In addition to the general purposes of this chapter as set forth in Chapter 267, Article I, the following specific purposes are set forth for residence and nonresidence districts:
A. 
Residence districts.
(1) 
To promote and encourage a suitable environment for family life where safe streets, wide yards and quiet neighborhoods are of paramount importance.
(2) 
To avoid, as far as possible, commercial traffic and through traffic of all kinds in residential areas.
(3) 
To encourage a balanced variety of housing types, sizes and densities, consistent with the character of existing neighborhoods and the provision of adequate open space, sunlight and air.
(4) 
For the RMF-6.75 Multifamily Residence District, to provide a medium-density housing environment that promotes the development of one- and two-family dwellings, also, for the conversion of large existing dwellings to multifamily use, and encourages the construction of new multifamily dwellings, not to exceed three units, on sites where adequate on-site parking and open space can be provided.
(5) 
For all RMF Multifamily Residence Districts, to encourage the development of dwelling units suitable for a variety of household sizes at higher densities which will allow for the construction of such housing at a relatively more moderate cost. Such districts are generally intended to be located in convenient proximity to employment, shopping, transportation and community facilities. Adequate on-site parking and open space must be provided.
(6) 
For the H Hospital District, to ensure the development and continuation of hospital and medical-related facilities needed to serve the City's health care needs.
B. 
Mixed-use districts.
[Amended 4-30-2021, approved 4-30-2021]
(1) 
For the MX-1 Commercial Corridor District, to promote the development of a wide variety of interrelated and compatible commercial, office, residential, civic, cultural, and entertainment uses in a pedestrian-oriented environment which appropriately conceals density and fosters creative and aesthetically pleasing building design. Development standards will be used to repair, stabilize, and revitalize the area's urban fabric which will position the area for concentrated investment, minimize auto-dependency, enhance pedestrian movement, and establish a vibrant streetscape.
(2) 
For the MVW Mount Vernon West Transit Oriented Form-Based District, to provide a diverse array of uses in a compatible manner, with higher densities oriented around the Mount Vernon West train station while employing form-based zoning techniques, to repair, stabilize and revitalize the area's urban fabric which will position the area for concentrated investment, minimize auto-dependency, enhance pedestrian movement, and establish a vibrant streetscape.
C. 
Nonresidence districts.
(1) 
For the NB Neighborhood Business District, to serve the retail and service convenience shopping needs of residential areas and to provide the opportunity for the continuation of pedestrian-oriented retail and service business uses in the City's residential neighborhoods.
(2) 
For the OB Office Business District, to provide a medium-density office district which is intended to encourage the development of modern office buildings within the downtown area of the City.
(3) 
For the DB Downtown Business District, to allow the future growth and orderly development of the major downtown area in the City with a wide variety of retail, office and service business uses.
(4) 
For the CB Commercial Business Districts, to provide a wide variety of retail, office and service business uses in character and scale with existing and planned future development along some of the major arterial commercial streets of the City.
(5) 
For the LI Landscaped Industrial District, to promote a combination of manufacturing, warehousing, wholesale storage and other industrial type uses in areas with good highway access and which have already developed an industrial character.
(6) 
For the I Industry District, to provide appropriate location and development standards for more intensive types of industrial development.
D. 
Special zoning districts.
(1) 
For the R1-TH Townhouse Residence District, to promote the development of one-family attached or detached dwellings on sites where topographic features, landscape resources, locational characteristics and acreage suggest clustering of buildings as the most appropriate building type.
(2) 
For the RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zoning District, to provide housing opportunities for senior citizens in locations convenient to shopping, transportation and community facilities which comprise of superior functional design, quality of construction, appearance and operational standards.
(3) 
For the Urban Renewal Planned Development, to encourage a predominately residential mixed use planned unit development of a large tract of land in such manner as to permit a variety of compatible land uses, encourage flexibility of design and development, to expand the city's tax base and to otherwise promote development in connection with the stated goals and objectives of the City.
(4) 
For the PUD-2 Planned Unit Development, to encourage flexibility of design and development of land in such a manner as to minimize negative environmental impacts, provide for excellence in architectural design of buildings, maximize fiscal benefits for the City and otherwise promote the most environmentally desirable form of future development.
(5) 
For the PAP-Planned Adjacent Park Zoning District within a park setting, to enable and encourage flexibility of design and development of land in such a manner as to preserve the natural and scenic qualities of adjacent park lands.
[Added 11-10-2021,[1] approved 11-11-2021]
[1]
Editor's Note: This ordinance also redesignated former Subsection D(5) as Subsection D(6).
(6) 
For the UR-PUD-S4 South Fourth Avenue-East Third Street Urban Renewal Planned Unit Development Overlay Zone, to preserve the special character of architecturally and culturally significant structures while fostering the development of high-rise mixed use structures within the South Fourth Avenue-East Third Street Urban Renewal Area.
The accompanying list of use regulations (Chapter 267, Article V) and Schedule of Dimensional Regulations[1] list and define the permitted uses of land, buildings and structures, and the minimum and maximum dimensional requirements to be met in connection with such uses. All permitted uses are set forth in the list of use regulations by district. Any use not specifically listed as being permitted shall be deemed to be prohibited. Only in multifamily and nonresidence districts is more than one permitted principal use allowed on a single lot.
[1]
Editor's Note: The Schedule of Dimensional Regulations is included at the end of this chapter.
A. 
District R1-7 One-Family Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings.
(b) 
Public schools.
(c) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(f) 
Minor accessory structures.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(c) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(d) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(e) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(f) 
Public utility uses as regulated by Chapter 267, Article VI.
(g) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
B. 
District R1-4.5 One-Family Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings.
(b) 
Public schools.
(c) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(f) 
Minor accessory structures.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Universities, colleges and private schools as regulated by Chapter 267 Article VI.
(c) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(d) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(e) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(f) 
Public utility uses as regulated by Chapter 267, Article VI.
(g) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
C. 
District R1-3.6 One-Family Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings.
(b) 
Public schools.
(c) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(f) 
Minor accessory structures.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(c) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(d) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(e) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(f) 
Public utility uses as regulated by Chapter 267, Article VI.
(g) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
D. 
District R2-4.5 Two-Family Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings as regulated in the R1-4.5 Residence District.
(b) 
Attached dwelling units.
(c) 
Two-family dwellings.
(d) 
Public schools.
(e) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(f) 
Minor accessory structures.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(e) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(f) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(g) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(h) 
Public utility uses as regulated by Chapter 267, Article VI.
(i) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
E. 
District RMF-6.75 Multifamily Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings as regulated in the R1-4.5 Residence District.
(b) 
Attached dwelling units and two-family dwellings as regulated in the R2-4.5 District.
(c) 
Multifamily dwellings, not to exceed three units per building.
(d) 
Public schools.
(e) 
Community purpose buildings.
(f) 
Municipal uses of the City of Mount Vernon.
(g) 
Townhomes, as regulated under § 267-18B (Article V, Section 3(B)).
[Added 5-12-2021, approved 5-13-2021]
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article IV.
(f) 
Minor accessory structures.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(e) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(f) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(g) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(h) 
Public utility uses as regulated by Chapter 267, Article VI.
(i) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
F. 
District RMF-10 Multifamily Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings as regulated in the R1-4.5 Residence District.
(b) 
Attached dwelling units and two-family dwellings as regulated in the R2-4.5 District.
(c) 
Multifamily dwellings containing no more than three units per building as regulated in the R-6.75 Residence District.
(d) 
Multifamily dwellings.
(e) 
Public schools.
(f) 
Community purpose buildings.
(g) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(e) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(f) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(g) 
Off-street parking facilities. (See Article VIII.)
(h) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(i) 
Public utility uses as regulated by Chapter 267, Article VI.
(j) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
G. 
District RMF-15 Multifamily Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings as regulated in the R1-4.5 Residence District.
