The Planning Board shall mail notice of said hearing to the applicant at least 10 days prior to the hearing.

The Planning Board shall cause public notice of said hearing to be published in a newspaper of general circulation in the Village at least five days prior to the date thereof.

The applicant shall transmit a notice of the public hearing via certified mail to the record owner of each property within 200 feet of the property for which the public hearing is being heard.

Notice of the public hearing shall be sent via first-class mail no less than seven calendar days prior to the date on which the public hearing is opened.

The applicant shall provide a certificate of mailing prior to the public hearing being opened.

The cost of all mailings and publishing of the notice shall be borne by the applicant.

The boundary of any city, village or town.

The boundary of any existing or proposed county or state park or other recreation area.

The right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway.

The existing or proposed right-of-way of any stream or drainage channel owned by Rockland County or for which the county has established channel lines.

The existing or proposed boundary of any county- or state-owned land in which a public building or institution is situated.

The boundary of a farm operation located in an agricultural district, as defined by Article 25-AA of the New York State Agriculture and Markets law, except this subsection shall not apply to the granting of area variances.

That all proposed structures, equipment or material shall be readily accessible for fire and police protection.

That, in its proposed location, the proposed use is of such size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning district classification of such properties or the intent with respect thereto of the officially adopted Comprehensive Plan.

That pedestrian and vehicular traffic to and from the use, and the assembly of persons in connection therewith, will not be hazardous or inconvenient or incongruous with the area or conflict with the normal traffic in the neighborhood.

That the location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of screening and landscaping on the site shall not hinder or discourage the appropriate development and use of adjacent land and buildings or diminish the value thereof.

That operations in connection with any special use permit use shall not be more objectionable to nearby properties by reason of noise, fumes, vibration, or flashing lights than would be the operation of any permitted use and may establish limitations on same, including hours of operation, to mitigate any potential adverse impacts.

All special uses shall comply with the landscaping, lighting, parking, performance and other standards set forth in this Zoning chapter, and the individual special use standards set forth in § 250-53 of this Zoning chapter.

Every application for a special use permit shall require site plan approval in accordance with Article XII of this Zoning chapter. Every application for a special use permit shall be submitted in 10 copies and shall contain all the data required in connection with an application for site plan approval, unless, following a meeting in person with the Planning Board or a duly authorized representative thereof, some of the required information is deemed by the said Board to be unnecessary.

Area variance. Notwithstanding any provision of law to the contrary, where a proposed special use permit contains one or more features which do not comply with the zoning regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 7-712-b of the New York State Village Law, without the necessity of a decision or determination of an administrative official charged with the enforcement of the zoning regulations.

Conditions attached to the issuance of special use permits. The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit. Upon its granting of said special use permit, any such conditions must be met in connection with the issuance of permits by the Code Enforcement Officer. Said conditions shall be met within one year of issuance of the special use permit, or the permit shall become null and void.

Waiver of requirements. The Planning Board, when reasonable, may waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted for approval. Any such waiver may be exercised in the event any such requirements are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit.

Public hearing and decision. The Planning Board shall conduct a public hearing within 62 days from the day a complete application is received on any matter referred to it under this section. The Planning Board shall decide upon the application within 62 days after the hearing. Failure by the Planning Board to render a determination within 62 days shall be deemed a denial. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Board. The decision of the Planning Board on the application after the holding of the public hearing shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.

Compliance with SEQRA. The Planning Board shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law and its implementing regulations.

In authorizing the issuance of a special use permit, it shall be the duty of the Planning Board to attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the general objectives of this chapter.

The Board may require, as a condition of the issuance of any special use permit, that it be periodically renewed or may issue a special use permit for a specific period of time, subject to adequate guarantee that the use covered will be terminated at the end of the period specified or such extension as may be granted by said Board. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination that such conditions as may have been prescribed by the Board in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. In such cases, a period of 60 days shall be granted to the applicant to achieve compliance prior to the revocation of the said permit.

Any use for which a special use permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that:

As per Article IV, Definitions, an animal sanctuary may include those species which are indigenous to the northeast, as well as any avian species. The animal sanctuary shall be accredited by the American Sanctuary Association or other similar accrediting body.

Animal sanctuaries are permitted in the R-60 Zoning District only and on lots of no less than three acres.

The Planning Board may require that the facility, especially animal holdings, be enclosed securely by fencing or other means, taking into consideration the types of animals to be housed. The Planning Board shall determine the appropriate means of enclosure.

The use shall maintain its accreditation with the American Sanctuary Association throughout the use's operation. A facility which loses its accreditation shall be deemed to be in violation of any special use permit granted to it.

Security lighting may be provided at the facility. Lighting shall be sufficient to secure the site and shall be designed with full cutoff and other design measures which eliminate light spillover or impacts to the night sky and shall meet the requirements of this Zoning chapter.

The use shall secure all applicable permits and approvals from county and state health and environmental agencies as a condition of the special use.

