[Added 4-11-1996 by L.L. No. 7-1996]
Pursuant to the Town of Somers Comprehensive Master Plan, it is the purpose of the CS District to provide the opportunity for creation of an economically healthy, functionally efficient, environmentally sound and visually attractive community business area to replace the existing community shopping center in Baldwin Place, as well as to provide alternative housing opportunities for small households.
In a CS District, no building, structure or premises, in whole or in part, shall be used and no building or structure, in whole or in part, shall be erected, enlarged, structurally altered or moved except for the following purposes or as herein elsewhere specifically provided, together with its permitted accessory uses as specified in § 170-21.3:
A. 
Retail stores.
B. 
Personal service establishments.
C. 
Restaurants and fast-food establishments, excluding drive-in or curbside service.
D. 
Banks.
E. 
Residential apartments over stores.
F. 
Any other nonresidential use as permitted and regulated in a Residence R40 District.
No accessory uses shall be permitted in a CS District other than the following:
A. 
Off-street parking and loading spaces as required in Article X.
B. 
Signs, in accordance with the provisions and procedures of Chapter 6 and as depicted on an approved site plan and subject to the limitations in § 170-26.
[Amended 7-10-2008 by L.L. No. 6-2008]
C. 
Exterior lighting as necessary for safety and security purposes.
D. 
Any other use clearly and customarily incidental and accessory to a permitted principal use and conducted in conjunction with such use.
[Amended 7-10-2008 by L.L. No. 6-2008]
All uses, except for sign applications not part of a larger site plan amendment or modification, shall be subject to site plan approval by the Planning Board as provided in § 170-114. Where the requirements contained in Chapter 144 (Site Plan Review) conflict with the dimensional standards and requirements contained in this article, the standards set forth herein shall apply.
The following dimensional standards and requirements shall apply with respect to permitted principal and accessory uses in CS Districts:
A. 
The maximum building coverage for principal buildings shall be 18%.
B. 
The maximum building coverage for accessory buildings shall be 1%.
C. 
The maximum floor area ratio (FAR) for all uses shall be 0.20, but not to exceed 0.18 for nonresidential uses.
D. 
The maximum site coverage (buildings, access roads and parking, but excluding walkways) shall be 70%.
E. 
The maximum building height for principal buildings shall be two stories and 30 feet and for accessory buildings it shall be one story and 15 feet.
F. 
The Planning Board may permit architectural features to exceed the preceding height limitations, provided that said Board determines that such features will help to achieve the objectives of the design guidelines, as set forth in § 170-21.6 hereof.
G. 
The minimum front yard shall be 40 feet, all of which area shall be landscaped and/or maintained in its natural state, as determined by the Planning Board, except for necessary access drives and walkways. The front yard shall be measured from the existing or planned future right-of-way of the abutting street or highway, whichever is more restrictive.
H. 
Where abutting a nonresidential district, the minimum side yard shall be zero feet if adjacent property owners agree to provide a common wall and build to their common property line and shall be 25 feet if they do not so agree.
I. 
Where abutting a residence district, the minimum side yard shall be 40 feet, all of which shall be maintained as a landscaped buffer.
J. 
The minimum rear yard shall be 25 feet but shall be 60 feet where abutting a residence district, 40 feet of which shall be maintained as a landscaped buffer.
K. 
With respect to residential apartments, only efficiency (studio), one-bedroom and two-bedroom dwelling units shall be permitted.
L. 
Off-street parking and loading facilities, including landscaping, shall be provided as per Article X. All parking areas shall be divided into smaller parking courts, separated by raised, landscaped planting islands, building blocks or other architectural or landscape architectural features. The integration of pedestrian, vehicular and utility access between neighboring properties, as appropriate, shall be required by the Planning Board as a condition of site plan approval.
M. 
The minimum distance between adjacent buildings shall be equal to 1/2 of the height of the higher building, but in no case less than 10 feet, except that where the New York State Uniform Fire Prevention and Building Code is more restrictive, said Code shall apply.
It is the objective of these guidelines to establish a general design framework for creating and/or preserving the desired architectural character and scale of buildings in the Community Shopping District; to help assure that the area will be visually attractive and will blend landscaped open space and structures in a manner which relates harmoniously to the existing and/or planned character of the Town of Somers; and to create visual interest and variety in the treatment of architectural surfaces. The following guidelines are provided:
A. 
Overall site design shall be appropriately related to other surrounding development and topographical conditions.