(b) 
Attached dwelling units and two-family dwellings as regulated in the R2- 4.5 Residence District.
(c) 
Multifamily dwellings containing no more than three units per building as regulated in the R-6.75 Residence District.
(d) 
Multifamily dwellings.
(e) 
Public schools.
(f) 
Community purpose buildings.
(g) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article IV.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(e) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(f) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(g) 
Radio towers for licensed amateur radio stations as regulated by Chapter 267, Article VI.
(h) 
Off-street parking facilities. (See Article VIII.)
(i) 
Public utility uses as regulated by Chapter 267, Article VI.
(j) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
H. 
District H Hospital.
(1) 
Permitted principal uses.
(a) 
Hospital and related facilities, including nursing schools and housing for staff members, nurses and interns, resident physicians, researchers, employees, faculty members, students and their immediate families; sanitariums for noncontagious diseases; private proprietary nursing homes; and private proprietary convalescent homes.
(b) 
Medical and dental offices.
(c) 
Medical-care facilities.
(d) 
Medical laboratories.
(e) 
One-family dwellings as regulated in the R1-4.5 Residence District.
(f) 
Attached dwelling units, two-family dwellings and multifamily dwellings as permitted and regulated in the RMF-10 Residence District.
(g) 
Public schools.
(h) 
Community purpose buildings.
(i) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(e) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(f) 
Off-street parking facilities. (See Article VIII.)
(g) 
Public utility uses as regulated by Chapter 267, Article VI.
(h) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
A. 
Office in residence of a professional person and customary home occupations. In districts where permitted, one office of a professional person or a customary home occupation may be established in a dwelling unit subject to the following:
(1) 
Any such use must be located entirely within the dwelling unit of its practitioner and not elsewhere on the lot or in any accessory building or structure.
(2) 
No signs shall be permitted for a customary home occupation. For the office of a professional person, one sign meeting the requirements of Chapter 267, Article XIII, Sign Ordinance, shall be permitted.
(3) 
The individual involved in such use must be domiciled in the dwelling unit.
(4) 
One nonresident partner, associate or employee shall be permitted to work on the premises, provided that site plan approval in accordance with Article VII of this chapter has been obtained or, in the case of an existing structure, such use has been registered with the Building Department.
(5) 
No more than 25% of the floor area of one story of the dwelling unit or 500 square feet, whichever is less, shall be used for such purposes.
(6) 
There may be only one patient, client, customer or any other kind of visitor being served at any one time.
B. 
Townhouse developments in the R-6.75 Zoning District.
[Added 5-12-2021, approved 5-13-2021]
(1) 
A townhouse shall comply with the definition for an attached dwelling unit as set forth in § 267-4.
(2) 
A townhouse development may consist of one or more principal buildings.
(3) 
Principal buildings shall be separated by a minimum of 18 feet.
(4) 
Lot area equals 10,000 square feet.
(5) 
Lot area per dwelling unit equals 1,600 square feet.
(6) 
Building coverage equals 50%.
(7) 
Impervious surface coverage equals 80%.
(8) 
Lot width and frontage equals 75 feet.
(9) 
Front yard equals four feet.
(10) 
Side yard (each) equals two (feet five feet if abutting a single-family district).
(11) 
Side yard (combined) equals five feet (12 feet if abutting a single-family district).
(12) 
Rear yard equals 12 feet (20 feet if abutting a single-family district).
(13) 
Usable open space, as defined in § 267-4, per unit equals 500 square feet.
(a) 
Said usable open space shall have a minimum dimension of 15 feet.
(14) 
Building height equals three stories/35 feet.
(15) 
A streetscape improvement plan is required addressing improvements to sidewalks, public utilities, street trees, street furniture, and similar improvements.
A. 
MX-1 Commercial Corridor District.
[Added 4-30-2021, approved 4-30-2021[1]]
(1) 
Purpose. The MX-1 Commercial Corridor District is intended to encourage mixed-use development (a minimum of commercial and/or cultural uses, at street level, and residential uses) that are set close to the sidewalk for a well-defined street wall to activate and support pedestrian activity and the street-level environment and promote the development of a vibrant and pedestrian-oriented commercial corridor. Development standards will be used to repair, stabilize, and revitalize the area's urban fabric which will position the area for concentrated investment, minimize auto-dependency, enhance pedestrian movement, and establish a vibrant streetscape.
(2) 
Boundary. The boundaries of the MX-1 Commercial Corridor District shall be fixed by amendment to the official City Zoning Map as authorized by the City Council. Section, block and lot of all parcels within such district shall be kept on file in the office of the City Clerk.
Address
SBL
0 Third Street East
165.72-4006-09
317 Third Street East
165.72-4006-10
317 Third Street East
165.72-4006-11
303 Third Street East
165.72-4006-12
301 Third Street East
165.72-4006-13
299 Third Street East
165.72-4006-14
287 Third Street East
165.72-4006-15
275 Third Street East
165.72-4006-16
0 Third Street East
165.72-4006-17
271 Third Street East
165.72-4006-18
319 Third Street East
165.72-4006-30
277 Third Street East
165.72-4006-33
0 Third Street East
165.72-4006-34
311 Third Street East
165.72-4006-36
285 Third Street East
165.72-4006-37
138 Columbus Avenue South
165.73-4006-01
397 Third Street East
165.73-4006-02
389 Third Street East
165.73-4006-04
325 Third Street East
165.73-4006-06
323 Third Street East
165.73-4006-07
315 Third Street East
165.73-4006-08
56 Haven Avenue
165.73-4006-22
60 Haven Avenue
165.73-4006-23
64 Haven Avenue
165.73-4006-24
0 Haven Avenue
165.73-4006-25
140 Columbus Avenue South
165.73-4006-39
403 Third Street East
165.73-4032-26
185 Columbus Avenue South
165.73-4032-42
203 Columbus Avenue South
165.73-4033-14
390 Third Street East
165.73-4034-01
388 Third Street East
165.73-4034-44
206 Fulton Avenue South
165.80-3156-10
208 Fulton Avenue South
165.80-3156-12
212 Fulton Avenue South
165.80-3156-13
167 Third Street East
165.80-3159-14
215 Third Street East
165.80-4002-09
0 Third Street East
165.80-4003-12
37 Cooley Place
165.80-4003-13
31 Cooley Place
165.80-4003-14
0 Hartford Avenue
165.80-4005-18
10 Hartford Avenue
165.80-4005-19
265 Third Street East
165.80-4006-19
253 Third Street East
165.80-4006-20
257 Third Street East
165.80-4006-28
269 Third Street East
165.80-4006-29
294 Third Street East
165.80-4034-27
300 Third Street East
165.80-4034-28
304 Third Street East
165.80-4034-29
284 Third Street East
165.80-4035-01
270 Third Street East
165.80-4035-14
282 Third Street East
165.80-4035-15
256 Third Street East
165.80-4036-01
252 Third Street East
165.80-4036-11
242 Third Street East
165.80-4037-01
232 Third Street East
165.80-4037-02
221 Fulton Avenue South
165.80-4037-11
0 Fulton Avenue South
165.80-4037-12
206 Third Street East
165.80-4037-13
212 Third Street East
165.80-4037-15
240 Third Street East
165.80-4037-16
222 Third Street East
165.80-4037-17
316 Third Street East
165.81-4034-30
318 Third Street East
165.81-4034-31
0 Chestnut Place
165.81-4034-40
0 Third Street East
165.81-4034-42
Figure 1
Proposed East Third Street/South Fulton Avenue Rezoning Area
267-Figure1Map.tif
(3) 
List of use regulations.
(a) 
Permitted principal uses.
[1] 
Mixed-use, provided that the ground floor shall consist of one of the permitted or special uses listed below.
[2] 
Municipal uses of the City of Mount Vernon and uses of other governmental agencies as regulated by Article VI, § 267-34.
[3] 
Bakeries, retail.
[4] 
Banks (excluding drive-up window service).
