Pleasantville City Zoning Code
ARTICLE IV
Business and Manufacturing Districts
§ 185-19 Central Business A-1 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Retail stores and banks, and bakeries, delicatessens and ice cream parlors with a maximum of eight seats for customer use.
(2)
Business, professional and government offices.
[Amended 10-8-2007 by L.L. No. 7-2007; 9-25-2017 by L.L. No. 4-2017]
(3)
Personal service stores, such as but not limited to fitness for personal exercise or physical training, dance or martial arts instruction to individuals and small groups, barbershops, beauty parlors for humans or pets, shoe repair shops and tailor shops, but not including tattoo parlors or vapor bars, lounges or shops.
[Amended 9-25-2017 by L.L. No. 4-2017]
(4)
Gasoline filling stations in accordance with the following conditions:
(a)
No driveway to or from any gasoline filling station shall be established within 200 feet (measured along the street line on that side of the street which such driveway would cross) of the boundary line of any residence district or of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises is located.
(b)
No gasoline filling station building or canopy and no outdoor gasoline or oil pump or automotive service appliance shall be erected within 25 feet of any property line.
(c)
Motor vehicle repair or service shall be permitted only if accessory to a gasoline filling station or a new- and used-automobile sales establishment, but not in connection with or as part of a parking garage.
(d)
Major repair work may be carried on outdoors only where it is impracticable to do such work within a building, but in no case shall any vehicle be stored outdoors for a period exceeding seven days. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work.
(e)
No gasoline filling station and no outdoor gasoline or oil pump or automobile service appliance shall be established on a lot that is within 600 feet of another lot on which there is an existing gasoline filling station or outdoor gasoline pump or oil pump or other automotive service appliance or of another lot for the erection on which such a station, pump or automotive service appliance a building permit has been issued and not revoked.
(f)
All fuel storage at any such filling station shall be stored in underground tanks and the location, capacity and composition of said tanks shall comply with the New York State Uniform Fire Prevention and Building Code and any amendments thereto.
(g)
Any gasoline filling station equipped with gasoline pumps designed for or advertised as self-service gasoline pumps shall not be operated in such a manner, unless such station has at least one attendant employed by the owner or operator of such filling station on duty during all hours of operation.
(5)
Theaters, assembly halls and taverns.
(6)
Funeral parlors.
(7)
Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public. Except as specified hereinafter, the washing of wearing apparel on the premises is prohibited. Cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent and not more than 10 horsepower in electric motive power are used. Self-service automatic laundry establishments are permitted, provided that each such establishment shall contain not more than a total of 35 washing or drying machines or combination thereof.
(8)
Hospitals for human beings, public schools and places of worship, including parish houses and religious school buildings.
[Amended 10-8-2007 by L.L. No. 7-2007]
(9)
Public and commercial off-street parking lots and garages. Such parking lots and garages shall be limited to use by passenger vehicles and commercial vehicles having not more than four wheels.
(10)
Bus, railroad and taxi stations.
(11)
Printing establishment that produces its product by use of a printing press and has not more than five employees therein at any one time. [See § 185-19C(1) herein for facilities with more than five employees at any one time.]
(12)
Restaurants.
(13)
Fast-food restaurants are permitted only if the following conditions are satisfied:
(a)
No such establishment may be located, as measured along a straight line connecting the two closest points of each property line or feature, within:
[1]
One thousand feet of any existing fast-food restaurant located either within or outside the boundaries of the Village of Pleasantville.
[2]
Three hundred feet of any church or religious institution located either within or outside the boundaries of the Village of Pleasantville.
[3]
Three hundred feet of any residence district either within or outside the boundaries of the Village of Pleasantville.
[4]
One hundred feet of the intersection of any business street, as defined in Chapter 159, Subdivision of Land, of the Village Code, either within or outside the boundaries of the Village of Pleasantville.
(b)
Parking.
[1]
Parking lots shall be paved and provided with adequate drainage.
[2]
Parking lots shall be equipped with adequate illumination which shall be shaded so that it does not interfere with use of neighboring properties.
(c)
Waste receptacles and removal.
[1]
Adequate receptacles shall be provided for the deposit by patrons of waste materials.
[2]
Waste materials which contain food or food particles or which tend to create a public nuisance shall be removed from the premises at least once in every 24 hours, excepting Sundays and holidays.
[3]
Waste shall be stored in a covered and landscaped disposal area so that the container is not visible from any street upon which the establishment fronts or from abutting property.
[4]
Waste materials deposited upon the premises by patrons of the establishment shall be placed into appropriate waste receptacles.
(d)
Hours of operation (including food preparation, cleanup, and customer service) shall be limited to the period between 5:30 a.m. and 1:00 a.m.
(e)
Suitable screening shall be provided and maintained as shall be approved or required by the Planning Commission.
(f)
Food shall not be sold or served to a customer through an opening in an exterior wall of a building or structure.
(14)
Cabarets, as permitted and regulated in Chapter 76, Cabarets and Adult Entertainment, of the Village Code and further subject to compliance with §§ 185-36 and 185-50 of this chapter.
(15)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of § 185-36 of this chapter.
(16)
Film/video training facilities and offices related to their operation.
[Added 3-28-2005 by L.L. No. 4-2005]
(17)
Residential uses located above the ground-level floor of the building in which such uses are located, subject to the provisions of Subsection H hereof.
[Added 9-25-2017 by L.L. No. 4-2017]
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(2)
In connection with a lot containing a residential use but excluding any lot containing a principal or accessory nonresidential use, parking in the unimproved portion of selected public street rights-of-way, as permitted and regulated in Chapter 155, Streets and Sidewalks, Article VII, Parking Within Public Street Rights-of-Way, of the Village Code, and further subject to compliance with § 185-50 of this chapter.
(3)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(4)
Storage facilities as long as the building is fully enclosed.
(5)
Retail sale of food in a ready-to-consume state from a counter-type installation in a restaurant for off-premises consumption, provided that such retail sale of food does not constitute a fast-food restaurant.
(6)
Antennas, as permitted and regulated in Article VIIB of this chapter.
(7)
Automobile and van leasing operations as part of gasoline filling station, but excluding commercial vehicles as defined in § 185-3 of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Printing establishments that produce their product by use of a printing press and which have more than five persons engaged therein at any one time, provided that such use would not have a detrimental effect on the use or development of other properties in the immediate neighborhood or on the traffic in the area and having due regard to the general purposes of this chapter.
(2)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing or products, provided that:
(a)
Goods so produced or processed are to be sold at retail, exclusively, on the premises;
(b)
Space so used shall not occupy more than 20% of the area devoted to retail sales, and such area shall be fully concealed from any street;
(c)
Except in connection with newspaper printing, electric motive power, not exceeding a total of 10 horsepower, shall be used exclusively; except that an installment of 10 horsepower or less using fuel other than electricity may be used upon a finding by the Building Inspector that said installation is expected to be free of nuisance characteristics and will have no adverse effect on neighboring uses; and
(d)
Not more than two persons are engaged at any one time in such production processing.
(3)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
(4)
Motels and hotels.
(5)
Residential uses located on the ground-level floor of the building in which such uses are located, provided that at least 50 feet in depth of the ground-floor portion of the primary building frontage is occupied by retail, restaurant, personal service, recreation or similar uses that promote an active, pedestrian-scaled environment. Ground-floor residential uses shall be subject to the provisions of Subsection H.