Any barn, shed, corral or animal enclosure shall be located no closer than 50 feet from any side or rear lot line and 100 feet from any street line.

The Planning Board shall establish as part of the special use the types of species and number of animals that shall be allowed within the sanctuary based on the specific location of the facility, its proximity to adjoining residential uses, and the operational characteristics of the facility, including noise generated by the animals, best practices for housing said species and other health and safety considerations.

The storage of manure or other dust- or odor-producing substances shall be adequately screened to the extent practicable from adjacent residential properties, and said storage shall be located no less than 100 feet from any lot line, stream or other water body or well providing a source of potable water and the nearest neighboring residential properties.

The hosting of visiting groups such as field trips or agritourism-related activities at an animal sanctuary may be allowed as a function of the use if approved by the Planning Board. Among other considerations, the animal sanctuary shall demonstrate the availability and adequacy of bathrooms, food preparation, eating and other facilities to accommodate visitors, and it shall otherwise adhere to all applicable Village, county and state laws.

During review the applicant shall provide the Planning Board with hours of operation for visiting groups or tours.

Overnight guest stays of no more than two consecutive nights are permitted, provided the guest(s) is involved in some capacity in the care and husbandry of animals or is visiting the site for educational purposes.

Within the ALR, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as dining facilities, meeting rooms, multipurpose rooms, lounges, game rooms, workshops, medical infirmaries, health and exercise facilities, convenience retail facilities, automated banking facilities, personal care facilities, etc., only to the extent that they meet the needs of the occupants of the ALR and their guests. Such facilities shall be subordinate to the residential character of the development with no outside advertising. The Planning Board may limit hours of operation, percent of floor area, or other elements. The applicant shall submit a floor plan of each building for review, and the Board having jurisdiction over the special permit application shall review the overall internal layout and allocation of space for support activities.

The gross density of the site shall be determined by the board having jurisdiction over the special permit application, in order to preserve maximum flexibility for sound planning and environmental considerations. However, in no event shall the gross density of the site exceed 12 units per acre, and no ALR shall have more than 100 rooms. For purposes of determining density pursuant to this section, each two beds in the ALR shall be equivalent to a unit, regardless of whether they are in the same room or separate rooms.

The minimum distance between a building used as an ALR and any other building shall be 30 feet, or a distance equal to the height of the taller of the two buildings measured on opposing faces, whichever is greater.

There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.

The board shall determine the parking requirements for the ALR.

An ALR shall obtain a license from any state agency authorized to license such facility.

The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard.

Fuel pumps are not permitted in association with an automotive garage.

All repairs, body and fender work, and maintenance shall be done within a completely enclosed building. The outdoor storage of goods, supplies, parts, materials, or equipment shall occur outside any required yard and shall be screened from any public right-of-way or shall otherwise be stored in an enclosed structure. Outside storage areas shall not exceed 25% of the total lot area.

Entrance and exit driveways shall have a maximum width of 24 feet and shall be located not nearer than 10 feet from any property lines and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way or portion thereof.

There shall be no exterior display of articles, parts or supplies for sale.

There shall be no exterior overnight storage of vehicles, except for a day at a time or while awaiting arrival of parts.

No work shall be performed outside except incidental or emergency repairs.

The facility shall be required to meet the buffer requirements applicable to nonresidential uses adjoining a residential district or use set forth in this Zoning chapter.

Any opening in the roof, side or rear walls shall be located no less than 15 feet from any lot line.

Greases, solvents, oils, or other fluids shall be stored on-site and disposed of in compliance with all applicable local, county, state and federal regulations and shall not be disposed of directly or indirectly into the ground or waters of the Village of Hillburn.

Inoperable vehicles shall be stored on the site for no longer than 30 days. Inoperable vehicles shall be registered and roadworthy. The storage of inoperable vehicles for longer than 30 days shall be deemed to be a junkyard as defined in this Zoning chapter, and the use shall be deemed a prohibited use.

The Planning Board shall evaluate impacts related to noise, traffic, and hours of operation and shall minimize negative impacts on adjacent uses. The Planning Board may establish hours of operation to limit any potential adverse noise impacts.

The required front yard shall be landscaped to the satisfaction of the Planning Board in accordance with the landscaping standards of this Zoning chapter.

The outdoor storage of goods, supplies, parts, materials, or equipment must be located in the rear yard only and screened from adjacent uses or shall otherwise be stored in an enclosed structure. No outdoor storage shall be permitted in the required rear yard unless said storage adjoins a nonresidential zoning district.

Outside storage areas shall not exceed 25% of the total lot area. The Planning Board shall require a property screen where the outdoor storage is visible from an adjoining residence, residential district, or a public right-of-way.

Parking for contractor vehicles and equipment shall not be permitted in a front yard, or required side or rear yard. Parking areas shall be screened completely from view of the public road and adjacent residential uses.

The Planning Board shall evaluate impacts related to noise, traffic, hours of operation, and lighting requirements and shall minimize negative impacts on adjacent uses.