[5] 
Business, professional or governmental offices.
[6] 
Business incubator space.
[7] 
Experiential retail.
[8] 
Health and fitness centers, including ancillary services such as wellness, physical rehabilitation facilities and prevention health education activities.
[9] 
Museums, art galleries, and/or other cultural uses.
[10] 
Business, professional or governmental offices.
[11] 
Office space for physicians, surgeons and dentists.
[12] 
Stores and shops exclusively for sales at retail or the performance of customary personal services.
[13] 
Restaurants.
[14] 
Restaurants, carry-out.
[15] 
Restaurants, fast-food (excluding drive-up window service).
[16] 
Retail laundries or retail dry cleaners.
[17] 
Vocational schools.
[18] 
Community purpose buildings and/or spaces.
[19] 
Youth services.
[20] 
Recreation center.
[21] 
Theaters and/or concert halls.
[22] 
Personal instructional facilities.
[23] 
Churches, mosques, synagogues, or other places of worship.
(b) 
Permitted accessory uses.
[1] 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
[2] 
Office in residence of a professional person and customary home occupations as regulated by Article V, § 267-18.
(c) 
Uses allowed by special permit.
[1] 
Animal hospital.
[2] 
Bars, nightclubs and catering halls.
[3] 
Business and/or trade schools.
[4] 
Day-care centers.
[5] 
Funeral parlors.
[6] 
Hotels or motels.
[7] 
Manufacture and/or assembly of products for retail sale on premises only.
[8] 
Medical and/or dental laboratories.
[9] 
Motor vehicle rental agencies.
[10] 
Nursery schools.
[11] 
Off-street parking facility.
[12] 
Public utility.
[13] 
Universities, colleges and private schools.
[14] 
Wireless telecommunication facilities.
[15] 
Storage facilities.
(d) 
Land uses not listed.
[1] 
In instances where a land use is not listed as a permitted use, accessory use, or the special use and the unlisted use substantially conforms to the purpose of the MX-1 Zoning District and the City's long-range economic strategy, the Commissioner of Planning and Community Development may recommend the use as special use permit to the Planning Board.
[2] 
The Planning Board shall have the authority to issue a special use permit for any unlisted use, provided that:
[a] 
The Commissioner of Planning and Community development recommends the use as a specially permitted use to the Planning Board;
[b] 
The Planning Board approves the Commissioner of Planning and Community Development assessment with regard to the use, while considering the standards set forth in Article VI, § 267-31, of this chapter;
[c] 
The use is classified as a "Type II" action or an "unlisted" action; wherein, a negative declaration is issued pursuant to the State Environmental Quality Review Act ("SEQRA");
[d] 
The applicant shall demonstrate with documentation that the use complies with all findings of the SEQRA generic environmental impact statement adopted for the MX-1 Zoning District, and will not result in any impacts that exceed the thresholds established therein; and
[e] 
The use receives site plan approval.
(4) 
Allowable building types. The MX-1 Commercial Corridor zone permits mixed-use and nonresidential structure(s).
(5) 
Standards. The following standards are hereby established as the minimum or maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate by the Planning Board, based upon consideration of the particular circumstances of the individual application, to satisfy the purposes as set forth in Article V, § 267-21, hereof. All new structure(s), including mixed-use buildings or structures or nonresidential buildings or structure(s), and those with significant facade renovation, replacement and/or rehabilitation - defined as replacement or renovation of 35% or more of the facade within the MX-1 Zoning District - shall abide by this chapter.
(a) 
Lot standards.
267-Lot standards.tif
Lot Standards
Tier 1
Tier 2
Tier 3
A. Lot width (minimum)
90 feet
65 feet
45 feet
B. Lot coverage (maximum)
90%
90%
100%
C. Usable open space
10%
10%
0%
(b) 
Building placement and parking setbacks.
267-Building placement.tif
Building Placement
A.
Primary front setback (minimum/maximum)
2 feet/15 feet
B.
Secondary front setback (minimum/maximum)
2 feet/15 feet
C.
Side setback (minimum)
0 feet
Abutting residence lot line (minimum)
5 feet
D.
Rear setback (minimum)
10 feet
Abutting residence lot line (minimum)
15 feet
Parking Setbacks
E.
Primary front setback (minimum)
Surface parking
30 feet
Structured parking
30 feet
F.
Secondary front setback (minimum)
Surface parking
10 feet
Structured parking
2 feet
(c) 
Height and mass.
267-Height and mass.tif
Tier 1
Tier 2
Tier 3
Main Body
A.
Building width (maximum)
200 feet
200 feet
200 feet
Facade build-out (minimum)
Front street
80%
80%
80%
Side street
65%
65%
65%
B.
Floor plate (max)
30,000 square feet
20,000 square feet
15,000 square feet
C.
Building height, stories (minimum)
3 stories
3 stories
2 stories
D.
Building height, stories (maximum)
6 stories
5 stories
3 stories
Corner height bonus
Intersection of 2 collector streets
Intersection of collector and local street
See Subsection A(8)(a)
See Subsection A(8)(a)
See Subsection A(8)(a)
E.
Ground story height (minimum)
14 feet
14 feet
14 feet
F.
Upper story height (minimum)
10 feet
10 feet
10 feet
Use and Occupancy
Ground story entrance spacing (maximum)
30 feet
30 feet
Commercial space depth (minimum)
30 feet
30 feet
(d) 
Activation.
267-Activation.tif
Lot on a Corner
Facade Composition
A.
Ground story fenestration (minimum)
70%
B.
Upper story fenestration (minimum/maximum)
20%/50%
Blank wall (maximum)
20 feet
Use and Occupancy
Ground story entrance spacing (maximum)
30 feet
Commercial space depth (minimum)
30 feet
(e) 
Hardship provision. When an applicant has demonstrated to the satisfaction of the Planning Board that site constraints or financial hardship directly related to the standards described herein makes compliance to said standards infeasible financially or otherwise, and this hardship has not been created by the applicant, the Planning Board may provide a waiver from said standards, with conditions if necessary, when the Planning Board has determined that said waiver:
[1] 
Substantially secures the objectives of the district as articulated in Article V, § 267-19A(1).
[2] 
Will not injure the public health, safety, or welfare.
[3] 
Will not have an adverse impact on the physical, visual, and spatial character of the surrounding area.
[4] 
Will enhance the physical, visual, and spatial character of the streetscape.
(6) 
Density bonus. An applicant may apply to the Planning Board for one or more density bonuses in exchange for providing amenities to the City.
(a) 
The Planning Board may, at its discretion and subject to the standards and considerations set forth below, grant a density bonus for amenity(ies) offered by developers, for structures in the MX-1 Commercial Corridor District according to the maximums below except that the maximum building height shall not exceed a total of eight stories.
Tier
Maximum Density Bonus
Tier 1
2 stories
Tier 2
3 stories
Tier 3
5 stories
(b) 
A density bonus may be granted in exchange for an applicant providing one or more of the following amenities equaling, at a minimum, approximately 0.5% of the total development cost of the project, with the Planning Board considering the proportionality of the cost of one or more amenities to the density bonus being considered:
[1] 
Provision, renovation, or rehabilitation of a public open space amenity. By contributing a significant provision, renovation, donation and/or rehabilitation of a public open space amenity, which is reasonably accessible and within relatively close proximity to the development's occupants, to include but not limited to a public park and/or other public open space, a density bonus may be granted. The required 10% usable open space/recreation area for Tier 1 and Tier 2 developments, as a percentage of total lot area, or payment in lieu of open space/recreation area as specified below, shall not count towards this amenity.
[2] 
Historic preservation. Preserving a significant portion of a building(s) or structure(s) identified by the Commissioner of Planning and Community Development as having historical, cultural and/or architectural significance, and approved by the Planning Board.