[Amended 6-10-2002 by L.L. No. 8-2002; 9-25-2017 by L.L. No. 4-2017]
(6)
Temporary structures and uses. The Village Board after a public hearing may grant a special permit for a reasonable period of time not to exceed two years from site plan approval, if necessary, for temporary structures and uses not otherwise permitted in the A-1 District, provided that the Village Board deems such structures and uses fall within the purpose and intent of the A-1 District, are of compatible nature to the principal and accessory uses permitted in the A-1 District, and will not be detrimental to the property within the vicinity of such uses.
[Added 9-26-2011 by L.L. No. 11-2011]
(a)
Upon the expiration of a permit issued hereunder, the permit holder shall be entitled to return to the Village Board to apply to renew the permit every two years. The holder of a permit issued hereunder shall be entitled to a renewed permit every two years unless the Village Board, after due notice and a public hearing, determines by resolution that there has been a material change in operating conditions or evidence of a violation of one or more conditions of the permit and/or of any site plan approval necessitated by the initial issuance of the permit. A permit issued hereunder shall remain in effect during the processing of any renewal application under this subsection.
(b)
In the event that the Village Board finds an applicant seeking to renew its permit has not complied with the conditions of said permit, the applicant shall have 60 days to bring the property into compliance with the conditions of the permit, and may return to the Village Board to renew the permit within this period upon establishing compliance with the conditions in the permit. The failure of the applicant to comply with the conditions of the permit within this sixty-day period shall result in the termination of the permit. More than one designation by the Village Board of noncompliance with the permit shall result in revocation of such permit.
D.
Permitted uses to be carried on in fully enclosed building. Except as otherwise provided, all permitted uses, whether principal, incidental or accessory, including all storage, shall be carried on in fully enclosed buildings. Such provisions shall not apply to parking of registered vehicles, outdoor loading or other service activities and those establishments authorized to conduct business as described in Chapter 155, Streets and Sidewalks, Article V, Commercial Use of Sidewalks, of the Village Code.
E.
Noxious or offensive uses prohibited. Whether or not listed above as a permitted use, any use which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation or which presents any hazard to public health or safety is prohibited.
F.
Location of permitted principal uses. Permitted principal uses shall be located within 10 feet of the street line of the lot and shall occupy at least the ground floor of any building constructed on such lot.
[Added 6-10-2002 by L.L. No. 8-2002]
G.
Screening of off-street parking areas. Wherever an off-street parking area is visible from a street, suitable screening shall be provided to shield the view of such off-street parking area from the street. At the discretion of the Planning Commission, such screening may take the form of landscaping that provides a year-round buffer, fencing, a structural wall, enclosure within a building, or such other treatment as the Planning Commission deems appropriate in the particular circumstances.
[Added 6-10-2002 by L.L. No. 8-2002]
H.
Supplementary provisions for residential uses.
[Added 9-25-2017 by L.L. No. 4-2017]
(1)
Residential uses shall be located above the ground level floor of the building in which such uses are located, unless the Planning Commission grants a special permit subject to the provisions of Subsection C(5) hereof.
(2)
The maximum permitted residential density on a lot containing residential uses in combination with other permitted uses shall be limited to 500 square feet of lot area per unit, except as provided for in Subsection H(8) hereof.
(3)
Individual dwelling units may be of the efficiency, studio, one-bedroom or two-bedroom type but shall not contain more than two bedrooms. The Planning Commission shall have the authority to determine which rooms may function as bedrooms for the purpose of determining compliance with this requirement and may include any room, other than bathrooms, kitchens, entranceways, foyers and closets, under the definition of a bedroom, based upon consideration of such features as number and height of walls enclosing such space, inclusion of doors, windows and closets, and/or proximity to bathrooms.
(4)
All dwelling units shall comply with all applicable provisions of the New York State New Uniform Fire Prevention and Building Code.
(5)
The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.
(6)
Off-street parking for residential uses established pursuant to this subsection shall be provided in accordance with Schedule VII of § 185-36B(7) of this chapter, except as set forth below:
(a)
Off-street parking shall not be required for residential uses established pursuant to this subsection in floor area existing on January 1, 2002, provided that the following supplementary requirements shall apply:
[1]
No more than 2,000 square feet of existing floor area in a building shall be in residential use, including existing floor area that is already being used for residential purposes.
[2]
No more than two dwelling units having no more than two bedrooms each and containing no more than 1,200 square feet each, and subject further to the two-thousand-square-foot-aggregate requirement specified in Subsection H(6)(a)[1] hereof, shall be established in such existing floor area.
[3]
If the provisions of both Subsection H(6)(a)[1] and [2] hereof are satisfied, the provisions of § 185-40 of this chapter shall not be applicable to the new dwelling units established pursuant to this subsection or to any other floor area in the building that existed on January 1, 2002.
[4]
If the provisions of both Subsection H(6)(a)[1] and [2] hereof cannot be satisfied, off-street parking for the proposed residential uses shall be provided in accordance with Schedule VII of § 185-36B(7) of this chapter, and § 185-40 of this chapter shall be applicable to the entire site.
(b)
Off-street parking shall not be required for residential uses established pursuant to this subsection in floor area constructed after January 1, 2002, provided that the following supplementary requirements shall apply:
[1]
No more than three dwelling units located in floor area constructed after January 1, 2002, shall be eligible for the off-street parking requirement waiver under Subsection H(6)(b) hereof.
[2]
The dwelling units for which the off-street parking requirement shall be waived pursuant to Subsection H(6)(b) hereof shall have no more than two bedrooms each.
[3]
The dwelling units for which the off-street parking requirements shall be waived pursuant to Subsection H(6)(b) hereof shall be rental units.
[4]
The dwelling units for which the off-street parking requirement shall be waived pursuant to Subsection H(6)(b) hereof shall be designated affordable units and shall be further restricted as follows:
[a]
Such units shall be occupied by households whose annual gross income does not exceed 50% of the Westchester County median income, as defined and periodically updated by the United States Department of Housing and Urban Development, adjusted for household size, and who have at least one occupant who is 62 years of age or older.
[b]
Such units shall have an annual rental cost that does not exceed 30% of the annual gross income of such household.
[5]
The owner of the property on which the dwelling units are located shall file and record in the office of the Clerk of the County of Westchester (Division of Land Records) a declaration ("declaration"), satisfactory to the Village in form and substance, stating that the dwelling units are subject to restrictions on occupancy and rates of rent as set forth in Subsection H(6)(b) hereof, that the declaration may be terminated by a document similarly filed and recorded in the office of the Clerk of the County of Westchester (Division of Land Records) by either the owner or the Village, or either of their successors in interest, at any time on notice to the other, and that the owner will not terminate the declaration unless the dwelling units cease to comply with any of the provisions of Subsection H(6)(b)[4] hereof but shall terminate the declaration if the dwelling units cease to comply with any of those provisions of Subsection H(6)(b)[4] hereof.
[6]
If the provisions of Subsection H(6)(b)[4][a], [b] and [c] hereof are satisfied and a total of no more than three dwelling units are established in the floor area constructed after January 1, 2002, the provisions of § 185-40 of this chapter shall not be applicable to any other floor area in the building that existed on January 1, 2002.
[7]
If the provisions of Subsection H(6)(b)[4][a], [b] and [c] hereof cannot be satisfied, off-street parking for the proposed residential uses established pursuant to this subsection shall be provided in accordance with Schedule VII of § 185-36B(7) of this chapter, and § 185-40 of this chapter shall be applicable to the entire site.