Stockpiling of outdoor materials shall not exceed 15 feet in height, as measured from the existing ground surface elevation.

All materials stored on-site shall be disclosed to the Planning Board, and material data safety sheets (MDSS) shall be submitted to ensure that hazardous substances are not stored in quantities to be a safety hazard to adjoining properties, the neighborhood, or Village as a whole. The Planning Board is authorized to set limits on the quantities and types of materials stored on-site to protect the health, safety and welfare of the Village.

Driveway access shall solely be from NYS Route 17 or NYS Route 59. The Planning Board, in its discretion, may approve a park and ride facility in connection with the terminal. Public restrooms are not permitted.

The outdoor storage of buses is permitted, provided it does not exceed 50% of the maximum allowable lot coverage. Storage of buses shall occur in a side or rear yard and not in the front yard. Bus storage shall be screened from view with a solid fence and landscaping no less than 35 feet in width. Buses shall not be permitted to idle for more than 15 minutes, unless the Planning Board determines said idling will not have a detrimental air quality impact on the nearest sensitive receptors.

Bus depots are subject to architectural review and approval.

Adequate off-street parking for employees shall be provided.

The facility shall be designed and operated so that bus operating noise is not audible beyond the property line. A noise study shall be submitted, and the Planning Board shall assess whether the bus terminal will have a significant adverse impact on ambient noise levels associated with any sensitive noise receptors.

No fuel pumps shall be located within 100 feet of any property line. All fuel, oil, gasoline or similar substances shall be stored and installed and maintained in accordance with the standards of the National Board of Fire Underwriters.

All parking areas for operating buses shall be paved, curbed and drained. Such areas shall be no less than 100 feet from any residence district boundary.

Adequate space shall be provided on the site for all the elements to be incorporated into the terminal, including provision for off-street parking for employees, the maximum number of idle buses and off-street loading and unloading. If the bus terminal incorporates passenger loading or unloading areas, said activities shall occur wholly on-site. Adequate access and egress with appropriate turning radiuses to the site shall be provided as well as adequate queuing and turnaround space on the site so that at no time is street traffic disrupted or blocked by vehicles entering or leaving the site. Queuing of buses on the street or shoulder waiting to enter the terminal shall not be permitted.

All dismantled buses, buses undergoing repair, and equipment, parts and accessories thereof shall be stored within a building. No outdoor storage is permitted, except for intact, roadworthy, functioning, operable buses.

A floor plan shall be submitted showing the dimensions of the various spaces within the building, the proposed location of facilities, aisles, exits, counter areas, dressing and exercise rooms, sanitary facilities, food service areas and similar elements.

Facilities shall be so located as not to impair ingress or egress to the premises and so as not to interfere with the circulation and movement of customers.

No accessory outdoor recreation facilities shall be permitted, unless waived by the Planning Board.

A concrete mixing plant refers only to a "ready-mix" facility which stores stone, sand, cementitious materials, and admixtures on site, and which combines, sells and delivers said "ready-mix" concrete through the use of a concrete mixing truck.

Any dust-producing materials shall be stored indoors. The Planning Board may require that the facility be watered down to maintain a dustless environment.

Trucks and equipment required for the operation of the facility shall not be stored closer than 10 feet from the required front yard and shall be sheltered indoors or contained within a solid fence at least six feet in height.

Any office space shall be located facing the front yard, in a room or rooms separate from the concrete mixing facility. A separate and dedicated parking area shall be provided for customers.

The following shall apply to both uses:

Art studio. The Planning Board shall determine that the activity fits within the definition and shall not impact adjoining residential uses or properties within the Village Center. No hazardous materials may be used in conjunction with an art studio.

The arrangement, character, extent, width, grade and location of all streets and internal driveways shall be considered in relation to existing and planned streets, topography, and public convenience and safety and in their appropriate relation to the proposed uses of the land to be served by said street, whether private or public. A pedestrian system shall be provided to link uses within the overall site and to parking areas.

The buildings and structures shall be compatible with the Village character exhibited within the surrounding environs, the character of the community and the natural surroundings. The Planning Board shall review and approve the architectural style of the buildings and structures, taking into consideration the objectives set forth herein.

A safety management plan shall be submitted that demonstrates that adequate emergency access is provided to the site. Police, fire, ambulance and other agencies that are required to service the proposed development shall be provided with a copy of the application for review and comment, and the Planning Board shall take said comments into consideration in its deliberations. The Village Board shall approve the safety management plan, and a copy thereof in final form shall be filed with the Village Clerk.

In order to minimize visual and noise impacts on adjoining parcels, no building, parking area or road shall be permitted within 100 feet of any property line. A combination of fencing, natural, undisturbed areas, and/or supplemental plantings or landscaping shall be provided to create a separation between surrounding existing uses and the proposed development.

A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall consult with the Planning Board regarding the scope of the traffic analysis prior to the study being conducted. The Planning Board and/or its designated representative shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to ensure that traffic does not negatively impact the road network within the Village.