[3] 
Contribution to non-site-related infrastructure improvements. Non-site-related improvements are considered significant improvements that are not directly needed, required or related to the subject site development but may indirectly improve the area. Infrastructure improvements may include, but are not limited to, significant provision, renovations, creation, donation, installation, improvement and/or rehabilitation of sanitary sewer and stormwater infrastructure (above and beyond the required 3-to-1 inflow and infiltration reduction required in this section), traffic calming measures, specialty pavers or utility covers as part of a district branding, repaving of a street(s), intersection upgrades (including streetlights and crosswalks) and bus shelters. The City Department of Public Works shall provide recommendations to the Planning Board.
[4] 
Provision of alternative off-site parking facilities. By contributing to the creation of an off-site parking facility, above and beyond the off-street parking requirements for the proposed development included in this district, a density bonus may be granted that would provide additional parking proportionate to the size and scope of the project. This may include but is not limited to the creation of a public off-street parking garage, dedicating land for the creation of a public off-street parking facility, payment to a dedicated escrow account managed by the City for the provision of parking in the MX-1 District, or the creation of a privately operated parking facility.
[5] 
Financing of planning study or plan. Finance the preparation of a Neighborhood Plan guiding the development of the MX-1 District in a manner that makes it compatible with surrounding land uses and ensures the sufficient provision of necessary infrastructure to support development within the MX-1 District in the scenario of a full build-out of the MX-1 District, while satisfying the economic and development goals of the City. The financing terms of this Neighborhood Plan are to be approved by the Planning Board. The applicant shall deposit the sum required by the Planning Board into an escrow account to be managed by the City for the City to undertake the preparation of the Neighborhood Plan. If an applicant sufficiently finances said Neighborhood Plan, as determined by the Planning Board, this density bonus shall not be available to any subsequent applicant for the next 15 years.
[6] 
Urban renewal agency contribution. Contributing financially to a fund administered by the Mount Vernon Urban Renewal Agency to finance low-interest home repair loans to property owners located in the MX-1 District, with each contribution being associated with a single issuance of a density bonus.
(c) 
Granting the density bonus. In awarding a bonus for the amenities listed above, the Planning Board shall consider the following criteria:
[1] 
The incentives being proposed and the degree to which the proposed amenity is compatible with the goals and objectives for the MX-1 District and the City's long-range planning strategy.
[2] 
Set forth in the public record, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the MX-1 District and the City's long-range planning strategies, how they preserve and enhance the aesthetic, environmental and/or historical qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community.
[3] 
The associated maintenance schedule and ownership of the proposed amenity(ies).
[4] 
The density bonus can be successfully integrated into the overall building/site design without negatively impacting, detracting and/or severely departing from an appropriate height, scale, mass, size, and shape of the proposed structure(s).
[5] 
The density bonus can be successfully integrated into the overall building/site design without negatively impacting, detracting and/or severely departing from an appropriate height, scale, mass and/or size of the surrounding area.
[6] 
Set forth in the public record, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted, and their proportionality shall be demonstrated by the applicant and agreed to by the Planning Board. The cost of the improvements need not equal the value of the benefits granted. The granting or denial of any density bonus shall be solely within the discretion of the Planning Board using the criteria set forth in this section.
[7] 
In the event the Planning Board has denied an exception from the height requirements articulated in Subsection A(5)(e), an application for a zoning variance may be made to the Zoning Board of Appeals to increase the number of stories in excess of the six stories permitted. The Planning Board shall submit a report regarding the application to the Zoning Board of Appeals to assist with its determination within 30 days of said application to the Zoning Board of Appeals being made, and the Zoning Board of Appeals shall consider whether:
[a] 
An undesirable change will be produced in the character of the MX-1 District or surrounding neighborhoods, including to nearby properties, by allowing a structure not compatible with the intensity of the MX-1 District or surrounding neighborhoods.
[b] 
The benefit sought by the applicant can be achieved by some alternative feasible method, including the provision of one of the density bonuses listed herein, in lieu of a variance.
[c] 
The requested variance is substantial in comparison to the heights permitted by right in the MX-1 District, in addition to those heights permitted through density bonuses.
[d] 
The requested variance will have an adverse effect or impact on the physical or environmental conditions in the MX-1 District or surrounding neighborhood, including, but not limited to, the creation of shadows and undue burdens on infrastructure and public services.
[e] 
The alleged difficulty was self-created.
(7) 
Off-street parking space requirements.
(a) 
The total off-street parking required shall be the sum of the requirements for each individual use. A joint use parking agreement, if executed according to the standards set forth below, would allow a reduction in the total requirement for a building or structure.
(b) 
Number of required parking spaces.
[1] 
The minimum number of parking spaces required for the residential component of mixed-use building(s) or structure(s) shall follow:
[a] 
For projects less than 0.70 mile from a Metro North train station as measured from the edge of the development site to the nearest end of the station platform:
[i] 
Studio: 0.75 space per unit.
[ii] 
One-bedroom: 0.95 space per unit.
[iii] 
All other: 1.15 spaces per unit.
[b] 
For projects more than 0.70 mile from a Metro North train station as measured from the edge of the development site to the nearest end of the station platform:
[i] 
Studio: 1.00 space per unit.
[ii] 
One-bedroom: 1.20 spaces per unit.
[iii] 
All other: 1.33 spaces per unit.
[c] 
Calculation of total number of parking spaces shall be rounded to the nearest whole number.
[2] 
The minimum number of parking spaces required for office and commercial/retail space shall be one per every 1,000 square feet of office and commercial/retail space.
[3] 
The minimum number of required parking spaces for all other permitted principal uses and uses allowed by special use permit are as provided in this chapter; except, where not so provided, the parking requirement shall be determined by the Planning Board upon the recommendation of the Commissioner of Planning and Community Development, as part of its site plan review.
[4] 
For mixed-use developments, approval by the Planning Board of shared parking facilities may effectively reduce the total number of required parking spaces by up to a maximum of 25%, subject to the criteria set forth below.
[5] 
Municipal parking spaces displaced by an MX-1 Development shall be replaced at a ratio of 1:1, and shall be provided as public parking spaces located within 1,000 feet of their original location. If physical constraints make conformance with this requirement impossible, then said public parking spaces shall be sited in a location that best serves the parking demands of the MX-1 District as determined by the Planning Board as part of its site plan review.
[a] 
Hardship provision. When an applicant has demonstrated to the satisfaction of the Planning Board that site constraints or financial hardship directly related to the requirement to replace municipal parking spaces described herein is infeasible financially or otherwise, and this hardship has not been created by the applicant, the Planning Board may modify or waive adherence to the interior construction standard as part of its site plan review.
(c) 
Location of required parking spaces.
[1] 
The Planning Board may allow all or part of the required parking to be located: i) on site; ii) in a garage or lot within 1,000 feet "as you walk" of the dwelling units or other permitted uses for which the parking spaces are required, as measured from the primary entrance of the structure containing said use to the closest edge of the garage or lot; or iii) a combination of both i) and ii), the amount of parking spaces provided in each category to be determined by the Planning Board as part of its site plan review.
[2] 
Where the Planning Board approves the location of such parking spaces on a lot different from the lot occupied by the structure or use served, the Planning Board shall require a legal instrument, in form and filing, satisfactory to the Corporation Counsel assuring the continued use of said parking spaces in connection with the uses or structures served.
(d) 
Applicants may propose less than the total required number of parking spaces for all uses if the spaces are provided as part of a shared use-parking facility. Shared use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. A request for shared use of required parking spaces shall be submitted in writing to the Planning Board as part of its site plan review:
[1] 
The names and addresses of the uses and of the owners or tenants who are sharing the parking;
[2] 
The location and number of parking spaces that are being shared;
[3] 
An analysis, prepared by a qualified planning or engineering professional, showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times;
[4] 
A legal instrument, such as but not limited to an easement or deed restriction, that guarantees access to the shared parking for all uses; and
[5] 
Provisions that, in the event of a proposed change in use(s), such change may not take place unless there is sufficient parking to meet the standards for parking for each use or an application shall be submitted to the Planning Board in order to obtain approval for shared parking for the new use(s).
