Mount Pleasant, NY Zoning Ordinance

The lot upon which such use may be erected shall contain an area of at least 36,000 square feet, a width at the setback line of at least 100 feet, a mean width of at least 150 feet and a mean depth of at least 200 feet.

There shall be a front yard of at least 75 feet, two side yards, neither of which shall be less than 20 feet, and a rear yard of at least 50 feet.

The minimum floor area per bedroom shall be 150 square feet.

The maximum building coverage of the lot area shall be 30%.

The maximum height of the building shall be 35 feet or two stories.

There shall be provided off-street parking spaces as follows: one for each nonresident employee and one for each three beds.

No building permit for the erection of such home shall be issued until the plans therefor shall have been submitted to and approved by the New York State Department of Social Services.

No kitchen facilities shall be provided in any room except one kitchen for the preparation of foods for all residents and employees, and dining facilities shall not be open to the general public.

§ 218-67 R-3AU District

The following regulations apply to the R-3AU District:

Conversion of existing public school buildings for multifamily housing. In an R-3AU District, the Town Board may permit an existing public school to be converted and/or used for multifamily housing at the following standards and subject, in addition, to the following conditions:

[Added 11-25-1980]

The minimum lot size shall be two acres.

There shall be compliance with the standards of Columns 6 through 23 of the Schedule of Regulations, Residence Districts II,[1] relating to the R-3A District, to the maximum degree considered possible by the Town Board as caused by existing conditions.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Apartments unrestricted as to occupancy, rental or sale price may be created not to exceed a density of one unit per 3,500 square feet of gross site area or approximately 12.45 dwelling units per gross acre.

Additional apartments designed in the renovated structure and occupied by one or more persons 62 years of age or older or a young family, none of whose members is older than 29 years of age, may only be established in number so as to permit up to a total number and size of apartments established by the floor area standard of 750 square feet per unit (including a proportionate share of commonly used areas, i.e., corridors, stairways, laundry rooms, etc.), set forth in Column 16 of the Schedule of Regulations, Residence Districts, II,[2] for the R-3A District, when a applied to the gross floor area of the existing school building will result in an apartment size averaging 750 square feet for all the units (including a proportionate share of commonly used areas, i.e., corridors, stairways, laundry rooms, etc.,) in the converted public school building. Said restricted apartments shall be designed and located pursuant to a plan submitted to and approved by the Town Board.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

The additional and restricted units required and established by Subsection A(4) above shall be rented, leased or sold to qualified individuals, couples or families determined by eligibility criteria set forth by the Town Board on the basis of economic or social needs, such as senior citizens who are residents of the Town of Mount Pleasant, parents of residents of the Town of Mount Pleasant or children of residents of the Town of Mount Pleasant are some of the needs to be considered, the objectives being to serve the needs of the citizens of the Town of Mount Pleasant.

The qualifications required to be met in Subsection A(5) above shall be set forth in writing and approved by the Town Board prior to the issuance of a certificate of occupancy for any use of the converted school for housing and shall be established so as to aid the process of creating and preserving the additional units as required and restricted in Subsection A(4) above and so that they may be rented, leased or sold at a cost equal to 75% of the fair market rent as established by the Town Board with the assistance of the County of Westchester or at 50% of the average rental or sales price of unrestricted units in the school, whichever is the higher rental, lease or sales figure.

The Town Board of the Town of Mount Pleasant may require proof of compliance with the special permitted use, and failure to comply with the special use may result in the revocation of the special permit for all or part of the premises.

Site plan approval by the Planning Board shall be required as to landscaping, parking, vehicular access, pedestrian usage, recreation areas and provision of utilities.

§ 218-68 C-NR District.

The following regulations apply to the C-NR District:

Apartment developments.

Small apartments in existing historic buildings. In a C-NR District, efficiency, studio, one-bedroom and/or two-bedroom apartments may be reconstructed, rehabilitated and maintained in structures designated as historic buildings in conjunction with permitted nonresidential uses in said district upon special permit approval of the Town Board and subject to the following conditions:

[Added 4-26-1983]

As an incentive to rehabilitation, small apartments may be constructed in existing structures designated as historic buildings at a density obtainable within the confines of the existing building if and as approved by the Planning Board as being in conformity with all requirements of the Zoning Ordinance.

To be classified as an historic building by the Town, the structure must be shown to be of historic significance to the neighborhood. The standards used by the Town are:

An "historic building" shall be defined as a structure contributing to the historic significance of the neighborhood, which, by location, design, setting, materials, workmanship, feeling and association, adds to the neighborhood's sense of time and place and historical development.

A structure not contributing to the historic significance of a district is one which detracts from the district's sense of time and place and historical development intrinsically or when the integrity of the original design or individual architectural features or spaces have been irretrievably lost.

Ordinarily structures that have been built within the past 50 years shall not be considered eligible unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the neighborhood are considered to be less than 50 years old.

Residential apartments. In the C-NR District only, and notwithstanding any provisions of Subsection A(1) to the contrary except as noted below, residential apartments may be established, in accordance with the following standards, conditions and provisions.

[Added 4-26-1983; amended 12-30-1985; 6-10-1986; 10-27-1992; 6-8-1993; 2-26-2019 by L.L. No. 2-2019]

The issuance of a special permit by the Town Board shall be a requirement for all apartment development in the C-NR District. Said special permit procedure shall follow in general the requirements of §§ 218-21 through 218-28 of this chapter, except that the Town Board shall be substituted for the Zoning Board of Appeals as the approving agency. Prior to the issuance of a special permit, the Planning Board may initiate preliminary site plan review and shall submit a written report related to community benefit and apartment layout design, location, size, amenities related thereto and other matters deemed appropriate by the Planning Board.

Should the Town Board grant a special permit for apartment usage, said permit shall include the standing requirement for site plan approval by the Planning Board. Said special permit approval may be conditioned upon other requirements established by the Town Board as well.

The Planning Board site plan approval powers shall be enlarged to include review and approval of floor plans and facades as well as landscape plans.

Density shall be no greater than one dwelling per 3,500 square feet of gross lot area.

Dwelling units shall be no less than 650 square feet in gross area and not greater than 1,200 square feet in gross area.

No dwelling units shall contain more than two bedrooms or sleeping rooms, as defined by the Planning Board.

Off-street parking and loading shall be as required in § 218-89, except that the Planning Board may reduce said parking and loading requirements by not more than 25% based on the availability of curbside parking in close proximity, effective overlapping of use or dual usage of parking spaces or other due cause.

At least 100 square feet basic, plus 50 square feet per dwelling unit, shall be provided and improved for adequate and appropriate outdoor recreation and living space for the primary use of the inhabitants of the apartment dwellings under consideration.

All units shall be furnished with public water and sewer facilities approved by the County Department of Health.

The owner of structures shall, at its sole cost and expense, provide for the removal of all garbage, recyclables, refuse or yard waste from the property. The property shall continue to be deemed a commercial use for purposes of disposal of all garbage, recyclables, refuse or yard waste.

There shall be no residential occupancy of any ground floor area.

Each residential unit shall be provided with a separate entrance, which entrance shall, where practicable, be on the side of building opposite to the entrance or entrances to the commercial space.

Residential space, including but not limited to all hallways and stairways, shall not exceed 1/2 of the gross floor area of the entire structure.

The fee for processing and review of each application shall be based on the number of apartments approved and shall be in an amount of $1,000 for each approved apartment. Said fee shall be in addition to the site plan review application fee and any state environmental quality review processing fee.

In the course of review and in the interest of achieving or fostering one or more of the objectives of this chapter, the Planning Board may modify one or more of the C-NR zoning and site plan requirements related to this section by up to 25% in a manner so as to provide flexibility of design.

(Reserved)

(q)

A permit for residential use shall be issued for units above only those commercial uses which are found to be compatible with such housing. In making this determination, noise, odors, hours of operation, expected traffic volumes and any other relevant factors shall be considered. The following use groups shall normally be considered incompatible without satisfactory proof to the contrary: motor vehicle service stations, commercial garages and printing plants.

Transitional shopping areas.

[Added 2-24-1981]

In circumstances where a property within the C-NR District lies partially within an adjacent community and the zoning of that portion of the property is considered compatible as to basic or principal permitted usage, as determined by the Town Planning Board, the Town Planning Board may permit development at the standards established in the Town zoning district which applies or in the adjacent community's applicable zoning or in a combination of the two. The purpose of this authority is to assist in the development of compatible and viable land use facilities to the benefit of the residents of the Town and the adjacent community in recognition that these residents are inhabitants of the community at large.

The purpose to be achieved shall be to provide the opportunity to create an adequate and appropriate transition in land use and its intensity at municipal boundaries by providing the opportunity for flexibility in establishing use and development standards, thereby protecting land values of adjacent property owners, providing simpler, more accommodating and thereby more viable zoning and planning standards and procedures for qualifying property owners and thereby aiding and benefiting the general health, welfare and morals of the public.

A public hearing shall be held in accordance with site plan review procedures established by the Town Law. If the hearing is held by and within the adjacent municipality, a second public hearing may be held by the Town Planning Board if deemed appropriate.

Site plan approval shall be required by the Town Planning Board.

The property or properties which qualify for a special permit under these provisions shall have been in existence at the time of adoption of these provisions.

In no instance shall the Town Planning Board approve a reduction in any of the standards listed in Columns 1 through 23 in the Schedule of Regulations below that which would be permitted by the application of Condition 5, Column 23, in the C-NR District on said Schedule of Regulations, Nonresidence Districts III.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-68.1 Hamlet Zoning Districts.

[Added 11-7-2022 by L.L. No. 6-2022]

The following regulations apply to the Hamlet Zoning Districts:

General provisions.

Overview. The Mount Pleasant Hamlet Zoning Code has been established to implement the vision for the Town's three business districts of the Hamlet areas; Valhalla, Hawthorne and Thornwood, as set forth in Envision Mount Pleasant, the Town's Comprehensive Plan adopted by the Town Board on November 7, 2022. This zoning is designed to accommodate appropriately scaled mixed-use development in areas proximate to train stations and public transit and where adequate infrastructure exists thereby relieving development pressures in the more environmentally sensitive, less developed portions of Town. Placemaking, and the design, character and physical appearance of each business district of the Hamlets are fundamental to the successful transformation of the business districts of the Hamlets from merely places where goods and services were sold, to unique and exciting areas that are the center of community life. The Mount Pleasant Hamlet Zoning Code is a tool uniquely suited to achieving this goal.

Applicability. The Mount Pleasant Hamlet Zoning Code applies to properties located within the designated Hamlet boundaries delineated in Envision Mount Pleasant, the Regulating Plan presented in Subsection B below, and as correspondingly reflected on the Official Zoning Map.

Purposed and intent. The Mount Pleasant Hamlet Zoning Code represents a change in the way the built environment is regulated. This code fosters predictable and desirable development characteristics and a high-quality public realm. Unlike the existing zoning and land use regulations, the Mount Pleasant Hamlet Zoning Code uses the desired appearance and character of a place as the organizing principle and framework, rather than relying on the traditional focus of use. Specifically, the Mount Pleasant Hamlet Zoning Code provides for:

Development that is maximally transit supportive and in close proximity to the train stations in Valhalla and Hawthorne and other modes of public transit.

The reduction of auto dependency and roadway congestion by locating multiple destinations and trip ends near transit and within walking distance of one another.

Appropriately scaled residential development in the business districts of the Hamlets where adequate infrastructure already exists.

The creation of a pedestrian-friendly environment.

A reduction in total vehicle miles traveled and regional greenhouse gas emissions.

The provision of an alternative to traditional development that emphasizes the integration of multiple, complementary mixed uses.

The facilitation of "placemaking" to stabilize and revitalize the Hamlet's urban fabric.

The facilitation of new development and redevelopment that will create jobs and economic opportunities.

The concentration of investment into targeted areas that are well-suited to accommodate growth.

Emphasize, support and facilitate high quality building design, streetscape and public realm improvements.

Organization.

The Mount Pleasant Hamlet Zoning Code addresses the relationships between buildings and the public realm and the form and mass of buildings in relation to one another. The guidelines and standards in this zoning code are presented in the narrative language of the code, but also graphically, to describe the character of anticipated development. This is in contrast to the existing zoning's focus on the management and segregation of land uses.

Subsection B presents the regulating plans for each business district of the Hamlets. While common zoning elements are shared among all three Hamlets, the Mount Pleasant Hamlet Zoning Code designates three separate regulating plans for the Town's three Hamlets, designated as:

VH – Valhalla Hamlet.

HH – Hawthorne Hamlet.

TH – Thornwood Hamlet.

Subsection C identifies the allowable building types permitted in the VH, HH and TH districts.

Subsection D indicates where the building types are and are not permitted.

Subsection E identifies the regulations for all buildings.

Subsection F addresses the dimensional regulations and standards for building design, configuration and placement.

Subsection G presents the table of permitted uses.

Subsection H describes the density bonus available in the Hawthorne Hamlet Core Area.

Subsection I identifies the parking requirements.

Subsection J lays out the regulations governing signs.

Subsection K addresses design guidelines.

Finally, Subsection L sets forth the administrative procedures with which all projects in the VH, HH and TH districts must comply.

Relationship to Comprehensive Plan. A cornerstone of the Mount Pleasant Comprehensive Plan - Envision Mount Pleasant, involves channeling appropriately scaled, mixed-use development into the Town's three business districts of the Hamlets, thereby preserving the lower density, existing residential areas of Town. Additionally, the plan emphasizes placemaking in the Hamlets, creating well-designed, interesting and exciting activity hubs, that are not necessarily linked to specific uses. The Mount Pleasant Hamlet Zoning Code is a zoning technique, particularly well-suited to achieving this goal, and implementing Envision Mount Pleasant.

Planning principles. The Mount Pleasant Hamlet Zoning Code establishes an efficient, effective and equitable regulatory and procedural code for the use of land in the Hamlets of Valhalla, Hawthorne and Thornwood, subject to the following policies:

The Hamlets should include a framework of transit, pedestrian and bicycle systems that provide alternatives to the use of private automobiles.

Development should be compact, pedestrian oriented and contain a mix of uses.

The development of isolated, single-use buildings and sites should be avoided.

The ordinary support activities of daily living should be provided within walking distance of residential uses, allowing for independence from the automobile.

The layout and configuration of development should be designed to disperse traffic and reduce the length of automobile trips.

Within the Hamlets, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.

Civic, institutional and commercial activity should be embedded throughout the Hamlets, and not isolated into remote single-use complexes.

A range of open space, including parks, squares, plazas, and playgrounds, should be distributed throughout the Hamlets.

Buildings, landscaping and other amenities should contribute to the physical definition of thoroughfares as public places.

Development should adequately accommodate automobiles while respecting pedestrians and the spatial form of public areas.

The design of buildings and sites should reinforce safe environments, but not at the expense of accessibility.

Architecture and landscape design should reflect the history and traditions, topography, climate and building practices of the Town of Mount Pleasant generally, and each Hamlet specifically.

Public gathering places should be provided as locations that reinforce community identity and support self-regulation.

The preservation and renewal of historic buildings, or the incorporation of historical architectural elements characteristic of the Town of Mount Pleasant generally, and each Hamlet specifically, and should be facilitated, to affirm the continuity and evolution of society.

Nonconforming uses and buildings.

The Mount Pleasant Hamlet Zoning Code replaces the C-NR (Neighborhood Retail) zoning which is the predominate zoning district in all of the business districts of the Hamlets. The C-NR zoning will still apply to areas not specifically revised. While many retail uses are experiencing a decline, and a number of properties in the area are underutilized, viable retail and retail service uses do remain in place, and should be preserved and supported to the extent practicable.

In addition, small portions of the C-GC, M1, M2, R-40, PRDT-6 and PRDT-6 zoning districts located within the business districts of the Hamlet boundaries would also be replaced for the specified areas.

The Mount Pleasant Hamlet Zoning Code provides for the addition of a broad array of additional uses, including, notably, varied residential uses. Facilitating the coexistence of diverse land uses represents one of the goals of the Mount Pleasant Hamlet Zoning Code.

The regulations governing nonconforming uses set forth in Subsection L remain applicable to uses and buildings in the VH, HH and TH districts. However, all legal pre-existing, nonconforming uses are encouraged to comply with the design guidelines established herein, to assure that the area evolves in a manner that is consistent with the goals and objectives of Envision Mount Pleasant.

The Regulating Plan. The Regulating Plan establishes four distinct zones, each relating to the three Hamlets, Valhalla (VH), Hawthorne (HH) and Thornwood (TH). While the zoning controls within the Valhalla and Thornwood Hamlets are uniform, the Hawthorne Hamlet includes a Core Area (HHC) where limited discretionary increased density is allowable. This approach differs from the existing zoning that divides the Town into zones that rigidly segregate residential, commercial, industrial and institutional uses, thereby emphasizing a dependence on automobiles to functionally connect uses. The use of zones based on development intensity (instead of land uses) provides a new spatial basis for regulating development that recognizes the interrelationships between uses. The three zones also provide an effective vehicle to implement the Town's design objectives for the Hamlets while fostering attractive and sympathetic interfaces between zones. The following Mount Pleasant Hamlet Zoning Districts are established:

VH	Valhalla Hamlet District
HH	Hawthorne Hamlet District
HHC	Hawthorne Hamlet - Core Area
TH	Thornwood Hamlet District

VH - Valhalla Hamlet District. The Valhalla Hamlet District (VH) is located in the southeast section of the Town, and is the smallest of the three main Hamlets. Compact and walkable, covering approximately 22 acres, it contains 48 principal buildings on 50 lots. Broadway functions as the main commercial street for the Hamlet, which has excellent accessibility to the Taconic State Parkway. The Valhalla Train Station is the Hamlet's transit hub.

HH - Hawthorne Hamlet District. Located in the central portion of the Town, the Hawthorne Hamlet covers approximately 45 acres and includes 99 individual tax parcels. The majority of the Hamlet lies along Elwood Avenue (NYS Route 141) and is centered on the Hawthorne Metro North Train Station.

HHC - Hawthorne Hamlet Core Area. The HHC is a small sub-district within the Hawthorne Hamlet, located just west of the Hawthorne Metro North train station.

TH - Thornwood Hamlet District. Thornwood is the Town's northern-most and largest Hamlet, covering approximately 68 acres and including 138 tax parcels in a generally linear configuration. The core of the Hamlet is the "Four-Corners" where Franklin Avenue, Broadway, Marble Avenue and Kensico Road intersect. Commerce Street is the main commercial corridor.

Valhalla Hamlet (VH)

Regulating Plan Boundary

Hawthorne Hamlet (HH)

Regulating Plan Boundary

Thornwood Hamlet (TH)

Regulating Plan Boundary

Allowable building types. This subsection establishes and defines the building types permitted within the Valhalla, Hawthorne and Thornwood Hamlets to ensure that proposed development is consistent with the goals for building form, physical character, land use and aesthetic quality.

General commercial building.

General commercial buildings accommodate office or other commercial uses. They can contain a single business or multiple tenants.

Mixed-use building.

Mixed-use buildings are the typical building type in traditional downtown areas, and consist of first floor retail, retail service or restaurant uses, with residential apartments or offices on the upper floors.

One-story commercial building.

A one-story, large format building that accommodates a variety of commercial uses.

Civic building.

A building that incorporates certain monumental architectural elements that accommodates civic, institutional or public uses.

Multi-family building.

A residential building containing three or more dwelling units, that are vertically and horizontally integrated.

Townhouse.

Three or more dwelling units where each unit is separated vertically by a party wall.

Detached dwelling.

A single or two-family dwelling unit on an individual lot with yards on all sides.

Permitted building types by district. Building types are allowed by district, as set forth below:

Permitted Building Types by District
Building Type	VH	HH	HHC	TH
General Commercial Building	P	P	P	P
Mixed-Use Building	P	P	P	P
One-Story Commercial Building	P	P	P	P
Civic Building	P	P	P	P
Multi-Family Building	P	P	P	P
Townhouse	P	P	X	P
Detached Dwelling	P	P	X	P

Rules applicable to all buildings. The following rules apply to all buildings and districts unless expressly stated otherwise:

Site.

Defined. A site is any lot or group of contiguous lots owned or controlled by the same person or entity, assembled for the purpose of a single development.

Site area. Site area is the cumulative area of all contiguous lots that the site is composed of. Does not include existing or proposed rights-of-way, whether dedicated or not dedicated for public use.

Site width. Site width is the cumulative width of all contiguous lots that the site is composed of.

Lot.

Defined. A parcel of land either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of ownership, or possession, or for development.

Lot area. Lot area is the area included within the rear, side and front lot lines. Lot area does not include existing or proposed rights-of-way, whether dedicated or not dedicated to public use.

Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot.

Lot depth. Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.

Lot frontage. Every lot must have frontage upon a mapped street.

Outdoor amenity space.

Generally. Where required, outdoor amenity space must be provided on the lot and must be available as unenclosed, improved active or passive recreational space for use by the occupants of the development. The outdoor amenity area must be designed to meet the standards of this subsection.

Standards.

Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot; however, to receive credit the area must be at least 10 feet in width and length.

Examples of active outdoor amenities include a playground, athletic court, swimming pool, plaza, promenade or dog park.

Passive outdoor amenity areas must include improvements such as walkways and seating areas. Formal or informal gardens or landscaped areas, green roofs and green walls are considered acceptable passive outdoor amenity areas.

Outdoor amenity space may be located at or above grade. Above-grade examples include a rooftop deck or terrace, rooftop patio or fitness station.

Outdoor amenity space may be roofed but cannot be enclosed. Examples include a pavilion, gazebo or conservatory.

Outdoor amenity space may include structures such as kiosks, bicycle racks, benches, or other seating, sculpture, fountains and similar amenities. Such areas must not include signs nor billboards unrelated to the amenities, utility areas, mechanical equipment, dumpsters or similar structures.

Outdoor amenity space cannot be parked or driven upon, except for emergency access and permitted temporary events.

Outdoor amenities may be seasonal or variable in nature (i.e., outdoor dining, farmers' market, etc.), provided that they occur for a minimum duration of three months a year, and are designed to recur permanently.

Building setbacks.

Generally. There are four types of setbacks — primary street, side street, side interior and rear. Building setbacks apply to both principal and accessory buildings or structures except where it explicitly states otherwise.

Measurement of building setbacks. Setbacks are measured from the property line.

Primary and side street designation.

Where only one street abuts a lot, that street is considered the primary street.

A lot with multiple street frontages must designate a primary street. The designation of the primary street shall be based on:

The street with the highest roadway classification.

The established orientation of the block.

The street abutting the longest face of the block.

The street that the lot takes its address from.

Build-to-line.

Defined. The "build-to-line" is the location along the front yard setback where a certain percentage of the front building facade must be located. This provision ensures a uniform streetscape without disruptive gaps or voids.

Corner lots. On a corner lot, a building facade must be placed at the build-to-line for a minimum of the first 30 feet along the primary street. This provision ensures well-defined streetscape corners and adjacent intersections.

Setback encroachments. All buildings and structures must be located at or behind the required setbacks except as listed below. Unless specifically stated, no building or structure can extend into a public right-of-way except where it explicitly states otherwise.

Building features.

Porches, stoops, balconies, galleries, awnings/canopies and porticos can extend into a required setback.

Chimneys or flues may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

Building eaves, roof overhangs and light shelves may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

Bay windows, oriels and vestibules that are less than 10 feet wide may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

Unenclosed fire escapes or stairways may encroach up to four feet into a required side or rear setback, provided that such extension is at least five feet from the vertical plane of any lot line.

Unenclosed patios, decks or terraces may encroach up to four feet into a required side setback, or up to eight feet into a required rear setback, provided that such extension is at least three feet from the vertical plane of any lot line.

Outdoor seating and dining areas may extend into a primary or side street setback. Curb-side pick-up facilities may extend into any setback. Both outdoor seating and dining and curb-side pick-up may extend onto the right-of-way subject to the maintenance of adequate access and circulation, public safety and subject to the approval of the Building Inspector.

Cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to two feet.

Handicap ramps may encroach to the extent necessary to perform their proper function.

Structures below and covered by the ground may encroach into a required setback.

Mechanical equipment and utility lines.

Mechanical equipment associated with residential uses, such as HVAC units and security lighting, may encroach into a required rear or side setback, provided that such extension is at least three feet from the vertical plane of any lot line.

Solar panels, wind turbines and rainwater collection or harvesting systems less than 10 feet in height may encroach into a required rear or side setback, provided that such extension is at least five feet from the vertical plane of any lot line.

Minor structures accessory to utilities (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into a required rear or side setback.

Parking setbacks.

On-site surface and structured parking must be located behind the parking setback line. This requirement is not intended to restrict on-street parking.

Parking setbacks are measured from the property line.

Building height.

Generally.

Building height is regulated in both the number of stories and vertical feet. Height shall be measured from the average grade to the mean height level between the eaves and the ridge of a gable, hip, mansard or gambrel roof or to the highest point of a roof surface of a flat roof, not including a maximum four-foot-high parapet wall encroachment.