The number of off-street parking spaces required to serve the development shall be calculated utilizing the applicable parking generation rates set forth in the most recent edition of the Institute of Traffic Engineers' publication, "Parking Generation." Parking areas shall be broken up and amply landscaped to avoid the appearance of significant expanses of impervious surfaces. Truck-loading facilities shall be provided as required in Article VIII of this Zoning chapter.

All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials.

A lighting plan and landscaping plan shall be submitted in accordance with this Zoning chapter.

The applicant shall furnish a master signage plan illustrating the location and design of on-site signs, which shall be approved as part of the site plan. Signs shall be uniform and attractive in appearance. The Planning Board is authorized to modify the sign standards to accommodate the master signage plan, provided that the signage is part of a consistent theme that blends into the natural environment and the proposed architecture of the facility, makes maximum use of ground signs as contrasted with pole signs, mostly utilizes natural materials such as wood and stone for sign construction, and employs landscaping of such signs to enhance appearances. The Planning Board may waive the requirements set forth in Article VII to achieve the design objectives set forth herein for signs.

The application shall include an overall development plan for consideration by the Planning Board. The overall development plan may be prepared at conceptual level but, at a minimum, must depict those uses proposed for development or that may reasonably be anticipated for development by the applicant, including, but not limited to, pavilions, amphitheaters, concert halls and other musical and performing arts performance areas, together with major administrative, food service, interpretive, lodging, parking, residential structures and seating facilities to accommodate performing arts patrons. The overall development plan must also depict off-site parking areas to service the proposed uses and the means of traffic circulation, both automotive and pedestrian, between and among the uses. The overall development plan must also demonstrate on a conceptual level that the development design standards listed above will be met, and the extent to which any modifications will be necessary. The plan need not encompass all the details required for a site plan but shall set forth in reasonable detail the anticipated locations within the development and sizes of all major improvements anticipated such that the Planning Board can evaluate the overall plan for environmental, traffic and other impacts on the community with a view toward attaching any conditions of approval which must be met at the time a detailed site plan is submitted for approval for any section of the development.

Concurrent with its overall development plan submission, an applicant may also submit a detailed site plan application for one or more phases of its overall development. That site plan must comply with the requirements of this section and of Article XII of this Zoning chapter.

The building shall be compatible with the Village character and its natural surroundings. The Planning Board shall review and approve the architectural style of the building and structures, taking into consideration the objective set forth herein.

A traffic study shall be submitted in conjunction with the special use permit application. The applicant shall consult with the Planning Board regarding the scope of the traffic analysis prior to the study being conducted. The Planning Board and/or its designated representative shall evaluate the use's impact on the surrounding road network and may limit the size of the facility to ensure that traffic does not negatively impact the Village road network.

Restaurants and dining rooms are permitted accessory to the conference center and shall be limited to use by conference center attendees. Said facilities shall not constitute more than 20% of the total gross floor area of the conference center building.

All parking areas shall be set back no less than 50 feet from any property line, or farther if required by the parking standards or buffer requirements.

All areas of the site shall be amply landscaped by preserving existing vegetation, or by installing a combination of decorative and native plant materials.

A lighting plan and landscaping plan shall be submitted in accordance with this Zoning chapter.

The total gross floor area dedicated to a delicatessen, including storage areas and other accessory spaces, shall not exceed 1,250 square feet.

The dry-cleaning depot is allowed to receive or distribute clothing that has been dry-cleaned in a location other than within the Village of Hillburn.

Tailoring services shall be allowed accessory to a dry-cleaning establishment.

The application shall conform to all other applicable state, county, and local regulations applicable to said use.

At least 2/3 of the total amount of the annual retail sale of agricultural, horticultural, floricultural, vegetable and fruit products, soil, livestock and meats, poultry, eggs, dairy products, nuts, honey, wool and hides and other agricultural products shall be grown, raised or produced on bona fide farms in New York State or the State of New Jersey. The purpose of this provision is ensure that farm markets are limited primarily to the sale of locally grown products. A conventional grocery store or supermarket shall not be deemed a "farm market."

One-half of the gross floor area of the market shall be dedicated to vegetable and fruit produce in order for the use to qualify as a farm market, and not a retail grocery store or other retail store. The Planning Board may permit the outdoor display of produce.

The farm market may also sell food prepared on-premises for off-site consumption, utilizing agricultural and farm products sold at the farm market.

A farm market may be operated on a year-round basis and may contain bathrooms and/or an area for food preparation occupying no more than 10% of the gross floor area of the market.

A floor plan shall be provided demonstrating compliance with the floor area requirements.

Fire, police, and ambulance buildings, or similar municipal buildings, shall be situated on a site which will minimize the impact of noise to the surrounding residents.

The height and bulk limitations contained in § 250-12 of the Zoning chapter shall not apply to any municipal building, structure or use in connection with a municipal governmental function where there exists an engineering reason related to the particular site, building and use proposed in respect of which the opinion, in writing, of an independent engineer shall have been obtained to the effect that the proposed building, structure or use will better serve its municipal function if it is carried out in a manner which is not in strict conformity with such height and bulk limitations; provided, however, that notwithstanding the nonapplicability of the height and bulk limitations in the circumstances set forth, any building, structure or use to which this section applies shall be first authorized by resolution of the Board of Trustees, and prior to receiving special use permit approval from the Planning Board.

