Mount Pleasant City Zoning Code
ARTICLE I
General Provisions
§ 218-1 Purpose.
There is hereby established a Comprehensive Zoning Plan for the unincorporated part of the Town of Mount Pleasant, New York (hereinafter referred to as the "Town"), which plan is set forth in the text, maps and schedule which constitute this chapter. Said plan is adopted for the purposes set forth in Article 16, Chapter 62, of the Consolidated Laws of the State of New York[1] and more particularly for the protection and promotion of the public health, safety and welfare, as follows:
A.
To guide the future growth and development of the Town in accordance with a comprehensive plan of land use and population density that represents the most beneficial and convenient relationships among the residential, commercial and public areas within the Town, considering the suitability of the various uses in each area and the potentiality for such uses as indicated by existing conditions and trends in population, having regard for use of land, building development and economic activity, with such conditions and trends being considered both within the Town and in relation to adjoining areas.
B.
To provide adequate light, air and privacy, to secure safety from fire and other danger and to prevent overcrowding of the land and undue congestion of population.
C.
To protect the character and the social and economic stability of all parts of the Town and to ensure that all developments shall be orderly and beneficial.
D.
To protect and conserve the value of buildings in the various districts established by this chapter.
E.
To bring about the gradual conformity of the uses of land and buildings throughout the Town to the Comprehensive Zoning Plan set forth in this chapter and to minimize conflicts among the uses of land and buildings.
F.
To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Town.
G.
To aid in providing a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building development, investment and other economic activity relating to uses of land and buildings throughout the Town.
H.
To limit development to an amount commensurate with the availability and capacity of public facilities and services.
I.
To prevent the pollution of streams and ponds, to prevent floods, to safeguard the water table and to encourage the wise use and sound management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land.
J.
To broaden the variety of housing available in the Town and to provide opportunities for persons of varying needs, desires and abilities to live within Mount Pleasant and to strengthen the viability of older commercial areas of the Town and help preserve historic structures therein.
[Added 12-30-1985]
[1]
Editor's Note: See the Town Law of the State of New York.
§ 218-2 Word usage.
All words used in the present tense include the future tense; all words in the plural number include the singular number; and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the word "shall" is mandatory and not directory. The word "person" includes any legal entity as well as an individual. The word "use" shall be deemed also to include "designed, intended or arranged to be used." Unless otherwise specified, all distances shall be measured horizontally. The word "Town" means the unincorporated part of the Town of Mount Pleasant; the term "Town Board" means the Town Board of said Town; the term "Board of Appeals" means the Zoning Board of Appeals of said Town; the term "Planning Board" means the Town Planning Board of said Town.
§ 218-3 Definitions. [1]
As used in this chapter, the following terms shall have the meanings indicated:
A dwelling unit containing no more than 800 square feet of floor area.
[Added 5-14-1991]
To change or rearrange the structural parts or the exit facilities of a building or structure, including an extension or an increase in height or the moving from one location or position to another.
Total of areas taken on a horizontal plane at the main grade level of principal buildings and all accessory buildings, exclusive of uncovered porches, parapets, steps and terraces.
The total area within the property lines of a site, excluding external streets.
A dwelling which is designed, intended and operated for and whose occupancy is restricted to persons 62 years of age or older and in which housekeeping and personal care services, other than medical care, are provided in addition to food service and shelter. The term "assisted living residence" shall not be deemed to include a boardinghouse or a nursing home.
[Added 6-12-2018 by L.L. No. 3-2018]
That portion of a building wholly or partly underground.
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
A subordinate building, the use of which is customarily incidental to that of a main building on the same lot.
The horizontal distance between the furthermost walls of a building, measured along or parallel to the axis of its greatest dimension.
A building in which is conducted the main or principal use of the lot on which said building is situated.
An enclosed building for the storage of vehicles on a nontransient basis, which shall otherwise not fall within the definitions of public or private garage and in which vehicles being stored are not expected to enter and exit the facility on a daily basis. No vehicle sales showrooms, automated car washing facilities or substantive mechanical or repair work shall be permitted in a car storage facility.
