Pursuant to § 7-718 of the Village Law of the State
of New York, there shall be a Planning Board consisting of five members,
each appointed for a term of five years by the Board of Trustees.
The Chairperson shall be designated by the Board of Trustees, or,
in the absence of such designation, may be selected by the Planning
Board. The Planning Board shall select a Secretary and may pay for
the services of said Secretary or experts, but not in an amount exceeding
the budgetary appropriation for the Planning Board made by the Board
of Trustees. The Planning Board already established shall continue
to function under the provisions of this chapter, and the members
thereof may continue in office until their respective terms expire.
The Planning Board shall be empowered to:
B.
Review subdivision applications pursuant to the subdivision regulations
of the Village of Hillburn.
C.
Review special use permit applications pursuant to this article.
D.
Recommend, on its own motion or by referral from the Board of Trustees, matters relating to proposed amendments to the Hillburn Zoning chapter pursuant to Article XV of this chapter.
E.
Make investigations, maps and reports and recommendations in connection
therewith relating to the planning and development of the Village.
A.
Procedure. The Planning Board shall determine its own rules of conduct
and procedure consistent with the applicable provisions of the Village
Law of the State of New York and this chapter.
B.
Public hearing notice. For every public hearing that is required
for any action set forth in this Zoning chapter, the following procedures
shall apply with regard to public notices:
(1)
The Planning Board shall mail notice of said hearing to the applicant
at least 10 days prior to the hearing.
(2)
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.
(3)
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.
(4)
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.
(5)
The applicant shall provide a certificate of mailing prior to the
public hearing being opened.
(6)
The cost of all mailings and publishing of the notice shall be borne
by the applicant.
A.
Matters to be referred. In accordance with § 239 et seq.
of the General Municipal Law of the State of New York, any application
for subdivision or site plan approval or a special use permit for
real property lying within a distance of 500 feet of the following
shall be referred to the Rockland County Department of Planning:
(1)
The boundary of any city, village or town.
(2)
The boundary of any existing or proposed county or state park or
other recreation area.
(3)
The right-of-way of any existing or proposed county or state parkway,
thruway, expressway, road or highway.
(4)
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.
(5)
The existing or proposed boundary of any county- or state-owned land
in which a public building or institution is situated.
(6)
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.
B.
Rockland County Department of Planning recommendation. Failure of
the Rockland County Department of Planning to report its recommendations
within 30 days after receipt of a full statement of such referred
material or such longer period as may have been agreed upon by it
and the Village Planning Board shall be construed as approval.
C.
Effect of negative report. If the Rockland County Department of Planning
disapproves the proposed subdivision, site plan or special use permit,
or recommends modification thereof, the proposal shall not become
effective except by a vote of a majority plus one of all members of
the Planning Board and after adoption by such Board of a resolution
fully setting forth the reasons for such contrary action.
D.
Report filing. A report of the decisions of the Planning Board shall
be filed with the Rockland County Department of Planning if referral
was initially required.
A.
Objectives. On application and after public notice and hearing, the
Planning Board may authorize, by resolution, the issuance in any district
of a special use permit exclusively for those uses which require such
a permit under this section. In authorizing the issuance of a special
use permit, the Board shall take into consideration the public health,
safety and welfare and shall prescribe appropriate conditions and
safeguards to ensure the accomplishment of the following objectives:
(1)
That all proposed structures, equipment or material shall be readily
accessible for fire and police protection.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
B.
Application and procedures.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
C.
Decision of the Planning Board.
(1)
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.
(2)
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.
(3)
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:
(a)
The provision in this chapter under which such permit was issued
is still in effect.
(b)
Such permit was issued in conformity with the provisions of
this chapter.
(c)
Such permit shall be deemed to affect only the lot or portion
thereof for which such permit shall have been granted and shall expire
if the special use shall cease for more than six months for any reason.
(d)
All applicable provisions of this chapter not otherwise varied
by the special use permit approval are adhered to.