For the purposes of this section, a "health fitness facility" may include one or more of the following activities, provided that all are conducted by the same business entity and within the same indoor premises:

It shall be a specific and express condition of any such permit issued for a health and fitness facility that the facility be constructed and operated in compliance with all applicable New York licensing requirements.

Where fitness machinery is used, a floor plan and layout shall be provided. Trained and licensed staff shall be available during operating hours to assist members or customers and to maintain a safe environment. The proper use of each type of machinery shall be illustrated through visible signage.

There shall be no exterior indication of the home occupation or any variation from the residential appearance of the principal building.

The home occupation shall be carried on wholly on the ground floor or basement of the principal building and shall not utilize more than 1/2 the area of the ground or street floor or the basement of the original building.

There shall be no more than one person outside the resident family employed in the home occupation.

There shall be no exterior sign or display except as permitted in Article VII.

There shall be no exterior storage of materials or equipment.

There shall be no retail sales conducted on the premises, except nothing herein shall limit the sale of goods via online services.

There shall be no regular use of commercial vehicles for delivery and pickup of materials and products to and from the premises. Deliveries exceeding four per week shall be deemed "regular." The owner shall arrange to receive or deliver goods from other locations, e.g., the U.S. Post Office, so as to limit commercial deliveries within the neighborhood.

One or more principal buildings are permitted on a lot.

Retail, office, or personal-service business uses are permitted and shall clearly be accessory and incidental to the hotel or resort, shall be conducted in a principal building within which the guest sleeping rooms are situated, and shall not exceed 10% of the gross floor area of all principal buildings. Conference and meeting rooms are also permitted and shall occupy no more than 50% of the gross floor area of all principal buildings of the resort.

The minimum lot area shall be two acres for the first guest sleeping room, and one guest sleeping room for every 2,500 square feet of lot area thereafter. No resort hotel shall exceed 100 guest rooms.

Accessory structures shall be set back 50 feet from any lot line. Outdoor recreation use shall be set back 50 feet from any lot line, except that walking trails may be located no less than 25 feet from any property line unless said trail is connected to another trail located off-site, wherein no setback is required to achieve the connection.

Parking. The minimum parking requirements are as follows:

No loading, truck parking, trash containers or outdoor storage area shall be located within 100 feet of an adjacent residential zone. All such areas shall provide visual and noise screening to minimize impacts on adjacent residential property.

A lighting plan and landscaping plan shall be submitted in accordance with this Zoning chapter.

A floor plan shall be provided demonstrating compliance with the floor area requirements.

Shall meet the performance standards set forth in §§ 250-17 and 250-19.

Research and experimentation involving live animals is strictly prohibited.

All materials stored on-site shall be disclosed to the Planning Board, and material data safety sheets (MDSS) shall be submitted to ensure that hazardous substances are not stored in quantities to be a safety hazard to adjoining properties, the neighborhood, or Village as a whole. The Planning Board is authorized to set limits on the quantities and types of materials stored on-site to protect the health, safety and welfare of the Village.

The sale and storage of garden supplies, including hand tools, mulch, soil, decorative rock, pavers, and similar nonvegetative materials shall be allowed only where clearly incidental to the principal use. Said accessory materials shall not occupy more than 15% of the lot area.

The materials processing of organic or inorganic materials, including rock crushing, mulching, or soil screening is not permitted in conjunction with this use.

Landscape materials for retail and wholesale trade shall be contained within a solid fence at least six feet in height and shall include a gate which shall be locked after business hours.

The outside storage of goods, supplies, parts, materials, or equipment shall not be located within any required yard.

Outside storage areas shall not exceed 40% of the total lot area.

The Planning Board shall evaluate impacts related to noise, traffic, hours of operation, and lighting requirements and shall minimize to the greatest extent practicable any negative impacts on adjacent properties and uses.

With the exception of nursery stock, stockpiling of outdoor materials shall not exceed 15 feet in height.

The Planning Board may require screening of any outdoor storage areas.

The site plan shall clearly demonstrate that the use meets the requirements set forth above.

No laundromat shall be used by the general public unless under the continuous, direct supervision of an employee or owner during all hours of operation.

All laundry machines and locations must be approved by the Code Enforcement Officer prior to the installation of machinery. A floor plan showing the business premises and the location, type and manner of installation of all equipment shall be submitted with each license application.

No laundromat shall permit or allow machines to be used by any person who is less than 14 years of age. A suitable sign indicating such age restriction must be prominently posted and maintained on the premises.

All machines shall be fitted with a device which will prevent the opening of the door of any such machine while in operation and until all solvent vapors have been removed from any textile, fabric, garment or other article and from the drum in which the same shall be placed.