[Added 4-10-2018 by L.L. No. 2-2018]
Land used or intended for use for the interment of human remains, including but not limited to a burial park for earth interments, a mausoleum for vault or crypt interments or a combination of one or more of the above. A cemetery shall be considered a religious, charitable or eleemosynary institution and must comply with the regulations pertaining to such uses as herein defined.
[Added 2-9-1993]
A facility and program for the caring of children away from a child's home. "Child day-care center" shall not refer to a day camp, kindergarten or prekindergarten, nursery school, or an after-school program operated for the primary purpose of religious education, or a facility operated by a public school district. The operator must obtain and maintain in good standing all required approvals, licenses and registrations required by New York State and Westchester County. Child day-care centers shall not include programs operating as a group family day care, family day-care home or school-age child-care programs as defined in Article 6, Title 1, Care and Protection of Children, § 390, of the Social Services Law.
[Added 3-26-1996]
An organization catering exclusively to members and their guests, or premises and buildings used for recreational, athletic or social purposes which are not conducted primarily for gain, provided that there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
An open, unoccupied space, other than a yard, on the same lot with a building or group of buildings, which is bounded on two or more sides by such building or buildings.
A court enclosed on all sides by the exterior walls of a building.
A court extending to a street line or opening upon any front, side or rear yard.
That percentage of the lot area covered by buildings.
An area used for the interment of cremated remains. A cremorial unit may be a ground burial plot or a location in a mausoleum or other similar structure; however in either case, the appropriate setbacks shall apply. A cremorial unit located in a ground burial plot shall not include a gravestone, marker or monument taller than twelve inches in height.
[Added 9-14-2004]
RESIDENCE DISTRICTAny district prefixed by "R."
COMMERCIAL DISTRICTAny district prefixed by "C."
A building designed or used exclusively as living quarters for one or more families; the term shall not be deemed to include a motel, hotel, rooming house or tourist home.
A building or portion thereof containing three or more dwelling units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or portion thereof providing complete housekeeping facilities for one family.
A resident of the Town of Mount Pleasant aged 62 years or over. The term shall include "senior citizen."
[Added 8-17-1982]
One or more persons occupying a dwelling unit and living as a single housekeeping unit in a domestic relationship, with kitchen facilities and other rooms used in common.
Includes the use of a lot, either as a principal use or an accessory use, for the purpose of producing agricultural, horticultural, floricultural, vegetable and fruit products of the soil, and shall include dairy farming. The breeding, keeping or raising of horses and other domestic farm animals shall not be included except as an incidental accessory use to a principal farm use. Riding academies, livery stables, dog kennels, the breeding, raising or habitation of fur-bearing animals and stands for the sale of product shall not be included.
Includes processing of the products of only the farm on which such processing is conducted, the repair of farm implements and equipment used thereon, the incidental processing of fruit products and such other activities that are normally carried on as part of the operation of a farm or farm use, except as herein limited.
The ratio of the aggregate floor area of a building, exclusive of a cellar and basement areas used only for storage or services incidental to the operation or maintenance of the building, to the site area of the lot on which the building is located.
The extent of a building or of land along a street.
A line parallel to the front lot line and at a distance therefrom equal to the a minimum front yard dimension for the district in which located.
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use.
A building or part thereof used for the storage, care, repair or painting of motor vehicles for remuneration, including any sale of motor vehicle accessories, or where motor vehicles are kept for hire.
Any area of land, including structures thereon or any building or part thereof, that is for the sale of gasoline or other motor vehicle accessories, which may or may not include facilities for lubricating, washing, minor repairs to or otherwise servicing motor vehicles, but not including painting or body work and, where permitted, may include a gasoline station convenience store.
