Prior to approving any special permit use, the appropriate lead agency shall determine the conformity of such use and the proposed development therefor with conditions and standards as set forth in this chapter, including the conditions and standards as set forth for site development plans.
A. 
The proposed use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and not be detrimental to the site or adjacent properties in accordance with the zoning classification of such properties.
B. 
The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous.
C. 
The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the development and use of adjacent land and buildings.
D. 
The proposed use will not require such additional public facilities or services, or create such fiscal burdens upon the Village greater than those which characterize uses permitted by right.
E. 
As a condition of all special use permits, right of entry for inspection with reasonable notice shall be provided for to determine compliance with the conditions of said permit.
F. 
As a condition of all special use permits, a limitation may be imposed upon the time period for which the permit is valid, the permit shall be reviewed upon the transfer of the permit from one owner or user to another.
G. 
In addition to the general standards for special use permits as set forth above, the approving Board may, as a condition of approval of any such use, establish any other additional standards, conditions and requirements, including a limitation on hours or days of operation, as it may deem necessary or appropriate to promote the public health, safety and welfare and to otherwise implement the intent of this chapter.
A. 
Hotel and motel units shall not contain kitchen or cooking facilities of any nature, shall not be used as apartments for nontransient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two. There shall be no more than one hotel or motel unit for each 2,500 square feet of site area exclusive of required setbacks.
B. 
Each hotel or motel room shall have an area of at least 300 square feet. Each hotel or motel unit shall have a bath facility with at least a shower or bath, one toilet facility and sink. No motel or hotel building shall exceed a height of two stories or 28 feet, whichever is less, except in VC Zoning Districts where three stories or 30 feet shall be permitted. Access to all hotel and motel rooms shall be from interior corridors.
C. 
Each hotel or motel shall have at least one coffee shop for hotels or motels with no more than 100 rooms. For hotels or motels of over 100 rooms, a restaurant is required and a coffee shop is permitted. Such facilities shall be located within the hotel or motel building, must be open for business a minimum of 12 hours per day, and shall be subject to the provisions of § 210-106 of Article XII.
D. 
Each hotel or motel shall have amusements and sports facilities for the exclusive use of hotel guests, including:
(1) 
Swimming pool.
(2) 
Children's playground.
(3) 
Tennis and other game courts.
(4) 
Game or recreation rooms.
E. 
Each hotel or motel shall have an office and lobby.
F. 
Each hotel or motel shall have meeting and/or conference rooms.
G. 
All hotels and motels shall be equipped with sprinkler and fire alarm systems in accordance with the New York State Uniform Fire Prevention and Building Code or successor standards adopted by New York State.
H. 
One apartment with or without kitchen facilities for the use of the hotel or motel manager or caretaker and family within the motel building is a permitted accessory use.
I. 
No parking, other than for deliveries, is permitted for tractor-trailers.
A. 
One stable shall be provided for each horse housed on the site, and there shall be no stabling of animals or storage or use of manure or other dust-producing substances within a distance of 200 feet of any lot line. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property. Screening shall be required between such use and any other nonagricultural use.
B. 
Public events, demonstrations, horse shows, rodeos and competitive events held in connection with riding academies or stables shall be considered principal uses for purposes of lot area and setback and shall conform to the appropriate bulk requirements.
Gasoline service stations are special permit uses in the NS and VC Districts and are subject to the restrictions as set forth in Article III, as well as the following standards:
A. 
No station shall be located closer than 200 feet from a school of general instruction, public recreation area, hospital, or place of worship, measured to the lot lines thereof.
B. 
Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
C. 
Pumps, pump islands and canopies are structures and shall not be located in any required yards or setbacks, except that the Planning Board may allow canopies to extend into the setback but not into any yard. No outdoor display of products not associated with the gasoline service station use shall be permitted.
D. 
Screening. A ten-foot wide landscaped area shall be provided along all gasoline service station property lines, excluding the front line, property lines adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, planting shall not interfere with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
E. 
Maintenance and operation. Due to the extent of land use impacts from such stations which are a product of exterior operations, the following requirements shall be made and noted on the site development plan:
(1) 
All vehicles at gasoline service facilities, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck or trailer rentals shall be permitted.
(2) 
There shall not be any outside storage or display of accessories or portable signs when gasoline service facilities are not open for business.
(3) 
Rubbish, oil cans, tires, discarded motor vehicle parts and components and any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the gasoline service station building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above-mentioned items outside of such enclosure.
(4) 
No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline.
(5) 
During the hours that a gasoline service station is open, all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.
(6) 
All landscaped areas designated on the gasoline service station site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.
F. 
Vehicle sales prohibited. The offering for sale and sale of new or used motor vehicles is prohibited. This prohibition includes the display of registered or unregistered vehicles with any "for sale" sign thereon.
G. 
Discontinuance of use. In the event a gasoline service station is abandoned, as determined by the Building Inspector, the owner, lessee and/or motor-fuel supplier of said gasoline service station shall immediately remove the tanks, gasoline pumps, all identification signs and lighting poles. In lieu of removing the tanks, said owner and/or lessee shall remove the flammable liquids therefrom and fill all tanks with water for a three-month period only, and thereafter with a solid material. The owner and/or lessee shall also provide adequate protection against unlawful entry into the buildings and onto the property and shall close all vehicular entrances to the property to prevent the storage of abandoned vehicles thereon.
A. 
The Planning Board may permit camps, day camps and recreational facilities upon terms and conditions limiting the periods of operation.
(1) 
Access to such facilities shall be limited to improved state, county, town or Village roads shown as major roads on the Official Map.
(2) 
Camps and day camps may include structures for overnight accommodations, provided that no heating or plumbing facilities are installed that permit residential year-round occupancy. Covenants precluding such occupancy shall be recorded in the County Clerk's office.