Average grade is determined by calculating the average of the highest and lowest elevation along the natural or improved grade (whichever is more restrictive) along the front of the building parallel to the primary street setback line.

An attic is not considered a story where 50% or more of the attic floor area does not exceed a clear height of 7 1/2 feet measured from the finished floor to the finished ceiling.

A basement with 50% or more of its perimeter wall area surrounded by natural grade is not considered a story.

Height encroachments. Any height encroachment not specifically listed is expressly prohibited except where the Building Inspector determines that the encroachment is similar to a permitted encroachment listed below.

The maximum height limits do not apply to spires, belfries, cupolas, domes not intended for human occupancy, monuments, water tanks, water towers or other similar structures which, by design or function, must exceed the established height limits.

The following accessory structures may exceed the established height limit of the district, provided they do not exceed the maximum height by more than six feet:

Chimney flue or vent stack;

Deck, patio, shade structure;

Flagpole;

Garden, landscaping;

Parapet wall (limited to four feet in height);

Solar panels, wind turbines and rainwater collection or harvesting systems.

The following accessory structures may exceed the established height limits, provided they do not exceed the maximum building height by more than 10 feet, do not occupy more than 25% of the roof area, and are set back at least 10 feet from the edge of the roof:

Amateur communications tower;

Cooling tower;

Elevator penthouse or bulkhead;

Greenhouse;

Mechanical equipment;

Skylights;

[g]

Elevator or stairway access to roof.

Any of the elements listed in Subsection E(8)(b)[3][b] and [c] above are considered accessory uses to the primary structure and must not be used for any purpose other than as uses incidental to the principal structures.

Commercial wireless telecommunications antennas shall not extend above the highest existing structural element of a building. In instances where this height must be exceeded to satisfactorily meet coverage requirements, the height of the antenna shall be the minimum necessary. In all cases, antennas and associated equipment shall be disguised with stealth camouflage to blend into the architecture of the building and the character of the surrounding area. Antennas that extend above the highest existing structural element shall also be required to obtain approve through the full review process set forth in Subsection L.

Ground floor elevation.

Ground floor elevation is measured from top of the adjacent curb, or from the crown of the road where no curb exists, to the top of the finished ground floor.

Minimum ground floor elevation applies to the first 30 feet of the lot measured from the right-of-way line.

Story height. The story height is measured from the top of the finished floor to the finished ceiling above.

Building type regulations.

General commercial building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space (min)	0

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		75%
Impervious Surface (max)		85%
¹	If a side yard setback is provided it must be a minimum of five feet.

Height and mass.


Building Height
①	Building Height	3 stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	11'
③	Upper Story Height Floor to Ceiling (min)	9'
Building Mass
④	Max Length of Street-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	70%
②	Ground Story, Side Street Facade	40%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		No
Balcony		No
Gallery		No
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Mixed-use building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	200 SF/DU

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		80%
Impervious Surface (max)		90%
⁽¹⁾	If a side yard setback is provided it must be a minimum of five feet.

Height and mass.


Building Height
①	Building Height	3 stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	11'
③	Upper Story Height Floor to Ceiling (min)	9'
Building Mass
④	Max Length of Set-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	75%
②	Ground Story, Side Street Facade	30%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		No
Balcony		Yes
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

One-story commercial building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space (min)	0

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		75%
Impervious Surface (max)		85%

Height and mass.


Building Height
①	Building Height	1 story/25'
Story Height
②	Ground Story Height Floor to Ceiling (min)	12'
Building Mass
③	Max Length of Street-Facing Wall Without Offset	20'
④	Street-Facing Wall Offset Depth (min)	4'
⑤	Street-Facing Wall Offset Width (min)	8'
⑥	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	75%
②	Ground Story, Side Street Facade	30%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	35'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		Yes
Balcony		No
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Civic Building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space (min)	0

Building Placement.


Building Setbacks
①	Front Yard, Primary Street	25'
②	Side Yard, Side Street	10'
③	Side Yard, Interior	10'
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	85%
⑥	Building Along Side Street (min % of lot width)	20%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location Behind Building
Coverage
Building (max)		50%
Impervious Surface (max)		65%

Height and mass.


Building Height
①	Building Height	3 Stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	11'
③	Upper Story Height Floor to Ceiling (min)	9'
Building Mass
④	Max Length of Street-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	55%
②	Ground Story, Side Street Facade	25%
③	Blank Wall Length, Primary Street	15'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		Yes
Stoop		Yes
Balcony		Yes
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Multi-family building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	250 SF/DU

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		70%
Impervious Surface (max)		75%

Height and mass.


Building Height
①	Building Height	3 stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	10'
③	Upper Story Height Floor to Ceiling (min)	8'
Building Mass
④	Max Length of Street-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	65%
②	Ground Story, Side Street Facade	20%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	65'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		Yes
Balcony		Yes
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Townhouse.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	300 SF/DU

Building placement.


Building Setbacks
①	Front Yard, Primary Street	30'
②	Side Yard, Side Street	10'
③	Side Yard, Interior	10'
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	35%
⑥	Building Along Side Street (min % of lot width)	15%
Parking Setbacks
⑦	Primary Street (min)	50'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		50%
Impervious Surface (max)		65%

Height and mass.


Building Height
①	Building Height	2 1/2 stories/35'
Story Height
②	Ground Story Height Floor to Ceiling (min)	9'
③	Upper Story Height Floor to Ceiling (min)	9'
Unit Size
④	Unit Width (min)	25'

Activation.


Transparency
①	Ground Story, Primary Street Facade	20%
②	Blank Wall Length, Primary Street	20'
Functional Entries
③	Functional Entries (min)	45'
Permitted Building Elements
Porch		Yes
Stoop		Yes
Balcony		Yes
Gallery		No
Awning/Canopy		No
Forecourt		No
Portico		No

Detached dwellings.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	500 SF/DU

Building placement.


Principal Building Setbacks
①	Front Yard, Primary Street	30'
②	Side Yard, One	10'
③	Side Yard, Both	15'
④	Rear Yard	30'
Accessory Building Setbacks
⑤	From Principal Building	12'
⑥	Side Yard	5'
⑦	Rear Yard	5'
Parking Setbacks
Parking Location		Driveway or Garage
Coverage
Building (max)		30%
Impervious Surface (max)		40%

Height and mass.


Building Height
①	Building Height	2 1/2 stories/35'
②	Accessory Building Height	1 Story/15'

Activation.


Functional Entries
①	Functional Entries	On Primary Street
Permitted Building Elements
Porch		Yes
Stoop		Yes
Balcony		Yes
Gallery		No
Awning/Canopy		No
Forecourt		No
Portico		No

Permitted uses. The following uses are permitted within the Mount Pleasant Hamlet Zoning District:

Mount Pleasant Hamlet Zoning Code Permitted Uses
Use	VH	HH	HHC	TH
Residential Uses
One-Family Dwelling	P	P	X	P
Two-Family Dwelling	P	P	X	P
Townhouse	P	P	P	P
Multi-Family Dwelling	P	P	P	P
Public and Civic Uses
Public School	P	P	P	P
Community Purpose Building	P	P	P	P
Municipal Uses for Mount Pleasant	P	P	P	P
Place of Worship	SP	SP	SP	SP
Public Utility and Telecommunications	P	P	P	P
Train/Bus/Transit Station	P	P	P	P
Public Parking Lot or Garage	P	P	P	P
US Post Office	P	P	P	P
Park or Playground	P	P	P	P
Community Garden	P	P	P	P
Commercial Uses
Retail	P	P	P	P
Retail Service	P	P	P	P
Experiential Retail	P	P	P	P
eBay Selling Center	P	P	P	P
Community Gathering Place Business	P	P	P	P
Music, Dance, Art, Craft Lessons	P	P	P	P
Retail Laundry and Dry Cleaner	P	P	P	P
Bakery	P	P	P	P
Delicatessen	P	P	P	P
Bar/Restaurant	P	P	P	P
Restaurant, Carry-Out	P	P	P	P
Coffee Shop, Tea House	P	P	P	P
Craft Brewery/Distillery	P	P	P	P
Catering and Events Establishment	SP	SP	SP	SP
Theater or Performing Arts Venue	P	P	P	P
Gallery or Museum	P	P	P	P
Social Club	P	P	P	P
Boutique Hotel	SP	SP	SP	SP
Bed-and-Breakfast	P	P	P	P
Bank, Financial Institution	P	P	P	P
Funeral Parlor	P	P	P	P
Business, Professional Office, Co-Working Office Space	P	P	P	P
Bio-Tech, R&D Facility	SP	SP	X	SP
Medical Office, Ambulatory Care Facility	P	P	P	P
Surgical/Injury Rehabilitation Facility	P	P	P	P
Veterinarian or Animal Hospital	P	P	P	P
University, College and Private School	SP	SP	SP	SP
Business and Trade School	P	P	P	P
Artisan/Craftsman Workshop	P	P	P	P
Farm Stand	P	P	P	P
Farmers Market	P	P	P	P
Nursery School	P	P	SP	P
Day Care Facility	P	P	SP	P
Indoor Athletic Recreation or Training Facility	P	P	P	P
Small Business Incubator	P	P	P	P
Pop-Up Shop	P	P	P	P
Private Parking, Car Sharing Facility	SP	SP	SP	SP
Accessory Uses
Customary Accessory Use	P	P	P	P
Signs	P	P	P	P
Emergency Generators	P	P	P	P
Building Mounted Solar panels	P	P	P	P
Mechanical and HVAC Equipment	P	P	P	P

P = Permitted

SP = Special Permit

X = Prohibited

Hamlet core density bonus. For property located in the Hawthorne Hamlet Core Area a density bonus may be applied. The Town Board may, at its discretion and subject to the standards and considerations set forth below, grant a density bonus of one story (for a maximum height of four stories) for buildings located in the Hawthorne Core Area. A density bonus may be granted in exchange for an applicant providing one or more of the following off-site civic improvements, amenities or development actions that are above and beyond those that are directly or indirectly necessitated by the proposed project itself. For properties in the Hawthorne Core Area, the 4th floor must be set back a minimum of seven feet from the front of the building and may not exceed 75% of the area of the floor immediately below it.

Provision, renovation or rehabilitation of a public open space amenity. By contributing a significant provision, renovation, donation and/or or rehabilitation of a public open space amenity, to include but not be limited to a public park and/or other public open space, a density bonus may be granted. The outdoor amenity space required for a development, as set forth in the building type regulations, shall not count towards this amenity.

Historic preservation. Preserving a significant portion of a building(s) or structure(s) identified by the Town Board as having historical, cultural and/or architectural significance.

Brownfield or derelict property remediation. Applicants may apply for a density bonus for providing brownfield or derelict property remediation to prepare the property(ies) for either dedication for public use for redevelopment by a public or private owner.

Contribution to non-site-related infrastructure improvements. Non-site-related infrastructure improvements are considered significant improvements that are not directly needed, required or related to the subject site development, but may indirectly improve the area. Infrastructure improvements may include, but are not limited to, significant provisions, renovations, creation, donation, installation and/or rehabilitation of public solid waste and recycling receptacles, traffic calming measures, public seating, wider than required sidewalks, specialty pavers or utility covers as part of district "branding," repaving of a street(s), intersection upgrades (including street lights and crosswalks), bus shelters, and storm or sanitary sewer improvements. To the extent the proposed infrastructure improvements are related to sanitary sewage improvements, in order to be eligible for the density bonus the applicant shall reduce inflow/infiltration (I&I) at a ratio of 3:1.

Provision of creating alternative off-site parking facilities. By contributing to the creation of an off-site parking facility, above and beyond the off-street parking requirements for the proposed development included in this district, which may include, but is not limited to, creation of a public off-street parking garage, dedicating land for the creation of a public off-street parking facility or the creation of a privately operated parking facility, a density bonus may be granted, that would provide additional parking proportionate to the size and scope of the project.

Provision of public artwork. Incorporation of publicly accessible artwork including but not limited to sculpture(s), monument(s), mural(s) or other permanent aesthetic structure(s) on a site or at a designated off-site location as deemed appropriate by the Town Board.

In granting the density bonus for the amenities listed above, the Town Board shall consider the following criteria:

The incentives being proposed and the degree to which the proposed amenity is compatible with the goals and objectives for the Mount Pleasant Hamlet Zoning Code, and Envision Mount Pleasant.

Set forth in the public record, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the HH District and the Town's long range planning strategies, how they preserve and enhance the aesthetic, environmental and/or historical qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community.

The associated maintenance schedule and ownership of the proposed amenity(ies).

The density bonus can be successfully integrated into the overall building/site design without negatively impacting, detracting and/or severely departing from an appropriate height, scale, mass, size, and shape of the proposed structure(s).

Set forth in the public record, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted, and their proportionality shall be demonstrated by the applicant and agreed to by the Town Board. The granting or denial of any density bonus shall be solely within the discretion of the Town Board, by the issuance of a special permit, using the criteria set forth in this subsection.

Parking regulations. A goal for the Mount Pleasant Hamlet Zoning Code is to establish a "park once" policy, wherein people driving to the Hamlets are encouraged to park in one location, and then travel by foot within the area to various other destinations, rather than driving from one location to another. Design emphasis and priority is given to pedestrian circulation. The proximity to the Metro-North train stations in Valhalla and Hawthorne, and their transit-oriented characteristics, positively contributes toward this approach. As a result, the required parking in the VH, HH and TH districts reflects reduced off-street parking ratios for certain uses. The use of shared parking is also permitted and encouraged.

Off-street parking requirements. The off-street parking requirements established in § 218-89 are superseded by the requirements set forth below. The off-street loading requirements established in § 218-94 remain applicable.

Mount Pleasant Hamlet Form-Based Zoning Code Off-Street Parking Requirements
Use	Required Parking
Residential Uses
One-family dwelling	1.75 per dwelling unit
Two-family dwelling	1.5 per dwelling unit containing no more than 2 bedrooms; 1.75 per dwelling unit containing more than 2 bedrooms
Townhouse	1.5 per dwelling unit, plus 1 per 5 dwelling units for visitors
Multi-family dwelling	1.0 per dwelling unit containing no more than 2 bedrooms; 1.25 per dwelling unit containing more than 2 bedrooms, plus 1 per 7 dwelling units for visitors
Public and Civic Uses
Public school	1 per teacher or staff member, plus 7 spaces for visitors
Community purpose building	1 per 450 square feet GFA
Municipal uses for mount pleasant	Determined by Town Board
Civic uses	Determined by Town Board
Place of worship	1 space per 5 seats or pew spaces
Public utility and telecommunications	None required
Train/bus/transit station	Determined by Town Board
Public parking lot or garage	None required
US post office	1 per 350 square feet GFA
Park or playground	Determined by Town Board
Commercial Uses
Retail	1 per 450 square feet GFA
Retail service	1 per 450 square feet GFA
Experiential retail	1 per 500 square feet GFA
Bay selling center	1 per 450 square feet GFA
Community gathering place business	1 per 500 square feet GFA
Music, dance, art, craft lessons	1 per instructor, plus 0.25 per student
Retail laundry and dry cleaner	1 per 450 square feet GFA
Bakery	1 per 450 square feet GFA
Delicatessen	1 per 450 square feet GFA, plus 1 additional space if seating is provided
Bar/restaurant	1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater
Restaurant, carry-out	1 per 500 square feet GFA, plus 5 stacking spaces per drive-thru lane
Coffee shop, tea house	1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater
Craft brewery/distillery	1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater, plus 1 per non-customer service employee
Catering and events establishment	1 per 4 permanent seats or 1 per 150 square feet of floor area devoted to patron use, plus 1 per 750 square feet exclusively devoted to a dance floor, plus 1 per employee
Theater or performing arts venue	1 per 4 seats for first 100 seats, plus 1 per 6 seats after first 100
Gallery or museum	1 per 1,000 square feet GFA, plus 0.5 per employee
Social club	1 per 450 square feet GFA
Boutique hotel	1 per guest room, plus 0.25 per employee, plus additional spaces as required herein for restaurant, bar or catering and events uses, if provided
Bed-and-breakfast	1 per guest room
Bank, financial institution	1 per 200 square feet of gross floor area, plus 3 stacking spaces per drive-thru lane served by a teller, and 4 stacking spaces per drive-thru lane for an ATM
Funeral parlor	15 spaces per viewing room, plus 1 space per employee
Business, professional office, co-working office space	1 per 550 square feet GFA
Bio-tech, R&D facility	1 per 550 square feet GFA
Medical office, ambulatory care facility	1 per 300 square feet GFA
Surgical/injury rehabilitation facility	1 per 400 square feet GFA
Veterinarian or animal hospital	1 per 450 square feet GFA
University, college and private school	1 per teacher or staff member, for colleges; 1 additional space per 5 students; for auditoriums, gymnasiums, grandstands or other gathering places, 1 space per 5 seats
Business and trade school	1 per teacher or staff member, plus 1 additional space per 3 students
Artisan/craftsman workshop	1 per artisan or craftsperson
Nursery school	1 per teacher or staff member, plus 1 space per 5 pupils
Day care facility	1 per teacher or staff member, plus 1 space per 5 pupils
Indoor athletic recreation or training facility	6 per 1,000 square feet GFA
Small business incubator	1 per 450 square feet GFA
Pop-up shop	Determined by Town Board
Private parking, car sharing facility	1 per employee

Shared parking.

The concept of shared parking, whereby land uses that have different parking demand patterns are able to use the same parking spaces throughout the day, is particularly useful in a compact hamlet district, where a significant percentage of trips are accommodated via public transit. Public transit reduces the overall demand for individual passenger vehicle trips and the related demand for parking.

Shared parking is permitted and encouraged in the Mount Pleasant Hamlet Zoning Districts. The Planning Board may consider the use of shared parking, without any need for a variance from the Zoning Board of Appeals, according to the following provisions:

The uses proposing to share parking spaces are different land uses as set forth in the Permitted Use Table.

All new development that relies on shared parking must demonstrate the adequacy of the proposed parking as a result of a capacity being provided that will substantially meet the intent of the parking requirements by reason of variation in the probable time of maximum use by residents, patrons, visitors or employees among residences and establishments sharing such parking, and provided that said approval of such joint use shall be automatically terminated upon the termination of the operation of any use on which the shared parking analysis has been based. The analysis of shared parking must be based on established standards/methodology.

In cases where shared parking is proposed between adjacent parcels under separate ownership, irrevocable cross-easements shall be required, to assure the perpetual right to share the parking spaces.

No more than 50% of the required parking for a particular use shall be provided in a shared parking arrangement.

Design and layout. The design and layout of off-street parking spaces shall comply with the provisions of Article VI, except as modified herein:

To minimize curb cuts on the roadways in the Mount Pleasant Hamlet Zoning Districts, the use of shared driveways are encouraged, where feasible.

Where feasible, driveways shall front on streets that are less pedestrian intensive.

Off-street parking is encouraged to be as inconspicuous as possible and to incorporate landscaping and screening to the greatest extent possible to minimize its physical and visual impact.

Off-street parking and loading areas shall be coordinated with the public street system serving the Mount Pleasant Hamlet Zoning District in order to avoid conflicts with through traffic, obstruction to pedestrian walks and vehicular thoroughfares.

All parking structures shall be designed using compatible or complementary materials to the principal buildings so that they blend in architecturally. All voids in the structures shall be architecturally treated or screened, so that lights and vehicles are not individually visible.

Parking structures fronting on Columbus Avenue, Elwood Avenue, Franklin Avenue, Kensico Road, Marble Avenue shall be wrapped by first floor non-residential uses.

Surface parking shall include street lighting that adequately provides for safe vehicle circulation and public safety, but shall not be excessive. Light poles shall be as low as possible to achieve the desired purpose, and fixtures shall be shielded and downward directed. The use of energy efficient luminaries is encouraged.

All pedestrian pathways across and along parking areas shall be appropriately lit with pedestrian scaled lighting fixtures.

Vehicular access to internal parking structures shall be designed so as not to negatively impact upon major pedestrian routes. If necessary, provide "fish eye" mirrors, alarms or warning lights or similar measures to manage the interaction between pedestrians and vehicles.

The potential conflicts between truck delivery, vehicular traffic, and pedestrian circulation shall be considered when designing service entries, roadways, walkways, and pedestrian entrances.

To the extent possible, service entrances and loading areas between adjacent buildings shall be consolidated. Such service entrances shall be separated from walkways and pedestrian entrances.

In each parking lot containing over 50 parking spaces, at least three of the parking spaces must be provided with an electric vehicle charging station.

Spaces for handicapped car and van parking must be provided as required by law.

Within a structured parking garage, up to 30% of the total parking spaces provided may be compact spaces. No more than six compact parking spaces may abut each other. Compact spaces may be reduced to 7.5 feet in width. All compact parking spaces must be clearly and visibly striped and labeled for compact car use only.

All surface parking lots with frontage on a street shall be screened as follows:

A minimum 10-foot-wide landscaped area with a continuous row of shrubs must be provided between the street and the parking lot.

Shrubs must be a minimum of 18 inches in height when planted and must reach a minimum size of 36 inches in height within three years of planting.

Plantings adjacent to driveways shall be designed so as to prevent sight distance impediments, and therefore may be lower in height then specified above.

A 36-inch wall within a minimum five-foot planting strip may be substituted for a continuous row of shrubs.

Breaks for pedestrian and vehicle access are allowed.

To minimize the extent of impervious surfaces and the "heat-island" effect, and to enhance the aesthetic appearance of surface parking lots, the following landscaping requirements shall apply:

Interior islands.

A landscaped interior island shall be provided every 10 parking spaces. Interior islands shall be distributed evenly throughout the parking area.

An interior or terminal island shall be a minimum of 8.5 feet in width and 300 square feet in area.

All rows of parking must terminate with a landscaped terminal island. No more than 30 parking spaces may be located between drive aisles.

Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.

Interior islands must be installed below the level of the parking lot surface to allow for runoff capture.

Median islands.

A landscape median island shall be provided between every six single parking rows.

A landscape median island shall be a minimum of five feet wide.

A median island may also serve as the location for a sidewalk. In such case, the sidewalk shall be a minimum of six feet wide, and the remaining planting area shall be no less than five feet wide.

Median islands may be consolidated or intervals may be expanded in order to preserve existing trees.

Median islands must be installed below the level of the parking lot surface to allow for runoff capture.

Tree coverage.

Each interior island (and terminal interior island) must include at least one shade tree.

In no case can there be less than one tree for every 2,500 square feet of parking area.

Off-street parking areas shall be surfaced with asphalt bituminous, concrete or other type of dustless material in accordance with the Town of Mount Pleasant standards and specifications and maintained in a smooth, well-graded condition.

Pervious or semi-pervious parking area surfacing materials may be provided in accordance with the Town of Mount Pleasant standards and specifications, and pursuant to the recommendation of the Town Engineer. Permitted materials may include but are not limited to "grasscrete," ring and grid systems used in porous or grid pavers, or recycled materials such as glass, rubber, recycled asphalt, brick, block and concrete. Once installed, all pervious or semi-pervious parking areas shall be maintained in accordance with the manufacturer's specifications.

Bicycle parking. Off-street bicycle parking facilities shall be provided for any structure or use pursuant to the following requirements:

For residential developments containing five or more dwelling units on a building lot, a minimum of one bicycle parking space or bicycle locker shall be provided for each five dwelling units (or fraction thereof) except that in no event shall fewer than two bicycle parking spaces or bicycle lockers be provided on such lot.

For mixed uses and all nonresidential uses requiring 10 or more motor vehicle parking spaces on a building lot, one bicycle parking space or bicycle locker shall be provided for each 10 required automobile parking spaces (or fraction thereof), except that in no event shall fewer than two bicycle parking spaces or bicycle lockers be provided on such lot.

Where not more than two bicycle parking spaces or bicycle lockers are provided, a single inverted U-frame rack shall be acceptable, provided adequate parking and access space is provided to be able to easily secure such two bicycles.

Design criteria for bicycle parking facilities.

Off-street parking for bicycles shall include provision for secure storage of bicycles. Such facilities shall provide bicycle lockers or racks or equivalent structures in or upon which the user may lock a bicycle.

A bicycle parking facility includes any structure or fixture constructed so as to enable a person to secure bicycles by locking the frame and one wheel of each bicycle therein. Racks shall be easily usable with both U-locks and cable locks. Racks shall support the bicycles in a stable upright position so that a bike, if bumped, will not fall or roll down.

Each bicycle parking space or bicycle locker shall measure at least two feet by six feet.

A minimum four-and-one-half-foot-wide access aisle shall be provided to enable bicyclists to enter and leave the bicycle parking area. In high-traffic areas, the aisle width shall be greater.

A minimum of three feet (36 inches) shall be provided between bicycle racks to allow cyclist access to bicycles. Bicycle racks shall be installed a minimum of two feet (24 inches) from a parallel wall or other obstruction and three feet (36 inches) from a perpendicular wall.

Bicycle parking facilities shall be located in well-lighted areas and in close proximity to the building's entrance, within 50 feet whenever possible, and clustered in groups not to exceed 16 spaces each. If the parking facility is not highly visible, a sign shall be placed at the building's entrance indicating the location of bicycle parking.