(e)
The use continues to comply with all conditions and safeguards
prescribed by the Board.
D.
Failure to meet all conditions imposed by the Planning Board shall
render the special use permit void.
E.
No permit shall be issued for a special use for a property where
there is an existing violation of this Zoning chapter.
In addition to the general objectives of § 250-52 above, the following requirements shall apply for individual special uses:
A.
Animal sanctuary.
(1)
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.
(2)
Animal sanctuaries are permitted in the R-60 Zoning District only
and on lots of no less than three acres.
(3)
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.
(4)
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.
(5)
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.
(6)
The use shall secure all applicable permits and approvals from county
and state health and environmental agencies as a condition of the
special use.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
During review the applicant shall provide the Planning Board
with hours of operation for visiting groups or tours.
(12)
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.
B.
Assisted living facility (ALR).
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
The board shall determine the parking requirements for the ALR.
(6)
An ALR shall obtain a license from any state agency authorized to
license such facility.
C.
Automotive garage.
(1)
The area for use by motor vehicles, except access drives thereto,
as well as any structures, shall not encroach on any required yard.
(2)
Fuel pumps are not permitted in association with an automotive garage.
(3)
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.
(4)
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.
(5)
There shall be no exterior display of articles, parts or supplies
for sale.
(6)
There shall be no exterior overnight storage of vehicles, except
for a day at a time or while awaiting arrival of parts.
(7)
No work shall be performed outside except incidental or emergency
repairs.
(8)
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.
(9)
Any opening in the roof, side or rear walls shall be located no less
than 15 feet from any lot line.
(10)
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.
(11)
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.
(12)
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.
(13)
The required front yard shall be landscaped to the satisfaction
of the Planning Board in accordance with the landscaping standards
of this Zoning chapter.
D.
Building contractor.
(1)
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.
(2)
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.
(3)
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.
(4)
The Planning Board shall evaluate impacts related to noise, traffic,
hours of operation, and lighting requirements and shall minimize negative
impacts on adjacent uses.
(5)
Stockpiling of outdoor materials shall not exceed 15 feet in height,
as measured from the existing ground surface elevation.
(6)
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.
E.
Bus depot.
(1)
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.
(2)
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.
(3)
Bus depots are subject to architectural review and approval.
(4)
Adequate off-street parking for employees shall be provided.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
F.
Commercial recreation, indoor.
(1)
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.
(2)
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.
(3)
No accessory outdoor recreation facilities shall be permitted, unless
waived by the Planning Board.
G.
Concrete mixing plant.
(1)
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.
(2)
Any dust-producing materials shall be stored indoors. The Planning
Board may require that the facility be watered down to maintain a
dustless environment.
(3)
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.
(4)
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.
H.
Craft workshop; art studio.
(1)
The following shall apply to both uses:
(a)
The sale of goods produced on-site is permitted in a retail
environment, provided that the space dedicated to retail sales is
35% or less of the size of gross floor area, and an employee is within
the retail area during open hours. The Planning Board shall determine
whether to permit retail space which shall be based upon the potential
use's impact upon the health, safety and welfare of customers and
adjoining uses and properties.
(b)
The application for approval of a craft workshop/studio or art
studio shall detail hours of operation, including the hosting of classes
or use of retail space, and all equipment which is intended for use
in the production of the craft.
(2)
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.
I.
Cultural or performing arts center.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
All areas of the site shall be amply landscaped by preserving existing
vegetation, or by installing a combination of decorative and native
plant materials.
(8)
A lighting plan and landscaping plan shall be submitted in accordance
with this Zoning chapter.
(9)
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.
(10)
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.
J.
Conference center.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
All areas of the site shall be amply landscaped by preserving existing
vegetation, or by installing a combination of decorative and native
plant materials.
(6)
A lighting plan and landscaping plan shall be submitted in accordance
with this Zoning chapter.
K.
Delicatessen.