(3) 
Camps and day camps shall not be deemed to include any trailer or recreation vehicle campers' facilities, nor shall accommodations of any sort be offered for transient or overnight camping.
B. 
Swimming clubs or swimming pools, other than private residential swimming pools, shall be classified and located as follows:
Type of Pool
(Class)
Maximum Area
(square feet)
Minimum Setback from Any Property Line
(feet)
A
Over 3,500
200
B
Over 2,500
175
C
Over 1,500
150
D
1,500 or less
100
C. 
All recreational facilities shall comply with the minimum setback requirements of Article IV, Bulk Tables.
D. 
Lighting. If outdoor lighting is provided for any of the foregoing recreational facilities, including swimming pools, which permits use of the facilities after 10:00 p.m., the applicable setback requirements for such facility shall be doubled. All lighting shall be located so as not to be visible at the source from any adjoining property.
E. 
Parking. All parking areas and spaces shall have dustless surfaces.
F. 
Enclosed buildings. All facilities, such as casinos and recreational halls shall be located within completely enclosed buildings.
The standards for senior citizen housing developments shall be as follows:
A. 
It shall be the duty of the owner or his agent to file a certification with the Building Inspector indicating compliance with this chapter's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year.
(1) 
In the case of sale units or cooperative or condominium units, the contract of sale shall include a covenant restricting occupancy of said unit to those persons permitted by this district. Said provision shall be reviewed by the Village Attorney and shall be included with the contract of sale and filed with the County Clerk.
B. 
No dwelling units shall contain more than two bedrooms, except that one dwelling unit for a superintendent may be provided which shall consist of no more than three bedrooms.
C. 
Except for the superintendent and his or her immediate family, the occupancy of a senior citizen housing development shall be limited to persons who qualify as senior citizens under present, future or amended definitions of a governmental agency providing subsidy or support to the project; or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant or is the spouse of such eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 55 years.
D. 
Persons under the age of 18 shall not be permitted to be permanent residents of dwelling units. For the purposes of this regulation, permanent residents shall mean any person who lives in the dwelling for more than four weeks at one time, or has listed the residence as a dwelling for purposes of enrollment for public schools.
E. 
Accessory uses.
(1) 
Within the senior citizen housing development, certain related accessory facilities may be permitted, either in a separate building or in combination with a building containing dwelling units, such as dining facilities, self-service laundries, lounges, game rooms, workshops or medical infirmaries, for use of the occupants and not for general public use. Such facilities shall be subordinate to the residential character of the development and with no outside advertising. The Planning Board shall expressly approve such facilities. At a minimum, the Planning Board shall require all senior citizen housing developments to have a common meeting room of sufficient size, in the Planning Board's judgment to meet the needs of the development.
(2) 
In addition, permitted accessory uses include administrative, social and recreational buildings, structures and areas. Facilities may include, but are not limited to:
(a) 
Swimming pools, tennis courts, open field areas, passive sitting areas, picnic facilities, walking trails, shuffle board and bocci courts.
(b) 
Off-street parking and private garage facilities.
(c) 
Fences and walls, utility and maintenance structures.
(d) 
A single-family dwelling unit to be utilized and occupied as a residence exclusively for the director of the facility, administrator or other head of operations whose presence on the site is essential for the effective operation of the facility.
F. 
The site density shall not exceed 20 dwelling units per net acre for multifamily units and a maximum of six dwelling units per net acre for townhouses or patio homes. Net acreage shall be determined in accordance with Article IV, § 210-29A.
G. 
Coverage; open space.
(1) 
Development coverage shall not exceed 60%, including building, walks, parking areas and driveways, regardless of construction material. Building coverage shall not exceed 20%.
(2) 
A minimum of 15% of the total lot area shall be set aside as open space to remain in its natural undisturbed state. This area may include buffer areas as required in this section. An additional 10% of the site shall be devoted to active and passive recreational uses such as recreation and social gathering areas, walkways, sifting areas, gardens and adjacent usable open space.
H. 
In areas zoned VC at the time of petition for an RSH Zone, the maximum building height shall be 40 feet with maximum three stories (currently 35 feet and two stories), whichever is less. In areas zoned NS at the time of the petition for the RSH Zone, maximum height shall be 35 feet with a maximum of two stories. In all residential zones, the maximum building height shall be 35 feet with a maximum of two stories.
[Amended 10-16-2023 by L.L. No. 6-2023]
I. 
The minimum distance between detached buildings shall be 50 feet.
J. 
Group sitting areas shall be well-defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.
K. 
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. Walks and drives shall be connected to walks and drives on adjoining property wherever possible.
L. 
Central refuse collection areas shall be located for the convenience of all units. They shall be supplied with an adequate number of covered receptacles and shall be provided with proper screening and maintenance.
M. 
All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. The requirement which prohibits parking in required yards (Article VII, § 210-48A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen housing developments.
N. 
The required side and/or rear yard may be decreased to 10 feet where abutting another senior citizen housing development.
Automobile sales and service agencies for the sale and servicing of new and used motor vehicles, accessories and customary accessory uses that existed in the former Community Shopping District (CS) on June 1, 1999, may be permitted, provided that such agencies are franchised dealers or factory-owned dealerships of new motor vehicles and that all operations are conducted from the same site and subject to the following requirements, except as hereinafter set forth:
A. 
The display area for vehicles shall not exceed 110 feet in depth, extending between the front yard line and principal building, and not more than 10 vehicle display spaces shall constitute a display group, with each group being separated by significant landscape elements.
B. 