[g]

Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist theft and vandalism. Bicycle parking facilities should be located in highly visible, well-lighted areas.

[h]

The surfacing of such facilities shall be designed and maintained to be mud- and dust-free. The use of rock or gravel areas for bicycle parking is permitted, provided that edging materials, such as landscape timbers, are used so that the bicycle parking area is clearly demarcated and the rock material is contained. In all cases the facility shall be maintained to allow for easy access and use.

Bicycle parking facilities shall be sufficiently separated from off-street parking areas to protect parked bicycles from damage by motor vehicles. The separation may be accomplished through grade separation, distance or physical barrier, such as curbs, wheel stops, poles, bollards or other similar features.

[j]

Bicycle parking facilities shall not impede pedestrian or vehicular circulation and should be harmonious with their environment.

[k]

Parking facilities should be incorporated whenever possible into building design or street furniture.

[l]

If a bicycle storage room is included within a building, the room shall not be classified as habitable space, and shall be classified similar to a garage.

[m]

Where there is more than one building on a site, or where a building has more than one entrance, the bicycle parking must be distributed to serve all buildings and main entrances.

Signs. All new, reconstructed, altered, or relocated signs must comply with the standards of this subsection.

General.

Sign permit.

All sign types described in Subsection J(2), Sign types, below, require a sign permit before they may be constructed, reconstructed, altered, or relocated. Signs described in Subsection J(3), Exempt signs, below, do not require a sign permit, except where a building permit is required for installation.

The following alteration and maintenance activities do not require a sign permit:

Painting, cleaning, or other normal maintenance and repair of a sign, provided that no change is made to any structural or electronic component of the sign.

Changing items of information, the message of an existing changeable or electronic message component of a sign, or the sign face within an existing sign structure, provided that no change is made to any structural or electronic component of the sign.

A sign that encroaches upon a public right-of-way, consistent with the standards of this subsection, requires written authorization from the Town.

On-premises sign. All sign copy must relate only to the name or nature of the business or establishment on the premises. Off-premises signs are prohibited.

Location.

A sign may be erected on private property only with the written permission of the property owner.

No sign, other than signs placed by agencies of government or a sign whose placement is authorized by such agencies, may be erected or placed on public property.

No sign may be installed in a way that obstructs free and clear vision, or free use, of any public right-of-way, intersection, ingress or egress point, transit stop, parking space, drive aisle, driveway, building entrance, fire escape, standpipe, or accessibility ramp.

No sign may be placed so as to obstruct any window or door, with the exception of window signs placed in accordance with this subsection.

No sign may obscure architectural details or features.

Construction. All signs must be erected in conformance with the New York State Uniform Building and Fire Code, as well as the following requirements:

Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically feasible.

All signs attached to a building must be installed and maintained so that wall penetrations are watertight and do not exceed allowable stresses of supporting materials.

When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation.

All signs and their supporting structures must be enclosed so as to prevent inhabitation by birds, rodents, insects, and other wildlife.

Materials for signs must be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance. Glass forming any part of a sign, with the exception of exposed lamps, must be safety glass.

Signs constructed of fabric or fabric-like material must be held taut within frames.

Audio components are prohibited as part of any sign.

If a raceway is necessary, it must not extend in width or height beyond the area of the sign. A raceway must be finished to match the background surface to which it is attached, or integrated into the overall design of the sign.

All electrical fixtures, devices, circuits, conduits, raceways, or any apparatus used to illuminate any sign must be installed and maintained in compliance with the National Electrical Code (NEC). A Nationally Recognized Testing Laboratory (NRTL) listing label number must be provided for any sign with electrical components.

Illumination type. A sign may be externally illuminated, internally illuminated or directly illuminated.

External illumination. An externally illuminated sign is characterized by the use of artificial light reflecting off its surface.

External light sources intended to illuminate the sign face must be fully shielded and placed close to, and directed upon, the sign face.

Any light source intended to illuminate surfaces behind a sign to produce a halo effect must be fully concealed from view.

Internal illumination. An internally illuminated sign is characterized by the use of artificial light projecting through its surface.

Internal illumination is limited to letters, numbers, symbols, and accents. No more than 50% of the total sign area may be internally illuminated. The remaining area of the sign face must remain opaque.

All lamps intended for internal illumination must be fully concealed from view.

Direct illumination. A directly illuminated sign is characterized by the use of exposed lamps, such as neon tubes or incandescent bulbs, that have no shielding and are visible to the eye.

Direct illumination is limited to letters, numbers, symbols and accents.

Exposed lamps may be animated to create an effect of patterned illusionary movement, so long as the alternate or sequential activation of illuminated elements occurs on a cycle that exceeds one second. No more than one such sign is allowed per establishment.

Electronic message centers (EMCs). An electronic message center (EMC) is an electrically activated display whose variable message and/or graphic presentation capability can be electronically programmed by computer from a remote location.

Each electronic message must be static and depicted for a minimum of eight seconds before changing. Any scrolling, fading in, dropping in, or similar moving copy changes are prohibited.

An electronic message center that is malfunctioning must be turned off.

Light intensity.

The luminance of any sign must not exceed 5,000 nits during daylight hours, and 500 nits between dusk and dawn. [NOTE: Nit = The term used to describe the metric unit of illuminance. It is defined as candela per square meter (cd/m2).] Dusk and dawn are defined as, respectively, the time starting at one-half hour before apparent sunset, as determined by the National Oceanic and Atmospheric Administration (NOAA), for Mount Pleasant for the particular date; and the time starting at one-half hour after apparent sunrise, as determined by the NOAA, for Mount Pleasant for the particular date.

A sign that is designed to emit a luminance level exceeding 500 nits must have an automatic dimmer control that produces a distinct illumination change from a higher to a lower level for the time period between dusk and dawn.

Public safety.

No direct or reflected light from the primary light source of a sign may create hazards for pedestrians, cyclists, or operators of motor vehicles.

Colored light must not be used at a location or in a manner so as to be confused with or construed as traffic control devices or emergency services.

Maintenance.

Signs and sign structures, together with their supports, braces, guy wires, anchors, and electrical components, must be maintained in a proper state of repair. Any damage to or deterioration of a sign must be repaired immediately or within 30 days of receipt of notice from the Code Enforcement Officer.

When an existing sign is removed, replaced, or repaired, all brackets, poles, wiring, and other supporting hardware that are no longer required must be removed, and any surfaces to which the sign may have been attached must be repaired or painted immediately or within 30 days of receipt of notice from the Code Enforcement Officer.

All signs integral to a structure and announcing the building's original or historic name, year of construction, or architect, or containing identifying insignias, must be maintained, and may not be removed, altered, or covered. In cases where the original sign is in too poor of condition to repair or reuse, close replication of the original sign with a new sign is encouraged.

Where a sign is totally or partially illegible, where sign copy has been removed, or when an establishment to which the sign pertains has been discontinued for two or more months, the sign must be repaired, reused, or removed immediately or within 30 days of receipt of notice from the Code Enforcement Officer. If the property owner fails to repair, reuse, or remove the sign within the timeframe established by the Code Enforcement Officer, the sign may be removed by the Town at the property owner's expense.

If a sign is in an unsafe or non-secure condition, the sign must be repaired or removed immediately or within three days of receipt of notice from the Code Enforcement Officer. The Code Enforcement Officer may remove any sign that is an immediate peril to persons or property summarily, without notice, and at the property owner's expense.

Prohibited signs. The signs listed below, as well as any sign not expressly permitted by this code, are prohibited.

Mechanically activated signs, other than barber poles and clocks.

Signs or devices motivated by wind, thermal changes, or other environmental input, such as spinners, pinwheels, balloons, air-inflated signs, or other devices or displays that respond to naturally or artificially induced external motivation.

Signs on motor vehicles that are inoperable, do not display a current vehicle inspection sticker or license plate, are not principally used as a mode of transportation for business purposes, and/or are conspicuously parked or located on a lot for more than 24 hours to advertise a product or service, or to direct the public to a business or activity located on or off the premises.

Signs that are burned, cut, painted, pasted, or otherwise marked on or affixed to a tree, standpipe, fire escape, utility pole, trash receptacle, bench, or any other unapproved structure or surface.

Signs that simulate in color, size, or design any traffic control sign or signal, or that make use of words, symbols, or characters in a manner that may interfere with, mislead, or confuse pedestrian, cyclist, or vehicular traffic.

Temporary off-premises signs.

Nonconforming signs. A nonconforming sign that was legally erected and maintained in compliance with all applicable laws in effect at the time of the original installation, but does not now comply with the provisions of this code, may be maintained and repaired. However, if altered, must comply with the requirements of this subsection.

Sign types. This subsection describes the on-premises signs allowed in the Mount Pleasant Hamlet Zoning Districts. This subsection does not apply to exempt signs described in Subsection J(3), Exempt signs.

Number of signs. A maximum of two on-premises signs per establishment are allowed per right-of-way frontage, not counting sidewalk signs and skyline signs.

Total sign area.

The total sign area of signs per establishment may not exceed two square feet per one foot of linear width of front or corner side facade.

The area of sidewalk signs and skyline signs are not counted toward the total sign area described in this subsection.

Sign location. All signs, with the exception of sidewalk signs, must be building-mounted. Building-mounted signs must be attached to a front or corner side facade only.

Sign types. The following pages address the standards that apply to each sign type.

Awning sign.

Description. An awning sign is a sign painted on any of the surfaces of an awning.

Dimensions.

Ⓐ	Awning, awning sign (max)	25% of each awning surface, or 50% of the awning valance
Ⓑ	Valance height (max)	0' 8"
Ⓒ	Vertical clearance from sidewalk level, not including valance (min)	8'
Ⓓ	Projection from wall, including supports (max)	15'
Ⓔ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'

Specific standards.

A maximum of one awning sign is allowed per awning surface. Only awnings on the ground story may contain signs.

Internally illuminated or back-lit awning signs are prohibited.

The awning on which an awning sign is placed must be in accordance with the design guidelines in Subsection K.

Blade sign.

Description. A blade sign is a two-sided sign that projects outward from the exterior wall of a structure.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Projection from wall, including supports (max)	5'
Ⓒ	Vertical clearance from sidewalk level (min)	10'
Ⓓ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'
Ⓔ	Distance between blade signs	15'

Specific standards.

A maximum of one blade sign is allowed per establishment per right-of-way frontage. Only establishments with a ground-story main entrance may have a blade sign.

A blade sign must be placed below the finished level of the second story or, in the case of a one-story building, at least two feet below the highest peak of the roof. No portion of a blade sign may extend more than four feet above the roof line.

A blade sign that is suspended to allow the sign to swing due to wind action may not exceed six square feet in area.

Canopy sign.

Description. A canopy sign is a sign attached above, below or to the face of a canopy.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Letter/number/logo width above canopy (max)	75% of canopy width
Ⓒ	Letter/number/logo height above canopy (max)	2'
Ⓓ	Projection from wall, including supports (max)	15'
Ⓔ	Vertical clearance from sidewalk level (min)	10'
Ⓕ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'

Specific standards.

A maximum of one canopy sign is allowed per establishment per right-of-way frontage.

A canopy on which a canopy sign is placed must be in accordance with the design guidelines in Subsection K.

Marquee sign.

Description. A marquee sign is a sign attached to the top or face of a permanent roof-like structure constructed over a ground-story main entrance.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Projection from wall, including supports (max)	15'
Ⓒ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'
Ⓓ	Vertical clearance from sidewalk level (min)	10'

Specific standards.

A maximum of one marquee sign is allowed per building.

A marquee may be erected over a main entrance only, and may be no wider than the entrance over which it is erected, plus five feet on each side.

A marquee must be supported solely by the building to which it is attached. No exterior columns or posts are permitted as supports.

Sidewalk sign.

Description. A sidewalk sign is a two-sided, portable sign that is placed outside of an establishment, constructed in the form of an "A" or similar tent-like shape and intended to be viewed from the sidewalk at close range.

Dimensions.

Ⓐ	Area (max)	10 square feet
Ⓑ	Height (min/max)	3'/4'
Ⓒ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'
Ⓓ	Distance from main entrance	25'

Specific standards.

A maximum of one sidewalk sign is allowed per establishment per right-of-way.

A sidewalk sign may be placed outdoors on the premises or a public sidewalk during business hours only, and must be stored indoors at all other times. The sign must not interfere with ingress and egress points, must maintain a minimum of five feet of sidewalk clearance at all times.

A sidewalk sign must be vertically oriented, with a height greater than its width.

A sidewalk sign may not be illuminated or contain electronic components.

[v]

A sidewalk sign may not be placed outdoors when high winds, heavy rain or heavy snow conditions are present. The Town may remove a sidewalk sign during snow removal, and is not liable for any resulting damage.

Skyline sign.

Description. A skyline sign is a sign that is attached flat to or mounted away from, but parallel to, the building facade, and located on the upper band of the building.

Dimensions.

Ⓐ	Area (max)	3 square feet per one foot of linear width of front or corner side facade
Ⓑ	Width (max)	40% of facade width
Ⓒ	Height (max)	8'
Ⓓ	Projection from wall (max)	2'

Specific standards.

A maximum of two skyline signs are allowed per building. Only buildings of three stories or greater are eligible to install a skyline sign.

No portion of a skyline sign may extend above the roofline.

Wall sign.

Description. A wall sign is a sign that is attached flat to or mounted away from, but parallel to, any exterior wall of a building.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Width (max)	90% of facade width
Ⓒ	Projection from wall (max)	2'

Specific standards.

A maximum of one wall sign is allowed per establishment per right-of-way frontage.

A wall sign must be located above the ground-story windows and below the window sills of the second story.

Exempt signs.

Address signs. An address sign is a building-mounted sign that identifies the occupant and/or address of a structure.

A maximum of one address sign is allowed per building per right-of-way frontage.

An address sign may not exceed two square feet in area for a property with only a residential use or four square feet in area for a property with a non-residential use.

ATM sign. An ATM sign is a sign that is incorporated into and designed as part of an automatic teller machine (ATM).

The advertisement upon the ATM sign must be limited to the term "ATM" and the name and logo of the financial institution rendering the ATM service.

Building directory sign. A building directory sign is a building-mounted sign listing the names and locations of persons or establishments on the premises, and carrying no other advertising matter.

A maximum of one building directory sign is allowed per building per right-of-way frontage.

A building directory sign may not exceed 12 square feet in area.

Building identification sign. A building identification sign is a sign consisting of letters applied to the building wall, engraved into the building material, or consisting of a sculptural relief, and which contains the name of a building or describes its function, but which does not advertise any individual tenant of the building or any products or services offered.

Community bulletin board. A community bulletin board is a sign that is erected for the posting of temporary signs and contains no permanent advertising copy.

A maximum of one community bulletin board is allowed per building. In the case of a community bulletin board erected in a public right-of-way with the written consent of the Town, no more than one such sign may be erected per block face.

A bulletin board may not exceed 12 square feet in area.

Government sign. A government sign is any sign placed or authorized by a government agency, such as traffic signs and signals, legal notices, railroad crossing signs, or signs regulating the traffic of, or giving information to, motorists, transit riders, cyclists, or pedestrians.

Government signs are allowed in any number, configuration, or size.

The type and extent of illumination of a government sign is at the discretion of the agency placing or authorizing the sign.

Home occupation sign. A home occupation sign is a sign identifying a home occupation on the premises.

A maximum of one home occupation sign, attached to the wall of the dwelling, is allowed per home occupation.

A home occupation sign may not exceed two square feet in area.

Memorial plaque. A memorial plaque is a plate of metal, ceramic, stone, wood, or other material, bearing text or an image in relief, or both, in memory of one or more persons, an event, a former use of the place, or other historical matter.

Newspaper vending box sign. A newspaper vending box sign is a sign that is incorporated into and designed as part of a vending box for a newspaper or other periodical.

The advertisement upon the newspaper vending box sign must be limited to the periodical vended.

Parking directional sign. A parking lot directional sign is a sign that includes information assisting in vehicle traffic flow or parking, including information identifying entrances and exits, driveway intersections, drive-through lanes, or loading areas.

A parking lot directional sign may not exceed four feet in height and two square feet in area.

Parking information sign. A parking lot information sign is a sign that includes information on the operation of a parking lot, such as "No Parking" or "Unauthorized Users Will Be Towed."

A parking lot information sign may not exceed six feet in height and 12 square feet in area.

Place identification sign. A place identification sign is a sign indicating the name of a hamlet, neighborhood, district or subdivision.

A maximum of one place identification sign is allowed per right-of-way intersection.

A place identification sign may not exceed 20 square feet in area and four feet in height.

Property identification sign. A property identification sign is a building-mounted sign identifying the property management company or property name of the premises.

A maximum of one property identification sign is allowed per building per right-of-way frontage.

A property identification sign may not exceed four square feet in area.

Public information sign. A public information sign is a sign that provides information on the use of the facility, such as directional signs, trailhead entry signs, and information kiosks.

A public information sign may not exceed 12 square feet in area.

Street light banner sign. A street light banner sign is a sign that is printed upon flexible material and held taut within frames, attached to a street light.

Street light banner signs on Town street lights are allowed only with the authorization, and in accordance with the specifications, of the Town.

Temporary sign. A temporary sign is any sign not permanently attached to the ground or building, with no sign illumination or utility connections, intended to be displayed for only a short period of time.

(q)

Utility sign. A utility sign is a sign installed by a public utility in its right-of-way or on its facility, and bearing no commercial message other than such message is necessary to identify the public utility and the use, and warn of any hazards.

Sign measurement.

Sign area. Sign area is measured as the total area of a sign, as follows:

For signs on a background, the entire area of the framework or background of the sign is calculated as sign area, including any material or color forming the sign face or background used to differentiate the sign from the structure against which it is placed.

For signs consisting of freestanding letters or logos, the sign area is calculated as the total area of each square, circle, rectangle or triangle, or combination thereof, that encompasses each individual letter or logo. Sign area does not include any supporting framework or bracing, unless such framework or bracing is part of the message or sign face.

Window signs printed on a transparent film and affixed to the interior or exterior of a windowpane are calculated as individual letters or logos, provided that the portion of the film around the individual letters or features is fully transparent.

The sign area of a three-dimensional, free-form or sculptural (non-planar) sign is calculated as 50% of the sum of the area of the four vertical sides of the smallest cube that will encompass the sign.

If a sign has two or more faces, the area of all faces is included in determining the area of the sign, unless the two sign faces are placed back to back and are no more than two feet apart. In such case, the sign area is calculated as the area of one face. If the two faces are unequal in area, the area of the larger face is used to calculate sign area.

Sign height. Sign height is measured as the vertical distance from the base of a sign or sign structure, to the highest point of the sign or sign structure.

Vertical clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk level to the lowest point of the sign.

Design guidelines.

Site design.

SITE DESIGN
Establish a distinct, safe separation between pedestrian and vehicular traffic while creating a "townscape" that is more livable, pedestrian-friendly and fosters a mix of uses and activity throughout the day and year-round.
▪	Utilize the "build-to line" to establish a well-defined street line.
▪	Buildings should embrace and support the public realm.
▪	Place parking in the rear or side of the building.
▪	Share parking where feasible.
▪	Minimize sidewalk crossings by driveways or service bays.
▪	Integrate outdoor spaces and uses into the plan.
▪	Orient a building's primary frontage toward the public realm.
▪	Place retail, restaurant and other active uses on the street level.
▪	Minimize paved surfaces.
▪	Ensure all buildings are connected via sidewalks, alleys, arcades, etc.
▪	Infill development should be characteristic of surrounding buildings.

Building design.

BUILDING DESIGN
All buildings in the Hamlets should strive for excellence in design. Buildings should use high quality and contextually appropriate materials, proportions and scale as outlined in the Hamlet Zoning Code. All architecture should embody sustainability, reflect a human scale, embrace inspirational creativity, and accommodate all users.
▪	Employ heavier textured materials or additional detailing at the base of the building, and break up larger building elements, to provide a human scale.
▪	Utilize architectural details to integrate building components and provide visual interest.
▪	Utilize surrounding buildings to establish proportionality in bulk, mass and scale.
▪	Design appealing architecture from all vantage points.
▪	Incorporate a visually prominent architectural feature on corner buildings.
▪	Equally careful design attention should be given to building services areas, mechanical equipment, loading areas and accessory appurtenances.
▪	Utilize the hierarchy among building elements to emphasize important areas, such as entranceways.
▪	Green building and sustainability should be an emphasis throughout the building's lifecycle.

Street level activation.

STREET LEVEL ACTIVATION
To ensure the vitality of the Hamlets, the streets must be active and vibrant. Complementing an inviting streetscape, the design and use of street level building spaces are critical to activating the public realm. Dead spaces in the streetscape will disconnect the continuity of the Hamlets and impede revitalization efforts.
▪	Organize uses so that active businesses, such as restaurants, face the street, while uses such as offices are located on upper floors, or away from the public realm.
▪	Avoid unarticulated blank walls.
▪	Ensure a high percentage of transparency in storefront windows.
▪	Incorporate familiar traditional architectural elements to achieve a human scale and enhance pedestrian activity - kick plates or knee walls, display windows and clearstory windows above, recessed entryways, glass panel doors with transoms above, etc.
▪	Utilize retractable window walls to open restaurant or retail spaces to the street in nice weather.
▪	Incorporate canopies and awnings.
▪	Install pedestrian scale lighting such as sconce wall lamps.
▪	The installation of security gates, air conditioner units or compressors, or mechanical equipment must be avoided on the principal facade.

Functional entries.

FUNCTIONAL ENTRIES
Pedestrian access points (functional entries) should be easily identifiable, inviting and accessible and situated on the building's primary public frontage. Maximizing the number of functional entries also helps to create interesting and diverse street level architecture.
▪	Call out functional entries through the use of architectural details such as recesses, awnings, arches, canopies, stoops, porticos or distinctive doors and moldings.
▪	Functional entries should be easily identifiable, but proportionally appropriate.
▪	Functional entries should be located on the building's primary public frontage.
▪	Inset entries are preferable as they accommodate door swings and provide shelter for patrons.
▪	Inset entries also provide visual interest and add a sense of rhythm to the street level facade.
▪	Appropriate lighting is key to the successful design of functional entries.
▪	Functional entries must provide full accessibility and meet ADA requirements.

Building offsets.

BUILDING OFFSETS
Building offsets serve to break up monotonous building facades, moderate the mass and bulk of a building and establish a human scale. The Mount Pleasant Hamlet Code building type regulations include specific offset requirements. These are established as minimum standards. Further variations to building facades are encouraged.
▪	Avoid poorly designed, boxy buildings through the provision of building offsets.
▪	Building facade variability, including features like wall planes, shadow lines, segmenting walls, material choices, creates appealing architecture and Hamlet character.
▪	Upper level building offsets combined with window placement can create a unique rhythm, separate from that of the street level.
▪	In instances when physical offsets are impractical, architectural elements that alter the facade plane, such as columns, pilasters or quoins, can be utilized.

Building transitions.

BUILDING TRANSITIONS
The transitional edge of the Hamlets, where new developments interface with existing uses, requires careful attention to assure the appropriate bulk and height of structures adjacent to lower density residential neighborhoods. The massing of taller structures should be organized to minimize their apparent bulk.
▪	Step-down the rear of taller buildings.
▪	Ensure the "rear" of buildings include well designed architecture.
▪	Provide landscaped buffers.
▪	Utilize "green walls" and fencing to screen unattractive building elements.

Windows.

WINDOWS
Building windows are not only utilitarian elements allowing for the admission of light and air, but also provide architectural ornament, adding materially to the regularity and elegance of a building.
▪	Windows should be installed on all sides of a building to avoid blank walls.
▪	Windows should be situated to correspond to occupiable spaces inside the building.
▪	Windows should generally be proportionally taller in height than their width, following ratios of 1:2 to 3:5.
▪	Windows should be used to create rhythm, unity and order.
▪	Use window wall openings to create depth and shadow.
▪	Generally, utilize consistent windows styles along the exterior facade of a building.
▪	Windows should have a transparency higher than 80% and external reflectance of less than 15%.
▪	Windows cannot be made opaque by window treatments (except operable sunscreen devices within the conditioned space), or be blocked by merchandise.
▪	Avoid the use of mirrored or reflective glass.
▪	The use of clearstory and transom windows is recommended.

Building materials.

BUILDING MATERIALS
The choice of materials used for constructing or renovating buildings affects the way a building relates to its neighborhood context. When designed well, a building can contribute to the continuity of street elevation, as well as emphasize a site's unique characteristics. Consequently, a building's design - particularly the facade - and exterior materials can have a significant impact on how the structure is perceived.
▪	Utilize high quality building materials that are durable and appropriate for the climate.
▪	The use of natural materials such as stone, brick or wood are preferred primary building materials.
▪	Concrete (pre-cast, poured in-place or block), cementitious siding, EIFS, metal wall panels stucco, and veneers are not preferred primary building materials, but may be suitable for detailing and accents.
▪	The primary building material used on the front facade shall be continued on the corner side and rear of buildings, except where a building abuts another structure.
▪	Buildings clad with a singular exterior surface material must incorporate additional complementary design elements to provide architectural interest.
▪	New overly self-reverential buildings or those that are not representative of the building typologies found in the Hamlets are discouraged.