(e) 
Applicants may propose to utilize attendant parking or automated parking facility in order to meet the off-street parking provisions where space for parking is limited. In any case where a reduction of the required area per parking space is permitted on the basis of the applicant's certification that such spaces will be fully attended, it shall be set forth in the certificate of occupancy that paid attendants employed by the owners or operators of such spaces shall be available to handle the parking and moving of automobiles at all times when such spaces are in use.
(f) 
Private parking spaces constructed under the MX-1 District may be open to the public, with the restriction that all tenants of the structures for which the parking is constructed be given first right of refusal.
(g) 
In certain cases, where applicants have difficulties supplying all required off-street parking on-site and have not been able to arrange alternative off-street parking within 1,000 feet of the primary entrance of the structure, applicants may, upon approval by the Planning Board, pay into a fee-in-lieu fund for the parking spaces not provided. In no instance shall the fee in lieu cover more than 10% of the required off-street parking for any structure.
(8) 
Site design standards. Structure(s) within the MX-1 Commercial Corridor District shall be in accordance with the standards below, as determined by the Planning Board during site plan review and by the Architectural Review Board during certificate of appropriateness review.
(a) 
Corner building wraps.
[1] 
Structures located on corner lots should be designed with multiple front facades to create a continuous pedestrian-friendly and attractive public realm.
[2] 
While one side of the building may support the primary entrance, both sides of the building on a corner lot must be functionally activated.
[3] 
Service areas and building mechanical equipment should not be located along either building frontage on a corner lot.
[4] 
At the intersection of two collector streets or the intersection of a collector street and local street, the Planning Board, as a part of its site plan review, may allow an increase in total height to ensure the visual prominence of said corner, while also ensuring that any development project is visually compatible with surrounding structures and the district at large.
267-Cornerhouses.tif
(b) 
Use of green building techniques.
[1] 
After construction, the development shall be eligible to receive US Green Building Council's LEED Gold Certification, LEED Silver Certification and/or Enterprise Green or a similar level of standards. Documentation on certification eligibility shall be provided to the Building Department and Planning Board for review. The Planning Board may modify the eligible LEED certification level if the applicant is able to demonstrate that the particularities of the development warrant modification due to site constraints or financial hardships that are directly related to the development of the project.
[2] 
An applicant pursuing a similar standard shall demonstrate that the green building best practices being incorporated into the project are of similar or greater efficiency in water and energy usage or conservation and produce a carbon footprint that is similar or smaller than the LEED certification.
(c) 
Buffers.
[1] 
Any application to construct or alter a structure in the MX-1 Commercial Corridor District shall include provisions for a buffer screening area along any lot line abutting a lot in a residence district. Where such buffer screening is required, it shall be of a design, materials, location, type, height, spacing and arrangement to the satisfaction of the Planning Board. These requirements may be waived by the Planning Board in situations where the Planning Board determines that adjoining land uses, abutting street(s), topographic features or existing vegetation satisfy the same purpose. The plan and specifications for such buffer screening shall be filed with the plans for the use of the lot.
[2] 
Any application consisting of a through lot shall include provisions for a buffer screening area where the lot abuts the street with the lesser road function class. Where such buffer screening is required, it shall be of a design, materials, location, type, height, spacing and arrangement to the satisfaction of the Planning Board. These requirements may be waived by the Planning Board in situations where the Planning Board determines that adjoining land uses, abutting street(s), topographic features or existing vegetation satisfy the same purpose. The plan and specifications for such buffer screening shall be filed with the plans for the use of the lot.
(d) 
Site lighting.
[1] 
Building windows and doors are not only simply utilitarian elements. Effective exterior site lighting is an important element in the overall appearance and operation of a project.
[2] 
The quality of light, level of light as measured in footcandles, and the type of bulb or source should be carefully addressed. Lighting levels should not be so intense as to draw attention to the glow or glare of the project site. The lighting plan should incorporate current energy-efficient fixtures such as LED and similar technologies.
[3] 
Spotlighting or glare from any site lighting should be shielded from adjacent properties and directed at a specific object or target area to prevent light trespass. Exposed bulbs should not be used.
[4] 
Building light fixtures should be designed or selected to be architecturally compatible with the main structure. The height of light poles should be appropriately scaled to the project.
[5] 
Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of all residents and passersby. However, such outdoor lighting shall not project light onto, nor shall light sources be visible from, adjacent properties. No outdoor light source shall be more than 10 feet above the street level underneath it.
267-Artificial lighting1.tif
267-Artificial lighting2.tif
267-Artificial lighting3.tif
(e) 
Landscaping.
[1] 
Building windows and doors are not only simply utilitarian elements. Landscaping enhances the visual image of the City, preserves natural features, improves property values, and alleviates the impact of noise, traffic, and visual distraction associated with certain uses. It aids in energy conservation and promotes urban wildlife habitats.
[2] 
Trees and shrubs should be located and spaced to allow for long-term growth. Evergreen and deciduous or flowering trees should be used in combination to create visual interest and to create a dynamic landscape. Accent planting should be used around entries and key activity hubs.
[3] 
Screening should be used to protect less intensive uses from the impacts of more intrusive uses and to block views of less desirable features from public view (trash enclosures, etc.).
[4] 
The use of native plants is preferred. Xeriscaping is encouraged to promote water conservation, reduce maintenance requirements, and decrease flooding. Recycled grey water should be used for irrigation.
[5] 
Landscaping should be coordinated with stormwater management plans, and features such as rain gardens and planted infiltration basins should be considered.
[6] 
Use of drought-tolerant and native plantings. All plants to planted, installed and/or located within this MX-1 Zoning District shall be drought tolerant, hardy, native and appropriate for this area based on USDA plant hardiness zone.
[7] 
Street trees. Street trees shall be hardy native species, tolerant to compaction, salt and air pollution to maximize the tree's chance of survival. The City of Mount Vernon Code lists approved species for planting which include but are not limited to the red oak, the pin oak and the scarlet oak.
267-Street trees.tif
(f) 
Vehicle ingress and egress.
[1] 
Corner lots. On lots having frontages on intersecting streets, vehicular ingress and egress shall be from the street with the lesser road function class to accommodate building services and parking.
[2] 
Through lots. On lots having frontages on more than one street, vehicular ingress and egress shall be on the street with the greater road function class to accommodate building services and parking.
(g) 
Sidewalks and curbs. Sidewalks and curbs shall be designed and maintained in a state of good repair per Chapter 227 of the City of Mount Vernon Code. Curb and sidewalks shall be replaced by the applicant as necessary. A curb and adjacent sidewalk shall not be constructed monolithically, except a depressed curb for a driveway may be poured monolithically with the driveway.
(h) 
Bicycle and pedestrian infrastructure. The Planning Board shall require, in its discretion, whether new bicycle and pedestrian infrastructure [in addition to that described in Subsection A(8)(g) herein] is appropriate for any development project.
[1] 
Infrastructure criteria. Criteria for the Planning Board to consider when determining if bicycle and pedestrian infrastructure is required include, but is not limited to, the following:
[a] 
Street classification and design.
[b] 
Speed limits.
[c] 
Surrounding terrain.
[d] 
Bicycle and automobile traffic volumes.
[e] 
Pedestrian counts.
[f] 
On-street parking.
[g] 
Street trees.
[h] 
Building setbacks.
[i] 
Expected number of users within a development.
[j] 
Existing infrastructure.
(i) 
Inflow and infiltration (I&I) reductions at a 3-to-1 ratio are required for all projects. The Department of Public Works shall provide direction to the Planning Board on how to address this requirement on a case-by-case basis.
(9) 
Architectural design requirements. Structure(s) within the MX-1 Commercial Corridor District shall be in accordance with the requirements below, as determined by the Planning Board during site plan review and by the Architectural Review Board during certificate of appropriateness review.