[Amended 5-11-2010]
An area, not to exceed 1,000 square feet, of a gasoline filling station's principal building that is used for the retail sale of a limited variety of foods and merchandise to the public, including beverages, candy, cigarettes and other convenience items, and where products are sold for consumption off the premises. Gasoline station convenience stores shall be permitted only as an accessory use to gasoline filling stations in the C-NR, C-GC, M-1 and M-2 Districts, as provided for in § 218-33J of this chapter.
[Added 5-11-2010]
The elevation of the completed surfaces of lawns, walks and roads adjoining the wall at that point at any point along the wall of a building.
The vertical distance to the level of the highest point of the roof's surface if the roof is flat or inclines not more than one inch vertical in one foot horizontal or to the mean level between the eaves and the highest point of the roof if of any operation type, measured as follows:
If the building adjoins the front property line or is not more than 10 feet distant therefrom, measured at the center of the front wall of the building from the established grade of the curb or, if no grade has been officially established, from the elevation of the existing curb or, if no grade has been officially established and no curb exists, measured from the average level of the finished ground surface across the front of the building.
If the building is more than 10 feet from the front property line, measured from the average level of the finished grade adjacent to the exterior walls of the building. Where the finished ground surface is made by filling, the level of such finished grade, for the purpose of this definition, shall not be deemed to be more than three feet above the established grade of the curb.
Any use customarily conducted entirely within a dwelling and carried on only by the residents thereof, using only customary home appliances, which use is clearly incidental or secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The conducting of a clinic, hospital, barbershop, beauty parlor, hairdressing establishment, tearoom, tourist home, rooming house, animal hospital or any similar use shall not be deemed to be a home occupation.
Unless otherwise specified, includes a sanatorium or other place for the diagnosis, treatment and care of human ailments, but not including a rest home, nursing home or convalescent home.
Any portable or mobile vehicle used or designed to be used for living purposes, with its wheels, rollers or skids in place. A trailer without its wheels, rollers or skids in place shall be subject to all regulations applicable to a building or structure. See § 218-20A.
A dwelling which is designed, intended and operated for and whose occupancy is restricted to persons aged 62 or older in which a kitchen for personal use is available and for which there are also common amenities for the resident thereof outside the unit, including dining facilities, laundry, security and housekeeping services.
[Added 3-9-2021 by L.L. No. 2-2021]
A place where junk, waste or discarded or salvaged materials are stored, kept or abandoned, including the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof.
Any off-street space available for the parking of one truck for the loading or unloading of goods, not less than 15 feet wide, 40 feet long and 14 feet high and having direct usable access to a street or alley, except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.
A parcel of land not divided by streets, occupied or to be occupied by a building or buildings and accessory buildings, together with such open spaces as are required under the provisions of this chapter, and having its principal frontage on a street or on such other means of access as may be deemed in accordance with the provision of law to be adequate as a condition for the issuance of a zoning permit for a building on such land.
The total horizontal area included within lot lines.
A lot of which at least two adjacent sides abut on streets or public places. Any other lot is an interior lot.
The mean horizontal distance between the front and rear lot lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property line or lines separating the lot from the street or streets.
The property lines bounding a lot, as defined herein.
The mean width of a lot measured at right angles to its depth.
A place of business where the principal and/or accessory use involves one or more individuals offering to patrons the practice of massage services for remuneration. All individual and/or entities that are exempt from the provision of Article 155 of the New York State Education Law shall also be exempt from the requirements of this subsection.
[Added 12-13-2016 by L.L. No. 10-2016]
Any individual who offers to engage in the practice of massage services, except for those individuals who are exempt from the provision of Article 155 of the New York State Education Law.
[Added 12-13-2016 by L.L. No. 10-2016]
Any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the body, flesh or musculature with the hands or with the aid of any mechanical electrical apparatus or appliance, with or without such supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, lotions, ointments, or other similar preparations, for therapeutic, rehabilitative or relaxation purposes within a massage establishment.
[Added 12-13-2016 by L.L. No. 10-2016]
A dwelling which is designed, intended and operated for and whose occupancy is restricted to persons needing assistance with activities of daily life, such as meal services, laundry service, housekeeping, social activities, transportation and personal services, in a group setting to persons with Alzheimer's disease and/or other forms of memory impairment.