Color-paint.

COLOR-PAINT
The selection of building colors has a significant aesthetic and visual impact on building character and appearance.
▪	Buildings should utilize material colors and paint that reflects a color palette that is harmonious with the Hamlet.
▪	Color harmony between adjacent buildings should be considered as part of the architectural design.
▪	The color palette of a building should generally be limited to three colors. Harsh discordant colors should not be used.
▪	Accessory and ancillary structures should match the color palette of the principal building.
▪	Window frame and mullion colors should blend, complement or match building colors.
▪	Tinted window glass should be of a harmonious color.
▪	Facade colors should be compatible and consistent on all sides and levels of a building.

Awnings.

AWNINGS
Awnings over pedestrian walkways and sidewalks are encouraged to provide shade and protection from the elements while adding interest to a facade with shape and color. Awnings are also useful in identifying a business or building.
▪	The lowest point of any awning shall be a minimum of eight feet above the sidewalk.
▪	Awnings should project a minimum of three feet and a maximum of five feet from the buildings and have an angle of between 30 and 50 degrees.
▪	Long expanses of awnings are discouraged. Multiple awnings should be used to reflect door and window openings.
▪	Awnings should be an enhancement to the building facade, and should be proportional with and complementary to nearby buildings.
▪	Awnings should be mounted in locations that respect the design of the building and do not obscure ornamental architecture.
▪	The valance size should be proportional to the size of the awning.
▪	Colors should not call more attention to the awning than the building.
▪	Solid colors are preferred.

Lighting.

LIGHTING
Lighting can significantly enhance the appearance of a building. Lighting should provide a sense of personal safety in active areas, allow for an even distribution of illumination in common areas and highlight architectural details during nighttime hours.
▪	Exterior lighting shall coordinate with and be complementary with the architectural details of the building.
▪	Light glare or excess brightness should be minimized. Light trespass should be controlled by shielding and downward directing fixtures.
▪	Indirect lighting is acceptable for display and architectural lighting.
▪	Exterior site lighting should incorporate current energy efficient fixtures such as LED or similar technologies.
▪	Lighting should be Dark Sky compliant.

Building services.

BUILDING SERVICES
The layout and configuration of a building must take into consideration location of utilitarian features such as trash facilities, loading docks, building mechanical equipment and above ground utility infrastructure. These features should be out of the public's view.
▪	A building's mechanical systems, cooling towers, chillers, vents, generators, etc. should be concealed from street level view.
▪	Placement of service facilities in the rear of buildings is often suitable; however, proximity to adjacent residential uses requires design considerations to screen them and mitigate noise.
▪	Rooftop equipment shall be concealed by screening structures.
▪	Rooftop screens shall be compatible with the overall building architecture and may include fencing, architectural features or landscaping.
▪	Mechanical equipment located on the ground shall be screened by landscaping. Fencing may be used to supplement landscaping, but not in place of it, unless necessary.

Landscaping.

LANDSCAPING
Landscaping enhances the visual image of the Hamlets, preserves natural features, improves property values and alleviates the impacts of noise, traffic and visual distraction associated with certain uses. Landscaping aids in energy conservation and promotes urban wildlife habitats.
▪	Trees and shrubs should be sited and spaced to allow for long term growth, and to avoid encroachments into sidewalks, utility infrastructure and roadway sight lines.
▪	Evergreen and deciduous or flowering trees should be used in combination to create visual interest and to create a dynamic landscape.
▪	Accent planting should be used around entries and key activity hubs. Planters and pots can be used in paved areas.
▪	Screening should be used to protect less intensive uses from the impacts of more intensive uses and to block views of less desirable features from public view (trash enclosures, etc.).
▪	The use of native plants is preferred.
▪	Xeriscaping is encouraged to promote water conservation, reduce maintenance requirements and decrease flooding.
▪	Consider the use of recycled greywater for irrigation.

Sustainability and green building.

SUSTAINABILITY AND GREEN BUILDING
Sustainability and green building refers to the practice of creating structures using a process that is environmentally responsible and resource-efficient throughout a building's life-cycle: from siting to design, construction, operation, maintenance, renovation, and demolition.
▪	Design buildings to take advantage of seasonal weather patterns, wind and solar exposure to maximize passive solar heating and daylighting.
▪	Select building materials that reduce energy consumption, including recycled materials and those that are locally sourced.
▪	Utilize high efficiency mechanical equipment.
▪	Decrease demand for fresh water and generation of wastewater through the use of low flow efficient plumbing fixtures, optimized landscaping, greywater recycling, etc.
▪	Highly insulate buildings and use high performance windows.
▪	Enhance indoor air quality through ventilation, moisture and thermal control, and the use of low VOC paints and stains and materials.
▪	Utilize renewable energy sources.
▪	Strive to construct "Net-Zero" buildings.
▪	Seek LEED certifications.

Administration. The Mount Pleasant Hamlet Zoning District standards and requirements set forth herein are designed to provide specific guidance for the development of property and streetscape enhancements within the VH, HH and TH zoning districts while allowing for flexibility and creativity in project design in order to foster the appropriate growth of the area in an orderly and desirable fashion.

Project review and approval. Three approval tracks are available in the Mount Pleasant Hamlet Zoning Districts:

No review. Under this track, an application for a change of use within an existing building shall not require site plan approval, provided the following conditions are met:

The use that is proposed is a permitted as-of-right use.

No expansion of the building footprint is proposed.

The new use does not require the provision of any additional off-street parking spaces.

The proposal is classified as a Type II action pursuant to SEQRA.

The change of use shall be authorized and regulated pursuant to a building permit.

Prioritized review.

Under this review track, a decision regarding a site plan application for a permitted use shall be adopted during a single or at most two appearances before the Planning Board. The prioritized review track is not available for special permit uses.

To be eligible for prioritized review, a project must:

Be a permitted as-of-right use.

Comply with all of the Mount Pleasant Hamlet Zoning regulations and criteria.

No waivers or variances are required.

The proposed action is classified as either a Type II or unlisted action pursuant to SEQRA, 6 NYCRR Part 617. Type I actions are not eligible for expedited review.

The project does not exceed eight dwelling units or 7,500 square feet of non-residential gross floor area.

Prior to placement on the Planning Board agenda, the applicant shall meet with the Mount Pleasant Hamlet Zoning Review Committee consisting of the Town Engineer, Building Inspector and Planning Consultant, and any other Town representatives deemed necessary. The applicant shall not be placed on the Planning Board agenda until such time as a certificate of compliance is issued by the Mount Pleasant Hamlet Zoning Review Committee. This certification shall verify for the Planning Board that all prerequisites for site plan approval have been satisfied.

Under this review track, the Planning Board has the right to extend the duration of its project review beyond two meetings by issuing a notice of planning concerns, which documents the need for continuing the site plan review process.

Full review.

The full review track would be required for all projects that are not eligible for no review or prioritized review.

Projects following the full review track shall comply with the requirements of site plan and/or special permit review in accordance with Chapter 218.

Any project requiring a variance from the Zoning Board of Appeals shall follow the full review track.

Project review process. All applications for projects within the Mount Pleasant Hamlet Zoning Districts shall follow the following process:

Pre-submission conference.

Prior to completion of project design and formal submittal of the required application, an applicant must schedule a pre-submission conference with representatives of the Town of Mount Pleasant to discuss the procedures, standards and regulations.

A request for a pre-submission conference by a potential applicant shall be made through the Building Department and shall be accompanied by preliminary project plans and designs and the required filing fee.

Town representatives will inform the applicant of the requirements as they apply to the proposed project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible modifications to the project, and identify any technical studies that may be necessary for the review process when a formal application is submitted.

The Town's representatives shall determine which of the three project review tracks the project must follow: no review, prioritized review or full review.

Application requirements.

All site plan applications shall be prepared in accordance with the requirements of Chapter 218.

In addition to the requirement to submit an environmental assessment form with the application (whether a short or full EAF is required shall be determined at the pre-application conference), the applicant shall also submit a report documenting whether the project complies with all findings of the SEQRA generic environmental impact statement adopted for Envision Mount Pleasant, the Town's Comprehensive Plan, and will not result in any impacts that exceed the thresholds established therein, or, in the alternative, shall specifically identify areas where the project is inconsistent or nonconforming.

Completeness review.

All applications must be sufficient for processing before the Town shall accept the application for review.

Within 15 calendar days of the receipt of the application, the Town must notify the applicant in writing whether or not the application is complete or whether additional information is required.

An application for site plan or special permit approval shall be sufficient for processing when it contains all of the information necessary to decide whether or not the development as proposed will comply with all of the requirements of the code.

If the Town determines that the application is not complete and additional information is required, then the applicant shall provide any and all additional information requested.

If the applicant does not submit the additional requested information in a form deemed to be satisfactory or otherwise complete the application within 45 days after the Town has notified the applicant in writing that additional information is required, the application shall be deemed to be abandoned and the application fee and any other fee submitted shall be forfeited.

This does not prevent any applicant from resubmitting an application if the same has been abandoned, so long as all of the above steps are completed.

Required public hearing.

A duly noticed public hearing shall be held for all applications processed under the full review track.

The Planning Board may require that a public hearing be held for a site plan application processed under the prioritized review track, if community input is determined to be necessary to allow for a well-informed approval decision to be rendered.

Special permit approval authority. The Town Board shall have the approval authority for all special permit uses identified herein.

Decision making. In rendering a decision, the Planning Board or, in the case of a special permit, the Town Board, shall take into consideration the following criteria:

Compatibility with the Town's long-range goals and planning strategy as set forth in Envision Mount Pleasant;

The project does not adversely change the neighborhood character;

The project fosters an appropriate pattern of development;

The project conceals density through building design where appropriate;

The project will encourage appropriate use of the land in accordance with general purposes, intent and spirit of this chapter and is not detrimental to surrounding property values;

The safety, health, welfare or the order of the Town shall not be adversely affected by the proposed use and its location;

The site is suitable for the location of such use in the Town;

That the proposed project is consistent with all findings of the SEQRA generic environmental impact statement adopted for Envision Mount Pleasant;

That there is sufficient roadway access to provide for emergency services while reducing transportation needs;

That proposed landscaping and buffer areas have natural and attractive primarily native plantings that are compatible with the adjacent area and terrain;

[11]

That the applicant exhibits the wherewithal to complete the project;

[12]

That the project provides for innovative and imaginative approaches to transit-oriented development that does not detract from the existing neighborhood character;

[13]

That the proposed project has appropriate height, scale, mass, size, shape and density in relationship to its location, and consistent with the Mount Pleasant Hamlet Zoning provisions;

[14]

The historical, architectural and/or cultural significance of the existing site or existing structures is assessed to address local significance;

[15]

That there is the consideration of the staff recommendations.

Appeals and variances.

The Zoning Board of Appeals is authorized to hear and decide appeals from and review decisions by the administrative officials responsible for the enforcement of this chapter. The Zoning Board of Appeals may affirm, reverse wholly or in part, or modify the decisions appealed to it.

Use variance. The Zoning Board of Appeals may allow for the use of land that is not allowed or prohibited as set forth in Subsection D, Permitted building types by district, and the table of uses in Subsection G.

Area variance. The Zoning Board of Appeals may allow for modifications to the Subsection E rules, Subsection F, Building type regulations, Subsection I(1), Off-street parking regulations, and Subsection J, Signs.

All appeals to the Zoning Board shall comply with the requirements of § 218-107.

The Planning Board may allow modifications to Subsection I(2), Shared parking, Subsection I(3), Design and layout, and Subsection K, Design guidelines.

Nonconformities.

Purpose. The purpose of this subsection is to establish regulations and limitations on the continued existence of uses and structures established prior to the effective date of this code that do not conform to the provisions of this code. Nonconformities may continue, but the provisions of this subsection are designed to limit investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the regulations established in this code.

Nonconforming uses.

Authority to continue.

The lawful use of any building or land existing prior to the effective date of this code or its predecessor may be continued even if such use does not conform to the provisions of this code.

No unlawful use of property or unlawful structure existing prior to the effective date of this code shall be deemed to be a use which may be continued pursuant to this subsection.

Any violation of this code prior to the effective date of this code will continue to be deemed a violation and no use in violation prior to the effective date of this code may be continued if it does not conform to the provisions of this code.

Replacement, repair and maintenance.

Replacement, repair and maintenance may be performed on any structure that is devoted in whole or in part to a nonconforming use. All necessary building permits for such work are still required.

Replacement shall comply with the design and materials standards of this code to the maximum extent practicable as determined by the Building Inspector or, upon the applicant's request, by the Planning Board.

Extensions/expansions.

A nonconforming use cannot be extended, expanded, enlarged or increased in size, footprint or coverage.

No nonconforming use may be extended to displace a conforming use.

Change in use. A nonconforming use may not be changed to another nonconforming use. A nonconforming use that is changed to a conforming use may not revert back to any nonconforming use. Any nonconforming use may be changed to a conforming use.

Discontinuance.

When a building containing a nonconforming use ceases to be used for the nonconforming use for a period exceeding one year, the use may not be reestablished or resumed.

When land used for a nonconforming use is discontinued for 60 consecutive days, the use may not be reestablished or resumed.

Extensions/expansions.

Any nonconforming structure may be enlarged, maintained or altered; provided, however, that no enlargement, maintenance or alteration creates any additional nonconformity or increases the degree of the existing nonconformity of all or any part of such structure.

Any new construction which occurs on a site with a nonconforming structure or any expansion of a nonconforming structure shall comply with the building type regulations of Subsection F, the design guidelines of Subsection K, and all other provisions of this code.

§ 218-69 C-PS District.

The following regulations apply to the C-PS District:

Planned shopping developments. Within a C-PS District, no business or shopping center buildings shall be erected on any lot unless the site plan for its development has been approved by the Planning Board as being in conformity with the provisions of this chapter and with the additional requirement that access and service roads are properly related to streets, highways or parkways so as to provide a logical road system and to avoid unsafe conditions and traffic congestion. The plan for site development shall render such use compatible with uses in abutting districts.

§ 218-70 OB1, OB2 and OB3 Districts.

The following regulations apply to the OB1, OB2 and OB3 Districts:

Uses permitted. Within an OB1, OB2 or OB3 District, no building or premises shall be erected, altered or used for other than one or more of the following uses or purposes, provided that the site plan of development, other than residential development, is approved by the Planning Board as being in conformity with the provisions of this section and the Schedule of Regulations.[1] Permitted uses shall be as follows:

Any use permitted and as regulated in the residence district or districts which abut the office building district, such regulations to extend into the office building district to a depth of 250 feet, the interior remaining area to be classified and subject to the regulations and conditions of the residence district which predominates on the perimeter boundaries of the office building district, except that in the case of properties zoned in the OB1 Office Building District in all cases where the R-40 One-Family Residential District shall apply, the minimum area in square feet for all parcels used for residential purposes shall be 80,000 square feet. Where more than one district would apply under this provision, the regulations and permitted uses of the more restricted district shall apply. For the purposes of this subsection, property across a public street from an office building district shall be considered as abutting the perimeter of the district.

Office buildings for business and professional use; research development and control laboratories; and data-processing centers.

[Amended 8-9-1977]

Accessory uses and enclosed storage.

[Amended 8-9-1977]

Accessory uses to the permitted principal uses, including garages for storage and maintenance of company, employee and visitor motor vehicles, storage of gasoline and lubricating oils therefor, parking facilities, maintenance and utility shops for the upkeep and repair of other buildings and structures and services, central heating and power plants for furnishing heat and energy to structures on the site only (with a chimney of sufficient height to provide natural draft), training schools for employees, buildings for storage of documents, records and personal property, small laboratory rooms and communication facilities, including antennas, and clinics, cafeterias and recreation facilities, banks, post offices, company stores and guest lodges for the use of company employees and of visitors to the office building or buildings but not for the general public, provided that such uses are planned as an integral part of the office building development and are located on the same site.

Enclosed storage or warehousing in conjunction with the permitted principal use, provided that the gross floor area of such permitted accessory use does not exceed 50% of the total floor area of the office building development and that it is a part of an office building or light research laboratory.

The Town Board may, upon application, in a form and manner approved by it, grant specific authorization, upon such terms and conditions as it deems proper, to allow the processing, blending, production, packaging and storage of syrups, concentrates and similar materials, but only in conjunction with a permitted principal use.

No use permitted hereunder shall be so conducted as to be noxious or offensive by reason of odor, dust, smoke, gas, vibration, noise or excessive light. No use shall be permitted from which there would be a harmful discharge of waste materials or which would constitute a menace to surrounding properties by reason of fire, explosion or other physical hazard.

Additional uses permitted in OB2 Districts. In addition to those uses listed above, the following uses are also permitted in a Public Utility Office Building District OB2:

General, operational and service offices of local or regional public utility companies.

Accessory uses thereto, including those accessory uses listed in Subsection A(3) above, and warehouses, outdoor storage of company vehicles, equipment and materials, maintenance and utility shops for company equipment and other similar incidental and related purposes, provided that such uses are planned as an integral part of the development and are located on the same site, and further provided that all operations, other than transfer and storage of vehicles, equipment and materials, shall be conducted solely within a building or group of buildings.

No power generation for outside purposes and no manufacturing, except fabrication incidental to other permitted uses, shall be permitted.

Additional uses permitted on OB3 Districts. In addition to those uses listed in Subsection A(1) to (4) above, the following uses are also permitted in a Research Office Building District OB3:

Laboratories devoted exclusively to research design and experimentation; provided, however, that:

Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials shall be permitted only as accessory to a research laboratory, and in no case shall more than 30% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimental work.

No manufactured or commercial explosives shall be kept, maintained or stored on said premises except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state and local safety statutes.

Animals may be kept or maintained when necessary for laboratory research, design or experimental work, but only after specific authorization by the Town Board, which shall limit the number and kind of animals, designate the place for keeping of such animals, impose regulations recommended by the County Health Department and provide for suitable safeguards, including fencing and landscaping, to protect the public health, safety and welfare.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Sites for office building development. The site devoted to an office building development shall be at least 25 acres for an OB1 or OB3 District and 20 acres for an OB2 District. There shall be no more than one office or laboratory building or one integrated group of such buildings designed as a unit on any one lot. The Planning Board may approve the subdivision of a site into smaller sites, provided that all of the following provisions are satisfied:

The original site shall be planned and laid out as one unit, including the location of buildings, roads, access and circulation drives and off-street parking areas.

Construction of buildings, roads and off-street parking areas subsequent to such subdivision shall conform to the approved original plan.

Any site resulting from such subdivision shall be at least five acres in area, and all such sites having frontage on an official street or streets shall have at least 200 feet of frontage thereon.

In an OB1 District, any permitted building which is more than one story in height shall be set back an additional 25 feet from all property lines of the site as defined in this subsection for each additional a story above the first floor. In addition, if a permitted building is more than 200 feet in length, the Planning Board may require additional setbacks from any or all such property lines subject to the provisions of § 218-95 of this chapter.

All buildings on any sites resulting from such subdivision shall be of harmonious architectural design, and the exterior finish thereof shall be harmonious throughout such buildings.

In an OB1 District in no case shall the building coverage and the parking area required hereunder exceed 45% of the site area as defined in this subsection. The maximum building coverage may be increased by 100 square feet for every parking space which is located underground or within or beneath a permitted principal or accessory building, except that the total building coverage shall not exceed 30% of such site under any conditions.

All other provisions and regulations for this district shall apply to any development on any site resulting from such subdivision, regardless of the resulting size of such site.

Access and service roads and off-street parking.

Access and service roads shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion and to provide a logical road system. The plan for such access and service road connections shall be approved by the Town Board before a zoning permit shall be issued. The occupancy of the office buildings or laboratories may be limited by the Town Board to a number of employees commensurate with the practical capacity of the public streets providing access to the site, taking into consideration the number of shifts, hours of arrival and departure and other pertinent factors.

Parking space shall be provided on the site (and on any site resulting from a subdivision thereof) to accommodate company, employee and visitor motor vehicles equal to one square foot of parking space for each square foot of office floor area plus one space for each employee on duty at peak employment hours engaged in an accessory use and one space for each company vehicle. In an OB1 District, which permits warehousing and enclosed storage as an accessory use, any site plan of development shall clearly indicate that the parking requirements of this chapter can be met should any building or group of buildings be converted from warehousing or other accessory use to office space. Parking areas shall be permanently improved and suitably screened with planting and shall be set back at least 50 feet from the property lines of the site as defined in Subsection B of this section. No parking except visitor or customer parking shall be permitted in the front yard of any building, and no parking area for commercial-type vehicles shall be located within 150 feet of any such property lines. The plan for off-street parking areas shall be approved by the Planning Board and shall conform to the general purpose and intent of this chapter and promote compatibility of such use with abutting properties.

Application of height limitations. In an OB1, OB2 or OB3 District, the height limitations as set forth in the Schedule of Regulations[2] shall not apply to ventilators, skylights, water tanks, bulkheads, building chimneys, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above the roof level, except that the total area covered by all such features shall not exceed 25% of the roof area, and the height of each such feature shall not be more than 15 feet above the roof level. The height of separate chimneys for central heating and power plants and for separate water towers shall not exceed 55 feet. One antenna, when accessory to the principal use, may be erected to a height not to exceed 100 feet above the ground.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Outdoor storage in an OB2 District. Outdoor storage areas for equipment and materials, which are permitted only in an OB2 District, shall be suitably screened and shall be located at least 100 feet from any property line and at least 150 feet from any street line. Outdoor storage areas shall not cover more than 15% of the area of the site. The Town Board shall approve plans for the location and screening of outdoor storage areas before a zoning permit shall be issued.

Distance between buildings. In an OB1, OB2 or OB3 District, the distance between any two buildings shall at least equal twice the height of the taller of said buildings.

Signs. In an OB1, OB2 or 0B3 District, there shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies established on the site. Such a sign shall not exceed 50 square feet in area and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary small direction signs shall be permitted.

Exterior spotlighting and screening from parkways. In an OB1, OB2 or OB3 District, exterior spotlighting or other illumination shall be so installed as to prevent any nuisance to adjacent residential districts or to traffic on public highways. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be permitted. In an OB1, OB2 or OB3 Districts, all sites shall be suitably screened from any adjacent park or parkway.

§ 218-71 OB4 District.

The following regulations apply to the OB4 District:

Definition of unit parcel or site. In a Commercial Office Building District OB4 if adjacent tracts or parcels of land or tracts or parcels of land bounded or separated only by a public road or roads are owned by one person, firm or corporation, for the purpose of this section, such tracts or parcels of land shall be deemed and construed to be one unit parcel of land or site, notwithstanding that said unit parcel or site is comprised of two or more lots, plots or parcels of land as shown on the Tax Assessment Map of the Town of Mount Pleasant. Said unit, parcel or site shall not be subdivided except for the purpose of residential development or for the construction of retail sales and service shopping areas as hereinafter provided.

Uses. In a Commercial Office Building District OB4 no building or premises shall be used and no building or group of buildings shall be erected, altered or used for other than one or more of the following uses and purposes:

Executive and administrative offices.

Engineering offices.

Sales offices.

Accounting offices.

Record offices.

General business offices.

Warehouses for storage of business records and documents.

Research, development and sales development laboratories.

Training schools for employees.

Employees' medical dispensaries and infirmaries.

Employees' dining halls or rooms.

Employees' recreation halls.

United States post office substation.

Branch office of a banking corporation.

(15)

Maintenance and utility shops and buildings to support, maintain and keep in repair the various other buildings, structures and facilities allowed and permitted to be constructed, erected, built and altered for the use and purposes provided in this section.

(16)

Garages for storage, repair, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles owned by the owner or occupant of such unit parcel or site or owned by the employees of such owner or occupant or by visitors having business with such owner or occupant.

(17)

Central-heating, air-conditioning and power plants for furnishing heat, air conditioning and electric energy to the buildings, structures and facilities allowed and permitted to be constructed, erected, built and altered for the uses and purposes provided in this section.

(18)

Employees' clubhouses.

(19)

Lodges or inns for visitors having business with the owner or occupant of said unit parcel or site.

(20)

Gasoline filling stations for the supply of gasoline, oil and other fuel or lubricants for the propulsion and maintenance of vehicles owned by the owner or occupant of such unit parcel or site or owned by employees of such owner or occupant or by visitors having business with such owner or occupant.

(21)

Parking spaces or areas for the parking of automobiles and other motor vehicles of the owner or occupant of said unit parcel or site, of the employees of said owner or occupant and of visitors having business with said owner or occupant of said unit parcel or site.

(22)

Recreational facilities for employees of said owner or occupant of said unit parcel or site.