(a) 
Ground floor facades. In the context of a pedestrian-friendly district where streetscape and pedestrian activity is emphasized, the design and activation of the ground floor base is imperative. The concept of "build-to-lines" assures that new buildings will front on the public streetscape. Creating visual interest along the base of the building, by assuring a high percentage of transparency in storefront (or other nonresidential) windows is a design goal. Facade details are encouraged to vary the building texture, highlight facade articulation and break up the building mass. The provision of security grates, air-conditioning units or other similar fixtures on the principal facade must be avoided.
267-Ground floor facades.tif
(b) 
Architectural detail. Architectural details are those elements that do not contribute structurally to a building's construction, but add visual interest, identify building styles, create building prominence and often display superior craftsmanship. All new structures or structures with significant facade renovation, defined as replacement or renovation of 50% or more of the facade, in the MX-1 District shall include architectural details on the structures' facade where visible by the public. Architectural details shall include, but are not limited to, ornate or detailed brickwork, window details, pediments, cornices, ornate lighting, hand rails and fencing, downspouts and paving materials.
267-Architectural detail.tif
(c) 
Functional entries. To improve the pedestrian experience and to facilitate the activation of the public realm surrounding individual buildings, pedestrian access points (functional entries) should be easily identifiable, inviting and accessible and located along the public frontage as often as practical. Maximizing the number of functional entries also helps to create interesting and diverse street-level architecture. Accessways into the buildings may be into lobbies, commercial spaces or common areas. All functional entries should meet ADA requirements, and be adequately lit.
267-Functional entries.tif
(d) 
Building materials. Each new structure shall be considered a long-term addition to the neighborhood; the exterior design and building materials shall exhibit permanence and design excellence that shall continue to be architecturally relevant. The design employed and the materials used shall complement the surrounding architecture and contribute to the overall development of the neighborhood character.
267-Building materials.tif
(e) 
Building transition. Attention during the structures' design phase shall assure appropriate bulk and height of structures adjacent to lower-density residential neighborhoods. The massing of taller structures shall be organized in such a way that the apparent bulk and height of new structures is minimized at the MX-1 District's edge.
267-Building transition.tif
(f) 
Interior construction standard. To foster flexibility in the division of ground floor commercial space, interior commercial space shall be constructed and/or designed to allow the space to be temporarily subdivided without affecting structural integrity in the event the internal ground floor commercial space must be subdivided or recombined for greater marketability purposes. For development projects containing more than 12,000 square feet of ground floor commercial space, a minimum of 25% of the ground floor retail/commercial space shall be set aside for small-scale and/or local commercial tenants.
[1] 
Hardship provision. When an applicant has demonstrated to the satisfaction of the Planning Board that site constraints or financial hardship directly related to the interior construction standard described herein makes compliance to the interior construction standard infeasible financially or otherwise, and this hardship has not been created by the applicant, the Planning Board may modify or waive adherence to the interior construction standard as part of its site plan review.
(g) 
Signage. The provision of high-quality signage, both as a communication tool and as a component of building form, is a goal in the MX-1 District. Creative and unique sign designs are encouraged while cluttered and unattractive streetscapes must be prevented. In general, effectively designed signs should respond to the site, landscape, and architectural design context within which they are located. Signs should be compatible in scale, proportion, and design with the building's facade and its surroundings. Painted window signs should not be too large or obscure transparency. Internally illuminated "sign boxes" should be avoided, as should excessive lighting of all varieties. Projecting signs, perpendicular to the sidewalk, are effective when properly scaled for pedestrian use. Graphics should be well-designed and legible. The use of neon can be acceptable, when employed properly. The signage requirements established in Article XIII shall apply.
267-Signage.tif
(h) 
Canopies and awnings. Awnings over pedestrian walkways and sidewalks are encouraged to provide shade and rain protection while adding interest to a facade with shape and color. They are also effective in identifying a business. Long expanses of awnings are discouraged. Awnings should have a pedestrian scale and be placed so as to provide weather protection and/or business identification to potential patrons of a business. Awnings should be an enhancement to the building facade and should not obscure ornamental features of a building and should be proportional with and complementary to nearby buildings and awnings. Awnings are preferred to be a solid color. If stripes are used, subtle or muted colors are preferred. Striped awnings with highly contrasting, bright colors may be construed as visually blaring and inappropriate.
267-Canopies.tif
(10) 
Supplemental standards.
(a) 
In effort to preserve the tax base, jobs and/or industry located within the "Washington Street Light Industrial Area," the following additional standards shall apply within the MX-1 Zoning District:
[1] 
Mixed-use structures are not permitted to face and/or front Haven Avenue except where a collector street intersects a local road within the MX-1 District. In instances where a collector street intersects a local road and the property contains lot width and frontage along Haven Avenue, the property(ies) shall be considered a Tier 2 in accordance with chapter.
[2] 
In order for a mixed-use structure to be constructed and/or permitted within a property that contains frontage on Haven Avenue, the Haven Avenue tax lot(s) shall be merged with a tax lot(s) that contains lot width and frontage along East Third Street. The merged tax lots shall be subject to the same mortgages, liens or encumbrances as result of the tax merger. Otherwise the I zone regulations shall apply.
[3] 
Property which contains frontage along Haven Avenue where a mixed-use structure(s) is permitted shall have building services and parking located along Haven Avenue within the MX-1 Zoning District. The primary entrance to the mixed-use structure(s) shall be located along East Third Street.
[4] 
The following properties within the MX-1 zoning district containing lot width and frontage along Haven Avenue shall meet the MX-1 zoning district additional regulations for mixed-use structure(s) to be constructed:
[a] 
Section 165.73, Block 4006, Lot 22;
[b] 
Section 165.73, Block 4006, Lot 23;
[c] 
Section 165.73, Block 4006, Lot 24;
[d] 
Section 165.73, Block 4006, Lot 25.
(b) 
Merging tax lots. A property owner who owns two or more contiguous parcels of land that are subject to the same mortgages, liens or encumbrances within the MX-1 Commercial Corridor District shall merge all directly or indirectly associated tax lots for municipal regulation and tax purposes through the office of the City Tax Assessor.
(c) 
Utilities shall be installed underground, and any aboveground equipment shall be located away from pedestrian streets and corners. Equipment boxes and vaults should be placed in back of the sidewalk and where landscaping can minimize or screen their impact. Relocation and provisions for private and public underground utility systems shall be made, as needed. These requirements may be waived by the Planning Board in situations where it determines that the underground installation of utilities is not appropriate and/or that adjoining land uses, topographic features or existing vegetation satisfy the same purpose in terms of minimizing or screening equipment boxes and/or vaults. The costs of relocating the underground utility lines shall, where appropriate, be borne by the utility companies and/or private developers, pursuant to the appropriate laws, regulations and ordinances.
(d) 
Historic commemoration. Applicants are required to commemorate any/all historically, culturally, architecturally and/or archaeologically significant site(s), as identified by the Department of Planning and Community Development staff. This commemoration shall include a minimum of at least but not limited to one of the following: a monument; memorial; marker; plaque; mural; and/or other method acceptable to the Planning Board. Such commemoration shall be approved by the Planning Board during site plan approval. The Planning Board shall consider the following when rendering its decision:
[1] 
Location of commemoration;
[2] 
Ownership of commemoration;
[3] 
Appropriateness of commemoration;
[4] 
Maintenance of commemoration;
[5] 
Durability of materials;
[6] 
Scale of commemoration; and
[7] 
Level of design/craftsmanship incorporated.
(e) 
Usable open space and/or recreation areas.
[1] 
Except as provided below, each Tier 1 and Tier 2 mixed-use development shall set aside 10% of the total lot area as usable open space and/or recreation areas. All usable open space/recreation areas shall be legally and practicably accessible to the occupants of the development from which the required open space/recreation area is taken, but need not be exclusively for the use of the occupants of the development. The Planning Board shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required to ensure the usable open space/recreation area remains as such for perpetuity. All usable open space and/or recreation areas shall be at least 20 feet wide.