The lighting level shall not exceed three foot-candles within a display area, and no banners, pennants and string flags are permitted. No signs, including numbers, prices or other advertising message, shall be displayed so as to be visible to the public right-of-way, except display window area pursuant to the site development plan rules and regulations.
C. 
All motor vehicle storage, other than the display area and customer parking, shall be fully fenced and screened from the side and rear property lines. All other accessory uses, including servicing, shall be conducted within fully enclosed structures. Gasoline service, if provided, shall be located to the rear of the principal building. Oil and gasoline storage shall be solely in underground tanks.
D. 
Where the use involves display or sales of recreational vehicles, with gross vehicle weight exceeding 5,000 pounds, or trucks and commercial vehicles, such as buses or tractors, the Planning Board shall increase the applicable yards by a factor computed on the basis of the vehicle height divided by five feet six inches.
E. 
Bulk requirements for said use shall be those included in the CS Zone on June 1, 1999. Said use may be permitted to expand up to the limits permitted therein.
F. 
An additional display area not subject to Subsection A shall be permitted, provided that such is on the premises which adjoins the site above referred to and is used for such display during the time that the permitted use of an automobile sales and service agency is being conducted on the site, and further provided that the owner or lessee of the site is the owner or lessee of the adjoining premises.
A. 
No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for a superintendent may be provided which shall consist of no more than three bedrooms.
B. 
Except for the superintendent and family, the occupancy of a housing development for the physically handicapped shall be limited to single persons who qualify as physically handicapped under present, future or amended definitions of the governmental agency providing subsidy or support to the project or to families, the head of which so qualifies, except that occupancy of a dwelling unit by a family, the head of which is not physically handicapped, shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant.
C. 
Within the housing development, certain related accessory facilities may be permitted either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no exterior advertising. Such facilities shall be expressly approved by the Village Board. Approval of a special use permit and site development plan for dwelling units in a housing development for the physically handicapped in no way constitutes approval for installation of any type of related facility.
D. 
The gross site density shall not exceed 10 units per acre.
E. 
The maximum building height shall be 15 feet or one story.
F. 
The minimum distance between detached buildings shall be 1 1/2 times the taller building.
G. 
Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designed to impart a sense of containment or security and to provide group privacy.
H. 
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 the needs of the physically handicapped; such facilities shall be adequately lighted and said lighting shall not be directed on adjacent streets or properties.
I. 
Facilities for refuse disposal shall be provided for all dwelling units. Central collection areas shall be maintained and conveniently located for all groups of units. The collection areas shall be properly screened and supplied with all covered receptacles required for tenant use.
J. 
All parking areas, driveways, recreation areas and refuse collection areas shall be no closer than 10 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line; these dimensions may be reduced by the Planning Board upon site plan approval where local conditions warrant. Such areas between said facilities and lot lines shall be landscaped with suitable screening.
K. 
The front yard depth may be reduced by the Planning Board upon site development plan approval where local conditions warrant and substitute measures are provided for the protection of neighboring properties.
The standards for congregate care housing developments shall be as follows:
A. 
It shall be the duty of the owner or his agent to file a certification with the Building Inspector indicating compliance with this chapter's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year.
B. 
At least 40% of the dwelling units shall be one-bedroom units. No dwelling unit shall contain more than two bedrooms.
C. 
Except for the necessary staff and their families, the occupancy of a congregate care housing development shall be limited to individual men and women 60 years of age or above or married couples 60 or above in which one of the partners is at least 60.
D. 
Within the congregate care housing development, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, formal dining rooms, family dining area, self-service laundries, lounges, exercise rooms, game rooms, arts and crafts workshops, libraries, music rooms, auditoriums/social halls, meeting rooms for residents, offices for visiting governmental agencies or medical infirmaries, housekeeping service, transportation service and nursing service, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be expressly approved by the Village Board. Approval of a special use permit and site development plan for dwelling units in a congregate care housing development in no way constitutes approval for installation of any related facility.
E. 
The gross density shall not exceed 15 units per acre.
F. 
The maximum development coverage shall not exceed 40%, including buildings, walks, parking areas and driveways regardless of construction material. Parking areas above the ground floor, if any, within a building shall not be counted in computing said coverage. Building coverage shall not exceed 20%.
G. 
The maximum building height shall be 30 feet or two stories, whichever is less.
H. 
The minimum distance between detached buildings shall be 50 feet.
I. 
Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well-defined by walls, fences, hedges, or other plantings designed to impart a sense of containment or security and to provide group privacy.
J. 
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, grab bars, walking trails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.
K. 
The outside storage of refuse, if permitted, shall be in rodent-proof containers and shall be provided with proper screening and maintenance.
L. 
All parking area, driveways, recreation areas and refuse collection areas shall be no closer than 25 feet to any building or lot line, and any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line. Such areas between said facilities and lot lines shall be landscaped with suitable screening. The requirement which prohibits parking in required yards (Article VII, § 210-48A) may be waived by the Planning Board along property lines which abut parking areas or drives in contiguous senior citizen or congregate care housing developments.
M. 
The required side and/or rear yard may be decreased to 10 feet where abutting another congregate care or senior citizen housing development.
N. 
All developments shall provide proper access for fire-fighting equipment and personnel and shall provide hydrants in such number and location and with such water pressure as may be determined adequate and approved by the Planning Board, based upon the recommendation of the Building Inspector and Fire Department having jurisdiction.
O. 
All developments shall be connected to public sewer systems in accordance with standards approved by the Village Engineer.
P. 
Buildings shall be constructed of fireproof construction and shall include the following minimum safety standards for its guests and residents:
(1) 
All doors shall be of sufficient width to accommodate wheelchairs.
(2) 
All dwelling units and communal facilities shall be adaptable for use by nonambulatory persons.
