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Village of Liverpool, NY
Onondaga County
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Table of Contents
Table of Contents
Uses requiring a special permit are listed by district in Articles III through XII and on the District Use Charts.[1] All other uses except one- and two-family dwellings shall require site plan approval by the Planning Board prior to the issuance of a building permit. Site plan review and approval and the review and approval of special permits must also consider consistency of applications with the Village of Liverpool Community Design Handbook which is incorporated by reference under this article.[2]
[1]
Editor's Note: The District Use Charts are on file in the Village offices.
[2]
Editor's Note: The Community Design Handbook is on file in the Village offices.
A. 
As a prerequisite to the approval of any site plan or special permit application, the following general findings shall be made:
(1) 
The proposed use is in compliance with all other applicable regulations of this chapter, inclusive of specific district controls and controls applicable to all districts and all other applicable local, state and federal regulations. The proposed use, site layout and design, and building design is consistent with the intent of the corresponding district's purpose statement, the intent of the Village of Liverpool Comprehensive Plan 2025 and the Community Design Handbook,[1] will not pose a materially adverse impact upon adjoining and nearby properties, and will not result in a clearly adverse aesthetic impact.
[1]
Editor's Note: The Comprehensive Plan and the Downtown Redevelopment Plan are on file in the Village offices.
(2) 
The proposed use will not have an adverse impact upon the character or integrity of any land use within the immediate neighborhood having unique cultural, historical, geographical, architectural or other special characteristics.
(3) 
The proposed use is to be developed in such a way as to ensure maximum amenities available to the site based upon a consideration of the site plan and functional requirements of the proposed use.
(4) 
The proposed use is physically and visually compatible with and will not impede the development or redevelopment of the general neighborhood or adversely affect the existing land use in proximity to the subject site.
(5) 
The proposed use will be provided with adequate supporting services such as fire and police protection, public and private utilities and all other supporting governmental services necessary and appropriate to the proposed use.
(6) 
Controls for vehicular and pedestrian movement.
(a) 
Controls for vehicular and pedestrian movement are designed to provide for the safety of the general public and the occupants, employees, attendants and other persons for whose benefit the use is intended. In making this determination, consideration shall be given to but need not be limited to the following:
[1] 
Location and adequacy of parking and loading facilities.
[2] 
Pedestrian rights-of-way, with particular emphasis on prioritizing pedestrian mobility and safety over vehicular mobility, parking and loading facilities.
[3] 
Traffic regulatory devices.
[4] 
Location, number and design of points of ingress and egress.
[5] 
Accessibility by emergency vehicles with particular emphasis on access to structures and provision for turning and free movement.
[6] 
Provision for snow storage.
[7] 
Age and mobility of all persons for whose benefit the use is intended.
[8] 
Speed limits upon and general character of public streets in proximity.
(b) 
Compliance with the provisions of Article XV, Parking and Loading, shall not constitute a determination that the foregoing requirements have been satisfied.
(7) 
The proposed use will not generate any adverse environmental impact upon the surrounding properties, including but not limited to the emission of dust, noise, vibration, light, heat, glare, odor, traffic or parking.
B. 
In making a determination as to compliance with any one or more of the general findings set forth in Subsection A above, consideration shall be given but need not be limited to the following elements:
(1) 
Consistency with the intent of the Village of Liverpool Comprehensive Plan and corresponding Downtown Redevelopment Plan[2] as well as the intent of the zoning district.
[2]
Editor's Note: The Comprehensive Plan and the Downtown Redevelopment Plan are on file in the Village offices.
(2) 
Geometric characteristics of all structures and related improvements.
(3) 
Aesthetic characteristics, including design, texture, materials, colors and illumination consistent with the intent and content/recommendations of the Community Design Handbook.[3]
[3]
Editor's Note: The Community Design Handbook is on file in the Village offices.
(4) 
Physical attributes of the site, including size, shape, elevation, topography and natural vegetation.
[Added 4-11-2019 by L.L. No. 3-2019]
A. 
Sketch plan. A sketch plan conference may be held between the Planning Board and the applicant prior to the preparation and submission of the formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of his/her proposal prior to the preparation of a detailed site plan; and for the Planning Board to review the basic site design concept, advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan. In order to accomplish these objectives, the applicant shall provide the following at least 14 days before the sketch plan conference, which shall be held at a regular scheduled meeting of the Planning Board. In addition, the Planning Board must then determine whether to notify Onondaga County Planning Board pursuant to the provisions of General Municipal Law § 239-m.