[Added 3-9-2021 by L.L. No. 2-2021]
An intermediate level between the floor and ceiling of any story with an aggregate floor area of not more than one-third of the area of the room or space in which the level is located. A mezzanine shall be considered a portion of the story below. Such mezzanines shall not contribute to either the gross floor area of the building or the number of stories. The clear height above and below the mezzanine floor shall be not less than seven feet.
[Added 5-24-2016 by L.L. No. 8-2016]
A series of attached, semidetached or detached dormitory units, or for motels in a C-RB District, executive suites, without kitchen facilities, other than a bar area which may include a sink, a refrigerator not in excess of five cubic feet in size and a microwave oven of a size not in excess of 0.8 cubic foot in capacity, provided with an automobile parking space convenient to each unit and providing lodging with or without meals and other incidental services for a transient clientele exclusively.
[Amended 2-10-1998]
Any existing retaining wall that, if removed, would be a detriment to the use of the property or would create an unsafe condition.
[Added 2-23-2016 by L.L. No. 2-2016]
A use of a building or of land that does not conform to the regulations as to use in the district in which it is situated, which use was lawful at the time this chapter or amendments thereto became effective.
A school designed to provide daytime care or instruction for five or more children from two to five years of age, inclusive, but excluding child day-care centers as defined in this section.
[Amended 3-26-1996]
An off-street area containing one or more parking spaces, with passageways and driveways at least 25 feet in width appurtenant thereto. Parking areas shall average about 350 square feet of parking area per parking space.
An off-street space available for the parking of one motor vehicle on a transient basis, having dimensions of not less than nine feet by 20 feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a street or alley.
A covered walkway in the form of a roof supported by multiple columns or pillars (not containing walls) for the sole purpose to shield from rain or snow on a standard landing before entering a structure. A portico may project up to five feet into the front yard setback by the width of the standard landing. A portico that projects beyond five feet into the front yard setback or exceeds the standard landing width will be required to be issued a variance by the Zoning Board.
[Added 10-11-2016 by L.L. No. 9-2016]
Professional offices in which medical care is provided to persons solely on an outpatient basis by one or more members of the medical professions including chiropractors, dentists, doctors, osteopaths, podiatrists, therapists, or other licensed medical service providers. Professional medical offices may, subject to any applicable state and/or federal regulatory requirements, also include, but are not limited to, medical testing labs or offices, offices for x-ray, sonograms, MRI, CAT scans and other medical imaging services, offices for the administration of nuclear medicine, radiation therapy, infusion, dialysis and similar medical treatments, offices for outpatient surgical and nonsurgical procedures. "Professional medical offices" shall not mean hospitals, nursing homes, or any other inpatient facility.
[Added 7-9-2019 by L.L. No. 11-2019]
A line of record bounding a parcel of land and dividing it from another parcel of land, right-of-way, body of water or public space. Any building, structure, wall, fence, parking area, or any other physical improvement (requiring the issuance of any permit) located directly on a property line shall be deemed to be shared between the adjacent property owners, and shall require an easement or other legal mechanism to accommodate the shared use.
[Added 10-11-2016 by L.L. No. 9-2016]
Any building or portion thereof containing 10 and not less than 10 rooms without kitchen facilities that are used, rented or hired out, to be occupied or that are occupied for sleeping purposes for compensation, whether the compensation is paid directly or indirectly. The term "rooming house" shall be deemed to include lodging house and boardinghouse but not tourist home, motel or multifamily dwelling.
[Amended 2-13-1973]
A managed residential community that provides a combination of the dwelling units, features and amenities of an independent living residence, an assisted living residence and/or a memory care residence within the same building or buildings on a single development site.
[Added 3-9-2021 by L.L. No. 2-2021]
A type of nonhabitable accessory structure typically used for the storage of tools, landscaping equipment, pool accessories, household recycling, recreational equipment or similar items shall be restricted in height and outside of the setbacks as established in § 218-20.3.
