Subject to the requirements contained in Subsection J below, use of a gasoline filling station shall be limited to the retail sale of motor fuels, lubricants and other motor vehicle supplies and parts, the accessory parking and storage of motor vehicles as hereinafter limited and minor repair and service activities, not including body and fender work.

There shall be indoor bays or garage space for no more than four motor vehicles.

Use of a gasoline filling station for the sale of new or used motor vehicles shall not be permitted.

A gasoline service station convenience store shall be permitted as an accessory use to a gasoline filling station located in the C-RB, C-NR, C-GC, M-1 and M 1 and M-2 Districts only.

The net floor area of a gasoline service station convenience store shall not exceed 1,000 square feet.

There shall be one parking space provided for each 200 square feet, or portion thereof, of gasoline service station convenience store use. Parking spaces at gasoline pumps shall not be used to satisfy the parking requirement for a gasoline service station convenience store.

Appropriate landscaping as approved by the Planning Board shall be installed and permanently maintained.

A gasoline service station convenience store shall be located on a state highway and within 500 feet of a parkway exit.

Exterior site lighting shall not extend beyond the property line. All luminaires shall be shielded and provided with 90-degree cutoffs. Pole-mounted light fixtures shall not exceed 15 feet in height. The maximum permitted illumination at the property line shall be 0.5 footcandle.

Pursuant to Chapter 218, all signs shall be considered to be structures and shall comply with the applicable zoning regulations. Signage for the convenience store shall be limited to one building-mounted and one pole- or pylon-mounted sign. Temporary signage is prohibited.

There shall be no provision for on-site consumption of food by patrons, including but not limited to tables, chairs and eating utensils.

Safety measures shall include, at a minimum, unobstructed windows of an adequate size, which should allow activities inside to be seen from the outside. Additional measures can include drop safes, visible cash registers, video surveillance and panic or holdup alarm systems provided pursuant to the requirements of the Mt. Pleasant Police Department.

A traffic circulation plan shall be provided, demonstrating how the use of the site for both the gas station and the convenience store will not create unsafe conditions or vehicular conflicts. The use of bollards or other physical devices may be employed to ensure the safety of vehicles, pedestrians and structures.

A gasoline service station convenience store shall only be permitted in space presently utilized as an indoor bay or garage space.

One house or apartment with or without kitchen facilities for the use of the motel manager or caretaker and his family.

One restaurant, coffee shop or cafeteria providing food and drink without entertainment and serving either motel guests exclusively or the general public.

Amusement and sport facilities for the exclusive use of motel guests, including:

Automobile parking garages or carports for the exclusive use of the motel guests and off-street parking spaces.

An office and lobby, provision of which shall be mandatory for each motel.

Motels without interior corridors:

Motels with interior corridors and provided that the site is in a C-RB District abutting a state highway and is not adjacent to a residential zoning district:

Signs:

Motel dormitory units shall not be interconnected by interior doors in groups of more than two units, except that units in a C-RB District may be entered through interior central corridors.

The maximum dimension of any motel building shall not exceed 200 feet.

The total interior floor area of each motel dormitory unit, inclusive of bathroom and closet space, shall not be less than 300 square feet. However, in any motel, 30% of the units may have floor area less than 300 square feet but not less than 225 square feet, provided that no unit having less than 300 square feet shall contain more than one double or two single beds.

The distance between buildings shall not be less than 50 feet, except that this distance may be reduced to 25 feet where no driveway passes between buildings.

The definition of "motel" contained in this chapter notwithstanding, an individual kitchenette may be provided in any unit having a floor area of 300 square feet or more, except that no more than 20% of the motel units in any building shall contain kitchenettes, and such kitchenettes shall not include refrigerators of a size larger than 10 cubic feet in capacity, dishwashers, ovens, or microwave ovens of a size larger than 1.5 cubic feet in capacity.

For motels, at least one automobile parking space, carport or garage shall be provided on the site for each motel unit and shall be located within 50 feet of the motel unit which it serves, or, for motel units in a C-RB District serviced by interior central corridors, each parking space shall be located within 250 feet of a motel building entrance.

For restaurants, coffee shops or cafeterias, at least one automobile parking space shall be provided for every 100 square feet of floor area devoted to patron use.

All off-street parking areas shall be at least 50 feet from all property lines, except that, for motels in a C-RB District, this distance may be reduced to 10 feet from any side or rear property line adjoining a property in a nonresidential use district, and parking areas serving a restaurant, cafeteria or coffee shop shall be at least 50 feet from all motel dormitory units.

No sign shall be greater than 50 square feet in area. No more than one such sign shall be located on the site, except that an accessory restaurant, coffee shop or cafeteria may have one additional sign, but no such additional sign shall be greater than 25 square feet in area. Necessary small direction signs shall be permitted.

Signs shall be erected on separate structures and shall comply with all regulations applicable to the height and location of buildings and structures, except that signs may be erected to within 25 feet of the street line.

In addition to the signs permitted above, the approving agency may permit one additional sign, not exceeding 50 square feet in area, located on a wall of a permitted principal building. A lighted sign shall be so located and designed that it is not visible from any contiguous residence district if within 750 feet thereof, and an unlighted sign shall be so located and designed that it is not visible from any contiguous residence district if within 250 feet thereof. The additional sign may be permitted by the approving agency only if it can be clearly demonstrated that other permitted signs would not be satisfactory in bringing the presence of the motel to the attention of traffic on the principal roads from which the motel's clients would come and provided that such additional sign would be in general harmony with the district.

No sign shall be erected which would be a nuisance to adjacent residential property, school or parks. No sign shall be of the flashing type or be illuminated by exposed tubes, bulbs or similar exposed light sources.

No exterior lighting or other illumination shall be installed so as to constitute a nuisance to adjacent residential districts, schools or parks. No unshaded light sources shall be permitted. Lights shall be so located that their beams are not directed into residential areas or into the public highway. Necessary safety lighting of roads and buildings shall be permitted and required.

All athletic or recreation areas and facilities, other than golf courses, shall be located at least 50 feet from all property lines, but the line from any tee to its green, for a distance of 200 yards from the tee, shall be at least 100 feet from all property lines.

Outdoor public-address systems may be permitted by the Board of Appeals if it can be shown that no sound will carry beyond the limits of the club site.

All buildings shall be located at least 200 feet from street lines and at least 100 feet from all other property lines. Grandstands, gymnasiums, central heating plants and similar buildings shall be set back at least 200 feet from all property lines. The distance between buildings shall be at least twice the height of the taller building. Total coverage of the site by all buildings shall be limited to 20%. Dormitories and single-family dwellings shall be permitted as accessory buildings, provided that the minimum area of the site shall be increased by at least 1,000 square feet for each dormitory bed and by at least the minimum lot area of the applicable zoning district for each single-family dwelling. Use of such dormitories or dwellings shall be limited exclusively to students, teachers or other members of the staff of the school or college, and a dormitory or dwelling shall not subsequently be sold or rented as private residence or for any other legal use unless the building and any required lot surrounding it shall meet all regulations of the district in which it is located. For colleges:

Multifamily dwellings for the exclusive use of teachers and other members of the staff of the school shall be permitted as accessory buildings, provided that, in addition to all other site requirements, there shall be land set aside for each such dwelling of an area at least equal to the minimum residential lot size of the district in which such school site is located times the number of dwelling units in such dwelling and provided that each multifamily dwelling shall be at least 300 feet from any boundary line of the total school site and be so located with respect to the required additional land that a lot could be separated from the balance of the school site and meet these area requirements, with yards at least equal to twice those required in the district in which located, and provided further that there shall be no more than eight dwelling units in any multifamily dwelling and no more than one multifamily dwelling for each 50 acres of total school site area. No such multifamily dwellings or dwelling units therein shall subsequently be rented or sold unless the above-mentioned lot shall be created with frontage on an approved street and unless the Board of Appeals shall find that the private school to which such dwellings were accessory has ceased to operate or that the type of school has changed to one which no longer requires staff housing.