(1) 
A written narrative of the proposal and a rough sketch showing locations and dimensions of principal and accessory structures, parking area, access signs (with descriptions), existing and proposed vegetation, and other planned features; anticipated changes in the existing topography and natural features; and where applicable, measures and features to comply with flood hazard and flood insurance regulations. Such submission should specifically reference any required yard, area or other requirements of the Zoning Regulations.
(2) 
A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements and other pertinent features.
(3) 
A topographic or contour map of adequate scale and detail to show site topography.
(4) 
Within 32 days of the sketch plan conference and upon the applicant's request, the Planning Board shall render a written decision to either, proceed with site plan review as hereafter described or waive any of the requirements.
B. 
Application for site plan approval. An application for site plan approval shall be made in writing to the chairman of the Planning Board no less than 15 working days before any scheduled or special Planning Board meeting. The applicant shall submit a site plan and supporting data which have been prepared by a licensed architect, landscape architect, engineer or land surveyor, and which shall include, in illustrated form, the information required in the application checklist.
C. 
Preparation of stormwater pollution prevention plan (SWPPP). A Stormwater Pollution Prevention Plan (SWPPP) consistent with the requirements Chapter 321, Stormwater Management and Erosion and Sediment Control, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards set forth in Chapter 321. The approved site plan shall be consistent with the provisions of said Chapter 321 and NYSDEC Stormwater Management Design Manual.
D. 
Public notice and hearing. The Planning Board may conduct a public hearing on the site plan. If a hearing is to be held the Planning Board will provide notice of public hearing and information regarding the substance of the application to the owners of all properties abutting the land held by the applicant, and at the discretion of the Planning Board, all other owners within 200 feet, or such distances that the Planning Board deems advisable.
E. 
Referral to the County Planning Board. Prior to taking action on the site plan application, the Planning Board shall refer a copy of the detailed application with a completed SEQRA Environmental Assessment Form and related plans, specifications and reports to the Onondaga County Planning Board for its review in accordance with § 239-m of the General Municipal Law, if applicable. No action shall be taken by the Planning Board on the detailed site plan application until an advisory recommendation has been received from the County Planning Board or 30 calendar days have lapsed since the county received the site plan application materials.
F. 
Compliance with the New York State Environmental Quality Review Act. Prior to rendering its decision, the Planning Board shall follow all applicable procedures for proposed projects subject to the provisions of SEQRA in accordance with Article 8 of the Environmental Conservation Law and Part 617 NYCRR.
G. 
Reimbursable costs. Costs incurred by the Planning Board for consultation fees, staff review costs, or other expenses in connection with the review of an application shall be charged to the applicant. The Planning Board may require the posting of financial security in a form acceptable to the Planning Board attorney in order to ensure that reimbursements and/or improvements are carried out as specified in the plans and approvals.
H. 
Performance guarantee. No certificate of occupancy shall be issued until all improvements shown on the approved site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board attorney in consultation with appropriate parties.
I. 
Planning Board action on site plan. Within 62 days of the receipt of a complete application for site plan approval, the Planning Board shall render a decision, file said decision with the Village Clerk, and mail such decision to the applicant with a copy to the Codes Enforcement Officer. At the Board's option, such decision may be reached at a public hearing called for the purpose. The time within which a decision must be rendered may be extended by mutual consent of the applicant and Planning Board.
(1) 
Upon approval of the site plan and payment by the applicant of all fees and reimbursable costs due to the Village, the Planning Board shall endorse its approval on a copy of the final site plan and shall forward a copy to the applicant, Codes Enforcement Officer, and file same with the Village Clerk.
(2) 
Upon disapproval of a site plan, the Planning Board shall so inform the Codes Enforcement Officer and he shall deny a permit to the applicant. The Planning Board shall also notify the applicant in writing of its decision and its reasons for disapproval. Such disapproval shall be filed with the Village Clerk.
J. 
Waiver. The Village of Liverpool Planning Board is empowered, when reasonable, to waive any requirements for approval, approval with modification or disapproval of site plans 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 site. In the event a waiver of the imposed conditions is requested, a second public hearing shall be scheduled and heard.