(3) 
Wherever steps are located, ramps or elevators shall be provided for the physically handicapped as required.
(4) 
Emergency signal facilities shall be provided in each dwelling unit, located three to four feet above floor level, and shall register a signal at a central location(s) to permit twenty-four-hour-a-day monitoring.
(5) 
Toilet facilities located within individual dwelling units shall be adaptable for the installation and utilization of grab bars.
(6) 
Grab bars shall be located around all tubs and showers. Such grab bars shall be of the same size and height as required by the New York State Uniform Fire Prevention and Building Code or successor standards adopted by New York State for the toilet facilities.
(7) 
All floor surfaces shall be nonskid.
(8) 
Central heating and air conditioning shall be individually adjustable for each dwelling unit.
Restaurants in PO Zones are permitted only as accessory uses to a use permitted by right, subject to the following supplemental requirements:
A. 
The restaurant shall be entirely enclosed within a principal building on the lot and shall not occupy more than 25% of the gross floor area of said building.
B. 
Not more than one restaurant shall be permitted on a lot.
C. 
The restaurant shall not be a drive-in or drive-through or other fast-food-type facility.
D. 
There shall be no exterior display or exterior advertisement of the restaurant on the lot except for such signs as may be approved by the Planning Board.
E. 
No amplified music audible beyond the premises nor video games shall be permitted within the restaurant.
F. 
The Planning Board shall require, as part of site plan review, such acoustical materials to be installed as may be necessary to limit noise levels emanating from the restaurant in order to protect the quiet enjoyment of other users of the building.
G. 
In addition to all other requirements of the zoning district in which it is situated, the minimum parking requirement for a restaurant shall be one parking space for every four seats within the restaurant plus five additional spaces.
H. 
The Planning Board shall require, as part of site plan review, such filtration or other systems as may be necessary to limit the emission of odors emanating from the restaurant.
I. 
The Planning Board shall require, as part of site plan review, the placement and manner of storage of garbage so as to be rodent- and vermin-free and nonodorous.
J. 
The restaurant shall not be cafeteria style nor provide food counter service. Table waiter/waitress service shall be provided.
K. 
The restaurant shall comply with all federal, state, county and local laws, rules and regulations governing the operation of such facilities.
L. 
The Planning Board shall consider, as part of site plan review, the following:
(1) 
Provisions for indoor waiting area;
(2) 
Provisions for delivery of food and supplies;
(3) 
Provision for kitchen exhaust, preferably through the roof of the building;
(4) 
Restrictions on the amount of space within the restaurant to be used for bar liquor service.
M. 
Special use permits for restaurants in PO Zones shall expire automatically upon a change in use or ownership of the restaurant.
A. 
Fast-food restaurants are permitted as part of a shopping center or as a freestanding unit on a minimum of two acres in the VC district.
(1) 
Fast-food restaurants are permitted only as part of a local convenience shopping center in the NS district.
B. 
Litter receptacles shall be provided at a ratio of one receptacle for every four parking spaces and every 10 seats provided. They should be distributed throughout the parking area and seating areas for maximum customer convenience. They should be located adjacent to both pedestrian and vehicular exits from the site and adjacent to exits from the building and any outdoor seating. Receptacles at vehicular exits should be designed to be used by customers in their cars. The number of litter receptacles may be reduced at the discretion of the Planning Board, if the Board finds that the required number of receptacles is excessive or detracts from the aesthetic appearance of the site.
C. 
Drive-through service accessory to a fast-food restaurant.
(1) 
Drive-through facilities shall not inhibit traffic movement around the site, or ingress and egress from the site.
(2) 
In the NS district, a landscaped buffer of not less than 20 feet shall be provided between the drive-through aisles and service window, and any lot in a residence district, to ensure that headlights are not visible.
(3) 
In the VC district, a landscaped buffer or fence shall be provided so that headlights from the drive-through aisles and service window are not visible to the adjacent lot or street.
A. 
The minimum lot size shall be 40,000 square feet.
B. 
Exercise pens and runways shall not be located within 300 feet of any lot line.
C. 
All facilities shall be permanently screened from all surrounding properties.
D. 
For animal hospitals and veterinary clinics, all facilities other than exercise pens and runways shall be maintained in enclosed structures which shall be of soundproof construction and so maintained as to produce no dust or odors at the property line.
E. 
In issuing the special permit, the permit shall stipulate the maximum number and type of animals so boarded, harbored or trained.
Contractors' storage yards may be permitted in the PI District, subject to the following requirements:
A. 
The Planning Board may require that all building materials, equipment and supplies be located within enclosed buildings or open sheds.
B. 
Outdoor storage areas, if any, shall be limited to those specific locations and designated limits approved by the Planning Board. Such outdoor storage areas shall be heavily screened and landscaped from all street lines and lot lines, as may be required by the Planning Board.
C. 
The Planning Board may require conformance with any requirements recommended by the fire department having jurisdiction. In no case shall the storage of any flammable materials be permitted within 150 feet of any lot line.
D. 
The Planning Board may require conformance with any other necessary requirements in order to prevent a nuisance to neighboring properties by reason of dust, noise, odor or any other nuisance which the Planning Board feels will be associated with the intended use.
Sales and showroom facilities shall be permitted in the PI District subject to the following comments:
A. 
Sales and showroom facilities shall be permitted for products fabricated, processed, converted, altered, or assembled on premises or locations on the site in question, or for wholesale and retail sales in connection with a wholesale or warehouse business.
B. 
In addition to the off-street parking space required for the other uses allowed, two off-street parking spaces shall be provided for the space allocated to sales and showroom facilities on the basis of one parking space for each 200 square feet devoted to such use. Such parking spaces shall be provided in areas convenient to the entrances to the sales and showroom facilities.