[8]
If a total of more than three dwelling units is established in the floor area constructed after January 1, 2002, off-street parking for the additional dwelling units in excess of three shall be provided in accordance with Schedule VII of § 185-36B(7) of this chapter, and § 185-40 of this chapter shall be applicable to the entire site.
(7)
For residential uses sponsored by a not-for-profit corporation established for the exclusive purpose of developing housing projects for persons of limited income, the following supplementary requirements shall apply:
(a)
Efficiency units shall contain not less than 200 square feet of floor area. One-bedroom units shall contain not less than 300 square feet of floor area. Two-bedroom units shall contain not less than 400 square feet of floor area.
(b)
At the discretion of the project sponsor, the building containing such residential uses may also include activity rooms for the common use of the residents of such building and their guests or for programs sponsored by the Village of Pleasantville for the benefit of Village residents, as well as other rooms used for ancillary purposes in support of such programs. Such rooms may be rented by the project sponsor for such purposes.
(8)
Development incentives. In order to promote an active, pedestrian-friendly mixed-use environment that is consistent with the Village's established downtown scale, the Planning Commission may grant any or all of the following incentives:
(a)
Floor area ratio.
[1]
If ground-level retail stores, restaurants, personal service uses, recreation uses or other similar uses are provided that, in the opinion of the Planning Commission, will encourage an active street environment for pedestrians, the Commission may exempt the gross floor area devoted to such use(s) from the calculation of maximum FAR.
[2]
If the property is adjacent to municipally owned land that the property owner agrees to maintain for public access and/or public open space, the Planning Commission may allow such area to count toward total land area for the purposes of calculating maximum FAR, subject to execution of a maintenance agreement and/or easement to the satisfaction of the Village Attorney.
[3]
The Planning Commission may grant an FAR bonus of up to 15% in exchange for meeting the following design guidelines, to the satisfaction of the Planning Commission:
[a]
Architectural design standards.
[i]
The various elements of any project shall be integrated by cohesive architectural treatment and compatible design. Architectural elements shall be used to provide visual interest, reduce apparent scale of the development and promote integration of the various design elements of the project.
[ii]
Buildings shall be designed in consideration of appearance from all vantage points. Appurtenances on buildings and auxiliary structures, such as mechanical equipment or water towers, parking facilities, or storage buildings, shall receive architectural treatment and screening consistent with that of principal buildings.
[iii]
Parking structures facing a public street or other publicly accessible area should be architecturally integrated into the principal building using techniques such as an exterior clad in brick, architectural metal panels, solar panels, a window-like facade treatment; use of a "green screen;" or "liner" buildings, i.e., buildings located in front of the parking structure that screen the structure from public view.
[iv]
Buildings should have a top-floor cornice feature and first-floor architectural articulation, such as a storefront with a secondary cornice or an architecturally emphasized entrance doorway, to accent the central body of the building (see diagram below). Buildings located on street corners are encouraged to provide an identifying "landmark" architectural feature to accentuate the importance of the corner location (see diagram below). Such feature should not exceed 25% of building footprint. The Planning Commission may waive the building height restriction for such an architectural feature, up to a maximum of eight feet above the overall building height as approved by the Commission.
Design of Building Facades  |
Design of Corner Buildings  |
[v]
Wherever practicable, buildings should employ texture or additional detailing to accentuate the base of buildings and provide human scale (see also Subsection H(8)(a)[3][a][xii] below).
[vi]
Architectural features and windows should be continued on all sides of the building that are clearly visible from a street or publicly accessible area, avoiding any blank walls, except in cases of existing walls or potential common property walls. Larger buildings shall incorporate significant breaks in the facades and rooflines at intervals of no more than 35 feet.
[vii]
Primary individual window proportions shall be greater in height than in width by a factor of 1.6. Window openings shall include visual architectural sills and lintels (headers). Mirrored reflective, or tinted glass, all-glass walls, and exterior roll-down security gates shall not be permitted. Any shutters shall match the size of the window opening, appear functional, and be attached to the window frame.
[viii]
Building elements that provide additional architectural interest, such as balconies, bay windows, open porches and cornices, may encroach up to four feet beyond the front lot line if the bottom of the encroaching building elements is at least 12 feet above grade.
[ix]
Awnings.
[A]
Canvas-type awnings and canopies are encouraged, providing the awning/canopy:
{1} | Occupies at least 75% of a single storefront or facade bay; |
{2} | Does not stretch horizontally for more than two storefronts or facade bays; |
{3} | Does not project out from the storefront or building facade more than to a point that is less than 18 inches from the innermost point of the adjacent curb line; and |
{4} | Bottom of the awning is not less than seven feet or more than eight feet above adjacent ground level. |
[B]
Vinyl awnings are discouraged, unless the applicant can demonstrate to the Planning Commission's satisfaction that the finish and design of such awnings are of high quality, aesthetically pleasing, and meet the intent of the other design guidelines contained in this section (see diagram below).
Design of Awnings  |
[x]
Buildings shall have a front entrance door facing the primary street and connected to the sidewalk. Front entrance doors for commercial buildings and retail storefronts shall be active and provide main access during business hours. Service entrances should be located to the side or rear of the building.
[xi]
Buildings shall have at least 70% glass on the first-floor facades, located between two feet and 10 feet above the sidewalk. Retail and commercial windows on the street level should remain visibly open to the interior of the space inside the building, and not be blocked or covered (e.g., by shelving, promotional signage, or such) from the interior.
[xii]
Finish building materials should be wood, brick, traditional cement-based stucco, stone or fiber-cement siding or other material deemed acceptable by the Planning Commission. As referenced in Subsection H(8)(a)[3][a][v] above, heavier appearing materials (by texture, weight or color) should be placed on the base of the building, with lighter appearing materials (by texture, weight or color) placed on the upper portions of the building. Vinyl; aluminum or sheet metal siding or sheet trim; exposed concrete blocks or concrete walls; plywood or other prefabricated panels; unpainted lumber; synthetic stone, brick or stucco; exterior insulation and finishing system (EIFS), direct-applied finish system (DAFS); and chain-link fencing shall not be permitted.
[b]
Landscaping, screening and buffering.
[i]
All sidewalks, open spaces, parking areas and service areas shall be landscaped and/or paved in a manner that will harmonize with proposed buildings. Materials for paving, walls, fences, curbs, benches, etc., will be attractive, durable, easily maintained and compatible with the exterior materials of adjacent buildings.
[ii]
Sidewalks should, wherever possible, be a minimum width of 10 feet, and ideally a width of 12 feet. The Planning Commission may consider narrower sidewalks based on the specific conditions of the site, the proposed mix of uses and other relevant factors.
[iii]
The Planning Commission may require buffer landscaping, fencing or screening to separate land uses, and to screen utility buildings, refuse collection areas, cooling systems and other similar installations and features.
[iv]
All plants, trees and shrubs shall be installed in accordance with a planting schedule provided by the developer and approved by the Planning Commission. Landscape materials selected shall be appropriate to the growing conditions of the site and climate zone.
[c]
Lighting.
[i]
Streets, drives, walks, parking lots and other outdoor areas shall be properly lighted to promote safety and encourage pedestrian use. All exterior lighting for the project shall be directed downward or otherwise appropriately shielded and designed to minimize excessive light. It shall have an attractive appearance compatible with the overall project design and surrounding character. Lighting type, number and locations shall be subject to Planning Commission review and approval as part of the site plan review.