[2] 
Where the Planning Board determines that a suitable open space/recreation area cannot be properly located on the property, or is otherwise not practical, the Board shall require, as a condition of site plan approval, a payment to the City of a fee in lieu of open space/recreation area which shall be placed in a dedicated fund to be used by the City exclusively for creating or maintaining open space/recreation areas.
(f) 
Compatibility with generic environmental impact statement. Applicants must demonstrate that the expected impacts of their project are consistent with, and will not exceed, the impacts of the MX-1 District on both the rezoning study area and the broader land use study area as identified in the generic environmental impact statement that was prepared for the MX-1 District. Pursuant to 6 NYCRR 617.13, the applicable lead agency may include a chargeback to recover a proportion of said agency's actual costs expended for the preparation of the generic environmental impact statement.
(g) 
Market rate. For each development project located within the MX-1 District containing residential units, no less than 50% of said residential units shall be set aside for market-rate housing.
(h) 
An applicant proposing a community purpose building or space must show, by dollar and cents evidence, that such a proposed use will be economically viable.
(11) 
Review process.
(a) 
The procedure for site plan approval by the Planning Board shall follow Article VII of this chapter. In addition to requirements under Chapter 267, Article VII, § 267-38, the application shall include:
[1] 
Proposed location of any public community and/or recreation facilities.
[2] 
A description of any alternative means of parking to be utilized.
[3] 
Any proposed amenities in accordance with the density bonus section[2] identified previously within this chapter.
[2]
Editor's Note: See § 267-19A(6) of this chapter.
(b) 
The procedure for certificate of appropriateness approval by the Architectural Review Board shall follow Chapter 10 of the City Code and shall include:
[1] 
Proposed location of any public community and/or recreation facilities.
[2] 
Any proposed amenities in accordance with the density bonus section[3] identified previously within this chapter.
[3]
Editor's Note: See § 267-19A(6) of this chapter.
(12) 
Conflicts with other zoning requirements. If any provision of the MX-1 Commercial Corridor District conflicts with any other requirement of this chapter, the MX-1 Commercial Corridor District provision shall supersede the other requirement to the extent of such inconsistency.
[1]
Editor's Note: This ordinance also renumbered former Subsection A, Mount Vernon West TOD, as Subsection B hereof.
B. 
Mount Vernon West TOD.
(1) 
General provisions.
(a) 
Overview. The Mount Vernon West Transit Oriented Development Zone (designated as MVW) has been established to implement the vision for the area realized during the development of the Mount Vernon Comprehensive Plan, and through the efforts of the Technical Committee for Mount Vernon West and the Vision Plan process facilitated by the Pace University Law School, Land Use Law Center.
(b) 
Applicability. The Mount Vernon West Transit Oriented Development Zone applies to property designated as MVW on the City of Mount Vernon Zoning Map, which is on file in the Office of the City Clerk. Parcels located in the zone are more specifically known and designated as:
TOD — Hub
TOD - Corridor
TOD - Transition
164.68-1056-12
164.60-1074-33
164.68-1072-1
164.68-1056-11
164.60-1074-32
164.68-1072-27
164.68-1056-10
164.60-1074-31
164.68-1072-26
164.67-1057-16
164.60-1074-30
164.68-1072-25
164.67-1057-13
164.60-1074-29
164.68-1072-24
164.75-1057-1
164.60-1074-35
164.68-1072-23
164.75-1057-2
164.60-1074-28
164.68-1072-22
164.75-1057-3
164.60-1074-27
164.68-1072-21
164.75-1057-4
164.60-1074-26
164.68-1072-20
164.75-1057-12
164.60-1074-25
164.68-1072-19
164.75-1057-14
164.60-1074-24
164.68-1072-18
164.75-1057-5
164.68-1074-23
164.68-1072-17
164.75-1057-6
164.68-1074-21
164.68-1072-29
164.75-1057-7
164.68-1074-22
164.68-1072-16
164.75-1057-11
164.68-1074-20
164.68-1072-30
164.68-1056-18
164.68-1074-19
164.68-1072-2
164.68-1056-1
164.68-1074-18
164.68-1072-3
164.68-1056-2
164.68-1074-17
164.68-1072-4
164.68-1056-4
164.76-1061-1
164.68-1072-5
164.68-1056-5
164.76-1061-23
164.68-1072-6
164.68-1056-6
164.76-1061-24
164.68-1072-7
164.68-1056-7
164.76-1061-25
164.68-1072-8
164.68-1056-8
164.76-1061-26
164.68-1072-9
164.68-1056-9
164.76-1062-1
164.68-1072-10
164.68-1058-10
164.76-1071-12
164.68-1072-11
164.68-1058-1
164.76-1071-11
164.68-1072-12
164.68-1058-2.1
164.76-1071-10
164.76-1064-39
164.68-1058-2.2
164.76-1071-9
164.76-1064-38
164.68-1058-3
164.76-1071-8
164.76-1064-37
164.75-1058-5
164.76-1071-20
164.76-1064-36
164.75-1058-6
164.76-1065-1
164.76-1064-35
164.75-1058-7
164.76-1065-37
164.76-1064-34
164.75-1058-9
164.76-1065-2
164.76-1064-33
164.68-1073-1
164.76-1065-3
164.76-1064-32
164.68-1073-2
164.76-1065-4
164.76-1064-31
164.68-1073-3
164.76-1065-5
164.76-1064-30
164.68-1073-4
164.76-1065-6
164.76-1064-29
164.68-1073-28
164.76-1065-7
164.76-1064-28
164.68-1073-27
164.76-1065-8
164.76-1064-27
164.68-1073-26
164.76-1070-21
164.76-1064-26
164.68-1073-25
164.76-1070-19
164.76-1064-25
164.68-1073-24
164.76-1070-18
164.76-1064-24
164.68-1073-23
164.76-1066-1
164.76-1064-23
164.68-1073-22
164.76-1066-2
164.76-1064-22
164.68-1073-21
164.76-1066-3
164.76-1064-21
164.68-1073-20
164.76-1066-4
164.76-1064-20
164.68-1073-29
164.76-1066-5
164.76-1064-19
164.68-1073-34
164.76-1066-6
164.76-1064-17
164.68-1073-5
164.76-1066-7
164.76-1064-3
164.68-1073-6
164.76-1069-15
164.76-1064-4
164.68-1073-7
164.76-1069-14
164.76-1064-5
164.68-1073-8
164.76-1069-13
164.76-1064-6
164.68-1073-9
164.76-1069-11
164.76-1064-7
164.68-1073-10
164.76-1069-10
164.76-1064-8
164.68-1073-11
165.69-1069-8
164.76-1064-9
164.68-1073-12
165.69-1069-7
164.76-1064-10
164.68-1073-13
165.69-1067-1
164.76-1064-11
164.68-1073-14
165.69-1067-3
164.76-1064-12
164.68-1073-15
164.76-1067-4
164.76-1064-13
164.68-1073-16
164.76-1067-5
164.76-1064-14
164.68-1073-17
164.76-1067-6
164.76-1064-15
164.68-1073-18
164.69-1068-1
164.76-1064-16
164.68-1073-19
165.69-1068-2
164.76-1064-44
164.68-1072-15
165.69-1068-3
164.68-1071-1
164.68-1072-28
165.69-1068-4
164.68-1071-17
164.68-1072-14
165.69-1068-5
164.68-1071-16
164.68-1072-13
165.69-1068-6
164.68-1071-15
164.76-1064-1
164.68-1071-14
164.76-1064-2
164.68-1071-13
164.68-1063-1
164.76-1065-36
164.76-1063-26
164.76-1065-35
164.76-1063-25
164.76-1065-34
164.76-1063-24
164.76-1065-33
164.76-1063-23
164.76-1065-32
164.76-1063-22
164.76-1065-31
164.76-1063-15
164.76-1065-30
164.76-1063-18
164.76-1065-29
164.68-1063-2
164.76-1065-28
164.68-1063-3
164.76-1065-27
164.68-1063-4
164.76-1065-26
164.68-1063-29
164.68-1063-5
164.76-1063-6
164.76-1063-7
164.76-1063-30
164.76-1063-8
164.76-1063-9
164.76-1063-10
164.76-1063-11
164.76-1063-31
164.76-1063-12
164.76-1063-13
164.76-1063-14
164.76-1063-16
164.76-1063-17
164.75-1060-29
164.75-1060-1
164.75-1060-2
164.75-1060-3
164.75-1060-6
(c) 
Purpose and intent. The MVW Zoning District provides for a diverse array of uses (industrial, commercial and residential) in a compatible manner, oriented around the Mount Vernon West train station. Specifically, the MVW Zone provides for:
[1] 
Higher density residential development in close proximity to the Mount Vernon West train station and other modes of public transit.