[Added 10-11-2016 by L.L. No. 9-2016]
Any device for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge or insignia of any governmental agency or any civic, charitable, religious, patriotic or fraternal or similar organization. For the purposes of this chapter, signs shall be considered to be structures and shall be subject to all regulations applicable to structures.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if the ceiling is more than three feet above the level from which the height of the building is measured or if it is used for business purposes or for dwelling purposes by other than a janitor or watchman and his family.
[Amended 10-24-2006]
A story with at least two opposite exterior sides meeting a sloping roof not more than two feet above the floor of such story.
A way, whether public or private, which affords the principal means of access to abutting property.
Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires location on or in the ground extending to the surface thereof or attachment to something having location on the ground.
A building of residential character offering overnight lodging, with or without meals, to transients for compensation.
The Town of Mount Pleasant.
[Added 12-13-2016 by L.L. No. 10-2016]
Areas of grassed, wooded or similar areas not covered by impermeable materials having a minimum horizontal dimension of 25 feet.
[Added 5-14-1991]
The specific purpose for which land or a building is a designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
A use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
A retail outlet with 25% or more of its retail space devoted to selling or distributing of any electronic cigarette or vapor products, including but not limited to electronic cigarettes; vape pans, dissolvable liquids; vaporizing liquids, oils or gels; mods; atomizers, vape tanks; and coilheads.
[Added 9-25-2018 by L.L. No. 6-2018]
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in § 218-12. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid section as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively, and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
A yard extending across the full width of the lot and lying between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard or, in the absence of either of such yards, to the front and rear lot lines, as the case may be.
§ 218-4 Enumeration of districts.
The Town of Mount Pleasant is hereby divided into the following classes of districts:
R-40 One-Family Residential Districts |
R-20 One-Family Residential Districts |
R-10 One-Family Residential Districts |
R-5A Multifamily Residential Districts |
R-3A Multifamily Residential Districts |
R-3AU Multifamily Residential Districts [Added 11-25-1980] |
PRD-T Transitional Residential Districts [Added 8-17-1982; amended 3-13-2001 by L.L. No. 1-2001] |
OB1 General Office Building Districts |
OB2 Public Utility Office Building Districts |
OB3 Research Office Building Districts |
OB4 Commercial Office Building Districts |
OB5 Office Business Districts [Added 9-23-1969] |
OB6 Office Building, Distribution, Limited Fabrication Districts [Added 4-14-1976] |
OB-CE Corporate Office Education District. [Amended 3-13-2001 by L.L. No. 1-2001] |
OB-T Transitional Nonresidential District. [Amended 3-13-2001 by L.L. No. 1-2001] |
C-NR Neighborhood Retail Districts |
C-PS Planned Shopping Districts |
C-RB Rural Business Districts |
C-GC General Commercial Districts |
M1 Planned Light Industry Districts |
M2 Light Industry Districts |
OSR District [Added 8-14-2001] |
§ 218-5 Zoning Map.
Said districts are bounded and defined as shown on a map or maps entitled "Amended Zoning Map, Town of Mount Pleasant, N.Y.," adopted and certified by the Town Clerk, which accompanies, and which, with all explanatory matter thereon, is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
§ 218-6 Order of restrictiveness.
Where districts are referred to as more restrictive or less restrictive, the designation shall refer to the order in which the districts are named above, the first named being the most restrictive.
§ 218-7 District boundaries.
Where uncertainty exists as to the location of any boundaries shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines are intended to follow streets, rights-of-way, watercourses or lot lines or to be parallel or perpendicular thereto, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
B.
Where district boundaries are indicated as following approximately streets, rights-of-way, watercourses, the center lines thereof shall be construed to be such boundaries.
C.
Where district boundaries are indicated that they approximately follow the edge of lakes, ponds, reservoirs or other bodies of water, the mean high-water lines thereof shall be construed to be the district boundaries, except that the regulations of the most restrictive district on the edge of such a body of water shall apply to the area within the mean high-water line thereof.
D.
Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be such boundaries.
E.
In unsubdivided property or where a district boundary divides a lot, the location of any such boundary, unless the same is indicted by dimensions shown on said map, shall be determined by the use of the map scale shown thereon.
F.
If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.
§ 218-8 Lots in two or more districts.
Where a lot in one ownership of record is divided by one or more district boundary lines, regulations for the less restricted portion or portions of such lot shall not extend into the more restricted portion or portions.
§ 218-9 Interpretation; applicability.
A.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. This chapter shall not be deemed to affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations or by easements or covenants or agreements, the provisions of this chapter shall prevail.
B.
Except as hereinafter provided, the following general regulations shall apply:
(1)
Conformance required for all land and buildings. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with this chapter and particularly with the schedule constituting § 218-10 of this chapter for the district in which such building or land is located, except as hereinafter provided.
(2)
Lot required for every building. Every building hereafter erected shall be located on a lot as herein defined. There shall be not more than one main building and its accessory buildings on one lot, except for nonresidential buildings and multifamily dwellings in districts where such uses are permitted.
(3)
Yards and open space can apply to only one building. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building. No yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot.
(4)
Subdivision of a lot. Should a lot thereafter be formed from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless both the new lot and the portion of the old lot remaining comply with all of the provisions of this chapter.
(5)
Irregularly shaped lots. Where a question exists as to the proper application of any of the regulations of this chapter to a particular lot or parcel because of the peculiar or irregular shape of the lot or parcel, the Board of Appeals shall determine how such regulations shall be applied.
(6)
Required street frontage. No permit shall be issued for any building unless the lot upon which that building is to be built has a frontage of at least 25 feet, or 15 feet in the case of C-NR, C-GC or M2 Districts, on a street or highway as defined in § 280-a of the Town Law, which street or highway shall have been suitably improved, or a bond posted therefor, to the satisfaction of the Town Board or Planning Board, as provided in said law, unless an open development area is established by the Town Board as provided in said law.
(7)
Lots underwater or subject to periodic flooding. No more than 25% of the minimum area requirement of a lot may be fulfilled by land which is underwater or subject to periodic flooding. Land which is underwater that is open to use by persons other than the owner of a lot shall be excluded entirely from the computation of the minimum area of that lot. Minimum off-street parking requirements, minimum usable open space requirements, minimum usable areas for sanitary disposal purposes and building sites must be satisfied by dry land not subject to flooding.
(8)
Screening of business areas adjacent to residential zones. Where a lot or parcel in a C-PS, C-NR, C-RB or C-GC Business District abuts a residential district, said lot shall be suitably screened on the side or sides abutting such residence district. "Suitably screened," in this instance, shall mean placing and maintaining an evergreen landscaping strip which, at all times of the year, shall prevent visual sighting from ground level from an abutting use. Such screening shall be a minimum of six feet in height and five feet in depth. The Board of Appeals shall approve plans for such screening before a building permit shall be issued.
§ 218-10 Schedule of Regulations.
A.
The Schedule of Regulations appended hereto,[1] which defines the use of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, loading space and all other matters contained herein, as indicated for the various districts by this chapter, is hereby adopted and declared to be a part of this chapter. The regulations listed for each district as designated, reading from left to right across the schedule, are subject to all other provisions of this chapter and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. The listing of any use in said schedule either as being permitted in or being excluded from any particular district shall be deemed to be an exclusion from any more restricted district, unless such use is permitted in such more restricted district under the language set forth in the schedule applying thereto. Only those uses specifically listed as being permitted shall be permitted.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
B.
If a separate parcel of land conforming to the provisions contained in the Schedule of Regulations shall be reduced in area below the requirements of said Schedule of Regulations by the taking or acquisition of a portion thereof for a public purpose, the remaining portion thereof shall be deemed to be a conforming parcel in all respects under the provisions of this chapter, provided that such acquisition or taking shall not reduce such remaining area below 90% of the required area nor any required mean width or mean depth below 90% of the required mean width or mean depth.