(23)

If said unit parcel or site shall exceed 100 acres, the following additional uses and purposes shall be permitted, and buildings may be erected, altered and used for one or more of said uses and purposes:

Retail sales and service shopping areas, subject to the requirements therefor contained in the schedule.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Single-family detached dwellings upon a separate lot containing a minimum of 10,000 square feet, with height, building area, side yard, rear yard and front yard requirements as set forth in the schedule.

Multifamily detached dwellings not to exceed an average density of six dwelling units per acre in said unit parcel or site and density on any one acre of 15 dwelling units, subject to the requirements therefor contained in the schedule.

(24)

In addition to the foregoing, there shall be permitted and allowed all uses and purposes similar to, accessory to, necessary to or incidental to any or all of the foregoing uses and purposes.

Signs. In a Commercial Office Building District OB4 signs, billboards, signboards and other devices or displays may be applied to, or erected on the roof of, any building but shall not exceed 10 feet in height and 18 feet in width and may be illuminated.

Retail sales and service shopping areas. No retail sales and service shopping area shall constitute more than 10% of said unit parcel or site, and the aggregate of all such areas shall not constitute more than 20% of said unit parcel or site.

Offensive uses prohibited. No building may be erected, constructed, altered, designed or used, nor may said unit parcel or site be used, for any use or purpose that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise.

Off-street loading areas. Any building to which deliveries are made or from which shipments or deliveries are made at regular or frequent intervals shall provide adequate off-street loading areas.

§ 218-72 OB5 District

[Added 9-23-1969; amended 11-24-1970].

The following regulations apply to the OB5 District:

See the Schedule of Regulations, Nonresidence Districts, included at the end of this chapter.

In the course of site plan review, as required by this chapter, the Planning Board shall have the power to vary the requirements of the chapter as to height limitations, yard setbacks. minimum interior yard dimensions and floor area, building coverage and required parking and other matters listed in the Schedule of Regulations, provided that the Planning Board shall determine that such variations are in the public interest and necessary in order to foster high-quality development and redevelopment, are in compliance with the general purpose and intent of this chapter and will ensure compatibility with uses on adjoining properties. In no case shall the variation of any requirement be greater than 60% of said requirement. Such variations shall apply only to the particular site plan and proposals thereon which are under review.

A hotel shall be a permitted principal use in the OB5 District, subject to the following standards and to site plan review by the Planning Board:

No cooking facilities in guest rooms.

Provisions for meeting and banquet rooms, dining, recreation, business and social activities.

Height not in excess of 90 feet on parcels 12 acres or more in size, eight-acre hotel sites with 400 feet of frontage on a state highway, coverage of 15%, gross floor area ratio of 35%, impervious area coverage of 60% with 150 feet front, 100 feet side area coverage with 150 feet front, 100 feet side setbacks, meeting parking and sign requirements of this chapter.

[Added 2-22-1977]

Any use permitted and as regulated in the residence district or districts which abut the Office Building District shall be permitted, such regulations to extend into the Office Building District to a depth of 250 feet, the interior remaining area to be classified and subject to the regulations and conditions of the residence district which predominates on the perimeter boundaries of the Office Building District, except that, in the case of properties zoned in OB5 Office Building Districts, in all cases where the R-40 One-Family Residential District provisions and the Schedule of Regulations[1] shall apply, the minimum area in square feet for all parcels used for residential purposes shall be 40,000 square feet. Where more than one district would apply under this provision, the regulations and permitted uses of the more restricted district shall apply. For the purposes of this subsection, property across a public street from an Office Building District shall be considered as abutting the perimeter of the district

[Added 4-10-1979]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

In addition to the uses listed in Subsections A, C and D above, the following use is also permitted in the OB5 District:

[Added 9-13-2011]

Laboratories devoted exclusively to research, design and experimentation; provided, however, that:

Animals may be kept or maintained when necessary for laboratory research, design or experimental work, provided they shall be maintained within a facility housed in a building interior, which shall be no more than 20% of the total gross floor area within such building and which shall comply with all applicable federal, state and local laws.

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation may be developed in accordance with the dimensional standards applicable to the C-RB Highway Commercial Zoning Districts as set forth on the Schedule of Regulations, Nonresidence Districts IV, Columns 5 through 15.

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation shall be subject to a maximum height requirement of four stories or 80 feet.

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation may be developed in accordance with a site plan approval authorizing phased improvement of a parcel over a specified period of time. Such phased development shall be authorized over a period not to exceed 10 years, subject to extension by the Planning Board. The actual sequencing of a phased approval may be modified, following the issuance of site plan approval, upon approval of the Town Engineer and Building Inspector.

§ 218-73 OB6 District.

[Added 4-14-1976]

The following regulations apply to OB6 Districts:

The Planning Board may modify yard requirements. No parking in a yard facing a residential district shall be permitted.

Screening, shrubbery and landscaping of buildings shall be as approved by the Planning Board.

Upon site plan approval of a lot or parcel of 10 acres or more and upon the issuance of a certificate of occupancy for a nonresidential use on any portion thereof, the remainder of said lot or parcel shall automatically be disqualified and ineligible for residential use.

Building height shall be determined by averaging the heights of the elevation at all building corners as measured from the finished grade, as determined by the Planning Board.

No truck terminals shall be permitted. Overnight truck parking shall be permitted in suitably screened or enclosed areas.

Uses permitted shall be those uses as permitted above and as regulated in § 218-75A(2). Specifically permitted uses in the OB6 District may be established on sites of two acres or larger within an overall tract or parcel with a lot size of ten or more acres and shall be subject to site plan and subdivision approval insofar as considered appropriate by the Planning Board. In its approval the Planning Board shall be bound by the standards and provisions of the Schedule of Regulations.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

As determined appropriate by the Planning Board in site plan review:

The original or overall site shall be planned and laid out as one unit, including but not limited to the location of buildings, roads, access and circulation drives, drainage, open space and off-street parking areas, recreation, street trees, signs and other facilities and utilities insofar as considered appropriate by the Planning Board and as in its review of subdivisions. Planning Board site plan approval and public hearing shall be required and substituted, except as worded herein, for approval and public hearing of any subdivision or resubdivision of lots or sites within an overall site.

Construction of buildings, roads and off-street parking areas and other factors mentioned in Subsection G(1) above subsequent to such subdivision shall conform to the original plan, or as may be amended, approved by the Planning Board.

Any lot or site resulting from such subdivision shall be at least two acres in area, and all such sites having frontage on an official or approved street or streets shall have at least 100 feet of frontage thereon and shall be subject to said site plan review and approval by the Planning Board.

All buildings on a collector road within the site shall be set back at least 50 feet from the edge of pavement.

All buildings on any sites resulting from such subdivision shall be of harmonious architectural design, and the exterior finish thereof shall be harmonious throughout such buildings. The Planning Board may request the advice of the Board of Architectural Review in these matters.

In no case shall the total building coverage exceed 30% of the site area, nor shall the total of the building coverage and paved areas, including roads required hereunder, exceed 60% of the overall site area.

Access and service roads shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion and to provide a logical road system. The plan for such access and service road connections shall be approved by the Planning Board at the time of site plan approval. The Planning Board may also limit the occupancy of the permitted buildings on the basis of the parking spaces available and the uses approved on the site plan.

Parking spaces shall be provided on the parcel or site as provided in § 218-89, as amended, in an amount, considered sufficient by the Planning Board to accommodate company, employee and visitor motor vehicles, equal to the parking requirements specified in § 218-89, as amended. Any site plan of development shall clearly indicate that the parking requirements of this chapter can be met should any accessory use or accessory building or group of buildings be converted to a use requiring a greater amount of parking as provided in this chapter. Parking areas shall be permanently improved and suitably screened with planting and shall be set back at least 30 feet from the property lines of the site as defined in this section. No parking except visitor or customer parking shall be permitted in the required front yard of any site. The plan for off-street parking areas shall be approved by the Planning Board as part of the site plan and shall conform to the general purpose and intent of this chapter to promote compatibility of such use with the abutting properties. The Planning Board may reduce the amount of parking actually constructed at any particular time upon a finding that the required amount is excessive in relation to the type of use or building design. Parking shall be permitted in side and rear interior yards, provided that adequate landscaping and traffic circulation is shown on the site plan. No parking, except as noted above for visitors and customers, shall be permitted in the required yard facing the primary entrance road.

Signs.

In an OB6 District the following signs are permitted:

At each ingress from a public street to the overall site, a freestanding sign not exceeding 75 square feet in total area and not more than 10 feet in height, limited to the name of the development and listing the major sections or use areas therein; in addition, a freestanding directory sign not exceeding 75 square feet and 10 feet in height may be placed in connection with each ingress to provide directions for visitors to the various users.

At each ingress to various sections or use areas of the overall site, a sign not exceeding 40 square feet in area and not more than seven feet in a height, limited to the name of the development or use area and section and a listing of the occupants therein.

For all nonresidential use areas or sections at each ingress to a building site, a sign not to exceed 20 square feet in area and not more than seven feet in height identifying the occupant or occupants of the building.

Directional signs each not exceeding six square feet in area and not more than four feet in height may be placed as required giving the direction to a building, use or group of buildings or parking and loading areas.

Temporary nonilluminated real estate and construction signs not exceeding 75 square feet in area and 15 feet in height may be placed on each building site, which signs must be removed from such site no later than 12 months after the issuance of a permanent certificate of occupancy.

All signs shall be nonmoving and nonflashing. Light sources, if any, shall not be exposed. Signs shall not extend above the roof or coping of any building.

There shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies established on the site. Such a sign shall not exceed 50 square feet in area and shall not extend above the roof or coping of any building.

Signs shall not be illuminated by exposed tubes, bulks or other similar exposed light sources.

Necessary small direction signs shall be permitted in locations approved by the Planning Board.

In an OB6 District, radio transmission towers and antennas may be permitted and may be approved by the Planning Board as an integral part of an overall plan or amendment to such plan, for a site of at least 30 acres in said district, subject to the following conditions:

[Added 2-24-1981]

No radio transmission tower and antenna shall be permitted unless the studio or principal office of said radio station is located on the same site as the tower.

The setbacks for said towers from all adjoining property lines and streets shall be established by the Planning Board, taking into consideration the use and ownership of abutting parcels and the standards approved in said overall plan.

All facilities at the base of such tower, including accessory enclosures for transmitters, shall be fenced and landscaped to the satisfaction of the Planning Board. The Planning Board may also establish additional safeguards as it feels necessary to protect the public interest and safety, including regulations regarding the marking and illumination of such towers.

The maximum height of such tower and antenna shall not exceed 250 feet, subject to the provisions of Subsection J(5) below.

When said tower is located on a site which is in the vicinity of a heliport or airport, the Planning Board shall request a report from the state, county or other government entity owning and operating such heliport or airport prior to approving said tower and antenna as part of an overall plan. In the event that an agency owns, operates and/or leases a heliport or airport facility whose flight path may be affected by the erection of such tower, then the height and location of said tower shall be adjusted by the Planning Board to meet the requirements established by said agency in said report. The Planning Board shall request said report, in writing, from the state, county or other agency. In the event that said agency does not respond in writing within 30 days thereafter, the Planning Board shall proceed to act on said tower.

§ 218-74 OB-CE District

[Added 6-28-1983; amended 2-9-1993]

Among the purposes of the Corporate Office Education OB-CE District is the desire to provide office, housing, dining and conference facilities in an appropriate physical setting to adequately advance, support, serve and benefit the education of the employees of major corporations and others. To these ends the following provisions shall apply, in addition to the specific standards for the OB-CE Zoning District as outlined in the Schedule of Regulations.[1] following more specific conditions shall apply in addition to other sections of this chapter deemed pertinent by the Planning Board:

All development in the OB-CE District shall be subject to site-specific and development-related environmental review by the Planning Board in conjunction with site plan and subdivision review and approval, to the extent deemed appropriate by the Planning Board. The building, its architectural and landscape design and all uses on the site shall be so located and constructed so as to set a high design standard and provide ample buffering for neighboring uses and to minimize any adverse environmental impacts. The Planning Board shall address the Town Law and the State Environmental Quality Review Law and shall determine the need for an environmental impact statement during site plan review in accordance therewith.

As to permitted uses, more than one or a combination of permitted principal, accessory or special uses may be permitted on a particular site subject to the standards and provisions of the OB-CE District. Accessory uses shall include but not be limited to those listed in § 218-70A(3). Office building uses as permitted and regulated by the Planning Board in accordance with the standards and provisions of the OB1 District shall also be permitted in the OB-CE District upon issuance of a special permit and site plan approval by the Planning Board. Such office and related accessory uses may be for all or a portion of the lands designated "OB-CE" and shall be constructed to the OB1 District area standards as approved by the Planning Board. Accessory uses of a security or utilities nature, such as an entrance gate or drainage facilities, may be located in required yards upon site plan approval.

As to lot area, width and other dimensional standards, such measurements shall be made exclusive of those portions of the site devoted to the main access drive, as determined by the Planning Board. The width of lot at the front yard setback shall be measured by a vertical plane established and approved by the Planning Board as passing through the point of the principal building use closest to the main public access street and generally parallel thereto.

As to building height, Subsection B of the definition of "height of building" in § 218-3 shall be applied, except that, because of the extensive site planning nature of uses permitted in the OB-CE District, the last paragraph therein referring to the established grade of the curb shall be applied as deemed appropriate by the Planning Board.

As to parking and loading, the minimum number of off-street parking spaces shall be one space for each employee and instructor and one space for every three beds, plus one space for each enrolled day student, plus 10% additional spaces to that above for visitor purposes and as provided in Article VI, whichever results in the greater amount of spaces. The Planning Board may vary parking space size based upon automobile size and may increase or decrease the amount of parking required up to 50% in the course of site plan review, provided that the minimum required spaces are shown on the site plan and designated as buildable upon determination of future need by the Planning Board. Off-street loading requirements for principal and accessory uses shall be as deemed appropriate by the Planning Board. Special permit uses shall meet the requirements of the OB1 District.

For the purpose of the OB-CE District, a "hotel not operated as a public hotel" shall mean a facility offering residential accommodations for persons where such persons are limited to persons using the educational facility or conducting business with the facility owner, tenant or occupant or an employee of the facility owner, tenant or occupant. A "restaurant not operated as a public restaurant" shall mean a facility offering food and beverage to persons using the educational facility or conducting business with the facility owner, tenant or occupant or an employee of the facility owner, tenant or occupant. The use of the facility by persons solely for the purpose of using the residential or restaurant accommodations shall be prohibited if such persons are not conducting business with the facility owner, occupant or tenant.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-74.1 OB-Master Plan (MP) District.

[Added 11-22-2022 by L.L. No. 9-2022]

OB - Master Plan (MP).

The purpose of the OB-MP District is to allow for the flexibility to provide a vibrant, connected environment that encourages smart growth, healthy communities, innovation, while supporting and promoting diverse job creation in emerging fields, including, but not limited to, biotech, medical research, education, robotics and supporting ancillary services and uses. This zone allows for the incorporation of technology labs, medical offices, educational facilities and activities, residential housing supporting such uses, and indoor and outdoor arts and cultural spaces for education at all levels, retail, restaurants, among other uses, to create a walkable mixed-used community.

Uses. An applicant may submit a biotech mixed use development project that is part of an integrated master plan approved by the Planning Board on a site consisting of one or more contiguous lots having a minimum combined lot area of at least 55 acres and bordering a state or county highway. Such integrated master plan shall be limited to uses permitted in the OB-MP District in the attached Schedule of Regulations[1] and shall be in conformity with an approved site-specific master plan.

Editor's Note: Said Schedule is included as an attachment to this chapter.

SEASONAL OUTDOOR CUSTOMER SEATING

Definitions. In the OB MP District, the following definitions shall apply:

HOTEL

A facility containing rooms or suites consisting of connected rooms, with or without cooking facilities, offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include, but are not be limited to, related services such as restaurants, meeting rooms, recreational facilities, or educational uses.

LOW IMPACT HOUSING

A building, or portion thereof, with each unit consisting of living space with a kitchen and private bathroom for biotechnical employees, nurses, medical residency students or other members of educational faculty or hospital staff, limited to studios and one bedroom apartments. The housing units shall not be smaller than 540 square feet nor greater than 900 square feet.

The Planning Board may annually permit seasonal outdoor customer seating and tables on a property and, to a limited degree, extensions onto abutting Town property subject to the following conditions:

Outdoor customer seating shall be permitted year-round.

The Planning Board shall limit the area of outdoor customer seating such that it will not interfere in any way with fire exits or other requirements of the Building Code of New York State.

The Planning Board shall limit the area to be devoted to outdoor customer seating so that it will not interfere with access by the handicapped and shall maintain on any Town sidewalk a safe, adequate and unobstructed passageway for pedestrians not less than five feet in clear width from the edge of the outdoor seating area to the nearest obstruction.

The outdoor area to be devoted to seasonal outdoor customer seating shall not be considered for the purpose of determining on-site parking requirements.

§ 218-75 M1 and M2 Districts.

The following regulations apply to the M1 and M2 Districts:

Within any Planned Light Industry District M1 or any Light Industry District M2, no building or premises shall be used and no building or group of buildings shall be erected, altered or used for other than one or more of the following uses and purposes, provided that in an M1 District the site plan of development is approved by the Town Board as being in conformity with the provisions of this section and the Schedule of Regulations.[1]

Any principal nonresidential use permitted in any other district, except child day-care centers which shall be expressly prohibited.

[Amended 3-26-1996]

Light industrial or manufacturing uses, listed under the provisions of Subsection A(3) below, which may include fabrication, processing, converting, altering, assembling or other handling of products, the operations of which are conducted solely within a building or group of buildings and will not cause or result in:

Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings in which such use is conducted.

Menace by reason of fire, explosion or other physical hazard, including radiation or electrical disturbance.

A harmful discharge of waste materials.

Unusual traffic hazards or congestion due to the type of vehicles required.

The Town Board, after due notice and public hearing, shall establish and from time to time revise a list of uses conforming to the standards specified in Subsection A(2) above, including any conditions to which any of such uses shall be subject in order to assure continued conformity, but excluding any uses prohibited in Subsection A(4) below. Such list may be referred to the Planning Board for recommendation. This list follows:

	Bakers and baked goods manufacturing, provided that adequate safeguards against the dissemination of odor are provided.
	Bookbinders, engravers, lithographers.
	Cabinetmakers, carpenters' shops, power woodworking.
	Clock and watch manufacturing.
	Cold-storage plant.
	Electrical small-parts manufacturing.
	Furniture repairs, finishing and upholstering.
	Jewelry manufacturing.
	Limited fabrication, as permitted in § 218-39A, except that no special permit is required
	Machine shops for small parts.
	Optical goods manufacturing.

Specifically excluded uses include, but are not necessarily limited to, the following:

The slaughtering or processing of animals, fowl or fish or components thereof or manufacture of any commodity, the major part of which is animal or fish matter, provided that the sale of fresh or processed animals or fish as foodstuffs shall be permitted.

The manufacture of heavy chemicals such as, but not necessarily limited to, acids or other corrosives, ammonia and caustic soda; the manufacture of basic or semifinished chemicals such as, but not necessarily limited to, cellulose products, resins, dyestuffs, glues, vegetable, animal or mineral fats or oils, explosives, soaps and detergents, fertilizers, combustible gases and asphalt and tar products; the manufacture or production of primary metals or alloys in ingot or stock form; the manufacture or production of cement, plaster and their constituents, matches, paints, linoleum and oilcloth, rubber and rubber products.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Within any Planned Light Industry District M1 all uses shall conform to the following standards:

The site shall be at least 10 acres in area and shall have at least 250 feet of frontage providing suitable access to existing streets or highways. There shall be no more than one principal building or integrated group of buildings designed as a unit on one lot.

Access and service roads from existing streets, highways or parkways shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion. The plan for such access and service road connections shall be approved by the Town Board before a zoning permit shall be issued. Parking space shall be provided on the site to accommodate company, employee and visitor motor vehicles for which the development is designed, with at least one car space for each two employees and one space for each company vehicle. Parking areas shall be permanently improved and suitably screened with planting and shall be set back from street and property lines of the site at least 50 feet, except that no commercial-type vehicles shall be parked within 150 feet of street lines and 100 feet of other property lines.

Ventilators, skylights, water tanks, bulkheads, chimneys, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above the roof level may extend an additional 15 feet above the roof level of a building, but the total area of all such features shall not exceed 25% of the roof area. The height of chimneys for heating and power houses and the height of individual water towers may be increased above the limitations of this section, provided that these structures are set back an additional 100 feet from all property lines for each additional 20 feet of height or part thereof. The height limitations of this section shall not apply to radio antennas when accessory to the principal use, except that no more than one such antenna shall be erected on any site, and the height of such an antenna shall not exceed 100 feet above the ground. The distance between any two buildings shall be at least equal twice the height of the taller of said buildings.

Outdoor storage shall be permitted only when accessory to a permitted principal use and only when storage areas are suitably screened and are located at least 100 feet from any property lines and at least 150 feet from any street lines, and such storage areas shall not cover more than 15% of the site areas. The Town Board shall approve plans for the location and screening of outdoor storage areas before a building permit shall be issued.

There shall be no advertising signs other than one facing each public street, announcing the name and/or insignia of the company or companies on the site. Such a sign shall not exceed 50 square feet in area and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary direction signs shall be permitted. Exterior spotlighting or other illuminations shall be so installed as to eliminate any nuisance to adjoining residential districts or to traffic on the public highways. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be permitted.

All accessory uses and parking and storage areas shall be planned as an integral part of a site and shall be located on the same site with the principal use. When an industrial development is immediately adjacent to land in a residence district, the Town Board may require the installation of an evergreen landscaped strip and/or a suitable fence to screen the residential properties.

All sites shall be suitably screened from any adjacent park or parkway.

Within a Light Industry District M2 the standards listed above in Subsection B(5) and (6) shall apply, in addition to those standards set forth in the Schedule of Regulations.[2]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-75.1 OSR District.

[Added 8-14-2001]

The Town Board finds that the conservation of open space and associated historic resources and the promotion of public understanding, awareness and appreciation of nature, the environment, and regional history and culture make important contributions to the quality of life in the Town. The Town of Mount Pleasant Open Space Environment Plan has identified important open space resources within the Town whose "natural scenic beauty or. . . existing openness, natural condition or present state of use, if preserved, would. . . establish a desirable pattern of development or would offer substantial conformance with the planning objectives of the municipality." The purpose of this district is to preserve the content and character of existing open space and agricultural lands, and their continued use as such, by the establishment of a separate zoning district and regulating provisions limiting the future development and alteration of such existing open space and agricultural lands, and by promoting the continued use and conservation of the qualities and appearance of said lands within the OSR District. To these ends, the following provisions shall apply, in addition to the specific standards for the OSR Open Space Resource District as outlined in the Schedule of Regulations.[1]

All development in the OSR District shall be subject to site plan approval by the Planning Board.

Permitted principal uses include one or a combination of the following:

Preservation and conservation of open space lands.

Nature preserves.

Dedicated passive parklands.

Preservation of historic structures and sites as deemed appropriate by the Planning Board.

Conservation of open space character and preservation of existing natural resources and aesthetic environmental quality through the continuation of agricultural use and natural landscape management.

Educational and cultural program use related to natural resource and agricultural conservation, and historic preservation and interpretation. Program use may include, but not necessarily be limited to, classes, events, tours, exhibits, lectures and presentations, including the sale of retail goods incidental to said program use.

Accessory principal uses. The following accessory principal uses shall be permitted in connection with a permitted principal use, provided such accessory use is clearly shown to be subordinate to the overall operations of the principal use and conservation of the property and open space resources thereon, and provided that a minimum of 90% of the floor area of such accessory principal uses shall be contained within structures existing on the site as of April 1, 2001. The maximum floor area permitted for such accessory principal uses shall be equal to a floor area ratio of 0.02, or 45,000 square feet, whichever is less.

Professional and business offices.

Restaurant.

Cafe.

The following accessory uses shall be permitted only in connection with a permitted principal use or a permitted accessory principal use:

Required off-street parking areas.

Signs.

Caretaker or staff residences, not to exceed a combined total floor area of 2,500 square feet. Existing staff residences may continue to be used for that purpose, notwithstanding other minimum area requirements of this section.

Noncommercial structures incidental to permitted principal educational and agricultural programs, including but not limited to barns, storage sheds, greenhouses and gatehouses. Notwithstanding other side yard requirements of this section, a one-story gatehouse structure of not more than 100 square feet located along a site access road shall have a minimum side yard of 10 feet.

Approvals for the construction of such ancillary agricultural structures of a size not exceeding 2,500 square feet may be granted by the Town Engineer and Building Inspector, upon their determination that the use, size and location of such structure(s) is generally consistent with a valid site plan approval granted by the Planning Board and all related conditions and requirements.

[Added 5-24-2016 by L.L. No. 7-2016]

Renovation and reuse of existing structures; maximum building height/stories.

Existing structures may be renovated or repaired, and utilized, to their existing height/stories for uses permitted in the OSR District. All new and expanded portions of existing structures and buildings shall comply with the maximum height/stories requirements as set forth in the Schedule of Regulations.[2]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Any such renovations or any expansions or new structures permitted under these regulations shall be designed so as to complement and/or preserve to the extent practicable the historic character and appearance of the existing buildings. Architectural elevation drawings of any proposed renovations or additions shall be approved by the Planning Board.