Spotting operations utilizing flammable liquid shall not be permitted in this type of occupancy.

The Planning Board shall establish the hours of operation.

Light industrial uses shall meet the performance standards contained in this Zoning chapter. All applications shall describe in detail the procedures and equipment to be utilized and shall further indicate the anticipated characteristics of the light industrial process in the framework of measurements provided by § 250-17G.

Multiple buildings are permitted on a lot, and buildings shall be separated no less than a minimum distance equal to the height of the tallest building adjoining them.

Light industrial buildings may be occupied by more than one tenant. No light industrial tenant shall occupy less than 10,000 square feet of floor area in any building.

All uses, processing and storage shall be within fully enclosed structures, and no tanks, cupolas, vents or other apparatus peculiar to the processing shall be visible outside the approved buildings. The facade of buildings and structures in light industrial use shall be compatible with adjacent development, and the site shall be fully landscaped. Outdoor storage of materials is prohibited. Indoor storage shall not exceed 50% of the gross floor area of the total gross floor area of the light industrial use.

The reuse of an existing space for light industrial use associated with a new tenant and involving new manufacturing processes, or the expansion of any light industrial use, shall be subject to special use permit and site plan review and approval. Where a building exists and no exterior alterations are proposed, the Planning Board may waive site plan submission.

A light industrial use shall be located on a lot with frontage on NYS Route 17 or NYS Route 59.

Truck-loading bays, if accessory to the use, shall be located along the side or rear of the building and shall not be permitted to front to a public street.

Subsequent to approval, tenant spaces may be leased without the need to obtain site plan approval, subject to the provisions of § 250-55B. Any new occupant business which is a special use within the applicable zoning district shall require a special use permit from the Planning Board.

A minimum fifty-foot-wide buffer shall be provided, consisting of planting materials, trees, berms, fences or combination thereof, shall be located between buildings and parking areas and the property line except that where a wider buffer is required elsewhere in this Zoning chapter, the more stringent standard shall apply.

There shall be no retail sales conducted on the site of a warehouse.

Light industrial uses are subject to architectural review and approval.

All materials stored on-site shall be disclosed to the Planning Board, and material data safety sheets (MDSS) shall be submitted to ensure that hazardous substances are not stored in quantities to be a safety hazard to adjoining properties, the neighborhood, or Village as a whole. The Planning Board is authorized to set limits on the quantities and types of materials stored on-site to protect the health, safety and welfare of the Village.

A floor plan shall be provided demonstrating compliance with the minimum floor area requirement per tenant.

A microbrewery shall obtain the appropriate manufacturing, wholesale, retail, marketing and/or other permits or licenses from the New York State Liquor Authority prior to the issuance of a certificate of occupancy.

No outdoor storage is permitted for a microbrewery.

The manufacturing, bottling or kegging process shall be carried out in an area fully concealed from any street or neighboring residential zone, and shall not produce noxious odors, dust, vibration, noise, effluent or other external impacts that cause a disturbance off-site.

Loading bays shall not face toward any street or adjacent residential use, or shall be screened from view if there is no alternative location for the loading bays other than facing the street.

The Planning Board shall assess the potential impacts associated with water usage, sanitary sewers, air and odors, noise and vibration.

A tasting room, restaurant or brewpub is permitted as accessory to a microbrewery, provided that the area dedicated to such use does not exceed 40% of the total gross floor area.

Access shall be provided either directly from NYS Route 17 or NYS Route 17 given the highways' ability to accommodate a higher number of vehicular trips.

No building or parking area shall be located closer than 50 feet to any public right-of-way or property line, or such greater minimum distance as may be required elsewhere in this chapter.

A nursery school program is allowed by special use permit, provided it is accessory to a place of worship or other community facility permitted in the applicable zoning district.

There shall be adequate safety provisions as determined by the Code Enforcement Officer.

A nursery school may be located only in a building that is otherwise used for public assembly.

A nursery school, regardless of whether it is conducted by a public or private operator, shall be licensed by the New York State Education Department and shall comply with 8 NYCRR Part 125 or the New York State Education law.

The requirements for accessory buildings shall apply to outdoor storage areas with respect to the minimum yard and height requirements.

The storage of materials such as lumber, building materials, contractor's equipment, shipping containers, trucks or tractor-trailers shall be clearly accessory to the principal use conducted on the same lot.

Outdoor material storage shall be contained within a fence of a design to be determined by the Planning Board at a minimum of six feet in height, including a locking gate.

Adequate landscaping shall be provided to screen stored materials from view of adjacent properties year-round.

The Planning Board may limit the materials stored on-site based on the potential fire, safety or other hazards they may pose. No materials that are deemed prohibited by the Zoning chapter shall be stored on site.

The site plan shall clearly demarcate the area to be used for outdoor storage, and said area shall not be expanded or relocated without an amendment to the special use permit.

Places of worship shall adhere to the bulk requirements set out in Table A, Schedule of General Use and Bulk Requirements.[1]

The hours of operation, including any educational classes that may be scheduled, shall be disclosed and made a condition of any approval.