B. 
Building and site design shall be planned to enhance the pedestrian experience. Walkways shall be modulated with planters and/or special architectural treatments and shall provide weather protection, where appropriate, through the use of awnings, canopies or covered arcades set behind the building facade.
C. 
Sites shall be designed with carefully planned arrangements of building blocks so as to create a village-like character and to divide paved parking areas into smaller parking courts, framed by buildings and landscaping.
D. 
Two-story structures, which are designed to encourage a diverse yet harmoniously blended combination of residential and nonresidential uses, are encouraged.
E. 
Site design shall seek to create an attractive visual link to neighboring public highways and, where appropriate, to create a sense of entrance to the community.
F. 
Buildings shall be harmonious in terms of the following exterior design elements:
(1) 
The nature and use of surface materials.
(2) 
The height of cornices, lintel and sill levels, articulated floor levels and other horizontal building features.
(3) 
The spacing and proportion of columns, piers and other elements of the basic structural grid.
(4) 
The spacing and proportion of window and door openings, bays or other aspects of building fenestration.
(5) 
Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.
(6) 
Treatment, screening and/or enclosure of all utility and mechanical installations.
G. 
Building facades shall present a varied appearance at street level and be designed to give individual identity to each store or building unit as well as to help achieve the planned pedestrian scale.
H. 
Blank wall exposure shall be limited in order to encourage window shopping and promote pedestrian interest.
I. 
The design of building facades shall reflect the scale of existing or planned building development through modulation of vertical and horizontal elements by features such as:
(1) 
Variation in roof heights.
(2) 
Changes in the predominant wall plane and/or in facade elements such as window openings and balconies.
(3) 
Use of horizontal projections or recesses in the building facade such as bay windows, cornices, balustrades, etc.
(4) 
Use of pitched roofs and other roof elements such as cross gables, dormer windows and turrets to provide visual interest, reduce the scale of continuous roofs and break the line where the building meets the sky.
J. 
Treatment of the sides and rear of proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage.
K. 
The use of covered outdoor spaces such as loggias, arcades and colonnades shall be encouraged in order to provide weather protection and transition between indoors and outdoors and to add visual interest, shadow and depth to building elevations.
L. 
A coordinated landscape plan shall be prepared incorporating the landscape treatment of open spaces, walkways, access roads and parking areas into a cohesive and integrated design. Attractively landscaped open spaces and plazas, designed as gathering places and intended for maximum usability by pedestrians, shall be provided in appropriate locations. All open spaces, pedestrian walkways, parking areas and access drives shall be planned as an integral part of an overall site design, properly related to existing and proposed buildings.
M. 
The coordinated landscape plan shall include a mix of shade trees and other plant material, including ground cover and shrubs, with proper regard to factors such as microclimate, function of area, existing plantings and required maintenance in determining the species, scale and planting pattern.
N. 
Walkways and other surface areas of paving material shall offer variety of pigments and textures which are in harmony with nearby buildings and other paved surfaces and are safe for pedestrian traffic, including the handicapped.
O. 
Walkways shall be planted with regularly spaced, salt-tolerant shade trees, selected with regard to the scale of the area in which they are located, as well as the height and spacing of exterior lighting, and the need to maintain visibility of storefront displays and signs.
P. 
All landscaping as shown on the approved site plan shall be maintained in a healthy growing condition throughout the duration of the use of uses being served. Any plants not so maintained shall be replaced by the property owner with healthy new plants of comparable size, type and quality at the beginning of the next immediately following growing season.
Q. 
All signage shall be carefully integrated with other site design elements. Signage shall be designed so that it is visible and informative at the pedestrian scale. Street-oriented signs shall be limited to facia bands above the window or on the vertical facia of any canopy or awning. Signs shall not be mounted above the eave line of any structure or be placed in or attached to any window.
R. 
A freestanding project identification sign shall be permitted at each access drive connecting to the external, public road system. Necessary small-scale informational and directional signs shall also be permitted, as required.
S. 
All exterior lighting shall be of adequate illumination for safety and security purposes. It shall be of such type and location and shall have such shading as will prevent the source of light from being visible from any adjoining streets and properties and shall prevent glare from spilling onto other properties or streets. Lighting shall be limited in its hours of operation, as determined appropriate by the Planning Board, and shall be coordinated with building design and landscape plans. The height of lighting fixtures shall be limited so as to be consistent with the planned pedestrian scale of development.