If any existing or renovated building shall be destroyed by any means, it may be restored to its former condition, provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion. Alternatively, it may be replaced by a building or buildings that conform to the requirements as set forth in the Schedule of Regulations[3] for this district.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Landscape planting and management requirements. Sites developed in the OSR District shall be landscaped and managed so as to maintain the open space character of the site. Such requirement shall not be deemed to preclude any change in the site's vegetation, grading, or appearance, but rather to encourage active planning and management of its natural systems and overall visual appearance. Tree protection plans, planting plans and landscape management programs as applicable shall be as approved by the Planning Board.

Site access; off-street parking and loading.

Site access and service roads shall be properly related to the public roadway system so as to avoid unsafe conditions and traffic congestion.

Parking spaces shall be provided on the site to accommodate vehicles as follows:

For educational and cultural program use: not less than two spaces for each 1,000 square feet of gross floor area.

For office use: not less than one space for each 350 square feet of gross floor area.

For restaurant or cafe use: not less than one space for each 100 square feet of gross floor area.

For all other uses: as set forth in Article VI of this chapter.

The Planning Board may decrease the amount of parking required up to 25% and/or vary the design of such parking in the course of site plan review based upon the anticipated utilization or joint usage of the spaces, provided that the minimum required spaces are shown on the site plan and designated as buildable upon determination of future need by the Planning Board.

Off-street loading requirements for permitted principal and accessory uses shall be in accordance with Article VI of this chapter.

Signs.

One freestanding sign, not exceeding 16 square feet in total area and not more than six feet in height, limited to the name of the facility and listing the occupants or use areas therein, may be permitted at each ingress from a public street to the overall site.

Within the site, directional signs, each not exceeding six square feet in area and not more than four feet in height, may be placed as required giving the direction to a building, use or parking and loading areas.

One wall identification sign at the entrances to a building or use, each not exceeding 10 square feet in area, may be placed to identify the occupant(s).

All signs shall be nonmoving and nonflashing. Light sources, if any, shall not be exposed, include neon lights or internally illuminated lights. Signs shall not extend above the roof or coping of any building.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-76 Transitional districts.

[Added 6-22-1982; amended 8-17-1982; 11-23-1982; 7-19-1983; 10-11-1983; 5-14-1991]

From time to time the Town Board may zone properties for transitional use so as to lessen any adverse impact between adjacent areas and also permit an economically viable use of the property. The purpose of a Transitional T Zone is to permit appropriate use of a particular property or properties at densities and in accordance with zoning standards of higher intensity and different land use than a less restrictive abutting zone permits, thereby acting as a buffer between two possibly conflicting land uses. Transitional districts may also be useful in helping to fulfill one or more objectives of the Zoning Ordinance and the Town Development Plan.

Transitional zones may be residential or nonresidential or of mixed use. Residential districts are designated "PRD-T," with specific numbers for each specific district. Nonresidential districts are designated "OB-T," with specific numbers designating specific districts. Mixed-use districts are designated "MU-T," with specific numbers designating specific districts. Districts may be further designated with more descriptive terms identifying the location, type or intensity of use.

Before the approval of any parcel of land as a Transitional T Zone, a conceptual site plan shall be approved by the Planning Board. The conceptual site plan shall be in sufficient detail to fix the approximate locations and grading of all existing and proposed buildings, roads, recreational facilities, parking areas and drives, outdoor activity areas, major landscaping, grading, utilities and other features of the development.

Based upon review of the above information and the following criteria, the Planning Board may recommend approval, approval with conditions or denial of the Transitional T rezoning request to the Town Board. Upon public hearing by the Town Board and rezoning of the parcel for Transitional T purposes, with or without conditions, the Planning Board shall process the site plan review of the proposed project.

In reaching a decision as to the suitability of a site for PRD-T zoning, the Planning Board and the Town Board shall judge the suitability of the tract for multifamily development These considerations and criteria include but are not limited to the following:

Lot area.

Compatibility with officially adopted Town, county, regional and state plans.

Availability and adequacy of sanitary sewer and water systems to be provided on a central basis.

Adequacy of adjacent and nearby public roads to accommodate traffic generated from the multifamily development, in addition to accommodating any future development of lands under existing zoning in accordance with the recommendations of the Town Development Plan and the policies and documents that constitute the Comprehensive Plan for the Town of Mount Pleasant.

Availability and proximity of public transportation facilities.

Availability and proximity of existing or planned employment facilities.

Availability and proximity of shopping and other community services.

The degree to which the proposed development is designed to achieve the planning and housing goals as set forth in this chapter, the Town Development Plan and the policies and documents that constitute the Comprehensive Plan for the Town of Mount Pleasant.

The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site development plans, taking into consideration the floor plans proposed by the applicant and such other information as said Board may determine appropriate. In general, the number of bedrooms per dwelling unit shall average not greater than two, and no dwelling unit shall contain greater than three nor fewer than one bedrooms.

The permitted density on a PRD-T site may be increased by not more than 1/3 beyond the basic permitted density if the applicant agrees to provide affordable housing, as defined in this chapter, and if the Town Board determines that the provision of such will serve to further the purposes and intent of this section and of the Town Development Plan. The Town Board may limit this increase based upon a consideration of:

The need for additional affordable housing, taking into consideration local and regional needs.

The appropriateness of the location of the proposed site.

The suitability of the site and the proposed development design to accommodate such an increased density in terms of size, topography, traffic, availability of utilities, neighborhood character and other environmental factors.

In all Office Business Transitional Zones OB-T and Mixed-Use Transitional MU-T Zones, accessory buildings shall be located as approved by the Planning Board in site plan and special permit approval. In no case shall accessory uses be closer to any lot line than the principal use.

Parking and access drives in Office Business Transitional Zones OB-T and Mixed-Use Transitional MU-T Zones may be constructed within front, side and rear yards but shall not be closer than 50 feet to abutting residential zones.

§ 218-76.1 Service-Enriched Senior Housing Floating Zone.

[Added 3-9-2021 by L.L. No. 2-2021]

Purpose. The Town of Mount Pleasant determines that there is an increasing need to provide service-enriched housing for senior citizens requiring supportive services or some assistance with daily living. Accordingly, it is the intent of the Town Board to create a floating zone that would permit the Town Board to rezone a qualifying property in accordance with the locational criteria set forth below where, in the Town Board's legislative discretion, it determines after a public hearing that a property is an appropriate location for specialized senior housing in the form of a service-enriched senior housing residence.

Service-enriched senior housing residences shall be subject to the requirements set forth herein, as well as all other applicable regulations in this chapter, in accordance with the Town Planning Board's site plan review authority and procedures set forth in Zoning Code Article VIII.

Location criteria.

A service-enriched senior housing residence may be located on parcels within an Office Business (OB-) or Residential (R-) District that contains a minimum area of eight contiguous acres and has at least 100 feet of frontage along a state or county road.

A service-enriched senior housing residence shall not be established within 1/4 mile of any other existing assisted living residence, independent living residence, memory care residence or service-enriched senior housing residence, unless in the Town Board discretion it determines that this separation distance requirement shall not apply to a particular application to apply the floating zone onto a particular property.

A service-enriched senior housing residence shall not be established on parcels that are located within a public park, within or adjoining the Rockefeller State Park Preserve, or on property currently utilized as a cemetery.

Use and density standards.

Individual residential units within the service-enriched senior housing residence shall contain adequate living and sleeping area(s) and a private bathing facility or shower. The facility shall maintain its own private ambulatory service for nonemergency transportation to medical facilities. When assisted living and/or memory care are included in the service-enriched senior housing residence, the facility shall also maintain, on site, 24 hours a day, seven days a week and 365 days a year, its own medical staff (whether on-site physicians or registered nurses and nurses' aids) to care for the residents at the facility. The facility shall meet all requirements of federal and state law.

A service-enriched senior housing residence may include the following in addition to individual residential units:

Living area(s) for the common use of the residents adequate in location, number, size, variety and amenities to satisfactorily serve the needs of such residents. Such living areas may include but not be limited to living rooms, TV rooms, libraries, music rooms, activity rooms and multipurpose rooms.

Dining area(s) for the common use of the residents adequate in location, number, size and amenities to satisfactorily serve the needs of such residents and in which meals shall be served to all residents on a daily basis.

Central commercial kitchen from which food service is provided to the common dining room(s). Central commercial kitchen facilities shall provide appropriate venting and odor control in addition to noise attenuation meeting the requirements of § 139-16 and county and state health code requirements.

Indoor and outdoor passive recreational areas for the common use of the residents. The minimum permitted usable outdoor open space on a lot shall be provided at a ratio of 100 square feet of outdoor open space for each individual ALR or ILR unit.

Lavatory facilities located near the common room(s) for the use of residents and guests.

Laundry facilities for the residents' personal use.

Linen and housekeeping services.

Personal-care services that need not be provided by licensed personnel, including, but not limited to, assistance with dressing, bathing, eating, ambulation and general supervision.

Twenty-four-hour availability of on-site responsible staff person(s).

A central kitchen may be located on each floor of the building for the residents' personal use, provided that adequate safety features are included in the design of such facility.

An area proximate to the main entrance to the service-enriched senior housing residence that provides safe, properly sited, convenient and canopy-protected access to transportation modes for residents, including but not limited to a shuttle bus, taxi, ride-sharing and jitney services.

Shall be located within a proximate distance to Westchester County Bee Line bus stops.

The maximum permitted density on a lot containing a service-enriched senior housing residence shall be based on the site area requirement of 2,000 square feet of lot area for each individual independent living, assisted living or memory care unit.

The occupancy of residential units located in a service-enriched senior housing residence shall be restricted as follows:

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.

The applicable bulk requirements for this district are set forth below:

Schedule of Dimensional Regulations
Lot Dimension Requirements
Minimum lot size	8 acres
Minimum lot width at front setback	100 feet
Mean width	100 feet
Mean depth	100 feet
Minimum Yard Dimension Requirements
Front	75 feet
Side, at least 1	30 feet
Side, total 2	60 feet
Rear	75 feet
Maximum height of buildings	4 stories or 65 feet to roof deck excluding mechanical screening
Retaining walls	25 feet from base of wall, except when abutting single-family homes, 6 feet

The lot shall be suitably landscaped to the extent practicable, and all landscaping shall be properly maintained throughout the life of any use on any lot. An effort shall be made to retain existing vegetation along the perimeter of the property to the maximum extent practicable. The building shall be suitably screened with a buffer of evergreen plantings or other suitable plantings approved by the Planning Board during site plan review. Buffer screening shall be provided as appropriate along property lines which adjoin adjacent residential lots. A landscaping plan prepared by a qualified New-York-State-registered landscape architect shall be submitted as part of the site plan review.

At least one parking space for every two units shall be provided on site. Such parking spaces shall be permanently improved and shall be located in front, side or rear yards but no closer than 25 feet to any property line. A ten-foot-wide planting strip shall be provided between the designated parking areas and the property line, unless the Planning Board waives the requirement for such planting strip during site plan review undertaken in accordance with Article VIII of this chapter. One loading space shall also be provided on site.

Reasonable vehicular and pedestrian circulation shall exist to and from the site, taking into consideration the characteristics of the existing street and accessibility of the site and building(s) thereon for emergency service vehicles. Adequate provision shall be made for the off-street loading and unloading requirements of delivery vehicles if determined by the Planning Board to be necessary in the particular circumstances with appropriate landscaping.

Adequate exterior lighting shall be provided to ensure safe pedestrian and vehicular travel around the site. Such lighting shall be shielded from the view of all surrounding properties and streets.

One sign not exceeding 25 square feet in area indicating only the name of the project or development shall be permitted facing each public street. Such sign shall not be closer than 10 feet to any lot line, shall not project more than eight feet in height above grade and shall not be illuminated except indirectly.

Mount Pleasant City Zoning Code

ARTICLE IV

Special District Regulations

§ 218-64 General provisions.

The following regulations supplement the Schedule of Regulations as specifically indicated in the schedule.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-65 R-5A District.

The following regulations apply to the R-5A District:

§ 218-66 C-RB District.

The following regulations apply to the C-RB District:

Residential home for adults. In a C-RB District a residential home for adults may be erected and maintained, subject to the following conditions:

[Added 3-27-1973]

There shall be a front yard of at least 75 feet, two side yards, neither of which shall be less than 20 feet, and a rear yard of at least 50 feet.

The minimum floor area per bedroom shall be 150 square feet.

The maximum building coverage of the lot area shall be 30%.

The maximum height of the building shall be 35 feet or two stories.

There shall be provided off-street parking spaces as follows: one for each nonresident employee and one for each three beds.

No building permit for the erection of such home shall be issued until the plans therefor shall have been submitted to and approved by the New York State Department of Social Services.

No kitchen facilities shall be provided in any room except one kitchen for the preparation of foods for all residents and employees, and dining facilities shall not be open to the general public.

§ 218-67 R-3AU District

The following regulations apply to the R-3AU District:

[Added 11-25-1980]

The minimum lot size shall be two acres.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Site plan approval by the Planning Board shall be required as to landscaping, parking, vehicular access, pedestrian usage, recreation areas and provision of utilities.

§ 218-68 C-NR District.

The following regulations apply to the C-NR District:

Apartment developments.

[Added 4-26-1983]

To be classified as an historic building by the Town, the structure must be shown to be of historic significance to the neighborhood. The standards used by the Town are:

[Added 4-26-1983; amended 12-30-1985; 6-10-1986; 10-27-1992; 6-8-1993; 2-26-2019 by L.L. No. 2-2019]

The Planning Board site plan approval powers shall be enlarged to include review and approval of floor plans and facades as well as landscape plans.

Density shall be no greater than one dwelling per 3,500 square feet of gross lot area.

Dwelling units shall be no less than 650 square feet in gross area and not greater than 1,200 square feet in gross area.

No dwelling units shall contain more than two bedrooms or sleeping rooms, as defined by the Planning Board.

All units shall be furnished with public water and sewer facilities approved by the County Department of Health.

There shall be no residential occupancy of any ground floor area.

Each residential unit shall be provided with a separate entrance, which entrance shall, where practicable, be on the side of building opposite to the entrance or entrances to the commercial space.

Residential space, including but not limited to all hallways and stairways, shall not exceed 1/2 of the gross floor area of the entire structure.

(Reserved)

Transitional shopping areas.

[Added 2-24-1981]

Site plan approval shall be required by the Town Planning Board.

The property or properties which qualify for a special permit under these provisions shall have been in existence at the time of adoption of these provisions.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-68.1 Hamlet Zoning Districts.

[Added 11-7-2022 by L.L. No. 6-2022]

The following regulations apply to the Hamlet Zoning Districts:

General provisions.

Development that is maximally transit supportive and in close proximity to the train stations in Valhalla and Hawthorne and other modes of public transit.

The reduction of auto dependency and roadway congestion by locating multiple destinations and trip ends near transit and within walking distance of one another.

Appropriately scaled residential development in the business districts of the Hamlets where adequate infrastructure already exists.

The creation of a pedestrian-friendly environment.

A reduction in total vehicle miles traveled and regional greenhouse gas emissions.

The provision of an alternative to traditional development that emphasizes the integration of multiple, complementary mixed uses.

The facilitation of "placemaking" to stabilize and revitalize the Hamlet's urban fabric.

The facilitation of new development and redevelopment that will create jobs and economic opportunities.

The concentration of investment into targeted areas that are well-suited to accommodate growth.

Emphasize, support and facilitate high quality building design, streetscape and public realm improvements.

Organization.

VH – Valhalla Hamlet.

HH – Hawthorne Hamlet.

TH – Thornwood Hamlet.

Subsection C identifies the allowable building types permitted in the VH, HH and TH districts.

Subsection D indicates where the building types are and are not permitted.

Subsection E identifies the regulations for all buildings.

Subsection F addresses the dimensional regulations and standards for building design, configuration and placement.

Subsection G presents the table of permitted uses.

Subsection H describes the density bonus available in the Hawthorne Hamlet Core Area.

Subsection I identifies the parking requirements.

Subsection J lays out the regulations governing signs.

Subsection K addresses design guidelines.

Finally, Subsection L sets forth the administrative procedures with which all projects in the VH, HH and TH districts must comply.

The Hamlets should include a framework of transit, pedestrian and bicycle systems that provide alternatives to the use of private automobiles.

Development should be compact, pedestrian oriented and contain a mix of uses.

The development of isolated, single-use buildings and sites should be avoided.

The ordinary support activities of daily living should be provided within walking distance of residential uses, allowing for independence from the automobile.

The layout and configuration of development should be designed to disperse traffic and reduce the length of automobile trips.

Within the Hamlets, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.

Civic, institutional and commercial activity should be embedded throughout the Hamlets, and not isolated into remote single-use complexes.

A range of open space, including parks, squares, plazas, and playgrounds, should be distributed throughout the Hamlets.

Buildings, landscaping and other amenities should contribute to the physical definition of thoroughfares as public places.

Development should adequately accommodate automobiles while respecting pedestrians and the spatial form of public areas.

The design of buildings and sites should reinforce safe environments, but not at the expense of accessibility.

Architecture and landscape design should reflect the history and traditions, topography, climate and building practices of the Town of Mount Pleasant generally, and each Hamlet specifically.

Public gathering places should be provided as locations that reinforce community identity and support self-regulation.

Nonconforming uses and buildings.

VH	Valhalla Hamlet District
HH	Hawthorne Hamlet District
HHC	Hawthorne Hamlet - Core Area
TH	Thornwood Hamlet District

HHC - Hawthorne Hamlet Core Area. The HHC is a small sub-district within the Hawthorne Hamlet, located just west of the Hawthorne Metro North train station.

Valhalla Hamlet (VH)

Regulating Plan Boundary

Hawthorne Hamlet (HH)

Regulating Plan Boundary

Thornwood Hamlet (TH)

Regulating Plan Boundary

General commercial building.

General commercial buildings accommodate office or other commercial uses. They can contain a single business or multiple tenants.

Mixed-use building.

One-story commercial building.

A one-story, large format building that accommodates a variety of commercial uses.

Civic building.

A building that incorporates certain monumental architectural elements that accommodates civic, institutional or public uses.

Multi-family building.

A residential building containing three or more dwelling units, that are vertically and horizontally integrated.

Townhouse.

Three or more dwelling units where each unit is separated vertically by a party wall.

Detached dwelling.

A single or two-family dwelling unit on an individual lot with yards on all sides.

Permitted building types by district. Building types are allowed by district, as set forth below:

Permitted Building Types by District
Building Type	VH	HH	HHC	TH
General Commercial Building	P	P	P	P
Mixed-Use Building	P	P	P	P
One-Story Commercial Building	P	P	P	P
Civic Building	P	P	P	P
Multi-Family Building	P	P	P	P
Townhouse	P	P	X	P
Detached Dwelling	P	P	X	P

Rules applicable to all buildings. The following rules apply to all buildings and districts unless expressly stated otherwise:

Site.

Defined. A site is any lot or group of contiguous lots owned or controlled by the same person or entity, assembled for the purpose of a single development.

Site width. Site width is the cumulative width of all contiguous lots that the site is composed of.

Lot.

Defined. A parcel of land either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of ownership, or possession, or for development.

Lot area. Lot area is the area included within the rear, side and front lot lines. Lot area does not include existing or proposed rights-of-way, whether dedicated or not dedicated to public use.

Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot.

Lot depth. Lot depth is the distance between the front and rear property lines measured along a line midway between the side property lines.

Lot frontage. Every lot must have frontage upon a mapped street.

Outdoor amenity space.

Standards.

Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot; however, to receive credit the area must be at least 10 feet in width and length.

Examples of active outdoor amenities include a playground, athletic court, swimming pool, plaza, promenade or dog park.

Outdoor amenity space may be located at or above grade. Above-grade examples include a rooftop deck or terrace, rooftop patio or fitness station.

Outdoor amenity space may be roofed but cannot be enclosed. Examples include a pavilion, gazebo or conservatory.

Outdoor amenity space cannot be parked or driven upon, except for emergency access and permitted temporary events.

Building setbacks.

Measurement of building setbacks. Setbacks are measured from the property line.

Primary and side street designation.

Where only one street abuts a lot, that street is considered the primary street.

A lot with multiple street frontages must designate a primary street. The designation of the primary street shall be based on:

The street with the highest roadway classification.

The established orientation of the block.

The street abutting the longest face of the block.

The street that the lot takes its address from.

Build-to-line.

Building features.

Porches, stoops, balconies, galleries, awnings/canopies and porticos can extend into a required setback.

Chimneys or flues may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

Building eaves, roof overhangs and light shelves may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

Bay windows, oriels and vestibules that are less than 10 feet wide may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.

Unenclosed fire escapes or stairways may encroach up to four feet into a required side or rear setback, provided that such extension is at least five feet from the vertical plane of any lot line.

Cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to two feet.

Handicap ramps may encroach to the extent necessary to perform their proper function.

Structures below and covered by the ground may encroach into a required setback.

Mechanical equipment and utility lines.

Minor structures accessory to utilities (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into a required rear or side setback.

Parking setbacks.

On-site surface and structured parking must be located behind the parking setback line. This requirement is not intended to restrict on-street parking.

Parking setbacks are measured from the property line.

Building height.

Generally.

An attic is not considered a story where 50% or more of the attic floor area does not exceed a clear height of 7 1/2 feet measured from the finished floor to the finished ceiling.

A basement with 50% or more of its perimeter wall area surrounded by natural grade is not considered a story.

The following accessory structures may exceed the established height limit of the district, provided they do not exceed the maximum height by more than six feet:

Chimney flue or vent stack;

Deck, patio, shade structure;

Flagpole;

Garden, landscaping;

Parapet wall (limited to four feet in height);

Solar panels, wind turbines and rainwater collection or harvesting systems.

Amateur communications tower;

Cooling tower;

Elevator penthouse or bulkhead;

Greenhouse;

Mechanical equipment;

Skylights;

[g]

Elevator or stairway access to roof.

Ground floor elevation.

Ground floor elevation is measured from top of the adjacent curb, or from the crown of the road where no curb exists, to the top of the finished ground floor.

Minimum ground floor elevation applies to the first 30 feet of the lot measured from the right-of-way line.

Story height. The story height is measured from the top of the finished floor to the finished ceiling above.

Building type regulations.

General commercial building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space (min)	0

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		75%
Impervious Surface (max)		85%
¹	If a side yard setback is provided it must be a minimum of five feet.

Height and mass.


Building Height
①	Building Height	3 stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	11'
③	Upper Story Height Floor to Ceiling (min)	9'
Building Mass
④	Max Length of Street-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	70%
②	Ground Story, Side Street Facade	40%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		No
Balcony		No
Gallery		No
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Mixed-use building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	200 SF/DU

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		80%
Impervious Surface (max)		90%
⁽¹⁾	If a side yard setback is provided it must be a minimum of five feet.

Height and mass.


Building Height
①	Building Height	3 stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	11'
③	Upper Story Height Floor to Ceiling (min)	9'
Building Mass
④	Max Length of Set-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	75%
②	Ground Story, Side Street Facade	30%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		No
Balcony		Yes
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

One-story commercial building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space (min)	0

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		75%
Impervious Surface (max)		85%

Height and mass.


Building Height
①	Building Height	1 story/25'
Story Height
②	Ground Story Height Floor to Ceiling (min)	12'
Building Mass
③	Max Length of Street-Facing Wall Without Offset	20'
④	Street-Facing Wall Offset Depth (min)	4'
⑤	Street-Facing Wall Offset Width (min)	8'
⑥	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	75%
②	Ground Story, Side Street Facade	30%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	35'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		Yes
Balcony		No
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Civic Building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space (min)	0

Building Placement.


Building Setbacks
①	Front Yard, Primary Street	25'
②	Side Yard, Side Street	10'
③	Side Yard, Interior	10'
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	85%
⑥	Building Along Side Street (min % of lot width)	20%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location Behind Building
Coverage
Building (max)		50%
Impervious Surface (max)		65%

Height and mass.


Building Height
①	Building Height	3 Stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	11'
③	Upper Story Height Floor to Ceiling (min)	9'
Building Mass
④	Max Length of Street-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	55%
②	Ground Story, Side Street Facade	25%
③	Blank Wall Length, Primary Street	15'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	50'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		Yes
Stoop		Yes
Balcony		Yes
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Multi-family building.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	250 SF/DU

Building placement.


Building Setbacks
①	Front Yard, Primary Street	0'
②	Side Yard, Side Street	0'
③	Side Yard, Interior	0' or 5'⁽¹⁾
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	75%
⑥	Building Along Side Street (min % of lot width)	35%
Parking Setbacks
⑦	Primary Street (min)	30'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		70%
Impervious Surface (max)		75%

Height and mass.