C. 
Special loading and parking areas shall be provided for the sales and showroom facility space, which shall not coincide or conflict with off-street loading space required for the basic use of the premises.
Shopping Centers are special permit uses in the VC Village Center and NS Neighborhood Shopping Zoning Districts. The following characteristics shall be included and noted on the site development plan and attached narrative:
A. 
No individual commercial establishment exceeding 80,000 square feet in size, in a VC Zone.
B. 
Multiple buildings, facade treatments or setbacks are required in the Village Center (VC) and Neighborhood Shopping (NS) zones, unless waived by the Planning Board upon the recommendation of the Architectural Review Committee. In its deliberations, the Planning Board shall consider whether the proposed style is consistent with Village planning objectives as set forth in the Comprehensive Plan. Since buildings may not be physically connected, a sense of cohesion must be created. This may be accomplished in a number of ways, including the consistent application of:
(1) 
Architectural features that may be characteristic of a particular style.
(2) 
Type and number of building components (windows, doors, eaves, parapets).
(3) 
Building materials and color scheme.
(4) 
Signs, awnings or flags.
(5) 
Lighting.
C. 
A common interrelated parking and site circulation system with minimal curb cuts and consolidated access to public roads. Common parking facilities and access and circulation drives provided for the use of patrons of all tenants in the shopping center. A coordinated, safe, and efficient system for circulation of vehicles, patrons and deliveries throughout the shopping center. A minimum of 15% of the total parking area shall be landscaped. The parking area shall include the entire area of the site devoted to parking spaces including an area of up to 15 feet beyond the outer limit of the paved area.
D. 
A minimum of one tree per 10 spaces provided in the parking area.
E. 
To the maximum practical extent individual establishments oriented to pedestrian traffic by access signs and display, which are not generally visible or only incidentally visible to the parking areas.
F. 
Common amenities provided to patrons apart from the commercial establishments, such as benches, site decoration, landscaping and the like.
G. 
Common spaces which are available for public assemblage, special events and local notices.
H. 
To the maximum practical extent, multiple structures, facade treatment and setbacks shall be utilized to create interest and a Village environment.
Local convenience shopping centers are special permit uses in the NS Neighborhood Shopping Zoning District. The following characteristics shall be included and noted on the site development plan and attached narrative for such a center on 10 acres or more:
A. 
The total square footage of space shall not exceed 80,000 square feet.
B. 
No individual commercial establishment shall exceed 20,000 square feet, except one establishment may not exceed 65,000 square feet in size. In no event shall the total square footage of the shopping center exceed 80,000 square feet.
C. 
Multiple buildings, facade treatments or setbacks are required in the Village Center (VC) and Neighborhood Shopping (NS) zones, unless waived by the Planning Board upon the recommendation of the Architectural Review Committee. In its deliberations, the Planning Board shall consider whether the proposed style is consistent with Village planning objectives as set forth in the Comprehensive Plan. Since buildings may not be physically connected, a sense of cohesion must be created. This may be accomplished in a number of ways, including the consistent application of:
(1) 
Architectural features that may be characteristic of a particular style.
(2) 
Type and number of building components (windows, doors, eaves, parapets).
(3) 
Building materials and color scheme.
(4) 
Signs, awnings or flags.
(5) 
Lighting.
D. 
A common interrelated parking and site circulation system with minimal curb cuts and consolidated access to public roads. Common parking facilities and access and circulation drives provided for the use of patrons of all tenants in the shopping center. A coordinated, safe, and efficient system for circulation of vehicles, patrons and deliveries throughout the shopping center. A minimum of 15% of the total parking area shall be landscaped. The parking area shall include the entire area of the site devoted to parking spaces including an area of up to 15 feet beyond the outer limit of the paved area.
E. 
A minimum of one tree per 10 spaces provided in the parking area.
F. 
To the maximum practical extent individual establishments oriented to pedestrian traffic by access signs and display, which are not generally visible or only incidentally visible to the parking areas.
G. 
Common amenities provided to patrons apart from the commercial establishments, such as benches, site decoration, landscaping and the like.
H. 
Common spaces which are available for public assemblage, special events and local notices.
I. 
To the maximum practical extent, multiple structures, facade treatment and setbacks shall be utilized to create interest and a Village environment.
J. 
Where said shopping center includes a store of greater than 35,000 square feet, there shall be a buffer with a minimum depth of 150 feet from any development, or improvement, including but not limited to utilities, buildings, driveways, or parking areas, to any adjoining residentially zoned property. Where the owner of the NS-zoned property owns the adjoining residentially zoned property, said residentially zoned property may be utilized in whole or in part as the buffer. The buffers shall be committed to permanent open space and no development, improvements, including but not limited to utilities, driveways, or parking areas, public or private road shall be permitted on this land. Said buffer shall be made permanent open space by the filing of a restrictive covenant with the Village Board and the Rockland County Clerk, or dedication of the buffer to the Village at the option of the Village Board.
K. 
For any such site with frontage on Route 59, as an incentive to create an attractive, landscape buffer along the frontage, development or improvements, including but not limited to utilities, buildings, driveways or parking areas, may extend up to the NS Zone boundary provided all buffer requirements are satisfied. No development or improvements, including but not limited to utilities, buildings, driveways, or parking areas, may extend beyond the NS boundary. The Planning Board may require adequate screening from residential lots in the form of landscaping, fencing or similar means.
L. 
In order to qualify for the conditions outlined herein, such an NS development may not create a traffic level of service (LOS) on adjoining roadways and intersections including individual lane groupings below the LOS that exists prior to the development.
Adult establishments are permitted in the VC District subject to the following requirements:
A. 
No more than one adult establishment shall be located on any lot.