(1)
The total gross floor area dedicated to a delicatessen, including
storage areas and other accessory spaces, shall not exceed 1,250 square
feet.
L.
(Reserved)
M.
Dry-cleaning depot.
(1)
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.
(2)
Tailoring services shall be allowed accessory to a dry-cleaning establishment.
(3)
The application shall conform to all other applicable state, county,
and local regulations applicable to said use.
N.
Farm market.
(1)
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."
(2)
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.
(3)
The farm market may also sell food prepared on-premises for off-site
consumption, utilizing agricultural and farm products sold at the
farm market.
(4)
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.
(5)
A floor plan shall be provided demonstrating compliance with the
floor area requirements.
O.
Fire, police, ambulance and similar municipal buildings.
(1)
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.
(2)
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.
P.
Health fitness facility.
(1)
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:
(a)
Squash and racquetball courts;
(b)
Group fitness programs, yoga, Pilates, spinning, or other similar
exercise activity;
(c)
Personal training;
(d)
Health, fitness and dance-related educational programs;
(e)
Offices for physical therapy and rehabilitation, including offices
for qualified professionals, provided that all persons receiving such
services are patrons of the health and fitness facility, and further
provided that such offices do not exceed in the aggregate 10% of the
floor area of the facility;
(f)
Child-sitting services for members only while participating
in activities on the premises, and not for the general public;
(g)
Coffee, juice and/or health food bar serving only nonalcoholic
beverages and food, and serving only to patrons participating in activities
on the premises and not to the general public. Cooking shall not be
permitted at the premises. All food sold at such facility shall be
preprepared and may be heated or warmed on the premises prior to sale;
(h)
Minor retail sales of sporting goods and apparel to patrons
participating in activities on the premises, but not to the general
public, provided that the floor area of such facilities in the aggregate
shall not exceed 10% of the floor area of the entire health and fitness
facility.
(2)
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.
(3)
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.
Q.
Home occupation, major.
(1)
There shall be no exterior indication of the home occupation or any
variation from the residential appearance of the principal building.
(2)
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.
(3)
There shall be no more than one person outside the resident family
employed in the home occupation.
(5)
There shall be no exterior storage of materials or equipment.
(6)
There shall be no retail sales conducted on the premises, except
nothing herein shall limit the sale of goods via online services.
(7)
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.
R.
Hotel, resort.
(1)
One or more principal buildings are permitted on a lot.
(2)
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.
(3)
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.
(4)
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.
(5)
Parking. The minimum parking requirements are as follows:
(6)
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.
(7)
A lighting plan and landscaping plan shall be submitted in accordance
with this Zoning chapter.
(8)
A floor plan shall be provided demonstrating compliance with the
floor area requirements.
S.
Laboratory and research facility.
(2)
Research and experimentation involving live animals is strictly prohibited.
(3)
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.
T.
Landscape materials, retail and wholesale trade.
(1)
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.
(2)
The materials processing of organic or inorganic materials, including
rock crushing, mulching, or soil screening is not permitted in conjunction
with this use.
(3)
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.
(4)
The outside storage of goods, supplies, parts, materials, or equipment
shall not be located within any required yard.
(5)
Outside storage areas shall not exceed 40% of the total lot area.
(6)
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.
(7)
With the exception of nursery stock, stockpiling of outdoor materials
shall not exceed 15 feet in height.
(8)
The Planning Board may require screening of any outdoor storage areas.
(9)
The site plan shall clearly demonstrate that the use meets the requirements
set forth above.
U.
Laundromat.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
Spotting operations utilizing flammable liquid shall not be permitted
in this type of occupancy.
(6)
The Planning Board shall establish the hours of operation.
V.
Light industry use.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
A light industrial use shall be located on a lot with frontage on
NYS Route 17 or NYS Route 59.
(7)
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.
(8)
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.
(9)
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.
(10)
There shall be no retail sales conducted on the site of a warehouse.
(11)
Light industrial uses are subject to architectural review and
approval.
(12)
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.