Building Height
①	Building Height	3 stories/40'
Story Height
②	Ground Story Height Floor to Ceiling (min)	10'
③	Upper Story Height Floor to Ceiling (min)	8'
Building Mass
④	Max Length of Street-Facing Wall Without Offset	20'
⑤	Upper Story Street-Facing Offset Depth (min)	4'
⑥	Upper Story Street-Facing Wall Offset Length (min)	6'
⑦	Building Length, Street-Facing Facade (max)	175'

Activation.


Transparency
①	Ground Story, Primary Street Facade	65%
②	Ground Story, Side Street Facade	20%
③	Blank Wall Length, Primary Street	20'
④	Blank Wall Length, Side Street	30'
Functional Entries
⑤	Functional Entries (min)	65'
⑥	Area of Garage or Service Bay Openings Along Street Wall (max)	20%
Permitted Building Elements
Porch		No
Stoop		Yes
Balcony		Yes
Gallery		Yes
Awning/Canopy		Yes
Forecourt		Yes
Portico		Yes

Townhouse.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	300 SF/DU

Building placement.


Building Setbacks
①	Front Yard, Primary Street	30'
②	Side Yard, Side Street	10'
③	Side Yard, Interior	10'
④	Rear Yard	30'
Build-To-Line
⑤	Building Along Primary Street (min % of lot width)	35%
⑥	Building Along Side Street (min % of lot width)	15%
Parking Setbacks
⑦	Primary Street (min)	50'
⑧	Side Street (min)	10'
⑨	Parking Location	Behind Building
Coverage
Building (max)		50%
Impervious Surface (max)		65%

Height and mass.


Building Height
①	Building Height	2 1/2 stories/35'
Story Height
②	Ground Story Height Floor to Ceiling (min)	9'
③	Upper Story Height Floor to Ceiling (min)	9'
Unit Size
④	Unit Width (min)	25'

Activation.


Transparency
①	Ground Story, Primary Street Facade	20%
②	Blank Wall Length, Primary Street	20'
Functional Entries
③	Functional Entries (min)	45'
Permitted Building Elements
Porch		Yes
Stoop		Yes
Balcony		Yes
Gallery		No
Awning/Canopy		No
Forecourt		No
Portico		No

Detached dwellings.

Lot requirements.


Lot Dimensions
①	Lot Area (min)	5,000 SF
②	Lot Width (min)	50'
Outdoor Amenity Space
③	Outdoor Amenity Space	500 SF/DU

Building placement.


Principal Building Setbacks
①	Front Yard, Primary Street	30'
②	Side Yard, One	10'
③	Side Yard, Both	15'
④	Rear Yard	30'
Accessory Building Setbacks
⑤	From Principal Building	12'
⑥	Side Yard	5'
⑦	Rear Yard	5'
Parking Setbacks
Parking Location		Driveway or Garage
Coverage
Building (max)		30%
Impervious Surface (max)		40%

Height and mass.


Building Height
①	Building Height	2 1/2 stories/35'
②	Accessory Building Height	1 Story/15'

Activation.


Functional Entries
①	Functional Entries	On Primary Street
Permitted Building Elements
Porch		Yes
Stoop		Yes
Balcony		Yes
Gallery		No
Awning/Canopy		No
Forecourt		No
Portico		No

Permitted uses. The following uses are permitted within the Mount Pleasant Hamlet Zoning District:

Mount Pleasant Hamlet Zoning Code Permitted Uses
Use	VH	HH	HHC	TH
Residential Uses
One-Family Dwelling	P	P	X	P
Two-Family Dwelling	P	P	X	P
Townhouse	P	P	P	P
Multi-Family Dwelling	P	P	P	P
Public and Civic Uses
Public School	P	P	P	P
Community Purpose Building	P	P	P	P
Municipal Uses for Mount Pleasant	P	P	P	P
Place of Worship	SP	SP	SP	SP
Public Utility and Telecommunications	P	P	P	P
Train/Bus/Transit Station	P	P	P	P
Public Parking Lot or Garage	P	P	P	P
US Post Office	P	P	P	P
Park or Playground	P	P	P	P
Community Garden	P	P	P	P
Commercial Uses
Retail	P	P	P	P
Retail Service	P	P	P	P
Experiential Retail	P	P	P	P
eBay Selling Center	P	P	P	P
Community Gathering Place Business	P	P	P	P
Music, Dance, Art, Craft Lessons	P	P	P	P
Retail Laundry and Dry Cleaner	P	P	P	P
Bakery	P	P	P	P
Delicatessen	P	P	P	P
Bar/Restaurant	P	P	P	P
Restaurant, Carry-Out	P	P	P	P
Coffee Shop, Tea House	P	P	P	P
Craft Brewery/Distillery	P	P	P	P
Catering and Events Establishment	SP	SP	SP	SP
Theater or Performing Arts Venue	P	P	P	P
Gallery or Museum	P	P	P	P
Social Club	P	P	P	P
Boutique Hotel	SP	SP	SP	SP
Bed-and-Breakfast	P	P	P	P
Bank, Financial Institution	P	P	P	P
Funeral Parlor	P	P	P	P
Business, Professional Office, Co-Working Office Space	P	P	P	P
Bio-Tech, R&D Facility	SP	SP	X	SP
Medical Office, Ambulatory Care Facility	P	P	P	P
Surgical/Injury Rehabilitation Facility	P	P	P	P
Veterinarian or Animal Hospital	P	P	P	P
University, College and Private School	SP	SP	SP	SP
Business and Trade School	P	P	P	P
Artisan/Craftsman Workshop	P	P	P	P
Farm Stand	P	P	P	P
Farmers Market	P	P	P	P
Nursery School	P	P	SP	P
Day Care Facility	P	P	SP	P
Indoor Athletic Recreation or Training Facility	P	P	P	P
Small Business Incubator	P	P	P	P
Pop-Up Shop	P	P	P	P
Private Parking, Car Sharing Facility	SP	SP	SP	SP
Accessory Uses
Customary Accessory Use	P	P	P	P
Signs	P	P	P	P
Emergency Generators	P	P	P	P
Building Mounted Solar panels	P	P	P	P
Mechanical and HVAC Equipment	P	P	P	P

P = Permitted

SP = Special Permit

X = Prohibited

Historic preservation. Preserving a significant portion of a building(s) or structure(s) identified by the Town Board as having historical, cultural and/or architectural significance.

In granting the density bonus for the amenities listed above, the Town Board shall consider the following criteria:

The incentives being proposed and the degree to which the proposed amenity is compatible with the goals and objectives for the Mount Pleasant Hamlet Zoning Code, and Envision Mount Pleasant.

The associated maintenance schedule and ownership of the proposed amenity(ies).

Mount Pleasant Hamlet Form-Based Zoning Code Off-Street Parking Requirements
Use	Required Parking
Residential Uses
One-family dwelling	1.75 per dwelling unit
Two-family dwelling	1.5 per dwelling unit containing no more than 2 bedrooms; 1.75 per dwelling unit containing more than 2 bedrooms
Townhouse	1.5 per dwelling unit, plus 1 per 5 dwelling units for visitors
Multi-family dwelling	1.0 per dwelling unit containing no more than 2 bedrooms; 1.25 per dwelling unit containing more than 2 bedrooms, plus 1 per 7 dwelling units for visitors
Public and Civic Uses
Public school	1 per teacher or staff member, plus 7 spaces for visitors
Community purpose building	1 per 450 square feet GFA
Municipal uses for mount pleasant	Determined by Town Board
Civic uses	Determined by Town Board
Place of worship	1 space per 5 seats or pew spaces
Public utility and telecommunications	None required
Train/bus/transit station	Determined by Town Board
Public parking lot or garage	None required
US post office	1 per 350 square feet GFA
Park or playground	Determined by Town Board
Commercial Uses
Retail	1 per 450 square feet GFA
Retail service	1 per 450 square feet GFA
Experiential retail	1 per 500 square feet GFA
Bay selling center	1 per 450 square feet GFA
Community gathering place business	1 per 500 square feet GFA
Music, dance, art, craft lessons	1 per instructor, plus 0.25 per student
Retail laundry and dry cleaner	1 per 450 square feet GFA
Bakery	1 per 450 square feet GFA
Delicatessen	1 per 450 square feet GFA, plus 1 additional space if seating is provided
Bar/restaurant	1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater
Restaurant, carry-out	1 per 500 square feet GFA, plus 5 stacking spaces per drive-thru lane
Coffee shop, tea house	1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater
Craft brewery/distillery	1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater, plus 1 per non-customer service employee
Catering and events establishment	1 per 4 permanent seats or 1 per 150 square feet of floor area devoted to patron use, plus 1 per 750 square feet exclusively devoted to a dance floor, plus 1 per employee
Theater or performing arts venue	1 per 4 seats for first 100 seats, plus 1 per 6 seats after first 100
Gallery or museum	1 per 1,000 square feet GFA, plus 0.5 per employee
Social club	1 per 450 square feet GFA
Boutique hotel	1 per guest room, plus 0.25 per employee, plus additional spaces as required herein for restaurant, bar or catering and events uses, if provided
Bed-and-breakfast	1 per guest room
Bank, financial institution	1 per 200 square feet of gross floor area, plus 3 stacking spaces per drive-thru lane served by a teller, and 4 stacking spaces per drive-thru lane for an ATM
Funeral parlor	15 spaces per viewing room, plus 1 space per employee
Business, professional office, co-working office space	1 per 550 square feet GFA
Bio-tech, R&D facility	1 per 550 square feet GFA
Medical office, ambulatory care facility	1 per 300 square feet GFA
Surgical/injury rehabilitation facility	1 per 400 square feet GFA
Veterinarian or animal hospital	1 per 450 square feet GFA
University, college and private school	1 per teacher or staff member, for colleges; 1 additional space per 5 students; for auditoriums, gymnasiums, grandstands or other gathering places, 1 space per 5 seats
Business and trade school	1 per teacher or staff member, plus 1 additional space per 3 students
Artisan/craftsman workshop	1 per artisan or craftsperson
Nursery school	1 per teacher or staff member, plus 1 space per 5 pupils
Day care facility	1 per teacher or staff member, plus 1 space per 5 pupils
Indoor athletic recreation or training facility	6 per 1,000 square feet GFA
Small business incubator	1 per 450 square feet GFA
Pop-up shop	Determined by Town Board
Private parking, car sharing facility	1 per employee

Shared parking.

The uses proposing to share parking spaces are different land uses as set forth in the Permitted Use Table.

In cases where shared parking is proposed between adjacent parcels under separate ownership, irrevocable cross-easements shall be required, to assure the perpetual right to share the parking spaces.

No more than 50% of the required parking for a particular use shall be provided in a shared parking arrangement.

Design and layout. The design and layout of off-street parking spaces shall comply with the provisions of Article VI, except as modified herein:

To minimize curb cuts on the roadways in the Mount Pleasant Hamlet Zoning Districts, the use of shared driveways are encouraged, where feasible.

Where feasible, driveways shall front on streets that are less pedestrian intensive.

Off-street parking is encouraged to be as inconspicuous as possible and to incorporate landscaping and screening to the greatest extent possible to minimize its physical and visual impact.

Parking structures fronting on Columbus Avenue, Elwood Avenue, Franklin Avenue, Kensico Road, Marble Avenue shall be wrapped by first floor non-residential uses.

All pedestrian pathways across and along parking areas shall be appropriately lit with pedestrian scaled lighting fixtures.

The potential conflicts between truck delivery, vehicular traffic, and pedestrian circulation shall be considered when designing service entries, roadways, walkways, and pedestrian entrances.

To the extent possible, service entrances and loading areas between adjacent buildings shall be consolidated. Such service entrances shall be separated from walkways and pedestrian entrances.

In each parking lot containing over 50 parking spaces, at least three of the parking spaces must be provided with an electric vehicle charging station.

Spaces for handicapped car and van parking must be provided as required by law.

All surface parking lots with frontage on a street shall be screened as follows:

A minimum 10-foot-wide landscaped area with a continuous row of shrubs must be provided between the street and the parking lot.

Shrubs must be a minimum of 18 inches in height when planted and must reach a minimum size of 36 inches in height within three years of planting.

Plantings adjacent to driveways shall be designed so as to prevent sight distance impediments, and therefore may be lower in height then specified above.

A 36-inch wall within a minimum five-foot planting strip may be substituted for a continuous row of shrubs.

Breaks for pedestrian and vehicle access are allowed.

To minimize the extent of impervious surfaces and the "heat-island" effect, and to enhance the aesthetic appearance of surface parking lots, the following landscaping requirements shall apply:

Interior islands.

A landscaped interior island shall be provided every 10 parking spaces. Interior islands shall be distributed evenly throughout the parking area.

An interior or terminal island shall be a minimum of 8.5 feet in width and 300 square feet in area.

All rows of parking must terminate with a landscaped terminal island. No more than 30 parking spaces may be located between drive aisles.

Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.

Interior islands must be installed below the level of the parking lot surface to allow for runoff capture.

Median islands.

A landscape median island shall be provided between every six single parking rows.

A landscape median island shall be a minimum of five feet wide.

A median island may also serve as the location for a sidewalk. In such case, the sidewalk shall be a minimum of six feet wide, and the remaining planting area shall be no less than five feet wide.

Median islands may be consolidated or intervals may be expanded in order to preserve existing trees.

Median islands must be installed below the level of the parking lot surface to allow for runoff capture.

Tree coverage.

Each interior island (and terminal interior island) must include at least one shade tree.

In no case can there be less than one tree for every 2,500 square feet of parking area.

Bicycle parking. Off-street bicycle parking facilities shall be provided for any structure or use pursuant to the following requirements:

Design criteria for bicycle parking facilities.

Each bicycle parking space or bicycle locker shall measure at least two feet by six feet.

A minimum four-and-one-half-foot-wide access aisle shall be provided to enable bicyclists to enter and leave the bicycle parking area. In high-traffic areas, the aisle width shall be greater.

Bicycle parking facilities shall not impede pedestrian or vehicular circulation and should be harmonious with their environment.

[k]

Parking facilities should be incorporated whenever possible into building design or street furniture.

[l]

If a bicycle storage room is included within a building, the room shall not be classified as habitable space, and shall be classified similar to a garage.

[m]

Where there is more than one building on a site, or where a building has more than one entrance, the bicycle parking must be distributed to serve all buildings and main entrances.

Signs. All new, reconstructed, altered, or relocated signs must comply with the standards of this subsection.

General.

Sign permit.

The following alteration and maintenance activities do not require a sign permit:

Painting, cleaning, or other normal maintenance and repair of a sign, provided that no change is made to any structural or electronic component of the sign.

A sign that encroaches upon a public right-of-way, consistent with the standards of this subsection, requires written authorization from the Town.

On-premises sign. All sign copy must relate only to the name or nature of the business or establishment on the premises. Off-premises signs are prohibited.

Location.

A sign may be erected on private property only with the written permission of the property owner.

No sign, other than signs placed by agencies of government or a sign whose placement is authorized by such agencies, may be erected or placed on public property.

No sign may be placed so as to obstruct any window or door, with the exception of window signs placed in accordance with this subsection.

No sign may obscure architectural details or features.

Construction. All signs must be erected in conformance with the New York State Uniform Building and Fire Code, as well as the following requirements:

Supports and braces must be designed as an integral part of the overall sign structure and hidden from public view to the extent technically feasible.

All signs attached to a building must be installed and maintained so that wall penetrations are watertight and do not exceed allowable stresses of supporting materials.

When a building-mounted sign is removed, the wall must be repaired and restored to its original condition prior to sign installation.

All signs and their supporting structures must be enclosed so as to prevent inhabitation by birds, rodents, insects, and other wildlife.

Signs constructed of fabric or fabric-like material must be held taut within frames.

Audio components are prohibited as part of any sign.

Illumination type. A sign may be externally illuminated, internally illuminated or directly illuminated.

External illumination. An externally illuminated sign is characterized by the use of artificial light reflecting off its surface.

External light sources intended to illuminate the sign face must be fully shielded and placed close to, and directed upon, the sign face.

Any light source intended to illuminate surfaces behind a sign to produce a halo effect must be fully concealed from view.

Internal illumination. An internally illuminated sign is characterized by the use of artificial light projecting through its surface.

All lamps intended for internal illumination must be fully concealed from view.

Direct illumination. A directly illuminated sign is characterized by the use of exposed lamps, such as neon tubes or incandescent bulbs, that have no shielding and are visible to the eye.

Direct illumination is limited to letters, numbers, symbols and accents.

Each electronic message must be static and depicted for a minimum of eight seconds before changing. Any scrolling, fading in, dropping in, or similar moving copy changes are prohibited.

An electronic message center that is malfunctioning must be turned off.

Light intensity.

Public safety.

No direct or reflected light from the primary light source of a sign may create hazards for pedestrians, cyclists, or operators of motor vehicles.

Colored light must not be used at a location or in a manner so as to be confused with or construed as traffic control devices or emergency services.

Maintenance.

Prohibited signs. The signs listed below, as well as any sign not expressly permitted by this code, are prohibited.

Mechanically activated signs, other than barber poles and clocks.

Signs that are burned, cut, painted, pasted, or otherwise marked on or affixed to a tree, standpipe, fire escape, utility pole, trash receptacle, bench, or any other unapproved structure or surface.

Temporary off-premises signs.

Number of signs. A maximum of two on-premises signs per establishment are allowed per right-of-way frontage, not counting sidewalk signs and skyline signs.

Total sign area.

The total sign area of signs per establishment may not exceed two square feet per one foot of linear width of front or corner side facade.

The area of sidewalk signs and skyline signs are not counted toward the total sign area described in this subsection.

Sign location. All signs, with the exception of sidewalk signs, must be building-mounted. Building-mounted signs must be attached to a front or corner side facade only.

Sign types. The following pages address the standards that apply to each sign type.

Awning sign.

Description. An awning sign is a sign painted on any of the surfaces of an awning.

Dimensions.

Ⓐ	Awning, awning sign (max)	25% of each awning surface, or 50% of the awning valance
Ⓑ	Valance height (max)	0' 8"
Ⓒ	Vertical clearance from sidewalk level, not including valance (min)	8'
Ⓓ	Projection from wall, including supports (max)	15'
Ⓔ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'

Specific standards.

A maximum of one awning sign is allowed per awning surface. Only awnings on the ground story may contain signs.

Internally illuminated or back-lit awning signs are prohibited.

The awning on which an awning sign is placed must be in accordance with the design guidelines in Subsection K.

Blade sign.

Description. A blade sign is a two-sided sign that projects outward from the exterior wall of a structure.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Projection from wall, including supports (max)	5'
Ⓒ	Vertical clearance from sidewalk level (min)	10'
Ⓓ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'
Ⓔ	Distance between blade signs	15'

Specific standards.

A maximum of one blade sign is allowed per establishment per right-of-way frontage. Only establishments with a ground-story main entrance may have a blade sign.

A blade sign that is suspended to allow the sign to swing due to wind action may not exceed six square feet in area.

Canopy sign.

Description. A canopy sign is a sign attached above, below or to the face of a canopy.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Letter/number/logo width above canopy (max)	75% of canopy width
Ⓒ	Letter/number/logo height above canopy (max)	2'
Ⓓ	Projection from wall, including supports (max)	15'
Ⓔ	Vertical clearance from sidewalk level (min)	10'
Ⓕ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'

Specific standards.

A maximum of one canopy sign is allowed per establishment per right-of-way frontage.

A canopy on which a canopy sign is placed must be in accordance with the design guidelines in Subsection K.

Marquee sign.

Description. A marquee sign is a sign attached to the top or face of a permanent roof-like structure constructed over a ground-story main entrance.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Projection from wall, including supports (max)	15'
Ⓒ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'
Ⓓ	Vertical clearance from sidewalk level (min)	10'

Specific standards.

A maximum of one marquee sign is allowed per building.

A marquee may be erected over a main entrance only, and may be no wider than the entrance over which it is erected, plus five feet on each side.

A marquee must be supported solely by the building to which it is attached. No exterior columns or posts are permitted as supports.

Sidewalk sign.

Dimensions.

Ⓐ	Area (max)	10 square feet
Ⓑ	Height (min/max)	3'/4'
Ⓒ	Setback from curb, pole or post sign in right-of-way, or crown of street tree (min)	2'
Ⓓ	Distance from main entrance	25'

Specific standards.

A maximum of one sidewalk sign is allowed per establishment per right-of-way.

A sidewalk sign must be vertically oriented, with a height greater than its width.

A sidewalk sign may not be illuminated or contain electronic components.

[v]

Skyline sign.

Description. A skyline sign is a sign that is attached flat to or mounted away from, but parallel to, the building facade, and located on the upper band of the building.

Dimensions.

Ⓐ	Area (max)	3 square feet per one foot of linear width of front or corner side facade
Ⓑ	Width (max)	40% of facade width
Ⓒ	Height (max)	8'
Ⓓ	Projection from wall (max)	2'

Specific standards.

A maximum of two skyline signs are allowed per building. Only buildings of three stories or greater are eligible to install a skyline sign.

No portion of a skyline sign may extend above the roofline.

Wall sign.

Description. A wall sign is a sign that is attached flat to or mounted away from, but parallel to, any exterior wall of a building.

Dimensions.

Ⓐ	Area (max)	Not exceed two square feet per one foot of linear width of front or corner side facade
Ⓑ	Width (max)	90% of facade width
Ⓒ	Projection from wall (max)	2'

Specific standards.

A maximum of one wall sign is allowed per establishment per right-of-way frontage.

A wall sign must be located above the ground-story windows and below the window sills of the second story.

Exempt signs.

Address signs. An address sign is a building-mounted sign that identifies the occupant and/or address of a structure.

A maximum of one address sign is allowed per building per right-of-way frontage.

An address sign may not exceed two square feet in area for a property with only a residential use or four square feet in area for a property with a non-residential use.

ATM sign. An ATM sign is a sign that is incorporated into and designed as part of an automatic teller machine (ATM).

The advertisement upon the ATM sign must be limited to the term "ATM" and the name and logo of the financial institution rendering the ATM service.

Building directory sign. A building directory sign is a building-mounted sign listing the names and locations of persons or establishments on the premises, and carrying no other advertising matter.

A maximum of one building directory sign is allowed per building per right-of-way frontage.

A building directory sign may not exceed 12 square feet in area.

Community bulletin board. A community bulletin board is a sign that is erected for the posting of temporary signs and contains no permanent advertising copy.

A bulletin board may not exceed 12 square feet in area.

Government signs are allowed in any number, configuration, or size.

The type and extent of illumination of a government sign is at the discretion of the agency placing or authorizing the sign.

Home occupation sign. A home occupation sign is a sign identifying a home occupation on the premises.

A maximum of one home occupation sign, attached to the wall of the dwelling, is allowed per home occupation.

A home occupation sign may not exceed two square feet in area.

Newspaper vending box sign. A newspaper vending box sign is a sign that is incorporated into and designed as part of a vending box for a newspaper or other periodical.

The advertisement upon the newspaper vending box sign must be limited to the periodical vended.

A parking lot directional sign may not exceed four feet in height and two square feet in area.

Parking information sign. A parking lot information sign is a sign that includes information on the operation of a parking lot, such as "No Parking" or "Unauthorized Users Will Be Towed."

A parking lot information sign may not exceed six feet in height and 12 square feet in area.

Place identification sign. A place identification sign is a sign indicating the name of a hamlet, neighborhood, district or subdivision.

A maximum of one place identification sign is allowed per right-of-way intersection.

A place identification sign may not exceed 20 square feet in area and four feet in height.

Property identification sign. A property identification sign is a building-mounted sign identifying the property management company or property name of the premises.

A maximum of one property identification sign is allowed per building per right-of-way frontage.

A property identification sign may not exceed four square feet in area.

Public information sign. A public information sign is a sign that provides information on the use of the facility, such as directional signs, trailhead entry signs, and information kiosks.

A public information sign may not exceed 12 square feet in area.

Street light banner sign. A street light banner sign is a sign that is printed upon flexible material and held taut within frames, attached to a street light.

Street light banner signs on Town street lights are allowed only with the authorization, and in accordance with the specifications, of the Town.

Sign measurement.

Sign area. Sign area is measured as the total area of a sign, as follows:

Sign height. Sign height is measured as the vertical distance from the base of a sign or sign structure, to the highest point of the sign or sign structure.

Vertical clearance. For signs attached to a structure, vertical clearance is measured as the vertical distance from the sidewalk level to the lowest point of the sign.

Design guidelines.

Site design.

SITE DESIGN
Establish a distinct, safe separation between pedestrian and vehicular traffic while creating a "townscape" that is more livable, pedestrian-friendly and fosters a mix of uses and activity throughout the day and year-round.
▪	Utilize the "build-to line" to establish a well-defined street line.
▪	Buildings should embrace and support the public realm.
▪	Place parking in the rear or side of the building.
▪	Share parking where feasible.
▪	Minimize sidewalk crossings by driveways or service bays.
▪	Integrate outdoor spaces and uses into the plan.
▪	Orient a building's primary frontage toward the public realm.
▪	Place retail, restaurant and other active uses on the street level.
▪	Minimize paved surfaces.
▪	Ensure all buildings are connected via sidewalks, alleys, arcades, etc.
▪	Infill development should be characteristic of surrounding buildings.