For colleges, the maximum height of buildings shall be four stories and 55 feet.

A school site shall contain suitably designed and improved outdoor playground or playfield areas of the following size:

Such playgrounds or playfields shall be located no closer than 100 feet to any property line.

They are located at least 400 feet from all property lines and screened by suitable landscaping.

All paths or trails used by horses shall be 150 feet from all adjacent buildings of neighboring property.

The riding hall shall be 200 feet from the nearest building occupied by humans, except that separate buildings may be occupied by persons employed in the care and maintenance of horses.

Adequate parking, egress, ingress, screening and building location shall be shown on a site plan to be approved by the Planning Board.

The owner shall stop operating on five days' notice of any violation.

Any change of site plan shall be resubmitted to the Planning Board for approval.

Unit substations serving the local area of the Town of Mount Pleasant shall have 10,000 square feet of minimum site area.

Substations serving the Town of Mount Pleasant and/or the surrounding regional area shall have 40,000 square feet of minimum site area.

No tower shall exceed 150 feet in height nor be closer to any property line than a distance equal to its height.

The Board of Appeals shall require suitable fencing to protect the public and shall also require enough landscaping and planting to screen effectively the substation from surrounding property.

All structures shall maintain the yard setbacks of the district in which located, but in no case shall the setbacks be less than 25 feet. The Board may increase these required setbacks or set other conditions in order to prevent any noise or other nuisance to surrounding property.

The Board shall require provision of suitable off-street parking spaces to accommodate maintenance or employees' vehicles.

Substations which would be a nuisance to surrounding property because of smoke, gas, odor, heat or vibration shall not be permitted in any residence or commercial district.

A minimum site area of 10 acres shall be required.

Setbacks of 100 feet from all property lines shall be required. The Board of Appeals may increase these required setbacks or set other conditions in order to prevent any noise or other nuisance to surrounding property.

The height of any building shall not exceed 35 feet or two stories. Such limitations shall not apply to ventilators, skylights, water tanks, bulkheads, building chimney, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above roof level. The total area covered by all such features shall not exceed 25% of the roof area, and such features shall not be greater than 15 feet in height above the level of the roof.

No radio relay tower shall exceed 150 feet in height nor be closer to any property lines than a distance equal to its height.

The Board of Appeals shall require suitable landscaping and planting to screen the communications' centers, radio relay building or buildings, computer centers and central heating and/or power plants from abutting properties. The grounds and the exterior of the buildings shall be kept and maintained in conformity with the best standards of good residential property.

The Board of Appeals shall require provision of suitable off-street parking spaces, located at least 50 feet from any property line, sufficient to accommodate employee and visitor vehicles.

The number of employees upon a minimum site of 10 acres at any one time shall not exceed 120. Twelve additional employees shall be permitted for each additional acre, not to exceed a total of 150 employees at any one time, provided that, if, upon application, the Zoning Board of Appeals shall determine, after public notice and hearing in the same manner required by law for zoning appeals, that additional employees may be permitted on the site without causing undue congestion on the streets or detrimental effects upon abutting properties, the Zoning Board of Appeals may increase the numbers of employees specified above to 125 and 13, respectively.

The regular activities shall be conducted entirely within the buildings.

The site plan shall be approved by the Zoning Board of Appeals, which shall determine that such plan conforms with the requirements herein set forth and that the anticipated traffic shall flow safely and conveniently and shall not have a detrimental effect upon abutting residential properties.

No use which would be a nuisance to surrounding property because of smoke, gas, odor, heat or vibration shall be permitted on the site, anything herein to the contrary notwithstanding.

There shall be no signs other than one facing each public street announcing the name and/or insignia of the company established on the site. Such a sign shall not exceed 15 square feet in area and shall not extend above the roof or coping of any building. The sign shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary small direction signs shall be permitted.

All exterior lighting, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from being seen from any adjacent residential property or from the street.

Yards shall be measured from grave sites to property lines unless a building/structure is proposed, in which case the yard is measured from the building/structure to the property line, as defined in § 218-3.

All grave sites shall be set back at least 100 feet from the property line of any adjacent parcel of land in a residential district.

All buildings/structures in cemeteries, including accessory buildings and including mausoleums, shall be set back at least 200 feet from the property line of any adjacent parcel of land in a residential district.

The Board of Appeals, in issuing a special use permit for a cemetery, shall require suitable fencing, landscaping and screening as deemed necessary to provide a buffer from adjacent land uses.

The yard requirements identified in Subsection B(2) and (3) above shall not apply with respect to the boundary of any adjacent property owned by any public entity or corporation, including the State of New York, the County of Westchester and the Town of Mount Pleasant, in which case the yard requirements provided in the Schedule of Regulations[1] for the district in which the cemetery is located shall apply, with the definition of "yard" as identified in Subsection B(1) above. Under these circumstances, the Board of Appeals, in issuing a special use permit for a cemetery, shall require suitable fencing, landscaping and screening as deemed necessary to provide a buffer from adjacent land uses.

All cremorial units shall be set back at least 50 feet from the property line of any adjacent parcel of land in a residential district. Cremorial units located within a mausoleum or other similar structure shall comply with the provisions of § 218-51B(3).

Minimum lot depth: 150 feet.

Minimum front yard: 65 feet with parking in the front yard or 25 feet with no parking in the front yard.

Side yard: same as for a residence in the district involved.

Rear yard: 30 feet.

Maximum height: 35 feet or two stories.

Said lot or parcel shall be immediately adjacent and contiguous to the boundary line of a business, commercial or industrial district for a distance of at least 50 feet but shall not be contiguous at more than one property line thereof to a side lot line in a residence district. For the purposes of this subsection, a lot or parcel across a street from a business, commercial or industrial district shall not be considered contiguous thereto. Only that portion of said lot or parcel that lies within 200 feet of a business, commercial or industrial district may be used for off-street parking purposes. The Board of Appeals may limit this distance to an amount less than 200 feet in order to prevent extension of such parking lots into an established residential area in such a manner that it would be difficult to maintain its residential character.

Use of said lot shall be limited to the accessory parking of private passenger vehicles of employees, customers or visitors of a principal business or industrial use located in the contiguous business, commercial or industrial district. There shall be no motor vehicle sales or service and no motor vehicle storage on said lot or parcel. There shall be no access to the parking lot at a distance of more than 150 feet from the boundary of such business, commercial or industrial district, and such access shall be limited to the street on which the adjoining business or industrial buildings have frontage.

The plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the Board of Appeals with regard to avoiding unsafe conditions and traffic congestion in the public street, protecting pedestrians on public sidewalks and providing for the safety and adequacy of access for cars and pedestrians using the parking facility. The parking facilities shall be suitably graded, surfaced, drained and maintained to the extent necessary to avoid nuisances of dust, erosion or excessive waterflow across public streets or adjacent lands.

The portion of the lot or parcel that is used for parking shall be bordered on all sides not contiguous to or across a street from the boundary of a business, commercial or industrial district, with a five-foot-wide buffer strip on which shall be located and maintained fencing and landscaping which the Board of Appeals shall find is of suitable type and size to effectively screen the parking lot from adjacent residential districts. In the case of a corner lot or parcel used for parking purposes, the parking lot shall be set back from the street on which contiguous lots in a residential district have frontage a distance equal to the required front yard of such district.

No sign shall be displayed on such lot or parcel except one identification sign not exceeding 10 square feet in area facing each street on which the parking lot has access. No sign shall be located outside of the portion of the lot or parcel used for parking purposes nor more than 100 feet from the business, commercial or industrial district boundary. Necessary small traffic control signs shall also be permitted.

Necessary lighting of parking areas shall be permitted, but there shall be no unshaded light sources, and lights shall be so located that their beams are not directed into adjoining properties or into the public highways.

The minimum lot area shall be 30,000 square feet;

The mean depth of the lot shall be at least 75 feet;

The minimum front yard shall be 10 feet. The front yard shall be deemed the yard of access when fronting on two roads, and the other shall be the rear yard;

The minimum side yard shall be 15 feet and the total of two side yards shall be at least 40 feet;

The minimum rear yard shall be 25 feet;

The maximum building height shall be three stories or 45 feet above average finished grade;

The maximum floor area ratio for the principal building shall be 3.0;

Maximum building coverage shall be 50%;

None of the required yards shall apply to or limit the location of the walls of any portion of the car storage facility that is below ground, so long as no portion of the building (either subterranean or above ground) is within five feet of any lot line; and

One off-street loading space is required of sufficient size to accommodate a vehicle carrier and/or trailer rig.

Off-street parking, either outdoors or in the facility;

An office with an associated lounge within the car storage facility, utilized in the operation of the facility, not to exceed 7,000 square feet in area.

In the execution of these regulations, the Town Board of the Town of Mount Pleasant recognizes that there are some uses which, by their very nature, have serious objectionable characteristics. The objectionable characteristics of these uses are increased by their concentration in any one area, thereby having deleterious effects on adjacent areas.

The unrestrained proliferation of such businesses is inconsistent with existing development and future plans for the Town of Mount Pleasant in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. As business activity drops off and the quality of life deteriorates, merchants and families move away from the area leaving it in a vacant and depressed state.

Adult entertainment use businesses exhibit these characteristics. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses. In order to prevent the unrestricted proliferation of such businesses and to ensure that those effects will not adversely effect the health, safety and economic well-being of the community, the Town Board of the Town of Mount Pleasant finds it in the public interest to enact these standards which regulate the placement, construction and/or permitting of adult entertainment use businesses in the Town of Mount Pleasant.

No more than one adult entertainment use as defined above shall be located on any individual lot.

No adult entertainment use shall be established or permitted in any building of which any part is used for residential purposes, or vice versa, including nonconforming residential uses.

No adult entertainment use shall be closer than 500 feet to any lot line of any other lot on which there is another adult entertainment use.

No adult entertainment use shall be established on a lot, or a portion thereof, that is closer than 500 feet to any residential district or nonresidential district which permits a residential use.

No adult entertainment use shall be established closer than 200 feet to the lot line of any church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.

No adult entertainment use shall be established unless the provisions of Chapter 218, Article VI, related to parking requirements and Chapter 176, Signs, related to signage and all other applicable regulations of the Town of Mount Pleasant have been met. Where there is conflict between the regulations as provided in this section and any other ordinance, rule or regulation, etc., of the Town of Mount Pleasant, the most restrictive ordinance, rule or regulation, etc., shall apply.

Any business or person currently operating an adult entertainment use within the Town of Mount Pleasant that fails to conform to the requirements of this chapter shall cease such use in accordance with the following amortization schedule:

The Town of Mount Pleasant finds it necessary to protect the public: i) from unlicensed establishments-practitioners that perform massages on unsuspecting persons; ii) from establishments operating under the guise of being a massage establishment, as defined herein, when actually engaging in illegal activities and subjecting the public to exposure to unclean, unhealthy and possibly contaminated conditions; and iii) from sex trafficking in persons and commercial sexual exploitation. These illegal activities have a deleterious effect on the public health, safety and welfare of the Town, its residents and the public at large. It is the intent of the Town to regulate the premises from which massage establishments are operated to promote and protect public health, safety and welfare.

Name, address, date of birth and social security number of the individual applicant(s). If the applicant is an entity, then the name, address, date of birth and social security number of each shareholder, member or partner (as applicable) having a 10% or greater ownership interest in such entity shall be provided.

For each individual who will provide massage services, a copy of his/her current registration certificate issued by the New York State Education Department listing the individual's name, address and dates of the registration period.

State the name of the massage establishment under which the applicant will operate and the address from which the business intends to offer massage services.

Describe the nature of the massage services to be provided.

State the maximum number of private rooms to be utilized by practitioners, and the number of entrances and exits to the message establishment.

State whether any part of the premises to be used as the massage establishment will be used for any purpose other than the providing of massage services.

The owner of the building from which the proposed massage establishment will operate shall be a coapplicant on the special permit application and any renewals thereof.

Affix to the application two copies of a scale drawing showing the dimensions of all rooms to be used for massage services and the locations therein of all massage tables.

The allowable hours of operation are between 7:00 a.m. and 9:00 p.m., unless otherwise determined by the Zoning Board of Appeals where good cause is shown by the applicant.

There shall be no outdoor activity associated with the massage establishment.

Price rates for all services shall be prominently posted or provided in brochures in the reception area or a location available to all prospective customers.

The genital area of the patrons and breast area of female patrons must be covered by sheets, cloths or undergarments when in the presence of a massage practitioner or other employee of a massage establishment.

Laundry and/or table covers shall be changed after each massage and/or client. Laundry shall be cleaned on a daily basis during the days the establishment is in operation.

All rooms, tables and equipment used in connection with massage services shall be sanitized daily.

All massage practitioners shall sanitize their hands prior to and after performing a massage.

No massage establishment shall have an entrance or exit providing direct passageway to any other type of business, residence or dwelling.

No massage services may be performed in a room, area or cubicle which is fitted with a door capable of being locked.

There shall be no obstruction of the passage of light through any windows of a massage establishment by means of, including but not limited to, affixing plywood, paper, or taping other opaque materials over the windows. This restriction does not apply to permitted signage or to the standard use of curtains or blinds.

No massage services shall be provided to individuals under the age of 18 unless the parent or guardian of said minor is physically present when such services are provided or such parent or guardian has provided written, notarized authorization for such services.

All massage establishments and massage practitioners shall possess and maintain valid licenses and certificates as required by all applicable state and local governmental authorities for the provision of massage services, including those required pursuant to Article 155 of the New York State Education Law, § 7800 et seq.

All massage establishments shall display in a prominent location within the premises a copy of a current New York State registration certificate for each individual offering massage services at said establishment. Upon request by a representative of the Town, the original of such documents shall be produced for inspection.

The property owner, landlord or special permit holder shall provide Town representatives with access to the premises for inspection.

Alcoholic beverages shall not be sold or consumed on any premises where massage services are provided.

All massage establishments shall comply with any other special requirements deemed appropriate by the Board of Appeals in furtherance of the purpose and intent of this subsection.

The Town of Mount Pleasant determines that there is an increasing need to provide specialized housing for senior citizens requiring some assistance with daily living. Accordingly, it is the intent of the Town Board to create a special permit use in the OB-1, OB-2, OB-3, OB-5, and OB-6 Districts, permitting assisted living residences (ALR) on those limited sites within these districts where such use will be compatible with surrounding uses and can be developed in an orderly and well-planned manner.

The ALR may be approved on one or more parcels within the OB-1, OB-2, OB-3, OB-5, and OB-6 Districts that contains a minimum area of 10 contiguous acres.

An ALR shall not be established within a 1/4 mile of any other existing ALR.

Individual residential units within the ALR units shall contain adequate living and sleeping area(s) and a private bathing facility or shower. Kitchenettes are permitted within ALR units, provided that adequate safety features are included in the design of such facilities; and further provided that, as contained herein, a kitchenette shall permit microwave ovens for cooking purposes but shall prohibit gas stoves, ovens, hot plates or any other device that maintains an open flame or exposed heated surface capable of creating a potential fire hazard.

An ALR may include the following in addition to individual residential units:

The maximum permitted density on a lot containing an ALR shall be based on the site area requirement of 3,500 square feet of lot area for each individual assisted living unit.

Each single efficiency unit shall be occupied by no more than one person. Each double efficiency unit shall be occupied by no more than two persons. Each one-bedroom unit or two-bedroom unit shall be occupied by no more than two persons.

All units shall be designated ADA accessible or ADA adaptable.

There shall be no separate accommodations for overnight guests other than within the individual residential unit of the resident.