[ii]
Lighting fixtures shall be a maximum of 15 feet in height, except pole lights in rear parking lots shall be a maximum of 20 feet high. Lighting shall be energy-efficient, have full warm end of spectrum color quality, be dark-sky compliant, and shall avoid any spillage onto neighboring properties.
[d]
Signage.
[i]
All signs shall be planned and designed in accordance with an overall comprehensive signage plan, which shall be subject to Planning Commission review and approval as part of site plan review.
[ii]
All signs shall be of a size and scale as determined appropriate by the Planning Commission to accomplish their intended purpose, and shall be consistent with the applicable provisions of Chapter 148 of the Pleasantville Village Code.
[e]
Vehicular circulation system and traffic access. The rights-of-way and pavement widths for all internal streets, drives, walks or other accessways for vehicles and/or pedestrians shall be determined on the basis of sound current planning and engineering standards, which shall accommodate projected demand but minimize impervious surface to the maximum extent practicable.
(b)
Required land area per residential unit.
[1]
The Planning Commission may reduce the required land area per residential unit to a minimum of 425 square feet per unit, in order to facilitate any FAR incentive listed in Subsection H(8)[1][a] through [c] above.
§ 185-19.1 Central Business Parking CBP Overlay District.
A.
Statement of intent and objectives. In adopting this section, the Village Board of Trustees finds that it is in the long-term interests of the Village of Pleasantville to enact zoning policies that are designed to support the health and vitality of the central business district; to recognize that in the most densely developed portions of such business district the provision of accessory off-street parking is generally infeasible owing to the small size of the lots and/or the amount of building coverage already in existence; and to acknowledge that the need to comply with off-street parking requirements under these circumstances imposes unnecessary and time-consuming procedural requirements on businesses seeking to occupy existing buildings in the central business district. In recognition of these factors, the Village Board of Trustees has determined that the off-street parking requirements for selected uses in portions of the Central Business A-1 District should be waived under certain circumstances as set forth herein.
B.
Central Business Parking Overlay District established. In order to accomplish the objectives set forth herein, the Village Board of Trustees hereby establishes a Central Business Parking Overlay District, the boundaries of which are shown on the Zoning Map as set forth in § 185-5 of this chapter.
C.
Criteria.
[Amended 6-10-2002 by L.L. No. 8-2002]
(1)
Notwithstanding the provisions of § 185-19A(15) of this chapter to the contrary, the off-street parking requirements set forth in Schedule VII of § 185-36 of this chapter shall be waived for street level retail and service business uses located on lots in the Central Business Parking Overlay District.
(2)
The off-street parking requirement waiver provision shall apply for the duration of the use of such premises for street level retail and service business. In the event of a change of occupancy to another use, the provisions of Schedule VII of § 185-36 of this chapter shall apply.
§ 185-20 Central Business A-2 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used, for any of the following purposes and for no other:
(1)
Retail stores and banks, and bakeries, delicatessens and ice cream parlors with a maximum of eight seats for customer use, provided that their hours of operation are no earlier than 6:00 a.m. and no later than 10:00 p.m.
[Amended 5-9-2011 by L.L. No. 5-2011; 6-20-2011 by L.L. No. 7-2011]
(2)
Business, professional and government offices, quick printing establishments, and answering services.
(3)
Personal service stores, such as but not limited to barbershops, beauty parlors, shoe repair shops and tailor shops, but not including tattoo parlors.
(4)
Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public. Except as specified hereinafter, the washing of wearing apparel on the premises is prohibited. Cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent and not more than 10 horsepower in electric motive power are used.
(5)
Printing establishment that produces its product by use of a printing press and has not more than five employees therein at any one time.
(6)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(2)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(3)
Retail sale of food in a ready to consume state from a counter type installation in a restaurant for off-premises consumption, provided that such retail sale of food does not constitute a fast-food restaurant.
(4)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to issuance of special permit in accordance with § 185-56 of this chapter:
(1)
Restaurants.
(2)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
(3)
Residential uses, subject to the following supplementary requirements:
(a)
Except as specifically provided for in Subsection C(3)(e) hereof, residential uses shall be located above the ground level floor of the building in which such uses are located.
(b)
Individual dwelling units may be of the efficiency, studio, one-bedroom or two-bedroom type but shall not contain more than two bedrooms. The Planning Commission shall have the authority to determine which rooms may function as bedrooms for the purpose of determining compliance with this requirement and may include any room other than bathrooms, kitchens, entranceways, foyers and closets under the definition of a bedroom.
(c)
Individual dwelling units in a market-rate development shall contain not less than 500 square feet of floor area on average for all units in the entire building in which they are located. All dwelling units shall otherwise comply with all applicable provisions of the New York State Uniform Fire Prevention and Building Code.
(d)
The portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.
(e)
For residential uses sponsored by a not-for-profit corporation established for the exclusive purpose of developing housing projects for persons of limited income, the following supplementary requirements shall apply:
[1]
At the discretion of the project sponsor, residential uses may be located on any floor of the building in which such uses are located.
[2]
Efficiency units shall contain not less than 200 square feet of floor area. One-bedroom units shall contain not less than 300 square feet of floor area. Two-bedroom units shall contain not less than 400 square feet of floor area.
[3]
At the discretion of the project sponsor, the building containing such residential uses may also include activity rooms for the common use of the residents of such building and their guests or for programs sponsored by the Village of Pleasantville for the benefit of Village residents, as well as other rooms used for ancillary purposes in support of such programs. Such rooms may be rented by the project sponsor for such purposes.
D.
Permitted uses to be carried on in fully enclosed building. Except as otherwise provided, all permitted uses, whether principal, incidental or accessory, including all storage, shall be carried on in fully enclosed buildings. Such provision shall not apply to parking of registered vehicles, outdoor loading or other service activities and those establishments authorized to conduct business as described in Chapter 155, Streets and Sidewalks, Article V, Commercial Use of Sidewalks.
E.
Noxious or offensive uses prohibited. Whether or not listed above as a permitted use, any use which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation or which presents any hazard to public health or safety is prohibited.
§ 185-21 Peripheral Business B District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Retail stores and banks, bakeries, delicatessens and ice cream parlors with a maximum of eight seats for customer use.
(2)
Business, professional and government offices, quick printing establishments, and answering services.
(3)
Personal service stores, such as but not limited to barbershops, beauty parlors, shoe repair shops and tailor shops, but not including tattoo parlors.
(4)
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(4), which listed gasoline filling stations as a permitted principal use, was repealed 10-8-2007 by L.L. No. 7-2007.
(5)
Theaters, assembly halls and taverns.
(6)
Funeral parlors.
(7)
Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public. Except as specified hereinafter, the washing of wearing apparel on the premises is prohibited. Cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent and not more than 10 horsepower in electric motive power are used. Self-service automatic laundry establishments are permitted, provided that each such establishment shall contain not more than a total of 35 washing or drying machines or combination thereof.
(8)
Hospitals for human beings, clubs without restrictions as to general use and commercial activities, public schools and places of worship, including parish houses and religious school buildings.
(9)
Public and commercial off-street parking lots and garages. Such parking lots and garages shall be limited to use by passenger vehicles and commercial vehicles having not more than four wheels.
(10)
Bus, railroad and taxi stations.
(11)
Restaurants.
(12)
Fast-food restaurants are permitted only if the following conditions are satisfied:
(a)
No such establishment may be located, as measured along a straight line connecting the two closest points of each property line or feature, within:
[1]
One thousand feet of any existing fast-food restaurant located either within or outside the boundaries of the Village of Pleasantville.