K. 
Appeal of Board decision. Any person aggrieved by a decision of the Planning Board may apply to the Supreme Court for a review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceedings shall be instituted within 30 days after the filing of a decision by the Planning Board in the office of the Village Clerk.
[Added 4-11-2019 by L.L. No. 3-2019]
A. 
Submissions required. In addition to the submissions and regulations set forth in § 380-87.1, General procedures for site plan approval, inclusive, which shall apply equally to special permit applications, the Planning Board may request such other information and/or submissions as they shall reasonably deem necessary to make the findings required for approval of a special permit as set forth in § 380-87, General criteria and findings.
B. 
Conditions. The Planning Board, where appropriate, shall make any approval of a special permit subject to such reasonable conditions as it finds necessary to maintain the character of the neighborhood of the subject area and to mitigate any potential impacts to the area or may deny such application when such impacts cannot be reasonably mitigated.
C. 
Public hearing. The Planning Board may elect to hold a public hearing for any special permit application in accordance with the New York Village Law.
In addition to the general criteria and findings prescribed for all special permits, the following specific criteria shall apply to the listed uses:
A. 
Home occupations:
(1) 
Employment or participation of occupants shall not exceed two persons, and nonoccupants, one person, except in the case of a health-care practitioner requiring paraprofessional assistants, in which case nonoccupant employees may not exceed two.
(2) 
No exterior display or indication of the activity shall be visible to the general public, including but not limited to:
(a) 
Outdoor sales or display of items for sale.
(b) 
Signs, except professional identification signs permitted in § 380-102B.
(c) 
On-site parking of commercial vehicles advertising the home occupation unless housed in an enclosed residential garage.
(d) 
Any variation in the residential character of the property, such as construction of a separate entrance, other exterior structural alteration or addition of paved area.
(e) 
Outdoor storage of any materials or goods associated with the home occupation.
(3) 
Such activity is confined to the principal structure and no accessory structure or yard is used in conjunction therewith, except for required parking spaces.
(4) 
The gross floor area within a principal building used or occupied in conjunction with the home occupation, inclusive of basements, attics, cellars and similar areas, shall not involve more than 25% of any one story or exceed a cumulative total of 500 square feet.
(5) 
The following uses are prohibited: barbershops, beauty parlors, restaurants, taverns, funeral homes, printing/copy services product/component manufacture or fabrication, motor vehicle repair or dismantling and small-engine repair.
(6) 
The on-premises sale of merchandise is prohibited except where clearly incidental and secondary to the home occupation, limited in scope, and there is no display of items for sale in any configuration resembling a retail store. This shall not preclude on-premises sales or mail-order handling of materials stored and shipped from off-site, nonresidential premises.
(7) 
The home occupation shall not create any hazards to neighboring persons or property and shall not cause any electronic interference, excessive noise, vibration, smoke, dust, odors, heat or glare on surrounding properties.
(8) 
Students receiving instruction in the visual or performing arts, including but not limited to music, dance, fine arts or crafts, within any common period of time shall not exceed two.
(9) 
Only one home occupation shall be allowed within a dwelling and only within units that have direct and separate access to the exterior of the structure.
(10) 
The storage or parking of construction equipment or vehicles, machinery and building materials is prohibited.
B. 
Drive-in services:
(1) 
Provision for the on-premises stacking of five vehicles or for five vehicles waiting for service shall be maintained for each drive-in service window or unit. For mixed-use buildings, provision for the on-premises stacking of vehicles shall be determined on a case-by-case basis by the Planning Board.
(2) 
The property must have a minimum frontage of at least 100 feet for each street it fronts upon. For mixed-use buildings, the property must have a minimum frontage that shall be determined on a case-by-case basis by the Planning Board.
(3) 
A landscaped area eight feet in width, measured inward from the lot line, shall be maintained, exclusive of driveways, on all sides of the property except where required to be wider by § 380-106; treatment shall be of grass, ornamental stone or evergreens maintained below 2 1/2 feet in height, except where required to be higher by § 380-106, and surrounded by curbing (granite, stone or concrete) four to six inches in height. Landscape requirements for a mixed-use building with less than eight feet in width from the lot line shall be determined on a case-by-case basis by the Planning Board.
C. 