A maximum floor area ratio (FAR) of 0.25 shall not be exceeded. The FAR shall apply to all principal and accessory buildings applicable to the use.

All structures and parking shall be screened from adjacent properties by evergreen plantings of sufficient height and diameter to substantially eliminate noise and traffic. The width of the planting screen shall not be less than 25 feet, and the Planning Board may require a wider buffer to meet this objective.

Parking shall be provided on-site, and requirements shall be determined based upon peak attendance, notwithstanding the frequency of any peak attendance event, and the number and layout designed in accordance with the Zoning chapter.

All structures shall be in harmony with the surrounding neighborhood and be of a similar architectural design. A place of worship is subject to architectural review and approval.

No parking or loading shall be permitted between the building and any street line on which the property fronts, although a dropoff shall be permitted outside the required front yard. All loading and delivery areas shall be located in the rear yard and shall be effectively screened to a height to eight feet from all adjacent residential properties and the public street.

Where the place of worship is a one-family detached residence, the owner must reside therein.

The structure must comply with all applicable sections of the current New York State Uniform Code.

With the exception of waivers to the New York State Uniform Code over which the Planning Board has no jurisdiction, the Planning Board shall have discretion to waive any number of these conditions to the extent necessary if same place a substantial burden on the religious exercise of a person, religious assembly or institution.

There shall be a showing that such facility is essential to serve the immediate neighborhood, that it cannot be located in any other type of district and that, if housed in a building, it harmonizes with the character of the neighborhood and has adequate fences and other safety devices, adequate screening and landscaping, and meets all other requirements of this chapter.

Access to such facilities shall be so located as to draw a minimum of vehicular traffic to and through residential streets.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers and other safety devices shall be provided, and landscape screening shall be provided to screen views of the utilities from adjoining properties unless waived by the Planning Board where adequate existing vegetation provides year-round screening.

Access to such facilities shall be so located as to draw a minimum of vehicular traffic to and through residential streets.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers and other safety devices shall be provided, and landscape screening shall be provided to screen views of the utilities from adjoining properties unless waived by the Planning Board where adequate existing vegetation provides year-round screening.

The bulk standards shall apply to the overall shopping center site.

Said shopping center plan, including its accessory on-site parking and loading facilities, access-and entranceways, landscaping and other elements of the plan, shall be as one comprehensive design showing the total concept, including total floor area of buildings, rather than a stage or stages with undefined future expansion areas.

The shopping center shall be designed with comprehensive and consistent architecture and shall be subject to architectural review.

Multiple buildings are permitted on a lot, and buildings shall be separated no less than a minimum distance equal to the height of the tallest building adjoining them.

Green infrastructure stormwater facilities are to be installed, including the use of landscape parking aisles for this purpose, unless the Village Engineer determines that said infrastructure techniques are not feasible due to the unique soil and other conditions of the site.

Retail, personal service, health fitness facility, restaurant, and office uses are allowed in the shopping center. The Planning Board, in its discretion, may allow any other use allowed in the zoning district within which the shopping center is located. Where the use is allowed by special use permit, the Planning Board shall determine what bulk and other standards shall be applied if said use is situated in a shopping center. See Subsection DD(10) below.

Any site plan for a shopping center shall detail the circulation system and means of connecting the shopping center with existing highways or streets. A traffic study shall be submitted with the application to ensure that the center does not have a significant adverse impact on the surrounding transportation network. The Planning Board shall transmit the plan to the Fire Department for review and comment.

The shopping center may be developed with individual lots that may be sold to another corporation or franchise but shall be subject to all conditions set forth in the overall site plan.

A maintenance plan shall be submitted which details how the site will be maintained kept refuse-free and clean. Management of the shopping center and/or tenants of individual buildings shall provide the Village with the name and number of the maintenance organization responsible for maintaining the site.

Subsequent to approval, tenant spaces may be leased without the need to obtain site plan approval, provided the use is a permitted use as shall be determined by the Code Enforcement Officer. Any new occupant business which is a special use within the applicable zoning district shall require a special use permit from the Planning Board. The Planning Board may waive the requirement for a site plan where there will be no exterior changes to the location which the special use will occupy.

Any changes to the overall site improvements as shown on the site plan, including parking layout, size and location of landscaped areas, lighting, expansion of any buildings, renovations to the architecture, and such other changes, shall be referred to the Planning Board, which shall determine whether an amended special use permit and/or site plan approval is required.

A pool may be installed or maintained in any residence district or in any nonresidence district where specifically permitted.

The pool shall be an accessory use and located on the same lot of the use it serves and shall be located in a rear or side yard.

When accessory to a one-family residence, such pool shall be subject to the same requirements as accessory buildings, but in no case may be located closer than 20 feet from any lot line in an R-60 residence district or 10 feet from any lot line in any other residence district.