[2]
Three hundred feet of any church or religious institution located either within or outside the boundaries of the Village of Pleasantville.
[3]
Three hundred feet of any residence district either within or outside the boundaries of the Village of Pleasantville.
[4]
One hundred feet of the intersection of any business street, as defined in Chapter 159, Subdivision of Land, of the Village Code, either within or outside the boundaries of the Village of Pleasantville.
(b)
Parking.
[1]
Parking lots shall be paved and provided with adequate drainage. Parking lots shall provide a strip of land 10 feet in width across the front of the property, which strip is to be landscaped, shrubbed and kept in good condition at all times and enclosed with a stone or concrete curbing, as directed by the Building Inspector, to a height of six inches above the adjacent paved surface.
[2]
Parking lot illumination shall be designed so that it does not interfere with use of neighboring properties.
(c)
Waste receptacles and removal.
[1]
Adequate receptacles shall be provided for the deposit by patrons of waste materials.
[2]
Waste materials which contain food or food particles or which tend to create a public nuisance shall be removed from the premises at least once in every 24 hours, except Sundays and holidays.
[3]
Waste shall be stored in a covered and landscaped disposal area so that the container is not visible from any street upon which the establishment fronts or from abutting property.
[4]
Waste materials deposited upon the premises by patrons of the establishment shall be placed into appropriate waste receptacles.
(d)
Hours of operation (including food preparation, cleanup, and customer service) shall be limited to the period between 5:30 a.m. and 1:00 a.m.
(e)
Suitable screening shall be provided and maintained, as shall be approved or required by the Planning Commission.
(f)
Food shall not be sold or served to a customer through an opening in an exterior wall of a building or structure.
(13)
Printing establishments that produce their product by use of a printing press; bowling alleys.
(14)
The sale of new and used automobiles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building having an area of not less than 1,000 square feet devoted to the sales and service of automobiles.
(b)
Accessory to such building, the sale of new and used automobiles may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or adjacent lot with such building or on another lot within 200 feet of such building, and such adjacent or other lot is in the same ownership or management, and such adjacent or other lot is used for no other purpose.
[2]
Such unenclosed area shall be paved or covered with gravel, shall be suitably drained and shall be maintained in a neat and orderly manner and in good order and condition.
[3]
Signs shall be as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
[4]
All exterior illumination shall be shielded from the view of all surrounding properties and streets, and all such illumination shall be extinguished not later than 9:00 p.m., except as may reasonably be required for the safekeeping of the automobiles parked in the open.
[5]
Suitable landscaping and/or fencing of such unenclosed area as shall be as designated by the Planning Commission, and the grade of such area shall at no point exceed 7%.
[6]
Each automobile placed or parked on such unenclosed area shall, to the extent possible, be parallel to each other and in any case shall be arranged in an orderly fashion.
(c)
As used in this section, the sale of new automobiles shall be deemed to mean only the sale of such automobiles under a recognized franchise granted to the person, firm or corporation conducting such business by an automobile manufacturer, and used automobiles shall be sold only in connection with the sale of new automobiles.
(d)
The Planning Commission may approve, modify or disapprove such plans and may impose such reasonable and appropriate conditions to such approval as the Commission may deem appropriate to accomplish the purposes of this chapter.
(15)
Research laboratories.
(16)
Wholesale business and warehousing use, including the sale or storage of food, fuel and building materials, provided that all storage of liquid fuel shall be in underground tanks and shall not be within 100 feet of any residential district boundary.
[Amended 8-23-2004 by L.L. No. 9-2004]
(17)
(Reserved)[2]
[2]
Editor's Note: Former Subsection A(17), which listed the processing of products for sale on or off the premises as a permitted principal use, was repealed 10-8-2007 by L.L. No. 7-2007.
(18)
Car wash.
(19)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(2)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(3)
Storage facilities as long as the building is fully enclosed.
(4)
Retail sale of food in a ready-to-consume state from a counter-type installation in a restaurant for off-premises consumption, provided that such retail sale of food does not constitute a fast-food restaurant.
(5)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Billiard parlors.
(2)
Motels and hotels.
(3)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
(4)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products, for sale on or off the premises.
[Added 10-8-2007 by L.L. No. 7-2007]
D.
Permitted uses to be carried on in fully enclosed building. Except as otherwise provided, all permitted uses, whether principal, incidental or accessory, including all storage, shall be carried on in fully enclosed buildings. Such provision shall not apply to parking of registered vehicles, outdoor loading or other service activities and those establishments authorized to conduct business as described in Chapter 155, Streets and Sidewalks, Article V, Commercial Use of Sidewalks, of the Village Code.
E.
Noxious or offensive uses prohibited. Whether or not listed above as a permitted use, any use which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation or which presents any hazard to public health or safety is prohibited.
F.
Landscaping, fencing and supplementary design guidelines.
[Amended 10-8-2007 by L.L. No. 7-2007]
(1)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All front yards of properties adjacent to Marble Avenue shall be appropriately landscaped with trees, shrubs and lawn. Along property lines adjacent to Marble Avenue, there shall be planted street trees of such type, spacing and location as shall be approved by the Planning Commission of an initial caliper size of not less than 4 1/2 inches diameter at breast height (DBH). Where lot lines coincide with or are located within residence district boundaries, there shall be planted along such lines evergreen trees of such type and spacing as may be approved by the Planning Commission of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence districts. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purpose. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter.
(2)
All parking areas visible from Marble Avenue or any other street line shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation, as measured from the elevation of the parking area closest to the property line or the highest elevation of the parking area on the subject lot, whichever is higher. Notwithstanding any other provision of this chapter to the contrary, compliance with this subsection shall be required for any existing previously approved nonresidential use within three years after the effective date of this provision.
(3)
All areas used for outdoor storage in connection with the operation of a nonresidential use shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation, as measured from the higher of the elevation of the outdoor storage area closest to the property line or the highest elevation of the outdoor storage area located on the subject lot, so that such storage areas are not visible from Marble Avenue or any other street line. Notwithstanding any other provision of this chapter to the contrary, compliance with this subsection shall be required for any existing previously approved nonresidential use within three years after the effective date of this provision.
(4)
A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(5)
All landscaping shall be properly maintained throughout the life of any use on any lot.
(6)
No chain link fencing shall be permitted in any front yard along Marble Avenue or along any street line that is visible from Marble Avenue. No barbed wire or razor wire fencing shall be permitted in any location.
(7)
The construction of buildings without fenestration along facades facing Marble Avenue, Hobby Street, Hopper Street, Paulding Street or Center Street shall not be permitted. Not less than 25% of the area of a building facade facing a street line along one of the aforementioned streets shall be composed of transparent glass doors and/or windows.
(8)
Buildings with flat roofs shall be prohibited on properties adjacent to Marble Avenue. For purposes of this subsection, a flat roof shall be defined as any roof with a pitch of 4-in-12 or less.
G.
Off-street parking requirements.
[Added 10-8-2007 by L.L. No. 7-2007]
(1)
On properties with frontage on Marble Avenue, parking shall not be permitted in the required front yard or in any portion of the area between the street line and a line drawn along the front facade of the principal building (excluding open porches) located nearest the street line. Only access driveways to such parking areas shall be permitted in a front yard. Except as provided hereinafter, parking shall not be permitted nearer than 10 feet to any property line. On lots containing principal buildings that were in existence on the effective date of this provision, the Planning Commission may permit parking areas to be located five feet from a side or rear property line, provided that the five-foot setback is landscaped to serve as a buffer to the satisfaction of the Planning Commission.