Motor vehicle service and repair. The following requirements are in addition to all applicable requirements of the New York State Uniform Fire Prevention and Building Code:
(1) 
The lot area shall be not less than 20,000 square feet and have a minimum frontage along a public right-of-way providing primary access of at least 150 feet.
(2) 
No proposed site shall be within 200 feet of the property line of a public assembly use.
(3) 
Entrance or exit driveways shall be located at least 20 feet from any side or rear lot lines and at least 35 feet from any intersecting street right-of-way line. Such driveways shall be laid out so as to avoid the necessity of any vehicle backing across any public street right-of-way.
(4) 
No building or accessory structure, except a fence, shall be closer than 35 feet to any boundary line of a residential district or property used for residential purposes.
(5) 
All repair or servicing, other than the dispensing of fuel, oil, water and air, of vehicles must be performed indoors.
(6) 
A landscaped area as specified in § 380-88B above shall be maintained.
(7) 
No unlicensed or dismantled motor vehicles or auto parts may be stored outdoors.
(8) 
No vehicle shall be parked or stored outdoors for the purpose of sale or offering for sale of such vehicle.
(9) 
In the event that the continuous business operation of a gasoline service station shall be discontinued for a continuous period exceeding one month, the owner and/or lessee thereof shall provide adequate protection against unlawful entry into the buildings and onto the property to prevent the storage of abandoned vehicles thereon and shall remove all flammable liquids from all tanks located at said facility and fill all said tanks located at said facility with water for a six-month period only, and thereafter with a solid material.
(10) 
In the event that any gasoline service station becomes an abandoned gasoline service station, the owner and/or lessee of said facility shall immediately remove any and all tanks, gasoline pumps, identification signs and lighting poles and shall paint the exterior of all remaining structures, if other than brick, a neutral color. A gasoline service station shall be considered abandoned when there has been no continuous business operation for a period of three months.
(11) 
Any special use permit issued hereunder shall be personal to the licensee, and no permit shall be transferable or run with the land.
D. 
Mixed use.
[Amended 3-15-2010 by L.L. No. 2-2010]
(1) 
Site plan and special permit requirements for mixed-use buildings and structures are subject to the terms and conditions as established by the Planning Board on a case-by-case basis consistent with the intent of the Village of Liverpool Comprehensive Plan 2025 and the Community Design Handbook.[1]
[1]
Editor's Note: The Comprehensive Plan and the Community Design Handbook are on file in the Village offices.
(2) 
For each residential unit, 500 square feet of lot area should be maintained as open space for the residential occupants, exclusive of required yard and parking spaces.
(3) 
The residential unit(s) shall be in compliance with all applicable safety and health codes.
E. 
Public safety facilities.
(1) 
Public safety facilities, including but not limited to those facilities intended to house fire and/or police operations and/or emergency ambulance service are allowed in any use district subject to the issuance of a special permit and compliance with this subsection.
(2) 
The following requirements are in addition to any applicable requirements of the New York State Uniform Fire Prevention and Building Code:
(a) 
Provisions for the on-site parking of at least 20 vehicles shall be provided.
(b) 
The lot area shall be not less than 20,000 square feet and have a minimum frontage along a public right-of-way providing primary access of at least 150 feet.
(c) 
Entrance and exit driveways shall be located at least 35 feet from any intersecting street right-of-way line and shall be buffered along any side or rear lot lines.
(d) 
Landscaped area as specified in § 380-88B above shall be maintained at all times.
(3) 
In applying for a special permit hereunder, the applicant shall be required to establish by competent direct evidence all potential sites within the Village which would serve the public need with regard to the service to be provided with reasonable adequacy and to identify those site(s) which the applicant considered and discounted as being inadequate for providing the relevant public service. The applicant shall set forth, in its application, its reason(s) and basis for rejecting each site considered.
(4) 
In making, and as part of its decision, the Planning Board shall set forth and evaluate the alternative sites considered, together with the degree of detriment to the neighborhood which might be caused by those sites versus the degree of detriment to the neighborhood by the site proposed to be approved. In applying the foregoing standard, the Planning Board shall also take into account the peculiarities of the particular public safety entity making the application. Furthermore, the Planning Board shall consider and evaluate the overall public need relative to the specific service to be provided versus any detrimental impacts identified by providing such service from any specific site within the Village.
F. 
Bed-and-breakfast.
(1) 
Preparation of food. The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the home.