The portion of the premises upon which an in-ground pool is located shall be entirely enclosed with a good-quality security fence, which, any other provision of this chapter notwithstanding, shall have a height of not less than four feet. All gates or doors opening through the fence shall be equipped with self-closing and self-latching devices designed and capable of keeping such gates or doors securely closed at all times when not in actual use. Said fence shall be of a type approved by the Code Enforcement Officer. Aboveground pools shall have removable or folding-type steps, which shall be kept in a nonaccessible position when the pool is not in use.

Every gate or other opening in the fence enclosing such pool shall be kept securely locked at all times when said pool is not in use.

The pool shall not be located in any front yard.

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York State Sanitary Code relating to public swimming pools.

Where the proposed pool is so located or is of such height or design that protective fencing is not required by code, the Code Enforcement Officer may, at his discretion, issue a permit for the installation of the pool without such fencing. The Code Enforcement Officer shall, however, first make a written finding to the effect that, in his opinion, the said pool has protection from entry equivalent to that afforded by the installation of a fence. Fencing shall comply with New York State Building Code requirements.

The pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed that the noise shall not interfere with the peace, comfort and repose of the occupant of any adjoining property.

No permission shall be granted for the installation of any swimming pool unless the plans meet the minimum Village of Hillburn construction requirements, if applicable, nor until the owner has filed with the Code Enforcement Officer a certification that the drainage of such pool is adequate and will not interfere with the public water supply system, the existing sanitary facilities, adjoining neighbors, and with the public highways.

Where necessary, approval shall be required from the Code Enforcement Officer and New York State Underwriters Inspector that proposed electrical requirements are met.

The principal building within which the food processing occurs shall not exceed 20,000 square feet. The maximum building height shall be two stories or 25 feet.

Adequate parking facilities shall be provided for employees and visitors. Visitor spaces shall be located so as not to create conflicts between pedestrian movements and food processing activities.

All wastes shall be stored indoors or shall be screened and fenced in a location not visible to the public. No waste that emanates odors shall be stored outdoors.

Outdoor storage of materials and products used in the food processing operation only is permitted and shall be screened from public view. No materials shall be stored at a height greater than 15 feet. A combination of fencing, supplemental plantings and/or landscaping shall be provided to screen storage areas from public viewing areas.

All parking facilities shall be located no closer than 50 feet to any property line.

A lighting plan and landscaping plan shall be submitted in accordance with this Zoning chapter.

The site development plan shall provide for two off-street parking spaces per dwelling unit.

Not more than 25% of the front yard shall be paved for, or used as, parking or driveway purposes.

If parking for more than two cars is provided in side or rear yards, adequate vegetative screening and/or fencing at least four feet in height shall be provided along the property line. No parking space or driveway shall be located closer than five feet to any side or rear lot line. Overnight parking shall not occur with the required front yard.

Each dwelling unit shall have a separate entrance.

Two-family dwellings shall be connected to the public sewer system.

Each dwelling unit shall have at least 1,000 square feet of floor area.

The Planning Board shall make a specific written finding that the proposal is consistent with the character of the surrounding area.

These provisions shall not be interpreted as allowing a self-storage facility open to the general public for the storage of merchandise for a fee.

Outside storage shall be prohibited.

Truck-loading bays shall be located at the rear or side of the building, as determined by the Planning Board, and shall be appropriately screened from any public roadway and neighboring properties.

Access drives shall be a minimum width of 24 feet. At least two access drives shall be provided.

Storage of gasoline or other volatile petroleum products, radioactive materials, explosives or flammable or hazardous chemicals shall be prohibited, and all performance standards set forth in this Zoning chapter shall be met. All materials stored on-site shall be disclosed to the Planning Board and Code Enforcement Officer, and material data safety sheets (MDSS) shall be submitted to ensure that hazardous substances are not stored in quantities to be a safety hazard to adjoining properties, the neighborhood, or Village as a whole. The Planning Board is authorized to set limits on the quantities and types of materials stored on-site to protect the health, safety and welfare of the Village.

A minimum fifty-foot-wide buffer shall be provided, consisting of planting materials, trees, berms, fences or combination thereof, and shall be located between buildings and parking areas and the property line, except that where a wider buffer is required elsewhere in this Zoning chapter, the more stringent standard shall apply.

A warehouse may provide storage of commercial goods, wares, or merchandise for a single use or multiple uses. No individual tenant space shall be less than 5,000 square feet in area.

There shall be no retail sales conducted on the site of a warehouse.

Multiple buildings are permitted on a lot, and buildings shall be separated no less than a minimum distance equal to the height of the tallest building adjoining them.

Warehouses are subject to architectural review and approval.

Subsequent to approval, tenant spaces may be leased without the need to obtain site plan approval, subject to the provisions of § 250-55B. Any new-occupant business which is a special use within the applicable zoning district shall require a special use permit from the Planning Board.

Any changes to the overall site improvements as shown on the site plan, including parking layout, size and location of landscaped areas, lighting, expansion of any buildings, renovations to the architecture, and such other changes, shall be referred to the Planning Board, which shall determine whether an amended special use permit and/or site plan approval is required.