(2)
Surface parking areas shall be permanently improved, suitably screened and landscaped as approved by the Planning Commission.
§ 185-22 Peripheral Business B-1 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Retail stores and banks, and bakeries, delicatessens and ice cream parlors with a maximum of eight seats for customer use.
(2)
Business, professional and government offices, quick printing establishments, and answering services.
(3)
Personal service stores, such as but not limited to barbershops, beauty parlors, shoe repair shops and tailor shops, but not including tattoo parlors.
(4)
Gasoline filling stations in accordance with the following conditions
(a)
No driveway to or from any gasoline filling station shall be established within 200 feet (measured along the street line on that side of the street which such driveway would cross) of the boundary line of any residence district or of any school, church, park, playground, hospital, public library, institution for dependent children or any place of public assembly designed for the simultaneous use of 100 persons or more, regardless of the district where the subject premises is located.
(b)
No gasoline service station building or canopy and no outdoor gasoline or oil pump or automotive service appliance shall be erected within 25 feet of any property line.
(c)
Motor vehicle repair or service shall be permitted only if accessory to a gasoline filling station or a new- and used-automobile sales establishment, but not in connection with or as part of a parking garage.
(d)
Major repair work may be carried on outdoors only where it is impracticable to do such work within a building, but in no case shall any vehicle be stored outdoors for a period exceeding seven days. Gasoline or oil sales, changing of tires and other similar automobile servicing shall not be considered to be major repair work.
(e)
No gasoline filling station and no outdoor gasoline or oil pump or automobile service appliance shall be established on a lot that is within 600 feet of another lot on which there is an existing gasoline filling station or outdoor gasoline pump or oil pump or other automotive service appliance or of another lot for the erection on which such a station, pump or automotive service appliance a building permit has been issued and not revoked.
(f)
All fuel storage at any such filling station shall be stored in underground tanks, and the location, capacity and composition of said tanks shall comply with the New York State Uniform Fire Prevention and Building Code and any amendments thereto.
(g)
Any gasoline filling station equipped with gasoline pumps designed for or advertised as self-service gasoline pumps shall not be operated in such a manner, unless such station has at least one attendant employed by the owner or operator of such filling station on duty during all hours of operation.
(5)
Theaters, assembly halls and taverns.
(6)
Funeral parlors.
(7)
Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public. Except as specified hereinafter, the washing of wearing apparel on the premises is prohibited. Cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent and not more than 10 horsepower in electric motive power are used. Self-service automatic laundry establishments are permitted, provided that each such establishment shall contain not more than a total of 35 washing or drying machines or combination thereof.
(8)
Hospitals for human beings, clubs without restrictions as to general use and commercial activities, public schools and places of worship, including parish houses and religious school buildings.
(9)
Public and commercial off-street parking lots and garages. Such parking lots and garages shall be limited to use by passenger vehicles and commercial vehicles not more than four wheels.
(10)
Bus, railroad and taxi stations.
(11)
Restaurants.
(12)
Fast-food restaurants are permitted only if the following conditions are satisfied:
(a)
No such establishment may be located, as measured along a straight line connecting the two closest points of each property line or feature, within:
[1]
One thousand feet of any existing fast-food restaurant location either within or outside the boundaries of the Village of Pleasantville.
[2]
Three hundred feet of any church or religious institution located either within or outside the boundaries of the Village of Pleasantville.
[3]
Three hundred feet of any residence district either within or outside the boundaries of the Village of Pleasantville.
[4]
One hundred feet of the intersection of any business street, as defined in Chapter 159, Subdivision of Land, of the Village Code, either within or outside the boundaries of the Village of Pleasantville.
(b)
Parking.
[1]
Parking lots shall be paved and provided with adequate drainage. Parking lots shall provide a strip of land 10 feet in width across the front of the property, which strip is to be landscaped, shrubbed and kept in good condition at all times and enclosed with stone or concrete curbing, as directed by the Building Inspector, to a height of six inches above the adjacent paved surface.
[2]
Parking lot illumination shall be designed so that it does not interfere with use of neighboring properties.
(c)
Waste receptacles and removal.
[1]
Adequate receptacles shall be provided for the deposit by patrons of waste materials.
[2]
Waste materials which contain food or food particles or which tend to create a public nuisance shall be removed from the premises at least once every 24 hours, except Sundays and holidays.
[3]
Waste shall be stored in a covered and landscaped disposal area so that the container is not visible from any street upon which the establishment fronts or from abutting property.
[4]
Waste materials deposited upon the premises by patrons of the establishment shall be placed into appropriate waste receptacles.
(d)
Hours of operation (including food preparation, cleanup, and customer services) shall be limited to the period between 5:30 a.m. and 1:00 a.m.
(e)
Suitable screening shall be provided and maintained, as shall be approved or required by the Planning Commission.
(f)
Food shall not be sold or served to a customer through an opening in an exterior wall or a building or structure.
(13)
Printing establishments that produce their product by use of a printing press; bowling alleys.
(14)
The sale of new and used automobiles, provided that:
(a)
Such sales shall be conducted in a fully enclosed building having an area of not less than 1,000 square feet devoted to the sales and service of automobiles.
(b)
Accessory to such building, the sale of new and used automobiles may be carried on in an unenclosed area, provided that:
[1]
Such area is on the same or adjacent lot with such building or on another lot within 200 feet of such building and such adjacent or other lot is in the same ownership or management, and such adjacent or other lot is used for no other purpose.
[2]
Such unenclosed area shall be paved or covered with gravel, shall be suitably drained and shall be maintained in a neat and orderly manner and in good order and condition.
[3]
Signs shall be as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
[4]
All exterior illumination shall be shielded from the view of all surrounding properties and streets, and all such illumination shall be extinguished not later than 9:00 p.m., except as may reasonably be required for the safekeeping of the automobiles parked in the open.
[5]
Suitable landscaping and/or fencing of such unenclosed area as shall be as designated by the Planning Commission, and the grade of such area shall at no point exceed 7%.
[6]
Each automobile placed or parked on such unenclosed area shall, to the extent possible, be parallel to each other and in any case shall be arranged in an orderly fashion.
(c)
As used in this section, the sale of new automobiles shall be deemed to mean only the sale of such automobiles under a recognized franchise granted to the person, firm or corporation conducting such business by an automobile manufacturer, and used automobiles shall be sold only in connection with the sale of new automobiles.
(d)
The Planning Commission may approve, modify or disapprove such plans and may impose such reasonable and appropriate conditions to such approval as the Commission may deem appropriate to accomplish the purpose of this chapter.
(15)
Research laboratories.
(16)
Wholesale business and warehousing use, including the sale or storage of food, fuel and building materials, provided that all storage of liquid fuel shall be in underground tanks and shall not be within 100 feet of any residential district boundary.
[Amended 8-23-2004 by L.L. No. 9-2004]
(17)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products, for sale on or off the premises.
(18)
Car wash.
(19)
Adult entertainment uses, as permitted and regulated in Chapter 76, Cabarets and Adult Entertainment, of the Village Code, and further subject to compliance with §§ 185-36 and 185-50 of this chapter.
(20)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(2)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(3)
Storage facilities, as long as the building is fully enclosed.
(4)
Retail sale of food in a ready-to-consume state from a counter-type installation in a restaurant for off-premises consumption, provided that such retail sale of food does not constitute a fast-food restaurant.
(5)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to the issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Billiard parlors.
(2)
Motels and hotels.
(3)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
(4)
Residential uses sponsored by a not-for-profit corporation established for the exclusive purpose of developing housing projects for persons of limited income, subject to the following supplementary requirements:
(a)
Residential uses may be located on any floor of the building.
(b)
Individual dwelling units may be of the efficiency, studio, one-bedroom or two-bedroom type but shall not contain more than two bedrooms. The Planning Commission shall have the authority to determine which rooms may function as bedrooms for the purpose of determining compliance with this requirement and may include any room other than bathrooms, kitchens, entranceways, foyers and closets under the definition of bedroom.
(c)
Efficiency units shall contain not less than 200 square feet of floor area. One-bedroom units shall contain not less than 300 square feet of floor area. Two-bedroom units shall contain not less than 400 square feet of floor area. All dwelling units shall otherwise comply with the New York State Uniform Fire Prevention and Building Code.
(d)
If residential uses are located in a building with nonresidential uses, the portion of the building used for residential purposes shall have an entrance that does not require access through the portion of the building used for nonresidential purposes, other than by means of a common lobby.
(e)
At the discretion of the project sponsor, the building containing such residential uses may also include activity rooms for the common use of the residents of such building and their guests or for programs sponsored by the Village of Pleasantville for the benefit of Village residents, as well as other rooms used for ancillary purposes in support of such programs. Such rooms may be rented by the project sponsor for such purposes.
D.
Permitted uses to be carried on in fully enclosed building. Except as otherwise provided, all permitted uses, whether principal, incidental or accessory, including all storage, shall be carried on in fully enclosed buildings. Such provision shall not apply to parking of registered vehicles, outdoor loading or other service activities.
E.
Noxious or offensive uses prohibited. Whether or not listed above as a permitted use, any use which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation or which presents any hazard to public health or safety is prohibited.
F.
Landscaping. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Where lot lines coincide with or are located within residence district boundaries, there shall be planted along such lines evergreen trees of such type and spacing as may be approved by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence districts. All landscaping shall be properly maintained throughout the life of any use on any lot. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purpose. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission or as otherwise required in accordance with the provisions of § 185-43 of this chapter. A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission
§ 185-22.1 Peripheral Business B-2 District.
[Added 10-8-2007 by L.L. No. 7-2007]
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Retail stores and banks, and bakeries, delicatessens and ice cream parlors with a maximum of eight seats for customer use.
(2)
Business, professional and government offices, and quick printing establishments.
(3)
Personal service stores, such as but not limited to barbershops, beauty parlors, shoe repair shops and tailor shops, but not including tattoo parlors.
(4)
Outlets and pickup stations for laundries and cleaning establishments dealing directly with the public. Except as specified hereinafter, the washing of wearing apparel on the premises is prohibited. Cleaning of wearing apparel or household effects on the premises is permitted only if noncombustible solvent and not more than 10 horsepower in electric motive power are used.
(5)
Printing establishments that produce their products by use of a printing press and have no more than five employees therein at any one time.
(6)
Restaurants.
(7)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(2)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(3)
Retail sale of food in a ready-to-consume state from a counter-type installation in a restaurant for off-premises consumption, provided that such retail sale of food does not constitute a fast-food restaurant.
(4)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to issuance of a special permit in accordance with § 185-56 of this chapter:
(1)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
D.
Additional requirements. In addition to all other requirements of this chapter, the following shall apply to all uses:
(1)
Landscaping, fencing and supplementary design guidelines.
(a)
The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All front yards shall be appropriately landscaped with trees, shrubs and lawn. Along property lines adjacent to Marble Avenue, there shall be planted street trees of such type, spacing and location as shall be approved by the Planning Commission of an initial caliper size of not less than 4 1/2 inches diameter at breast height (DBH). Along property lines that adjoin adjacent lots, there shall be planted evergreen trees of such type and spacing as shall be approved by the Planning Commission of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of the adjoining properties. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purposes. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter.
(b)
All parking areas visible from Marble Avenue or any other street line shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation, as measured from the elevation of the parking area closest to the property line or the highest elevation of the parking area on the subject lot, whichever is higher. Notwithstanding any other provision of this chapter to the contrary, compliance with this subsection shall be required for any existing previously approved nonresidential use within three years after the effective date of this provision.
(c)
All areas used for outdoor storage in connection with the operation of a nonresidential use shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation, as measured from the higher of the elevation of the outdoor storage area closest to the property line or the highest elevation of the outdoor storage area located on the subject lot, so that such storage areas are not visible from Marble Avenue or any other street line. Notwithstanding any other provision of this chapter to the contrary, compliance with this subsection shall be required for any existing previously approved nonresidential use within three years after the effective date of this provision.
(d)
A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(e)
All landscaping shall be properly maintained throughout the life of any use on any lot.
(f)
No chain link fencing shall be permitted in any front yard or along any street line. No barbed wire or razor wire fencing shall be permitted in any location.
(g)
The construction of buildings without fenestration along facades facing street lines shall not be permitted. Not less than 25% of the area of a building facade facing a street line shall be composed of transparent glass doors and/or windows.
(h)
Buildings with flat roofs shall be prohibited. For purposes of this subsection, a flat roof shall be defined as any roof with a pitch of 4-in-12 or less.
(2)
Ingress and egress. Not more than one point each of vehicular ingress and egress shall be provided for each 200 feet of frontage on each lot. Driveways providing access to no more than six off-street parking spaces shall not exceed 12 feet in width. The maximum width of driveways providing access to more than six off-street parking spaces shall be the minimum necessary to accommodate necessary circulation movements as determined by the Planning Commission based upon consideration of the land use(s) being served, the number of off-street parking spaces and the anticipated traffic operations associated with the site. The design and location of the intersection of each driveway with any public street, including the planting and grading of the immediately adjoining land, location of decorative posts or fences and similar elements, shall be subject to approval by the Planning Commission and, if required by law, also by the County or State Department of Public Works.
(3)
Off-street parking requirements.
(a)
Parking shall not be permitted in the required front yard or in any portion of the area between the street line and a line drawn along the front facade of the principal building (excluding open porches) located nearest the street line. Only access driveways to such parking areas shall be permitted in a front yard. Except as provided hereinafter, parking shall not be permitted nearer than 10 feet to any property line. On lots containing principal buildings that were in existence on the effective date of this provision, the Planning Commission may permit parking areas to be located five feet from a side or rear property line, provided that the five-foot setback is landscaped to serve as a buffer to the satisfaction of the Planning Commission.
(b)
Surface parking areas shall be permanently improved, suitably screened and landscaped as approved by the Planning Commission.
E.
Permitted uses to be carried on in fully enclosed buildings. Except as otherwise provided, all permitted uses, whether principal, incidental or accessory, including all storage, shall be carried on in fully enclosed buildings. Such provision shall not apply to parking of registered vehicles, outdoor loading and those establishments authorized to conduct business as described in Chapter 155, Streets and Sidewalks, Article V, Commercial Use of Sidewalks.
F.
Noxious or offensive uses prohibited. Whether or not listed above as a permitted use, any use that is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas, fumes, glare or radiation or which presents any hazard to public health or safety is prohibited.
§ 185-23 Planned Light Manufacturing M-1 District.
A.