(2) 
Interior design standards. The architectural integrity and arrangement of the existing interior spaces must be maintained and shall not deviate from the purpose and intent of the zoning district's purpose statement, the intent of the Village of Liverpool Comprehensive Plan 2025, or the Community Design Handbook;[2] the number of guest rooms shall not be increased.
[2]
Editor's Note: The Comprehensive Plan and the Community Design Handbook are on file in the Village offices.
(3) 
Exterior design standards. The exterior appearance of the structure shall not be altered from its single-family character and shall not deviate from the purpose and intent of the zoning district's purpose statement, the intent of the Village of Liverpool Comprehensive Plan 2025, or the Community Design Handbook.
(4) 
Inspections. Each bed-and-breakfast homestay operation shall be subject to an annual inspection by the Village Code Enforcement Officer.
(5) 
The one-family dwelling in which the bed-and-breakfast is located shall be the principal residence of the owner of the one-family dwelling.
(6) 
The lot shall conform to the minimum lot size prescribed in the corresponding bulk regulations.
(7) 
All applicable provisions and regulations of the New York State Uniform Fire Prevention and Building Code,[3] the Onondaga County Health Department and the Village of Liverpool shall be met.
[3]
Editor's Note: See Ch. 43, Building Construction.
(8) 
No special use permit shall be issued until a certificate of occupancy shall have been issued, based upon an inspection made within 30 days, attesting to compliance with the provisions of this chapter and the New York State Uniform Fire Prevention and Building Code applicable to the intended use and occupancy. The certificate of occupancy shall state the maximum number of overnight guests.
(9) 
The special use permit shall require that a notice be posted within the bed-and-breakfast home stating the maximum number of overnight guests.
(10) 
No guest may be registered for a period longer than 30 consecutive nights. The owner shall maintain a guest register and shall preserve registration records for a minimum of three years. The register and all records shall be made available for inspection by the Village.
(11) 
In addition to the off-street parking required for the dwelling in which the bed-and-breakfast home is located, one parking space shall be provided for each guest room and one for each employee. All parking areas shall be screened from direct view of any adjacent residential use by a visual barrier approved by the Planning Board.
(12) 
One sign shall be permitted, identifying the property as a bed-and-breakfast home. The sign shall comply with the sign regulations for the district in which the bed-and-breakfast is located.
(13) 
The bed-and-breakfast home shall be served by public sewer and public water.
(14) 
Any special use permit issued hereunder shall be personal to the licensee, and no permit shall be transferable or run with the land.
G. 
Care homes.
(1) 
In considering the placement and approval of a care home facility, consideration shall be given to the following criteria:
(a) 
Age and mobility of prospective occupants.
(b) 
Nature of any custodial care and/or supervision of prospective occupants, where required.
(c) 
Regulations of any agency, private or public, having jurisdiction over a specific care home, to the extent such regulations are actually imposed or are to be imposed.
(d) 
Accessibility to on-site or off-site active and/or passive recreational facilities (indoor and outdoor), retail goods and services, libraries, places of worship, medical services and such other facilities which may be considered necessary and/or appropriate to the needs of the prospective occupants.
(e) 
Traffic-generating characteristics of the care home use with particular emphasis on visitation privileges, loading requirements and availability and nature of public or private transportation facilities.
(f) 
Such other elements which are relevant to the particular circumstances of each individual case.
(2) 
Any special use permit issued hereunder shall be personal to the licensee, and no permit shall be transferable or run with the land.
H. 
Utility structures.
(1) 
The applicant shall submit with the application:
(a) 
Detailed site and drainage plans, drawn to scale, as may be necessary to show boundaries of the tract.
(b) 
All applicable dimensions set forth in this Zoning Chapter.
(c) 
All streets and easements.
(d) 
The locations of all proposed and existing structures and buildings within the tract and within 100 feet of the tract.
(e) 
The proposed use of all buildings and structures.
(f) 
Landscaped areas existing and proposed.
(g) 
Drainage.
(h) 
Wastewater disposal system.
(i) 
Parking and vehicular circulation and the relationship of the proposed use to highways, streets and adjacent properties.
(2) 
No such special permit shall be permitted unless the Planning Board shall determine that:
(a) 
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(b) 
The design of any building in connection with such facilities conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
(c) 
Adequate and attractive fences and other safety devices will be provided.