The Town Board hereby finds and determines that the Town of Mount Pleasant has a substantial interest in reducing the number of individuals of all ages who use cigarettes and other tobacco and nicotine products, and a particular interest in protecting adolescents from tobacco dependence and the illnesses and premature death associated with tobacco and nicotine use. The Centers for Disease Control and Prevention provides that more than 16 million Americans are living with a disease caused by smoking. Furthermore, smoking causes cancer, heart disease, stroke, lung diseases, diabetes, and chronic obstructive pulmonary disease, which includes emphysema and chronic bronchitis. Tobacco companies sell products that are addictive and inherently dangerous, causing cancer, heart disease, and other serious illnesses. Primary tobacco use is a major cause of mortality and morbidity, directly causing an estimated 480,000 deaths per year in the United States, more deaths than are caused by the use of any other legal or illegal substance or drug. An overwhelming majority of Americans who use tobacco products begin using such products while they are adolescents and become addicted before reaching the age of 18. The Surgeon General of the United States has concluded that if young people do not start using tobacco by age 26, they almost certainly will never start. The effects of smoking generated by the smoking of cigars, cigarettes, pipes, and similar articles pose a threat to the health, safety and well-being of youth within the Town of Mount Pleasant. Therefore, it is the intent of the Town of Mount Pleasant to reduce youth smoking rate by prohibiting the sale of tobacco products to persons under the age of 21.

The Town Board further finds that the Town has a substantial interest in responding to the increased use of electronic cigarettes and nicotine delivery products among adolescents. E-cigarettes are now the most commonly used tobacco product among youth, having surpassed conventional cigarettes in 2014. Public health authorities and agencies, including the Centers for Disease Control and Prevention and U.S. Surgeon General, have advised that the use of e-cigarettes and nicotine delivery products poses significant and avoidable health risks to young people.

The allowable hours of operation are between 7:00 a.m. to 9:00 p.m., unless otherwise determined by the Zoning Board of Appeals where good cause is shown by the applicant.

There shall be no outdoor activity associated with the vape shop establishment.

The property owner, landlord or special permit holder shall provide Town representatives with access to the premises for inspection.

All vape shop establishments shall comply with any other special requirements deemed appropriate by the Board of Appeals in furtherance of the purpose and intent of this subsection.

Vape shops shall not be located within 500 feet of the lot line of any park, playground, library, or religious institution; such distance shall be measured from the closest point of the store front to the nearest point of the lot line of the property with a park, playground, or religious institution.

Vape shops shall not be located within 2,000 feet of the lot line of any school; such distance shall be measured from the closest point of the storefront to the nearest point of the lot line of the school property.

No more than one vape shop shall be located on any lot or within 1,000 feet of any other vape shop.

May be located on a parcel or parcels totaling a defined area of at least 10 acres, with frontage totally within the unincorporated portion of the Town, which parcels may be separated by a street or right-of-way.

All such arrays shall be designed, erected, and installed in accordance with all applicable codes, regulations, industry standards and the Code of the Town of Mount Pleasant.

Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Glare. All solar panels shall have anti-reflective coating(s).

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the greatest extent possible. Any approval of a project permitting solar arrays pursuant to this section shall include a specific landscape plan of native plantings. As a condition of any approval under this section, a property owner/lessee shall be required to maintain the plantings pursuant to the approved landscape plan and provide the Town with a cash bond for landscape maintenance for a time period set by the Planning Board.

Maximum solar array height of 15 feet.

Minimum yard dimensions of fifty-foot front, twenty-five-foot side and fifty-foot rear and no required maximum building coverage; minimum usable open space; mandatory off-street loading space or minimum number of off-street parking spaces.

All arrays and ancillary structures shall be with fencing of a height as required per the National Electric Code standard enforced by the Town of Mount Pleasant, with a locking gate to prevent unauthorized access.

Notwithstanding the provisions of Article V herein, such permitted special use shall not change the existing or nonconforming zoning status of the land on which it is located.

Abandonment and decommissioning.

The special permit shall be issued by the Planning Board, and all proposed facilities as set forth herein are subject to site plan approval by the Planning Board and shall be subject to a duly noticed public hearing.

Special conditions.