Building design.

BUILDING DESIGN
All buildings in the Hamlets should strive for excellence in design. Buildings should use high quality and contextually appropriate materials, proportions and scale as outlined in the Hamlet Zoning Code. All architecture should embody sustainability, reflect a human scale, embrace inspirational creativity, and accommodate all users.
▪	Employ heavier textured materials or additional detailing at the base of the building, and break up larger building elements, to provide a human scale.
▪	Utilize architectural details to integrate building components and provide visual interest.
▪	Utilize surrounding buildings to establish proportionality in bulk, mass and scale.
▪	Design appealing architecture from all vantage points.
▪	Incorporate a visually prominent architectural feature on corner buildings.
▪	Equally careful design attention should be given to building services areas, mechanical equipment, loading areas and accessory appurtenances.
▪	Utilize the hierarchy among building elements to emphasize important areas, such as entranceways.
▪	Green building and sustainability should be an emphasis throughout the building's lifecycle.

Street level activation.

STREET LEVEL ACTIVATION
To ensure the vitality of the Hamlets, the streets must be active and vibrant. Complementing an inviting streetscape, the design and use of street level building spaces are critical to activating the public realm. Dead spaces in the streetscape will disconnect the continuity of the Hamlets and impede revitalization efforts.
▪	Organize uses so that active businesses, such as restaurants, face the street, while uses such as offices are located on upper floors, or away from the public realm.
▪	Avoid unarticulated blank walls.
▪	Ensure a high percentage of transparency in storefront windows.
▪	Incorporate familiar traditional architectural elements to achieve a human scale and enhance pedestrian activity - kick plates or knee walls, display windows and clearstory windows above, recessed entryways, glass panel doors with transoms above, etc.
▪	Utilize retractable window walls to open restaurant or retail spaces to the street in nice weather.
▪	Incorporate canopies and awnings.
▪	Install pedestrian scale lighting such as sconce wall lamps.
▪	The installation of security gates, air conditioner units or compressors, or mechanical equipment must be avoided on the principal facade.

Functional entries.

FUNCTIONAL ENTRIES
Pedestrian access points (functional entries) should be easily identifiable, inviting and accessible and situated on the building's primary public frontage. Maximizing the number of functional entries also helps to create interesting and diverse street level architecture.
▪	Call out functional entries through the use of architectural details such as recesses, awnings, arches, canopies, stoops, porticos or distinctive doors and moldings.
▪	Functional entries should be easily identifiable, but proportionally appropriate.
▪	Functional entries should be located on the building's primary public frontage.
▪	Inset entries are preferable as they accommodate door swings and provide shelter for patrons.
▪	Inset entries also provide visual interest and add a sense of rhythm to the street level facade.
▪	Appropriate lighting is key to the successful design of functional entries.
▪	Functional entries must provide full accessibility and meet ADA requirements.

Building offsets.

BUILDING OFFSETS
Building offsets serve to break up monotonous building facades, moderate the mass and bulk of a building and establish a human scale. The Mount Pleasant Hamlet Code building type regulations include specific offset requirements. These are established as minimum standards. Further variations to building facades are encouraged.
▪	Avoid poorly designed, boxy buildings through the provision of building offsets.
▪	Building facade variability, including features like wall planes, shadow lines, segmenting walls, material choices, creates appealing architecture and Hamlet character.
▪	Upper level building offsets combined with window placement can create a unique rhythm, separate from that of the street level.
▪	In instances when physical offsets are impractical, architectural elements that alter the facade plane, such as columns, pilasters or quoins, can be utilized.

Building transitions.

BUILDING TRANSITIONS
The transitional edge of the Hamlets, where new developments interface with existing uses, requires careful attention to assure the appropriate bulk and height of structures adjacent to lower density residential neighborhoods. The massing of taller structures should be organized to minimize their apparent bulk.
▪	Step-down the rear of taller buildings.
▪	Ensure the "rear" of buildings include well designed architecture.
▪	Provide landscaped buffers.
▪	Utilize "green walls" and fencing to screen unattractive building elements.

Windows.

WINDOWS
Building windows are not only utilitarian elements allowing for the admission of light and air, but also provide architectural ornament, adding materially to the regularity and elegance of a building.
▪	Windows should be installed on all sides of a building to avoid blank walls.
▪	Windows should be situated to correspond to occupiable spaces inside the building.
▪	Windows should generally be proportionally taller in height than their width, following ratios of 1:2 to 3:5.
▪	Windows should be used to create rhythm, unity and order.
▪	Use window wall openings to create depth and shadow.
▪	Generally, utilize consistent windows styles along the exterior facade of a building.
▪	Windows should have a transparency higher than 80% and external reflectance of less than 15%.
▪	Windows cannot be made opaque by window treatments (except operable sunscreen devices within the conditioned space), or be blocked by merchandise.
▪	Avoid the use of mirrored or reflective glass.
▪	The use of clearstory and transom windows is recommended.

Building materials.

BUILDING MATERIALS
The choice of materials used for constructing or renovating buildings affects the way a building relates to its neighborhood context. When designed well, a building can contribute to the continuity of street elevation, as well as emphasize a site's unique characteristics. Consequently, a building's design - particularly the facade - and exterior materials can have a significant impact on how the structure is perceived.
▪	Utilize high quality building materials that are durable and appropriate for the climate.
▪	The use of natural materials such as stone, brick or wood are preferred primary building materials.
▪	Concrete (pre-cast, poured in-place or block), cementitious siding, EIFS, metal wall panels stucco, and veneers are not preferred primary building materials, but may be suitable for detailing and accents.
▪	The primary building material used on the front facade shall be continued on the corner side and rear of buildings, except where a building abuts another structure.
▪	Buildings clad with a singular exterior surface material must incorporate additional complementary design elements to provide architectural interest.
▪	New overly self-reverential buildings or those that are not representative of the building typologies found in the Hamlets are discouraged.

Color-paint.

COLOR-PAINT
The selection of building colors has a significant aesthetic and visual impact on building character and appearance.
▪	Buildings should utilize material colors and paint that reflects a color palette that is harmonious with the Hamlet.
▪	Color harmony between adjacent buildings should be considered as part of the architectural design.
▪	The color palette of a building should generally be limited to three colors. Harsh discordant colors should not be used.
▪	Accessory and ancillary structures should match the color palette of the principal building.
▪	Window frame and mullion colors should blend, complement or match building colors.
▪	Tinted window glass should be of a harmonious color.
▪	Facade colors should be compatible and consistent on all sides and levels of a building.

Awnings.

AWNINGS
Awnings over pedestrian walkways and sidewalks are encouraged to provide shade and protection from the elements while adding interest to a facade with shape and color. Awnings are also useful in identifying a business or building.
▪	The lowest point of any awning shall be a minimum of eight feet above the sidewalk.
▪	Awnings should project a minimum of three feet and a maximum of five feet from the buildings and have an angle of between 30 and 50 degrees.
▪	Long expanses of awnings are discouraged. Multiple awnings should be used to reflect door and window openings.
▪	Awnings should be an enhancement to the building facade, and should be proportional with and complementary to nearby buildings.
▪	Awnings should be mounted in locations that respect the design of the building and do not obscure ornamental architecture.
▪	The valance size should be proportional to the size of the awning.
▪	Colors should not call more attention to the awning than the building.
▪	Solid colors are preferred.

Lighting.

LIGHTING
Lighting can significantly enhance the appearance of a building. Lighting should provide a sense of personal safety in active areas, allow for an even distribution of illumination in common areas and highlight architectural details during nighttime hours.
▪	Exterior lighting shall coordinate with and be complementary with the architectural details of the building.
▪	Light glare or excess brightness should be minimized. Light trespass should be controlled by shielding and downward directing fixtures.
▪	Indirect lighting is acceptable for display and architectural lighting.
▪	Exterior site lighting should incorporate current energy efficient fixtures such as LED or similar technologies.
▪	Lighting should be Dark Sky compliant.

Building services.

BUILDING SERVICES
The layout and configuration of a building must take into consideration location of utilitarian features such as trash facilities, loading docks, building mechanical equipment and above ground utility infrastructure. These features should be out of the public's view.
▪	A building's mechanical systems, cooling towers, chillers, vents, generators, etc. should be concealed from street level view.
▪	Placement of service facilities in the rear of buildings is often suitable; however, proximity to adjacent residential uses requires design considerations to screen them and mitigate noise.
▪	Rooftop equipment shall be concealed by screening structures.
▪	Rooftop screens shall be compatible with the overall building architecture and may include fencing, architectural features or landscaping.
▪	Mechanical equipment located on the ground shall be screened by landscaping. Fencing may be used to supplement landscaping, but not in place of it, unless necessary.

Landscaping.

LANDSCAPING
Landscaping enhances the visual image of the Hamlets, preserves natural features, improves property values and alleviates the impacts of noise, traffic and visual distraction associated with certain uses. Landscaping aids in energy conservation and promotes urban wildlife habitats.
▪	Trees and shrubs should be sited and spaced to allow for long term growth, and to avoid encroachments into sidewalks, utility infrastructure and roadway sight lines.
▪	Evergreen and deciduous or flowering trees should be used in combination to create visual interest and to create a dynamic landscape.
▪	Accent planting should be used around entries and key activity hubs. Planters and pots can be used in paved areas.
▪	Screening should be used to protect less intensive uses from the impacts of more intensive uses and to block views of less desirable features from public view (trash enclosures, etc.).
▪	The use of native plants is preferred.
▪	Xeriscaping is encouraged to promote water conservation, reduce maintenance requirements and decrease flooding.
▪	Consider the use of recycled greywater for irrigation.

Sustainability and green building.

SUSTAINABILITY AND GREEN BUILDING
Sustainability and green building refers to the practice of creating structures using a process that is environmentally responsible and resource-efficient throughout a building's life-cycle: from siting to design, construction, operation, maintenance, renovation, and demolition.
▪	Design buildings to take advantage of seasonal weather patterns, wind and solar exposure to maximize passive solar heating and daylighting.
▪	Select building materials that reduce energy consumption, including recycled materials and those that are locally sourced.
▪	Utilize high efficiency mechanical equipment.
▪	Decrease demand for fresh water and generation of wastewater through the use of low flow efficient plumbing fixtures, optimized landscaping, greywater recycling, etc.
▪	Highly insulate buildings and use high performance windows.
▪	Enhance indoor air quality through ventilation, moisture and thermal control, and the use of low VOC paints and stains and materials.
▪	Utilize renewable energy sources.
▪	Strive to construct "Net-Zero" buildings.
▪	Seek LEED certifications.

Project review and approval. Three approval tracks are available in the Mount Pleasant Hamlet Zoning Districts:

No review. Under this track, an application for a change of use within an existing building shall not require site plan approval, provided the following conditions are met:

The use that is proposed is a permitted as-of-right use.

No expansion of the building footprint is proposed.

The new use does not require the provision of any additional off-street parking spaces.

The proposal is classified as a Type II action pursuant to SEQRA.

The change of use shall be authorized and regulated pursuant to a building permit.

Prioritized review.

To be eligible for prioritized review, a project must:

Be a permitted as-of-right use.

Comply with all of the Mount Pleasant Hamlet Zoning regulations and criteria.

No waivers or variances are required.

The proposed action is classified as either a Type II or unlisted action pursuant to SEQRA, 6 NYCRR Part 617. Type I actions are not eligible for expedited review.

The project does not exceed eight dwelling units or 7,500 square feet of non-residential gross floor area.

Full review.

The full review track would be required for all projects that are not eligible for no review or prioritized review.

Projects following the full review track shall comply with the requirements of site plan and/or special permit review in accordance with Chapter 218.

Any project requiring a variance from the Zoning Board of Appeals shall follow the full review track.

Project review process. All applications for projects within the Mount Pleasant Hamlet Zoning Districts shall follow the following process:

Pre-submission conference.

The Town's representatives shall determine which of the three project review tracks the project must follow: no review, prioritized review or full review.

Application requirements.

All site plan applications shall be prepared in accordance with the requirements of Chapter 218.

Completeness review.

All applications must be sufficient for processing before the Town shall accept the application for review.

Within 15 calendar days of the receipt of the application, the Town must notify the applicant in writing whether or not the application is complete or whether additional information is required.

If the Town determines that the application is not complete and additional information is required, then the applicant shall provide any and all additional information requested.

This does not prevent any applicant from resubmitting an application if the same has been abandoned, so long as all of the above steps are completed.

Required public hearing.

A duly noticed public hearing shall be held for all applications processed under the full review track.

Special permit approval authority. The Town Board shall have the approval authority for all special permit uses identified herein.

Decision making. In rendering a decision, the Planning Board or, in the case of a special permit, the Town Board, shall take into consideration the following criteria:

Compatibility with the Town's long-range goals and planning strategy as set forth in Envision Mount Pleasant;

The project does not adversely change the neighborhood character;

The project fosters an appropriate pattern of development;

The project conceals density through building design where appropriate;

The project will encourage appropriate use of the land in accordance with general purposes, intent and spirit of this chapter and is not detrimental to surrounding property values;

The safety, health, welfare or the order of the Town shall not be adversely affected by the proposed use and its location;

The site is suitable for the location of such use in the Town;

That the proposed project is consistent with all findings of the SEQRA generic environmental impact statement adopted for Envision Mount Pleasant;

That there is sufficient roadway access to provide for emergency services while reducing transportation needs;

That proposed landscaping and buffer areas have natural and attractive primarily native plantings that are compatible with the adjacent area and terrain;

[11]

That the applicant exhibits the wherewithal to complete the project;

[12]

That the project provides for innovative and imaginative approaches to transit-oriented development that does not detract from the existing neighborhood character;

[13]

That the proposed project has appropriate height, scale, mass, size, shape and density in relationship to its location, and consistent with the Mount Pleasant Hamlet Zoning provisions;

[14]

The historical, architectural and/or cultural significance of the existing site or existing structures is assessed to address local significance;

[15]

That there is the consideration of the staff recommendations.

Appeals and variances.

All appeals to the Zoning Board shall comply with the requirements of § 218-107.

The Planning Board may allow modifications to Subsection I(2), Shared parking, Subsection I(3), Design and layout, and Subsection K, Design guidelines.

Nonconformities.

Nonconforming uses.

Authority to continue.

The lawful use of any building or land existing prior to the effective date of this code or its predecessor may be continued even if such use does not conform to the provisions of this code.

No unlawful use of property or unlawful structure existing prior to the effective date of this code shall be deemed to be a use which may be continued pursuant to this subsection.

Replacement, repair and maintenance.

Replacement, repair and maintenance may be performed on any structure that is devoted in whole or in part to a nonconforming use. All necessary building permits for such work are still required.

Extensions/expansions.

A nonconforming use cannot be extended, expanded, enlarged or increased in size, footprint or coverage.

No nonconforming use may be extended to displace a conforming use.

Discontinuance.

When a building containing a nonconforming use ceases to be used for the nonconforming use for a period exceeding one year, the use may not be reestablished or resumed.

When land used for a nonconforming use is discontinued for 60 consecutive days, the use may not be reestablished or resumed.

Extensions/expansions.

§ 218-69 C-PS District.

The following regulations apply to the C-PS District:

§ 218-70 OB1, OB2 and OB3 Districts.

The following regulations apply to the OB1, OB2 and OB3 Districts:

Office buildings for business and professional use; research development and control laboratories; and data-processing centers.

[Amended 8-9-1977]

Accessory uses and enclosed storage.

[Amended 8-9-1977]

Additional uses permitted in OB2 Districts. In addition to those uses listed above, the following uses are also permitted in a Public Utility Office Building District OB2:

General, operational and service offices of local or regional public utility companies.

No power generation for outside purposes and no manufacturing, except fabrication incidental to other permitted uses, shall be permitted.

Additional uses permitted on OB3 Districts. In addition to those uses listed in Subsection A(1) to (4) above, the following uses are also permitted in a Research Office Building District OB3:

Laboratories devoted exclusively to research design and experimentation; provided, however, that:

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

The original site shall be planned and laid out as one unit, including the location of buildings, roads, access and circulation drives and off-street parking areas.

Construction of buildings, roads and off-street parking areas subsequent to such subdivision shall conform to the approved original plan.

Any site resulting from such subdivision shall be at least five acres in area, and all such sites having frontage on an official street or streets shall have at least 200 feet of frontage thereon.

All buildings on any sites resulting from such subdivision shall be of harmonious architectural design, and the exterior finish thereof shall be harmonious throughout such buildings.

All other provisions and regulations for this district shall apply to any development on any site resulting from such subdivision, regardless of the resulting size of such site.

Access and service roads and off-street parking.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Distance between buildings. In an OB1, OB2 or OB3 District, the distance between any two buildings shall at least equal twice the height of the taller of said buildings.

§ 218-71 OB4 District.

The following regulations apply to the OB4 District:

Executive and administrative offices.

Engineering offices.

Sales offices.

Accounting offices.

Record offices.

General business offices.

Warehouses for storage of business records and documents.

Research, development and sales development laboratories.

Training schools for employees.

Employees' medical dispensaries and infirmaries.

Employees' dining halls or rooms.

Employees' recreation halls.

United States post office substation.

Branch office of a banking corporation.

Employees' clubhouses.

(19)

Lodges or inns for visitors having business with the owner or occupant of said unit parcel or site.

(20)

(21)

(22)

Recreational facilities for employees of said owner or occupant of said unit parcel or site.

(23)

Retail sales and service shopping areas, subject to the requirements therefor contained in the schedule.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

(24)

In addition to the foregoing, there shall be permitted and allowed all uses and purposes similar to, accessory to, necessary to or incidental to any or all of the foregoing uses and purposes.

Off-street loading areas. Any building to which deliveries are made or from which shipments or deliveries are made at regular or frequent intervals shall provide adequate off-street loading areas.

§ 218-72 OB5 District

[Added 9-23-1969; amended 11-24-1970].

The following regulations apply to the OB5 District:

See the Schedule of Regulations, Nonresidence Districts, included at the end of this chapter.

A hotel shall be a permitted principal use in the OB5 District, subject to the following standards and to site plan review by the Planning Board:

No cooking facilities in guest rooms.

Provisions for meeting and banquet rooms, dining, recreation, business and social activities.

[Added 2-22-1977]

[Added 4-10-1979]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

In addition to the uses listed in Subsections A, C and D above, the following use is also permitted in the OB5 District:

[Added 9-13-2011]

Laboratories devoted exclusively to research, design and experimentation; provided, however, that:

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation shall be subject to a maximum height requirement of four stories or 80 feet.

§ 218-73 OB6 District.

[Added 4-14-1976]

The following regulations apply to OB6 Districts:

The Planning Board may modify yard requirements. No parking in a yard facing a residential district shall be permitted.

Screening, shrubbery and landscaping of buildings shall be as approved by the Planning Board.

Building height shall be determined by averaging the heights of the elevation at all building corners as measured from the finished grade, as determined by the Planning Board.

No truck terminals shall be permitted. Overnight truck parking shall be permitted in suitably screened or enclosed areas.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

As determined appropriate by the Planning Board in site plan review:

All buildings on a collector road within the site shall be set back at least 50 feet from the edge of pavement.

Access and service roads shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion and to provide a logical road system. The plan for such access and service road connections shall be approved by the Planning Board at the time of site plan approval. The Planning Board may also limit the occupancy of the permitted buildings on the basis of the parking spaces available and the uses approved on the site plan.

Signs.

In an OB6 District the following signs are permitted:

All signs shall be nonmoving and nonflashing. Light sources, if any, shall not be exposed. Signs shall not extend above the roof or coping of any building.

Signs shall not be illuminated by exposed tubes, bulks or other similar exposed light sources.

Necessary small direction signs shall be permitted in locations approved by the Planning Board.

[Added 2-24-1981]

No radio transmission tower and antenna shall be permitted unless the studio or principal office of said radio station is located on the same site as the tower.

The maximum height of such tower and antenna shall not exceed 250 feet, subject to the provisions of Subsection J(5) below.

§ 218-74 OB-CE District

[Added 6-28-1983; amended 2-9-1993]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-74.1 OB-Master Plan (MP) District.

[Added 11-22-2022 by L.L. No. 9-2022]

OB - Master Plan (MP).

Editor's Note: Said Schedule is included as an attachment to this chapter.

SEASONAL OUTDOOR CUSTOMER SEATING

Definitions. In the OB MP District, the following definitions shall apply:

HOTEL

LOW IMPACT HOUSING

The Planning Board may annually permit seasonal outdoor customer seating and tables on a property and, to a limited degree, extensions onto abutting Town property subject to the following conditions:

Outdoor customer seating shall be permitted year-round.

The Planning Board shall limit the area of outdoor customer seating such that it will not interfere in any way with fire exits or other requirements of the Building Code of New York State.

The outdoor area to be devoted to seasonal outdoor customer seating shall not be considered for the purpose of determining on-site parking requirements.

§ 218-75 M1 and M2 Districts.

The following regulations apply to the M1 and M2 Districts:

Any principal nonresidential use permitted in any other district, except child day-care centers which shall be expressly prohibited.

[Amended 3-26-1996]

Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings in which such use is conducted.

Menace by reason of fire, explosion or other physical hazard, including radiation or electrical disturbance.

A harmful discharge of waste materials.

Unusual traffic hazards or congestion due to the type of vehicles required.

	Bakers and baked goods manufacturing, provided that adequate safeguards against the dissemination of odor are provided.
	Bookbinders, engravers, lithographers.
	Cabinetmakers, carpenters' shops, power woodworking.
	Clock and watch manufacturing.
	Cold-storage plant.
	Electrical small-parts manufacturing.
	Furniture repairs, finishing and upholstering.
	Jewelry manufacturing.
	Limited fabrication, as permitted in § 218-39A, except that no special permit is required
	Machine shops for small parts.
	Optical goods manufacturing.

Specifically excluded uses include, but are not necessarily limited to, the following:

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Within any Planned Light Industry District M1 all uses shall conform to the following standards:

All sites shall be suitably screened from any adjacent park or parkway.

Within a Light Industry District M2 the standards listed above in Subsection B(5) and (6) shall apply, in addition to those standards set forth in the Schedule of Regulations.[2]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-75.1 OSR District.

[Added 8-14-2001]

All development in the OSR District shall be subject to site plan approval by the Planning Board.

Permitted principal uses include one or a combination of the following:

Preservation and conservation of open space lands.

Nature preserves.

Dedicated passive parklands.

Preservation of historic structures and sites as deemed appropriate by the Planning Board.

Conservation of open space character and preservation of existing natural resources and aesthetic environmental quality through the continuation of agricultural use and natural landscape management.

Professional and business offices.

Restaurant.

Cafe.

The following accessory uses shall be permitted only in connection with a permitted principal use or a permitted accessory principal use:

Required off-street parking areas.

Signs.

[Added 5-24-2016 by L.L. No. 7-2016]

Renovation and reuse of existing structures; maximum building height/stories.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Site access; off-street parking and loading.

Site access and service roads shall be properly related to the public roadway system so as to avoid unsafe conditions and traffic congestion.

Parking spaces shall be provided on the site to accommodate vehicles as follows:

For educational and cultural program use: not less than two spaces for each 1,000 square feet of gross floor area.

For office use: not less than one space for each 350 square feet of gross floor area.

For restaurant or cafe use: not less than one space for each 100 square feet of gross floor area.

For all other uses: as set forth in Article VI of this chapter.

Off-street loading requirements for permitted principal and accessory uses shall be in accordance with Article VI of this chapter.

Signs.

One wall identification sign at the entrances to a building or use, each not exceeding 10 square feet in area, may be placed to identify the occupant(s).

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-76 Transitional districts.

[Added 6-22-1982; amended 8-17-1982; 11-23-1982; 7-19-1983; 10-11-1983; 5-14-1991]

Lot area.

Compatibility with officially adopted Town, county, regional and state plans.

Availability and adequacy of sanitary sewer and water systems to be provided on a central basis.

Availability and proximity of public transportation facilities.

Availability and proximity of existing or planned employment facilities.

Availability and proximity of shopping and other community services.

The need for additional affordable housing, taking into consideration local and regional needs.

The appropriateness of the location of the proposed site.

§ 218-76.1 Service-Enriched Senior Housing Floating Zone.

[Added 3-9-2021 by L.L. No. 2-2021]

Location criteria.

Use and density standards.

A service-enriched senior housing residence may include the following in addition to individual residential units:

Lavatory facilities located near the common room(s) for the use of residents and guests.

Laundry facilities for the residents' personal use.

Linen and housekeeping services.

Personal-care services that need not be provided by licensed personnel, including, but not limited to, assistance with dressing, bathing, eating, ambulation and general supervision.

Twenty-four-hour availability of on-site responsible staff person(s).

A central kitchen may be located on each floor of the building for the residents' personal use, provided that adequate safety features are included in the design of such facility.

Shall be located within a proximate distance to Westchester County Bee Line bus stops.

The occupancy of residential units located in a service-enriched senior housing residence shall be restricted as follows: