Pound Ridge City Zoning Code
ARTICLE VII
Business District Regulations
§ 113-44 Applicability.
The following regulations apply to the business "districts" established under this chapter.
§ 113-45 Schedules of "use" and bulk regulations.
For convenience in administration and for the better understanding of this chapter and in order to assure that all development is appropriately located on individual "lots" so as to achieve the purposes established in Article I of this chapter, the permitted "uses" and bulk requirements for the Planned Business "Districts" have been incorporated into the accompanying schedules entitled "Schedule of Use Regulations, Nonresidential `Districts,' § 113-41" and "Schedule of Bulk Regulations, § 113-37," are referred to herein as "Use Schedule" and "Bulk Schedule," respectively, and are deemed to be part of this article.[1]
[1]
Editor's Note: Said Schedule of Use Regulations, Nonresidential Districts, and Schedule of Bulk Regulations are located at the end of this chapter.
§ 113-46 Planned Business A (PB-A) "District."
A.
Statement of intent. The Planned Business A "District" is established for the convenience of persons residing in a major residential area of the Town and is intended to be limited primarily to businesses serving the ordinary shopping needs of the residents. "Uses" in this "district" may include a coordinated group of stores designed as a unit. In order to achieve a practicable balance between the existing and future business and commercial facilities and the off-"street" parking to serve these facilities, "building" areas and "parking areas" are established in this "district." These areas are delineated on the supplemented Zoning Map of the Town of Pound Ridge.[1] The "uses" permitted in these areas shall be regulated as prescribed herein. Site plan approval by the Planning Board, and conformance to the approved site plan, are mandatory requirements of this "district."
[1]
Editor's Note: Said map is included in the pocket at the end of this volume.
B.
"Use" of "building" areas. In a "building" area of a PB-A "District," no "building" or "premises" shall be used and no "building" or group of "buildings," or part of any "building" or "structure," shall be erected, constructed, enlarged, "altered," arranged, used or designed to be used, in whole or in part, except for one or more of the "uses" set forth in the Use Schedule. Only those "uses" specifically listed shall be permitted. Such "structure" or "use" must be located within the "building" area designated for the affected property, as provided in this section, except that the Planning Board may, in its discretion, permit covered walks or canopies to extend or project outside the "building" area where such walk, passageway or canopy is designed and intended to protect shoppers and pedestrians from inclement weather. Such covered walks may be attached to a "building" by the "use" of roof overhanging or cantilever construction or may be supported by columns outside the "building" area, but the covered area, regardless of design, shall not interfere with the movement and circulation of vehicles in the "parking areas" or access drives and shall not decrease the number of "parking spaces" in the parking "district"; and the curbs, columns (if any), grade, paving and lighting of the covered area must be designed to afford safe "use" of the "parking areas" and access drives by vehicles and pedestrians. No part of any such overhang, passageway or canopy shall be used for the sale or display of merchandise or for the storage of goods or refuse material, and any such permitted covered walk shall be maintained, repaired, lighted and kept clean by the owner of the "structure" or "structures" served by such walk. Where permitted by the Planning Board as herein provided, such walks or canopies shall be included and shown on plans submitted for "building" permits and shall be deemed to be in conformance with the provisions of Subsections C and D of this section.
C.
Permitted "uses" in "parking areas." No "building" or "structure" shall be erected or "altered" within a "parking area," and no "use" shall be permitted other than the ground-level parking, loading, unloading and movement of automobiles and other vehicles, as accessory to the permitted "uses" and "buildings" in the adjoining "building" areas. The "parking areas" are intended for transient parking of private motor vehicles of persons employed at, residing within or doing business within the PB-A "District." The storage of vehicles, or the parking of vehicles for sale, lease, rent or hire, or the servicing or dismantling of vehicles shall be expressly prohibited within the designated "parking areas."
(1)
Exceptions.
(a)
"Structures" or "uses" operated by or on behalf of the public parking "district" having jurisdiction over the improved "parking areas" shall be permitted as a permitted "use" in a "parking area" as, for example, "structures" for the storage of "parking area" maintenance equipment and materials.
(b)
In addition, temporary or seasonal "uses," the duration of which shall not be longer than one year, which are accessory to principal "uses" that are permitted and exist within mapped "building" areas may be permitted within appropriate portions of the mapped "parking areas," subject to the issuance of a special permit by the Town Board in accordance with the standards and procedures as set forth in Article VIII hereof and provided that said Board determines, in addition to the required determinations of Article VIII, that such "use" is appropriate and compatible with the proper functioning and appearance of the PB-A "District," that it will be consistent with the purposes and intent of that "district" and that it will not interfere with the safe and convenient movement, parking, loading and unloading of vehicles, the circulation of pedestrians and ease of access to "buildings" in case of emergency.
(2)
Temporary "buildings." The Zoning Board of Appeals may grant a variance permitting the erection of a temporary "building" in any "parking area" established in accordance with this section if such "parking area" has not been improved for public parking. Such variance shall limit the "use" of such temporary "building" to a period of no more than one year and shall further specify that the "building" must be removed upon written notification to the owner by the agency having authority to improve such parking facilities that such improvement is about to be made. At least 30 days' notice must be given to the owner of such temporary "building," but the Board of Appeals may require, as a condition of granting a "building" permit for such temporary "building," that the owner file a performance bond satisfactory to the Town Board as to form, sufficiency and manner of execution, to cover the full cost of removing such "building" and restoring the site to its original condition. Such temporary variances may be renewed for additional one-year periods, provided that application is made to the Board of Appeals prior to the expiration date of the current authorization. All such temporary "buildings" shall be subject to all other provisions of this section and this chapter, including site plan review by the Planning Board.
D.
Required open spaces. The areas to be provided as front, side and "rear yards" on each property have been shown on the Zoning Map[2] as lying outside the "building" area. No setbacks from the limits of the "building" areas are required, with the following exception. If, within any one "building" area, two separate "buildings" are constructed, the minimum distance between "buildings" shall not be less than six feet or 1/2 the "height" of the taller "building," whichever distance is the greater.
[2]
Editor's Note: Said map is included in the pocket at the end of this volume.
E.
Off-"street" parking and loading.
(1)
Parking requirements deemed served. In the PB-A "District," the individual requirements to provide off-"street" "parking spaces" for any existing or proposed "buildings" or "structures" shall be deemed to have been satisfied, and no additional "parking spaces" shall be required for the issuance of a "building" permit for any "use" permitted under Subsection B or in the Use Schedule,[3] provided that the designated "parking area" portion of such property has been suitably improved for such purposes and made available for public "use" through participation in the parking "district." Otherwise, off-"street" parking and loading shall be required to comply with the standards of Article X and shall be subject to site plan approval by the Planning Board. However, in order to fulfill the requirements of Article VIII regarding special permit "uses," the Town Board shall assure that safe and adequate ingress and egress are provided for any proposed special permit "use." The Town Board may, therefore, require additional parking within the "building" area of a particular "lot" on which a special permit use is proposed to accommodate the needs of such a "use" for parking, loading, access and adequate buffering and screening.
[3]
Editor's Note: The Schedule of Use Regulations, Nonresidential Districts, is located at the end of this chapter.
(2)
Additional parking permitted. The establishment of "parking areas" in accordance with this section shall not be interpreted to prevent the voluntary creation of or continuation of existing parking and loading facilities within the "building" areas hereby established, provided that such facilities are compatible with the design of the parking facilities established in the "parking areas" with respect to traffic and pedestrian safety, do not require separate driveway access and are approved by the Planning Board in accordance with the procedures of Article IX of this chapter. Such parking facilities may be restricted for "use" by the patrons and employees of the "building" or "structure" they are intended to serve and shall be maintained privately. No such private parking facilities shall be permitted in the "front yard" of any "building" or "structure," except in those cases, such as gasoline filling stations, where such "front yard" parking is clearly for the temporary "use" of patrons and is essential to the conduct of principal permitted "use."
(3)
Off-"street" loading. One off-"street" "loading space" shall be provided for the first 4,000 square feet of "building" floor area used for nonresidential purposes, and one additional "loading space" for each additional 10,000 square feet of "building" floor area or major part thereof over 4,000 square feet. Such loading space" shall be so located that, when in "use," it will not interfere with the safe movement of pedestrians and vehicles to, from or within the "parking area."
F.
Site plan approval.
(1)
Before the issuance of any "building" permit or certificate of conformance and certificate of occupancy in a "building" area of a PB-A "District" for the construction of a new "building," for an alteration which increases in any direction or dimension the ground plan or floor area of an existing "building," for any change in the "use" of a "building" or property which results in an increased intensity of "use" as measured by the amount of water usage, sewage generation, traffic generation or off-street parking or loading requirements, as determined by the Planning Board, or for any work upon a "lot" on which a "structure" or part thereof extends into a "parking area," a detailed site plan of the entire "lot" shall be approved by the Town Planning Board in accordance with Article IX.
(2)
Landscaping. Those open spaces on the property which are not required for pedestrian or vehicular access or for off-"street" parking and loading shall be entirely landscaped and permanently maintained with grass and hedges, trees, shrubs or other suitable plantings. The type and location of such planting shall be shown on the site plan and maintained in accordance with the provisions of § 113-24.
(3)
Performance bond for removal of "buildings." In acting on a site plan relating to a property on which a "structure" or part thereof extends into a "parking area" established by this section, the Planning Board may require, as a condition to the issuance of a "building" permit, the posting of a performance bond in an amount sufficient to ensure the removal of the nonconforming "building" or nonconforming part thereof. Such bond shall be posted with the Town Board, which shall approve the form, sufficiency and manner of execution of such bond.
G.
Underground entrance of service wires. All power, telephone or other utility or communication service wires shall be placed underground within the boundaries of any "lot" in the PB-A "District."
§ 113-47 Planned Business B (PB-B) "District."
A.
Statement of intent. The Planned Business B "District" is established for the convenience of persons residing in a major residential area of the Town and is intended to be limited primarily to businesses serving the ordinary shopping needs of the residents, as more specifically set forth in the Use Schedule.[1] The nature and intensity of all new development in this "district" is to be limited to a scale and character consistent with that of the balance of the community.
[1]
Editor's Note: The Schedule of Use Regulations, Nonresidential Districts, is located at the end of this chapter.
B.
Required open spaces. "Building" locations shall comply with at least the following minimum conditions, except that where, in the judgment of the Planning Board, greater setback distances are necessary or appropriate for the orderly and harmonious development of the PB-B "District" and adjoining area, such greater requirements shall be complied with.
C.
Minimum distance between "buildings" shall be at least 1/2 the average "height" of the "buildings" as measured at the point of closest proximity, but in no case less than 10 feet.
D.
Landscaping and buffer areas. In addition to the following specific landscaping and buffer requirements, all portions of the site not covered by "buildings," driveways, walks, "parking areas" or other permanent site improvements shall be appropriately planted so that the site development will present an attractive appearance, provide cooling shade, preserve and enhance property values and harmoniously relate to surrounding land "uses" and the low-density residential character of the community. All plantings required by the provisions of this article shall be maintained in accordance with the provisions of § 113-24 of this chapter.