Permitted principal uses. A structure or building may be erected, altered, arranged, designed or used and a lot or premises may be used for any of the following purposes and for no other:
(1)
Business, professional and government offices.
(2)
Manufacturing, assembling, converting, altering, finishing and cleaning, and retail sales incident thereto, provided that the retail area is no greater than 10% of the gross floor area of the business and any other processing and incidental storage of products or materials.
(3)
Research laboratories.
(4)
Wholesale business and warehousing use, including building contractors, and retail sales incident thereto, provided that the retail area is no greater than 10% of the gross floor area of the business.
[Amended 8-23-2004 by L.L. No. 9-2004]
(5)
Building supply yards and lumberyards, plumbing supply houses and retail sales incident thereto; but excluding secondhand lumber- and junkyards, automobile dismantling plants or storage of used parts of automobiles or other machines or vehicles or dismantled or junked automobiles.
(6)
Horticultural nurseries.
(7)
Indoor recreation facilities including but not limited to tennis, swimming, bowling, golf and baseball, but excluding arcades containing a total of more than three coin-operated machines.
(8)
Animal hospital as long as no structure or pen is located within 100 feet of a residence district.
(9)
Restaurants, catering halls and outdoor dining accessory thereto.
[Amended 4-25-2011 by L.L. No. 4-2011]
(10)
Fast-food restaurants are permitted only if the following conditions are satisfied:
(a)
No such establishment may be located, as measured along a straight line connecting the two closest points of each property line or feature within:
[1]
One thousand feet of any existing fast-food restaurant located either within or outside the boundaries of the Village of Pleasantville.
[2]
Three hundred feet of any church or religious institution located either within or outside the boundaries of the Village of Pleasantville.
[3]
Three hundred feet of any residence district either within or outside the boundaries of the Village of Pleasantville.
[4]
One hundred feet of the intersection of any business street, as defined in Chapter 159, Subdivision of Land, of the Village Code, either within or outside the boundaries of the Village of Pleasantville.
(b)
Parking.
[1]
Parking lots shall be paved and provided with adequate drainage. Parking lots shall provide a strip of land 10 feet in width across the front of the property, which strip is to be landscaped, shrubbed and kept in good condition at all times and enclosed with a stone or concrete curbing, as directed by the Building Inspector, to a height of six inches above the adjacent paved surface.
[2]
Parking lot illumination shall be designed so that it does not interfere with use of neighboring properties.
(c)
Waste receptacles and removal.
[1]
Adequate receptacles shall be provided for the deposit by patrons of waste materials.
[2]
Waste materials which contain food or food particles or which tend to create a public nuisance shall be removed from the premises at least once in every 24 hours, except Sundays and holidays.
[3]
Waste shall be stored in a covered and landscaped disposal area so that the container is not visible from any street upon which the establishment fronts or from abutting property.
[4]
Waste materials deposited upon the premises by patrons of the establishment shall be placed into appropriate waste receptacles.
(d)
Hours of operation (including food preparation, cleanup, and customer service) shall be limited to the period between 5:30 a.m. and 1:00 a.m.
(e)
Suitable screening shall be provided and maintained, as shall be approved or required by the Planning Commission.
(f)
Food shall not be sold or served to a customer through an opening in an exterior wall of a building or structure.
(11)
Indoor theaters.
[Added 12-12-2011 by L.L. No. 14-2011]
(12)
For detailed bulk and off-street parking and loading requirements, see Schedule VI and Schedule VII, respectively, of § 185-36 of this chapter.
B.
Accessory uses. Accessory uses shall be limited to the following:
(1)
Off-street parking and loading, provided that the parking of commercial vehicles shall be limited to those vehicles located on the same lot as the permitted principal use to which they are accessory.
(2)
Clinics and cafeterias within fully enclosed buildings and recreational facilities for exclusive use of employees and officers of industrial, business and professional office buildings.
(3)
Signs, as permitted and regulated in Chapter 148, Signs and Outdoor Display Structures, of the Village Code.
(4)
Antennas, as permitted and regulated in Article VIIB of this chapter.
C.
Uses subject to special permit. The following uses are subject to issuance of special permit in accordance with § 185-56.
(1)
Billiard parlors.
(2)
Motels and hotels.
(3)
Wireless telecommunications services facilities, as permitted and regulated in Article VIIA of this chapter.
D.
Noxious or offensive uses prohibited. Whether or not listed above as a permitted use, any use which is noxious or offensive by reason of emission of odor, dust, vibration, noise, smoke, gas fumes, glare or radiation or which presents any hazard to public health or safety is prohibited.
E.
Additional requirements. In addition to any other requirements of this chapter, the following shall apply to all uses within this district:
(1)
Landscaping. The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. Where lot lines coincide with or are located within residence district boundaries, there shall be planted along such lines evergreen trees of such type and spacing as may be approved by the Planning Commission, of an initial height of not less than five feet and adequate ultimately to screen all operations on the lot from the view of properties in the adjoining residence districts. All landscaping shall be properly maintained throughout the life of any use on any lot. At the discretion of the Planning Commission, an alternative type of buffer screening may be approved, provided that, in the judgment of the Planning Commission, it accomplishes the same purpose. Existing walls, trees or landscaping within 20 feet of any street or property line shall not be removed except with the approval of the Planning Commission, or as otherwise required in accordance with the provisions of § 185-43 of this chapter. A landscaping plan prepared by a qualified person shall be submitted as part of the site plan for review by the Planning Commission.
(2)
Ingress and egress. Not more than one point each of vehicular ingress and egress shall be provided for each 200 feet of frontage on each lot. The design and location of the intersection of each driveway with any public street, including the planting and grading of the immediately adjoining land, location of decorative posts or fences and similar elements, shall be subject to approval by the Planning Commission and, if required by law, by the County or State Department of Public Works.
(3)
Off-street parking requirements. Spaces for the parking of passenger automobiles shall be provided in accordance with Schedule VII of § 185-36 of this chapter and shall take place entirely on the lot not nearer than 10 feet to any street or property line. Surface parking areas shall be paved with hard-surface materials such as, but not limited to, asphalt, concrete or modular pavers. All parking areas shall be screened with evergreen plants, berms and/or opaque fencing to a minimum height of three feet at the time of installation and as measured from the elevation of the parking area closest to the property line.
(4)
Distance between buildings. The following minimum distances between buildings located on the same lot shall be observed:
(a)
Between a principal building and a one-story accessory building: 20 feet.
(b)
Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.
(5)
Courts.
(a)
Inner courts. An inner court is permitted if the minimum dimension of such court is equal to not less than 1/2 times the average height of all surrounding walls. The height of a wall surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall; except that in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof. Refer to Appendix I of this chapter for illustration of these requirements.[1]
[1]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(b)
Outer courts. The minimum width of an outer court shall be 20 feet, and the depth thereof shall not exceed its width. Refer to Appendix I of this chapter for illustration of these requirements.[2]
[2]
Editor's Note: Appendix I is included at the end of this chapter, following Schedules I through VII.
(6)
Exceptions to yard requirements as established in Schedule VI of § 185-36 of this chapter.
(a)
Except where a side or rear yard abuts a one-family residence district boundary, garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of any wall thereof which faces a side lot line or rear lot line is not in excess of six feet six inches above the average level of such lot line.
(b)
The side yard provision may be eliminated or reduced by the Planning Commission along any portion of one lot line where a building erected on an adjoining lot is built to the lot line, provided that in such event the second side yard shall be increased by the amount the other side yard is reduced.