(13)
A floor plan shall be provided demonstrating compliance with
the minimum floor area requirement per tenant.
W.
Microbrewery.
(1)
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.
(2)
No outdoor storage is permitted for a microbrewery.
(3)
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.
(4)
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.
(5)
The Planning Board shall assess the potential impacts associated
with water usage, sanitary sewers, air and odors, noise and vibration.
(6)
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.
X.
Museum.
(1)
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.
(2)
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.
Y.
Nursery schools.
(1)
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.
(2)
There shall be adequate safety provisions as determined by the Code
Enforcement Officer.
(3)
A nursery school may be located only in a building that is otherwise
used for public assembly.
(4)
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.
Z.
Outdoor storage.
(1)
The requirements for accessory buildings shall apply to outdoor storage
areas with respect to the minimum yard and height requirements.
(2)
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.
(3)
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.
(4)
Adequate landscaping shall be provided to screen stored materials
from view of adjacent properties year-round.
(5)
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.
(6)
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.
AA.
Place of worship.
(1)
Places of worship shall adhere to the bulk requirements set
out in Table A, Schedule of General Use and Bulk Requirements.[1]
[1]
Editor's Note: Table A is included as an attachment to this chapter.
(2)
The hours of operation, including any educational classes that
may be scheduled, shall be disclosed and made a condition of any approval.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
Where the place of worship is a one-family detached residence,
the owner must reside therein.
(9)
The structure must comply with all applicable sections of the
current New York State Uniform Code.
(10)
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.
BB.
Public utility substations and pumping stations.
(1)
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.
(2)
Access to such facilities shall be so located as to draw a minimum
of vehicular traffic to and through residential streets.
(3)
The location, design and operation of such facility shall not
adversely affect the character of the surrounding residential area.
(4)
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.
CC.
Public utility distribution and transmission lines and rights-of-way
not serving the immediate neighborhood.
(1)
Access to such facilities shall be so located as to draw a minimum
of vehicular traffic to and through residential streets.
(2)
The location, design and operation of such facility shall not
adversely affect the character of the surrounding residential area.
(3)
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.
DD.
Shopping center, designed.
(1)
The bulk standards shall apply to the overall shopping center
site.
(2)
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.
(3)
The shopping center shall be designed with comprehensive and
consistent architecture and shall be subject to architectural review.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
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.
EE.
Swimming pools.
(1)
A pool may be installed or maintained in any residence district
or in any nonresidence district where specifically permitted.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
The pool shall not be located in any front yard.
(7)
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.
(8)
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.
(9)
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.
(10)
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.
(11)
Where necessary, approval shall be required from the Code Enforcement
Officer and New York State Underwriters Inspector that proposed electrical
requirements are met.
FF.
Tourism-related winery, brewery, distillery or similar food processing.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
All parking facilities shall be located no closer than 50 feet
to any property line.
(6)
A lighting plan and landscaping plan shall be submitted in accordance
with this Zoning chapter.
GG.
Two-family residence.
(1)
The site development plan shall provide for two off-street parking
spaces per dwelling unit.
(2)
Not more than 25% of the front yard shall be paved for, or used
as, parking or driveway purposes.
(3)
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.
(4)
Each dwelling unit shall have a separate entrance.
(5)
Two-family dwellings shall be connected to the public sewer
system.
(6)
Each dwelling unit shall have at least 1,000 square feet of
floor area.
(7)
The Planning Board shall make a specific written finding that
the proposal is consistent with the character of the surrounding area.
HH.
Warehouse or wholesale use.
(1)
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.
(2)
Outside storage shall be prohibited.
(3)
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.
(4)
Access drives shall be a minimum width of 24 feet. At least
two access drives shall be provided.
(5)
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.
(6)
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.
(7)
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.
(8)
There shall be no retail sales conducted on the site of a warehouse.
(9)
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.
(10)
Warehouses are subject to architectural review and approval.
(11)
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.
(12)
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.