(1)
Buffer area. A landscaped buffer area, planted with dense evergreen plantings of a size, type, "height" and arrangement approved by the Planning Board as adequate for the intended purpose shall be required to screen and protect neighboring residential properties from the view of "buildings," "uses" and "parking areas" on the site. Such buffer area shall be at least 15 feet in width along any "lot line" or portion thereof abutting or directly "across the "street" from a "lot" in a residential "district." Non-evergreen planting may be included to seasonally supplement evergreen planting but not to take its place. A "wall" or "fence," of location, "height," design and materials approved by the Planning Board as providing equivalent screen protection, may be substituted for part or all of the required planting. Where existing landscaping or other natural features or large setbacks from property boundaries or combinations of these or other special factors provide effective screening, as determined by the Planning Board, the buffer area requirement may be waived or modified.
(2)
Internal landscaping within "parking areas." In all off-"street" "parking areas" containing 25 or more "parking spaces," at least 10% of the total area within the perimeter of the parking facility shall be curbed and landscaped with trees, shrubs and other plant material, and there shall be at least one tree with a minimum caliper of three inches at a "height" of four feet above ground level for each 10 "parking spaces." Such trees and landscaped parking islands shall be arranged and designed in such a way as to provide vertical definition to major traffic circulation aisles, particularly where entrances and exits exist, and shall be of such type and location as will provide the maximum of shade without interfering with "sight lines" or impeding the safe flow of traffic. The type and location of all such landscaping shall be subject to Planning Board approval. Parked vehicles shall be permitted to overhang landscaped islands within "parking areas," provided that such overhang allowance does not exceed two feet, does not interfere with any pedestrian walkway and will not result in damage to trees or other landscaping material. The overhang area may be counted as part of the depth of the "parking space."
(3)
"Street" trees. Where it is determined by the Planning Board that the lack of existing trees along property lines bordering "streets" requires the addition of such trees to conform to the Town's planned improvement program or where existing "street" trees need supplementation or replacement, such trees, each of which shall be at least four inches in caliper at a "height" of four feet above ground level, shall be planted by the applicant in an amount and location and of a type as approved by said Board.
E.
Off-"street" parking and loading. Controlled and coordinated traffic access and adequate amounts of off-"street" parking and "loading space" are characteristics of this "district." Parking and loading areas shall comply with all requirements of Article X of this chapter.
F.
Site plan approval. Site plan approval by the Planning Board, in accordance with the procedures and requirements of Article IX hereof, shall be mandatory for any new, expanded or changed "building" development or any new, expanded or changed land or "building" "use" in the PB-B "District" which results in an increased intensity of "use" as measured by the amount of water usage, sewage, traffic generation or off-"street" parking or loading required, as determined by the Planning Board.
G.
"District" boundaries. The area included in the PB-B "District" is shown on the amended and supplemental Zoning Map adopted by the Town Board on June 9, 1966, as amended, which map is incorporated herein and made a part hereof by reference.[2]
[2]
Editor's Note: Said map is included in a pocket at the end of this chapter.
§ 113-48 Planned Business C (PB-C) "District."
A.
Statement of intent. The Planned Business C "District" is established for the same purposes as set forth for the Planned Business B "District," except that, because of the topographic character of the land in this "district," its close relationship to neighboring residential areas and its physical separation from the center of the Scotts Corners Business Area, a lesser permitted intensity of "use" is determined to be appropriate.
B.
Green spaces.
[Amended 1-12-2006 by L.L. No. 1-2006]
(1)
The areas included within the PB-C "District" which are shown on the Zoning Map as "green space area" shall be reserved as a buffer strip or zone within which no "buildings," "structures," improvements, "parking areas" or other "uses" permitted within the PB-C "District" shall be maintained or erected. Said areas as shown on said map shall be maintained in a natural state, except that the Planning Board of the Town of Pound Ridge shall be authorized, in acting upon site plan approval for any new "structures," or alterations of existing "structures" to require additional landscaping or planting in the aforesaid green space buffer areas, or where use of the property is limited to residential "use," not more than 20% of the green area may be used to meet the area requirements for a subsurface septic system.
(2)
The green space areas shall at all times be available and remain open for use and continuous passage over the length of said buffer strips by the inhabitants of the Town of Pound Ridge for pedestrian or horse trails.