§ 218-10.1 Required notices for applications to Town Planning Board and Zoning Board of Appeals.
[Added 4-11-2023 by L.L. No. 3-2023; amended 3-11-2025 by L.L. No. 4-2025]
A.
Applications requiring written notice to neighbors within a 500-foot radius and/or within the Planning Board or Zoning Board of Appeals’ discretion. All applicants to the Town Planning Board and Zoning Board of Appeals seeking a major subdivision and/or a commercial project seeking site plan approval and/or a special permit, at least 10 days prior to attending a public hearing of the Planning Board and/or Zoning Board of Appeals, shall send written notice by certified mail, return receipt requested, to all owners of property within a 500-foot radius of the perimeter of the property which is the subject of the application and to any other such persons as the Planning Board and/or Zoning Board of Appeals may deem necessary, all at the expense of the applicant. Applicants shall also send written notice by certified mail, return receipt requested, to all owners of property in nearby residential neighborhood(s) to any commercial project in excess of 50,000 square feet, all at the expense of the applicant. Said determination shall be made by the Planning Board and/or the Zoning Board of Appeals. Property owners entitled to notice shall be those listed as owners on the records of the Mount Pleasant Tax Assessor’s office as of the date of mailing. The written notice shall contain information equal to the notice published in the newspaper, and proof of mailing receipts must be furnished five days prior to the public hearing. Should the determination of the landowners entitled to receive notice be in question when determined by the above methodology, the notifier shall forward notice to the questioned landowners also.
B.
Written notice for residential applications. All applicants seeking site plan approval for a residential property or a variance, at least 10 days prior to attending a public hearing of the Planning Board and Zoning Board of Appeals, shall send a written notice by certified mail, return receipt requested, to all contiguous landowners and landowners on the opposite side of the highway or right-of-way on which the applicant's property has frontage. The landowners on the opposite side shall be determined by extending straight lines perpendicular to the highway or right-of-way on which the applicant's property abuts from the end points of that frontage where the property line recedes from the highway or right-of-way. Frontage on more than one highway or right-of-way requires that all opposite owners be given notice, including the property owner diagonally opposite a corner parcel. Property owners entitled to notice shall be those listed as owners on the records of the Mount Pleasant Tax Assessor’s office as of the date of mailing. The written notice shall contain information equal to the notice published in the newspaper, and proof of mailing receipts must be furnished five days prior to the public hearing. Should the determination of the landowners entitled to receive notice be in question when determined by the above methodology, the notifier shall forward notice to the questioned landowners also.
C.
Sign posting requirement. For applications for special permits, variances, site plans, subdivisions and for other matters requiring written notice as established by this chapter, with the exception of applications relating to one-family and two-family dwellings, every applicant is further required to erect a sign facing each public street on which the property abuts, giving notice that such application has been made and that a public hearing will be held. In instances where the property in question has street frontage of greater than 1,500 feet, signs will be posted every 750 feet along each public street. The color, material, size, content and wording of the sign shall be prescribed by, and from time to time may be changed by, resolution of the Town Board. The specifications for the signs shall be kept on file in the Town’s Building Department. The signs shall state that there is a pending application on the property and a telephone number to call for further information. Signs are to be displayed for a period of not less than 10 days immediately preceding any hearing date or any adjourned hearing date. The sign shall remain in place until the day after the hearing is closed and shall be removed no more than a week after the final vote of the applicable board. The cost of posting the signage shall be paid by the applicant. If final action is not taken upon an application on the date shown on the sign, the sign shall be updated to show the next date, time and place when the application will appear on the agenda of the relevant Board. The sign shall be updated no later than 10 days before the date of the meeting when the application will next appear on the agenda of the relevant board. The sign shall not be set back more than 10 feet from any property or street line. Said sign shall be affixed to a suitable frame which will assure visibility from the street at all times.