B. 
No adult establishment shall be established closer than 1,000 feet from the lot line of any other lot upon which an adult establishment is located.
C. 
No adult establishment shall be established closer than 1,000 feet from the lot line of any lot upon which a house of worship, public or parochial school, or 1,000 feet from the lot line of any residence district or lot upon which a day-care center is located.
D. 
An adult establishment must comply with the parking requirements as set forth in this chapter as per Article VII.
Outdoor seating for restaurants, neighborhood restaurants and fast-food restaurants shall be subject to the following conditions:
A. 
Off-street parking shall be provided in the same ratio as for indoor seating.
B. 
Seating shall be arranged so that there is no obstruction to ingress/egress to any structure for customers, emergency personnel and handicapped persons. Said seating shall not be located closer than six feet to a parking lot. If permission is granted to utilize a public walk, a minimum of six feet shall be left clear at all times.
C. 
Tables and chairs shall be of such design or layout that they will not become safety hazard in wind conditions.
D. 
Trash receptacles shall be provided in close proximity to the seating area.
E. 
If the parcel on which said outdoor facilities are located adjoins a residential zoning district, said facilities shall be screened so that noise is not discernible on residential property and lights are shielded.
F. 
A plan for policing the area shall be submitted so that litter does not remain visible on the site and will not be transmitted to adjoining sites.
A. 
No such use shall be located closer than 200 feet from a school of general instruction, public recreation area, hospital, or place of worship, measured to the lot lines thereof.
B. 
No such use shall be located within 2,000 feet of another automotive repair and maintenance facility on the same frontage or within 1,000 feet on the opposite frontage. A valid permit for an automotive repair and maintenance facility on property shall be deemed to be such a use for purposes of these measurements.
C. 
Access points shall be located a minimum of 100 feet from the intersection of the designated street lines. All accesses shall be defined by the use of concrete curbing and shall be designed to provide safe and convenient travel without the potential for backing vehicles into the public street.
D. 
No outdoor display of products not associated with automotive repair shall be permitted.
E. 
Screening. A ten-foot wide landscaped area shall be provided along all property lines excluding the front line property lines, adjacent to existing commercial uses and access points. The landscaped area shall be densely planted with a mixture of shrubs, trees and a fence, not less than six feet high, which will create an opaque screen. All landscaped areas along property lines which are crossed by access drives shall be planted with low shrubs no greater than three feet high and trees with a branching habit which begins at least eight feet above ground level. Furthermore, planting shall not interfere with the normal line of sight (350 feet in either direction) needed for safe entering and exiting maneuvers by motor vehicles.
F. 
Maintenance and operation. Due to the extent of potential land use impacts from such use, the following requirements shall be made and noted on the site development plan:
(1) 
All vehicles, except for one tow truck, shall be stored within a building when the facilities are not open for business. However, licensed vehicles parked for minor repairs may be left outside for a period not to exceed 72 hours. At no time shall any unlicensed or dismantled automobiles, trucks, tractors, trailers or accessories thereof be outside of a building. No car, truck, or trailer rentals shall be permitted.
(2) 
There shall not be any outside storage or display of accessories.
(3) 
Rubbish, oil cans, tires, discarded motor vehicle parts and components of any other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the principal building. The area of such enclosure shall not exceed 200 square feet. There shall be no storage of any of the above mentioned items outside of such enclosure.
(4) 
No repair work may be performed out of doors. This does not preclude, however, adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with said use.
(5) 
During the hours that a repair or maintenance facility is open all cars of employees and customers and tow trucks must be parked only in areas designated on the site development plan.
(6) 
All landscaped areas designated on the site development plan and/or landscaping plan shall be maintained in a neat and healthy condition.
G. 
Vehicle sales prohibited. The offering for sale and sale of new or used motor vehicles is prohibited. This prohibition includes the display of registered or unregistered vehicles with any "for sale" sign thereon.
A. 
A traffic study shall be required for the estimated peak hours of operation for a period no longer than two hours.
B. 
Parking shall be provided at a rate of one parking space per 60 square feet, and one parking space for each employee serving the guests.
[Amended 2-5-2024 by L.L. No. 2-2024]
C. 
Tandem parking may be permitted provided valet service is provided.
D. 
No building used for such purpose shall be located closer than 100 feet to any lot line, and no closer than 500 feet to any residence.
E. 
No facilities for outdoor use shall be permitted.
The standards for child day-care centers shall be as follows:
A. 
The application shall describe the anticipated occupancy of the facility by age group, i.e., infant, toddler, and school age, and the hours of operation of the facility.
B. 
A floor plan of the child day-care center shall be submitted.
C. 
Parking spaces shall be provided directly in front of the facility along an internal driveway or in an approved parking area. The most appropriate location for dropoff parking shall include a consideration of emergency access, and shall be determined by the Planning Board during site plan review. The dropoff location shall be clearly posted with appropriate signage or pavement markings. Fire lanes shall not be used for dropoff areas.
D. 
A minimum outdoor play area of 100 square feet per child under three years of age, or per child three and over, whichever is greater, shall be provided. Outdoor play areas shall be located a minimum distance of 25 feet from any parking area, and 50 feet from any public right-of-way; provided, however, that the Planning Board may vary this requirement on a case-by-case basis to ensure that play areas are adequately screened and buffered from vehicular areas. Outdoor play areas shall be directly accessible from the principal structure, and shall not require crossing any street, driveway or parking area for access. The Planning Board may, as part of site plan review and in consultation with the prospective operator, modify the area requirement to apply only to the largest age group enrollment scheduled to use the outdoor play area at one time.
E. 
A six-foot-high solid fence or opaque fence combined with hedge or tree plantings shall be provided to screen the outdoor play area where it abuts a residential zoning district.
F. 
Said facility shall provide a minimum of two exits.
G. 
Child day-care facility shall adhere to the requirements of the New York State Uniform Fire Prevention and Building Code, or successor standards adopted by the State of New York.
H. 
If part of an office building, said day-care center shall be located on the first (ground) floor of the building.
The standards for educational institutions with accessory housing shall be as follows:
A. 
Required bulk standards.
(1) 
Minimum lot size: 10 acres.
(2) 
Minimum required lot frontage: 200 feet.
(3) 
Minimum required lot width at building line: 200 feet.
(4) 
Minimum required front setback from public right-of-way: 250 feet.
(5) 
Minimum required side setback: 100 feet, with a minimum total side setback of 200 feet.
(6) 
Minimum required rear setback: 100 feet.
(7) 
Minimum setback from internal roadway: 25 feet.
(8) 
Maximum building coverage shall not exceed 10% of lot area in residential districts and 20% of lot area in commercial districts. Lot area shall be calculated pursuant to Article IV, § 210-29A.
(9) 
Maximum development coverage shall not exceed 25% of lot area in residential districts and 40% of lot area in commercial districts. Lot area shall be calculated pursuant to Article IV, § 210-29A. Wherever practicable, the Planning Board shall encourage the use of pervious materials.
(10) 
Maximum permitted building height: two stories, not to exceed 30 feet, except dormitories in the VC District shall not exceed three stories or 40 feet, whichever is less. In addition to the permitted height exceptions set forth in § 210-40 of this chapter, spires, belfry, domes, crosses, cupolas and other like religiously significant architectural elements are permitted to exceed the building height by 50% or 20 feet, whichever is less.
(11) 
Minimum separation between detached buildings shall be 50 feet.
(12) 
Buffer requirements as determined by the Planning Board to protect privacy of the proposed facility and adjoining property owners, as the case may be.
B. 
Design requirements.
(1) 
The applicant must obtain site development plan approval from the Planning Board in accordance with Article IX. In addition to all other requirements set forth in Article IX, the applicant must prepare and receive Planning Board approval for a landscaping plan addressing the following subjects:
(a) 
Buffer area. Landscaping within the required setback areas to visually screen the educational institution with accessory housing from residential uses that are within the line of sight of the institution.
(b) 
All portions of the project site not used for impervious surfaces shall be attractively landscaped or left in a natural condition.
(2) 
Usable open space. The educational institution with accessory housing shall include at least one outdoor area of distinctive design to create an area for gathering and/or recreation for use by the students, staff, and faculty of such institution.
(a) 
The usable open space shall be linked to an on-site pedestrian walkway network.
(b) 
For any educational institution wherein the accessory housing consists solely of dormitories, the usable open space shall equal no less than of 15% of the lot area.
(c) 
For any educational institution wherein the accessory housing consists solely of adult family student housing, the usable open space shall be equal to no less than a ratio of three acres per 100 dwelling units, or 15% of the lot area, whichever is greater.
(d) 
For any educational institution wherein the accessory housing consists of a combination of both dormitories and adult family student housing, usable open space shall equal no less than 15% of the lot area, plus additional usable open space equaling no less than a ratio of three acres per 100 dwelling units.
(e) 
For any educational institution wherein any adult family student housing is proposed as accessory housing, either solely or in combination with dormitories, no less than 20% of the usable open space shall consist of active recreation.
(3) 
Playing fields. Outdoor playing fields shall be set back from neighboring streets and property lines a minimum of 250 feet, and shall be screened from public view with fencing and/or buffer landscaping.
(4) 
Lighting. Outdoor lighting shall be limited to that necessary for operational reasons and shall be so designed as to not be incompatible with surrounding land uses. The applicant shall provide a lighting plan showing that exterior lighting will not be directly visible beyond the boundaries of the property line to the maximum extent practicable. Any lighting shall be directed away from adjoining streets and properties, and shall be arranged as to reflect the light away from any adjoining properties and abutting streets, highways and roads.
(5) 
Noise. Noise-producing equipment and/or uses shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line. Public address systems shall be absolutely prohibited.
(6) 
Utilities. All utilities shall be installed underground or within buildings.
(7) 
Architectural review. All applications for educational institution with accessory housing shall be referred to the Architectural Review Committee in accordance with Chapter 5, Architectural Review Committee, of the Village of Airmont Code.
C. 
Parking and internal roadway requirements.
(1) 
All on-site streets, roadways, driveways and parking areas are to be edged with curb and constructed according to Village design standards.
(2) 
Structures or parts of buildings used solely for the parking of vehicles are permitted a maximum height of three levels if the first level is within three feet vertically of grade. Under no circumstances shall a structure or building used for parking exceed 30 feet in height.
(3) 
When considering a proposed parking structure, the Planning Board shall consider the effects of the proposed structure in terms of traffic and environmental concerns, such as noise, air quality and headlight glare, particularly the effects on any proximate residential properties, and shall require landscaping, fencing or other measures to mitigate any adverse effects. Parking structures shall only be incorporated into a site plan to achieve the objectives of this chapter, including, but not limited to, preservation of open space and reduction of building coverage.
(4) 
On-site parking requirements shall be determined for each specific component use contained within an educational institution with accessory housing and then summed to determine the minimum number of required parking stalls. Parking shall be provided in accordance with the table below:
Table 1
On-Site Parking Requirements
Component Land Use
Required Off-Street Parking Spaces
Educational use
1 space per 300 feet of floor area or 12 student seats, whichever requirement is greater, plus 1 space per 2 enrolled students over the age of 16
Sanctuary space and other assembly spaces
1 space for 3.5 seats or chairs. In accounting for benches and pews, 1 seat equals 3 linear feet of bench space.
Administrative offices
1 space per 300 square feet of floor area
Residential:
Student dormitory, high school
1 space per 4 beds
Component Land Use
Required Off-Street Parking Spaces
Student dormitory, post-secondary
1 space per 2 beds
Convent/rectory/monastery
1 space per 3 beds
1-bedroom dwelling unit
1.8 spaces per unit
2-bedroom dwelling unit
2 spaces per unit
3-bedroom dwelling unit
2.1 spaces per unit
4-bedroom dwelling unit
2.4 spaces per unit
(5) 
The Planning Board may reduce the number of required parking spaces in accordance with § 210-47 of this chapter.
D. 
Health and safety considerations.
(1) 
Sewer. Each applicant shall demonstrate through empirical data that there is sufficient sewer capacity for the project, and shall either secure Rockland County Health Department approval of a subsurface septic disposal system or connect into an approved centralized wastewater treatment system.
(2) 
Water. Each applicant shall demonstrate through empirical data that there is sufficient water capacity for the project, and shall supply a potable water delivery system capable of meeting both the domestic water and emergency fire-fighting needs of the facility.
(3) 
Sprinkler. Fire protection must be provided by sprinkler system throughout each building, regardless of whether such building(s) is an existing structure or new construction.
E. 
General housing provisions.
(1) 
Housing shall only be permitted as an accessory use to an educational institution, and shall consist of either dormitories and/or adult family student housing as defined by this chapter.
(2) 
The educational institution must occupy at least 35% of the floor area of the project site.
(3) 
There shall be no more housing units constructed as part of any educational institution as there is capacity for full-time students or faculty.
(4) 
Housing units shall only be occupied in accordance with the limitations set forth in this section. The educational institution with accessory housing shall provide annual reports to the Village Building Department demonstrating compliance.
(5) 
No housing unit shall be permitted in a cellar or basement.
(6) 
No housing unit shall be sold in fee simple or subdivided from the educational institution use.
(7) 
The duration of a student's residency shall not exceed six years unless extended by Planning Board for good cause at the time of application or upon written request. Good cause shall include, but not be limited to, a longer period of full-time study consistent with recognized religious practice or belief.
(8) 
Central refuse collection areas shall be located for the convenience of all dwelling units. They shall be supplied with an adequate number and type of covered receptacles and shall be provided with proper screening and maintenance. Such areas shall not be located in the required front yard.
F. 
Specific housing provisions.
(1) 
Dormitories.
(a) 
A dormitory or dormitory suite shall be permitted only in habitable floors of a structure as defined by the State Building Code.
(b) 
A dormitory building shall comply with the bulk standards set forth in this section.
(c) 
Each dormitory or dormitory suite constructed in association with and as part of an educational institution shall be limited in occupancy to full-time students or full-time staff. If a person ceases to be eligible for occupancy, said person must vacate the dormitory within 30 days.
(d) 
For the purposes of this section:
[1] 
Full-time students shall be defined as students who are enrolled for no less than 15 hours of instruction per week.
[2] 
Full-time staff shall be defined as employees of the educational institution who perform no less than 15 hours per week of work for said institution, including, but not limited to, office work, administration, and classroom instruction.
(2) 
Adult family student housing.
(a) 
Adult students and faculty must be full-time, and the duration of residency shall be limited to the period of full-time study or teaching. If a person ceases to be eligible for occupancy, said person and family must vacate his/her dwelling unit within 30 days.
(b) 
Townhomes, attached homes and any multifamily residence building shall comply with the required bulk standards set forth in § 210-119A.
(c) 
The site density for per net acre for townhomes or attached homes shall not exceed six dwelling units per net acre.
(d) 
Fifty percent of the dwelling units shall be either one- or two-bedroom units. The remaining 50% of the dwelling units may be three- or four-bedroom units. No more than 10% of the dwelling units may be occupied by faculty.
(e) 
The residential units shall not be occupied by anyone other than adult students, adult faculty members, spouses or spousal equivalents of the adult faculty or adult students, and minor children of the adult students or adult faculty.
(f) 
Occupancy of each residential unit shall be in accordance with all applicable state laws, rules and regulations, including, but not limited to, the Property Maintenance Code of New York State as set forth in 19 NYCRR 1226, as may be amended from time to time.
(g) 
The project shall provide a separate bus stop located on-site along the street access, which may be within the required front yard. The bus stop must be designated to ensure safe pick-up and drop-off of children and to minimize impact on traffic flow.
G. 
Signs. Signs shall be permitted for educational institutions with accessory housing in accordance with Article VIII of this chapter.
H. 
Other conditions and safeguards. The Planning Board shall attach such other conditions and safeguards to the special permit use as are necessary for the protection of the health, safety and welfare of the community, and to assure continual conformance with the intent of this chapter.
I. 
Discontinuation of use. If active and continuous use of the educational institution is discontinued during a continuous period of one year, the approval for residential use of the dormitories and/or adult family student housing in connection with said educational institution shall automatically terminate. The dormitories and/or adult family student housing must be vacated within six months of said discontinuance. The building(s) and land upon which the educational institution with accessory housing had been established shall thereafter be occupied and used only in a manner permitted in the applicable Zoning District, subject to any necessary approvals required under the chapter.
J. 
Compliance. Failure to comply with any provision of this section shall be deemed a violation of this chapter, and may result in revocation of the special permit use, and/or any appropriate enforcement proceeding available under any local or state law, ordinance or regulation.
K. 
Grandfathering. The provisions of this section shall not apply to any application for an educational institution with accessory housing, which is, as of the effective date hereof, the subject of a stipulation of settlement or order of a court of competent jurisdiction.