(d) 
Sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.
(e) 
Adequate off-street parking will be provided.
(f) 
All of the area, yard and building coverage requirements of the respective zone will be met.
I. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection I, Professional residential office, was repealed 7-21-2015 by L.L. No. 4-2015.
J. 
Commercial and municipal parking lots and parking structures.
(1) 
The applicant shall submit with the application:
(a) 
Detailed site and drainage plans, to scale, as may be necessary to show boundaries of the tract.
(b) 
All applicable dimensions set forth in this Zoning Chapter.
(c) 
All streets and easements.
(d) 
Parking and vehicular circulation and the relationship of the proposed use to highways, streets and adjacent properties.
(e) 
Landscaped areas, existing and proposed.
(f) 
Drainage. The location of existing or proposed structures within the tract and within 100 feet of the tract.
(2) 
No such special permit shall be permitted, unless the Planning Board shall determine that:
(a) 
The proposed use in a specific location is necessary and convenient for the efficient parking and storage of vehicles, trucks, boats and nonmotorized trailers and will in no way detract from the character of the neighborhood or area in which the use is to be located.
(b) 
Adequate and attractive fences and other screening devices will be provided.
(c) 
Sufficient landscaping, including trees and shrubs, will be provided and periodically maintained.
(d) 
The parking and storage area or areas will be provided with asphalt, concrete, brick or similar dustless, durable, all-weather pavement and with suitable night-lighting facilities that will be shielded from view from adjoining streets and residential areas.
(e) 
Parking and storage of all vehicles, trucks, boats and nonmotorized trailers will be limited to those licensed and in good repair.
(f) 
No more than one toll collector booth may be permitted for each commercial parking or storage area, exit or entrance.
(g) 
No driveway shall open onto a public street or road within approximately 150 feet of an intersection of such street or road with another public street or road. In determining the suitability of proposed or existing driveways upon the site, the Planning Board shall consider such factors as grade and site clearance, the number and pattern of driveways, the number, location and design of ingress and egress points, the volume of traffic which may be anticipated on the site and adjoining roads and the condition and width of pavement of adjoining roads.
A. 
Any change or modification to a use requiring site plan or special permit approval shall require Planning Board review, except for the following:
(1) 
Removal or repair of a dangerous condition to a principal or accessory structure when determined by an enforcement agency that circumstances exist which, if not corrected, contribute a threat to life, health or safety of the general public or such other persons for whose protection such regulations were intended. Such determination may be verbal or in writing. The term "enforcement agency" shall refer to any public agency or official having jurisdiction to issue orders affecting the life, health and safety of persons within the Village of Liverpool.
(2) 
Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting, facade repair and roof replacement of principal and accessory structures.
(3) 
Changes in ownership or management of an establishment which do not change the specific use of the property.
(4) 
Repaving or painting of driveway and parking areas without altering the approved traffic pattern or drainage.
(5) 
Routine landscaping and plant replacement or establishment of new landscaped areas without altering the approved vehicular circulation and parking pattern or pedestrian circulation pattern, consistent with any applicable controls in the approved plan concerning height, location and visibility.
(6) 
Repair or replacement in kind of existing screening devices.
B. 
If the Planning Board determines that a proposed change or modification to a use requiring site plan approval or a special permit is substantial, the Board shall hold a public hearing as if for a new site plan approval or special permit. A change or modification shall be deemed substantial if the proposal:
[Amended 10-21-2019 by L.L. No. 8-2019]
(1) 
Significantly changes the intended use, design, character or nature of development of the property in question;
(2) 
Is detrimental to the appropriate development or use of adjacent lands and buildings;
(3) 
Is detrimental to the orderly flow of vehicular and pedestrian traffic on site and off site; or
(4) 
Is detrimental to neighborhood character and aesthetics by the creation of unattractive or nonmaintained conditions to the exterior of any building or grounds on the property.
The Planning Board may impose conditions incidental to the issuance of a special permit which, in its opinion, are reasonable and necessary; included by way of illustration and not limitation are: restrictions upon the hours of operation of any such special permit use or improvements incidental thereto, including elements such as signs or site and building design features, provided that these incidental elements are in compliance with the applicable provisions of this chapter and the Community Design Handbook.[1]
[1]
Editor's Note: The Community Design Handbook is on file in the Village offices.