations as specified in Subsection E(1)(b) below and evidence demonstrating the applicant's ability to supply the proper bonding to carry out the plan in its entirety. In addition, the applicant shall submit a feasibility study showing the demand for a nursing or convalescent home, health-related facility, residence for adults or a family home for adults in the area. If the proposal is being financed by a unit of government, copies of data, forms, etc., that are submitted to that respective government agency shall be submitted in duplicate.

There shall be no more than one patient bed per 4,000 square feet of lot area.

The maximum coverage of all principal and accessory buildings shall be 10%.

The maximum height of all buildings shall be 35 feet, and the maximum number of stories shall be two.

The grounds and vicinity of buildings, including off-street parking areas and service yards, shall be suitably landscaped to assure an attractive environment. In addition, walks and lighting along walks, near buildings and parking areas, shall be provided.

Access and egress shall not constitute unreasonable disturbance or interference with surrounding property owners.

Patients suffering from communicable diseases shall not be permitted.

Facilities for the mentally disabled or drug- or alcohol-dependent persons shall not be permitted.

The appropriate state license or approval shall be required.

The maximum number of beds shall be 120.

The minimum lot size shall be six acres.

No building or any part thereof shall be located nearer than 150 feet to any state or county highway or any lot line of a lot zoned for single-family residence use nor nearer than 100 feet to any other street or lot line.

The number of beds shall be from a minimum of five to a maximum of 30.

Conversion of a single-family residence into a residence for adults will be considered.

The maximum number of beds shall be four.

Conversion of a single-family residence into a family home for adults will be considered.

The residence shall be altered or added to only to the extent to which it would be allowed if it continued to be used as a single-family residence in the district in which it is located.

The minimum lot size shall be two acres.

The maximum permitted lot coverage of all principal and accessory structures shall be 10% of the buildable area of the lot.

The maximum height of all structures shall be 35 feet, and the maximum number of stories shall be two.

No structure or any part thereof shall be erected nearer than 100 feet to any lot line of a lot.

Building length. Buildings shall be limited to a length of not bore than 150 feet.

Yards. No parking areas shall be located within 30 feet of any street line or within 15 feet of any property line.

Between any two buildings there shall be a distance equal to the average height of such buildings at the points where they are nearest one to the other.

One space per full-time nonresident student, plus one space per employee, faculty and staff member.

For libraries, auditoriums and other places of public assembly: one space for every four seats of four persons who can be legally accommodated.

For all other uses: Such number of spaces as the Planning Board will deem to be sufficient to ensure the parking off-the-street of all vehicles of all persons employed in connection with or attracted by such use.

Retail store and shop.

Personal service shop.

Bank.

Theater.

Medical or dental clinic or office.

Restaurant or cafe, excluding fast-food establishment.

Professional office.

Parking lot or parking garage.

Specialty shop.

Meeting room.

Auction establishment, excluding livestock and motor vehicle establishments.

Newsstand.

Hotel or motel.

Multifamily residence.

Animal hospital and veterinary clinic.

Self-service laundry, provided that a full-time attendant is on the premises during business hours.

The prior use obtained a site plan approval and was not otherwise exempted from a complete review by virtue of having been in existence prior to the site plan review requirement.

The off-street parking requirements for the proposed use are the same or less than the prior use.

The hours of operation of the proposed use are the same or not materially different from the prior use.

There is no anticipated change in peak traffic hours or volumes from the prior use.

There is no change in the footprint or location of the structures upon the lot.

There is no change in the height of structures upon the lot.

Only those properties mapped on the Zoning Map as being in the CBS Subdistrict shall be eligible for consideration.

With the exception of a multifamily residence, any CBS Subdistrict use shall not be located or occupy that portion or part of any eligible property beyond a distance of 250 feet measured from the center line of the Hudson Street — Route 218 corridor. In those cases where the CBS Subdistrict divides a lot and more than 50% of the area of such lot lies beyond the two-hundred-fifty-foot depth, only that portion of the lot within 250 feet shall be eligible for a CBS Subdistrict use. If less than 50% of the area of such lot remains beyond the two-hundred-fifty-foot depth, the Planning Board may permit that portion of the lot to be included within the CBS Subdistrict. In those situations where it appears that property may not have frontage or access to a public street, direct access must be assured.

The site must be served with Village sewer and water facilities.

Any lot or parcel shall have sufficient lot area to provide convenient and safe access to parking areas, structures and buildings. In general, structures shall be set back sufficiently from all lot lines to provide safe and convenient access for emergency vehicles, maintenance, parking, sidewalks, consideration of light, air, privacy, aesthetics, landscaping and the problems of noise and other forms of pollution.

Any lot or parcel, or combination of any lots or parcels, fronting on two or more streets (in addition to Route 218 — Hudson Street) shall provide vehicular access to Route 218 — Hudson Street without traversing other streets, except in those cases where the Planning Board finds unusual conditions warrant providing access directly off streets other than Route 218 — Hudson Street. Such shall be contingent upon whether the proposed access location will in any way constitute unreasonable disturbance or interference with surrounding property owners, particularly residentially used property and neighborhoods.

Plans for the erection or alteration of any structure within the CBS Subdistrict shall provide for the installation of a landscaped buffer area along any lot line abutting a residential use. A wall or fence of location, height and design approved by the Planning Board may be substituted for some of the required planting.

On any building visible from a public street, materials shall not be permitted on exterior wall surfaces that are not in a proper arrangement or combination of a permanent nature with good architectural design and appeal. The Planning Board may require perspective drawings and/or renderings and shall exercise aesthetic judgment and prevent construction, reconstruction or alteration out of harmony with existing buildings insofar as style, materials, color, lines and detail are concerned. Furthermore, buildings and uses shall not, because of height and bulk, destroy visual, scenic or other appropriate view nor shut off light and air from surrounding properties.

Off-street parking areas and yards shall be suitably landscaped with trees, shrubs and other plant material to assure an attractive environment.

In approving any CBS Subdistrict use, the Planning Board shall take into consideration the public health, safety and welfare and the comfort and convenience and moral standards of the public in general and of the residents of the immediate neighborhood in particular.

Character, identity and architectural and siting variation shall be incorporated in a project. Such may include, but are not limited to, landscaping, streetscape, open spaces and plazas, pedestrianway treatment, siting, visual focal points, use of existing physical features (topography), views, sun and wind orientation, architectural style and harmonious use of materials.

In no case, shall height exceed 45 feet or lot coverage exceed 70%.

Buildings or portions of buildings exceeding 35 feet in height shall be so located, oriented and dimensioned as to interfere as little as is reasonably practicable with principal views from other areas of the Village or from important public viewpoints.

In addition to the site plan and any supporting documents, the applicant shall submit a statement as to how the particular approach proposed by the applicant warrants approval with respect to height or lot coverage modifications and evidence demonstrating that the plan, as modified, can be carried out.

Adult bookstores.

Adult motion-picture theaters.

Adult entertainment cabarets.

No adult entertainment establishment shall be allowed within 1,500 feet of another existing adult entertainment establishment.

No adult entertainment establishment shall be located within 300 feet of any zoning district which is zoned for residential use.

No adult entertainment establishment shall be located within 1,500 feet of a preexisting school, library, civic or youth oriented center, historic preservation site, park or playground or other area where many minors travel or congregate or place of worship.

No adult entertainment establishment shall be allowed where there already exists an adult entertainment establishment, whether within the Village of Cornwall-on-Hudson or within neighboring communities, such that either there would exist an over-saturation of such uses or where it is determined by the Board that the regional needs for such uses have already been met by such existing uses.

No adult entertainment establishment shall be located in any zoning district, except the CBS subdistrict of the SR Zone.

The owner of a building or premises, his agent for managing, controlling or collecting rents or any other person managing or controlling a building or premises, any part of which contains an adult entertainment establishment, shall register with the Village Board of Trustees of the Village of Cornwall-on-Hudson the following information:

It is unlawful for the owner or person in control of any property to establish or operate thereon or to allow any person to establish or operate an adult entertainment establishment without first having properly registered and received certification of approved registration.

The owner, manager or agent of a registered adult entertainment establishment shall display in a conspicuous place on the premises a copy of the registration form approved by the Village Board of Trustees of the Village of Cornwall-on-Hudson.

If any provision of this chapter or the application of any provision to any item in this Article is held invalid, the invalidity of that provision or application shall not affect any of the other provisions or the application of those provisions to other items in this chapter.

Noise. Noise shall not exceed an intensity, as measured from the boundaries of the lot where such use is situated, of the average intensity occurrence and duration of the noise of street traffic at adjoining streets.

Atmospheric effluence. No dust, dirt, smoke, vapor, odor, toxic or noxious gases or other forms of air pollution shall be disseminated beyond the boundaries of the lot except in accord with the standards established by the Orange County Health Department, New York State Department of Environmental Conservation or other regulatory agency having jurisdiction.

Glare and heat. No glare or heat shall be produced that is offensive beyond the boundaries of the lot on which such use is situated.

Radioactivity or electromagnetic interference. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance. All applicable federal regulations shall be complied with.

Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and adequate fire-fighting and fire-suppression equipment and devices standard in this industry. Burning of waste materials in open fields is prohibited. The relevant provisions of other state and local laws and regulations shall also apply.

Vibration. No activity shall cause a vibration beyond the boundaries of the lot on which such use is situated.

Liquid or solid wastes. The discharge of any or all wastes shall be permitted only if in complete accordance with all standards, laws and regulations of the Orange County Health Department, New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction. Facilities for the storage of solid waste shall be so located and designed as to be screened from the street or from any adjoining property and so as to discourage the breeding of rodents or insects.

Vehicular traffic. No industrial use shall be permitted where it is determined by the Planning Board that the type and number of vehicular trips which it is estimated to generate would be expected to produce unusual traffic hazards or congestion or to cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the New York State Department of Environmental Conservation or other regulatory agency having jurisdiction, due to the design or capacity of the state or highway system, the relationship of such proposed use to surrounding or nearby industrial, commercial or residential uses or other factors affecting air pollution arising from mobile source activity.

Landscaped buffer. Adjacent to any rear or side yard abutting a residential district or any outside storage area, there shall be a protective planting strip with appropriate trees, hedges, evergreens or other suitable materials. The type, width and height of such shall be determined by the Planning Board.

If the Planning Board deems it necessary, expert advice may be obtained, with the cost of such advice paid for in advance by the applicant, as a condition of further consideration of his application. The report of any expert consultants shall be promptly furnished to the applicant.

During the course of site plan review, the Planning Board will determine if the applicant's proposal will conform to the performance standards.

Continued compliance with such standards shall be a requirement for the continuance of any certificate of occupancy.

The Code Enforcement Officer shall give written notice, by registered or certified mail, to the owner and tenants of the property upon which the alleged violation occurs, describing the particulars of the alleged violation and the reasons why it is believed that there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Code Enforcement Officer within five days after service of such notice by said inspector. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the Code Enforcement Officer within the time limit constitutes admission of a violation of this chapter. The notice shall further state that, upon request of those to whom it is directed, technical determinations of the nature and extent of the violation as alleged will be made and that, if a violation as alleged is found, costs of the determinations will be charged against those responsible, in addition to such other penalties as may be appropriate, and that, if it is determined that no violation exists, costs of the determinations will be borne by the Village of Cornwall-on-Hudson.

If, within the time limit set, there is no reply, but the alleged violation is corrected to the satisfaction of the Code Enforcement Officer, he shall note "violation corrected" on his copy of the notice and shall retain it among his records.

If there is no reply within the time limit set, thus establishing admission of a violation of this chapter, and the alleged violation is not corrected to the satisfaction of the Code Enforcement Officer within the time limit set, he shall proceed to take action in accordance with § 172-57 of this chapter.