[2] 
The physical integration and coordination of diverse land uses.
[3] 
Development that is maximally transit supportive.
[4] 
The creation of a pedestrian-friendly environment.
[5] 
The provision of an alternative to traditional development that emphasizes mixed-uses.
[6] 
Reduction of auto dependency and roadway congestion by locating multiple destinations and trip ends within walking distance of one another.
[7] 
Reduce total vehicle miles traveled and regional greenhouse gas emissions.
[8] 
Repair, stabilize and revitalize the areas urban fabric.
[9] 
Facilitate new development and redevelopment that will create new jobs.
[10] 
Position the area as a concentrated investment area.
[11] 
Strengthen the Mount Vernon gateway to Mount Vernon from Yonkers.
[12] 
Emphasize, support and facilitate high quality building design, streetscape and public realm improvements.
(d) 
Organization.
[1] 
The MVW zone utilizes the concept of a form-based code to set guidelines for development. A form-based code creates a predictable public realm by establishing guidelines and regulations that focus primarily on the physical form of the environment, with a lesser focus on specific land-use requirements.
[2] 
Form-based codes address the relationships between building facades and the public realm, the form and mass of buildings in relation to one another, and the scale and types of streets and blocks. The guidelines and standards in this form-based code are presented in the narrative language of the code, but also graphically, to describe the character of anticipated development. This is in contrast to conventional zoning's focus on the management and segregation of land uses.
[3] 
Subsection B(2) presents the regulating plan, which defines development areas within the MVW boundaries, Subsection B(3) identifies the eight allowable building types in the MVW district and Subsection B(4) indicates where the building types are and are not permitted. Subsection B(5) identifies the standards for building design, configuration and placement. Subsection B(6) presents the table of permitted uses. Subsection B(7) identifies the parking requirements for the MVW district. Subsection B(8) presents design guidelines, in which all projects are expected to comply. Finally, Subsection B(9) sets forth the administrative procedures in which all projects in the MVW District must comply.
(e) 
Relationship to comprehensive plan.
[1] 
The long range planning vision and strategy of the City of Mount Vernon has identified the Mount Vernon West area as a "Higher Intensity Planning Area." This designation signifies a district where higher development density is targeted and encouraged. Through the efforts of the Technical Committee for Mount Vernon West, a vision plan was developed that provided the foundation upon which the Mount Vernon West Transit Oriented Development Zoning Ordinance is constructed.
[2] 
The Mount Vernon West Transit Oriented Development Zoning Ordinance is therefore fully consistent with long range planning vision and strategy for the Mount Vernon West area, and represents the implementation of that vision.
(f) 
Planning principles. The Mount Vernon West Transit Oriented Development Zoning Ordinance establishes an efficient, effective and equitable regulatory and procedural code for the use of land in the Mount Vernon West area, subject to the following policies:
[1] 
The area should include a framework of transit, pedestrian and bicycle systems that provide alternatives to the automobile.
[2] 
Development in the area should be compact, pedestrian oriented and contain a mix of uses.
[3] 
The development of isolated, single-use buildings and sites should be avoided.
[4] 
The ordinary activities of daily living should be provided within walking distance of residential uses, allowing for independence from the automobile.
[5] 
The layout and configuration of development should be designed to disperse traffic and reduce the length of automobile trips.
[6] 
Within the area, a range of housing types and price levels should be provided to accommodate diverse ages and incomes.
[7] 
Appropriate land uses and densities should be provided within walking distance to the train station.
[8] 
Civic, institutional and commercial activity should be embedded throughout the area, and not isolated into remote single-use complexes.
[9] 
A range of open space, including parks, squares, plazas, and playgrounds, should be distributed throughout the area.
[10] 
Buildings, landscaping and other amenities should contribute to the physical definition of thoroughfares as public places.
[11] 
Development should adequately accommodate automobiles while respecting pedestrians and the spatial form of public areas.
[12] 
The design of buildings and sites should reinforce safe environments, but not at the expense of accessibility.
[13] 
Architecture and landscape design should reflect the history and traditions, topography, climate and building practices of the City of Mount Vernon.
[14] 
Public gathering places should be provided as locations that reinforce community identity and support self-government.
[15] 
The preservation and renewal of historic buildings, or the incorporation of historical architectural elements characteristic of the City of Mount Vernon, should be facilitated, to affirm the continuity and evolution of society.
(g) 
Nonconforming uses and buildings.
[1] 
The MVW District replaces zoning that was predominantly industrial. While many of the industrial uses have left the area, and a number of properties in the area are underutilized, viable industrial uses do remain in places.
[2] 
The MVW zoning provides for the addition of a broad array of uses, including high-density residential uses. Facilitating the coexistence of diverse land uses represents one of the challenges in the MVW District.
[3] 
The regulations governing nonconforming uses set forth in § 267-10 remain applicable to uses and buildings in the MVW District. However, all legal preexisting, nonconforming uses are encouraged to comply with the design guidelines established herein, to assure that the area evolves in a manner that is consistent with the goals and objectives of the City.
(2) 
Regulating plan. The regulating plan divides the MVW Zone into five separate areas of development intensity. This approach differs from conventional zoning that typically divides a city into zones that rigidly segregate residential, commercial, industrial and institutional uses, thereby emphasizing a dependence on automobiles to functionally connect uses. The use of zones based on development intensity (instead of land uses) provides a new spatial basis for regulating development that recognizes the interrelationships between uses. The three zones also provide an effective vehicle to implement the City's urban design objectives while fostering attractive and sympathetic interfaces between zones.
The following zones are established within the MVW District:
MVW-H
MVW Hub
MVW-H(NC)
MVW Hub - Noncommercial
MVW-C
MVW Corridor
MVW-T
MVW Transition
MVW-T(NC)
MVW Transition - Noncommercial
(a) 
MVW Hub (MVW-H). The MVW Hub Zone is designed to accommodate the highest intensity of development within the MVW District. Development in this zone shall require building entrances to be located within 1,500 feet of the Mount Vernon West train station, and shall rely on the public transit opportunities available at the station, to minimize reliance on individual passenger vehicles, parking demands and associated traffic impacts. The MVW-H zone also allows for the greatest diversity of land uses. As a result, building design and architectural quality is a priority. Integrating diverse land uses requires careful attention to the interface between buildings and uses, pedestrian connections, the provision of parking, building services and the operational requirements of various uses.
(b) 
MVW Hub - Noncommercial [MVW-H(NC)]. The MVW Hub - Noncommercial Zone is located along north side of North Terrace Avenue, between Mount Vernon Avenue and Grove Street. It includes all of the attributes of the MVW-H Zone, except commercial uses are prohibited. This allows for an appropriate juxtaposition between the existing residential uses on the east side of North Terrace Avenue with potential new development in the MVW-H Zone.
(c) 
MVW Corridor (MVW-C). The MVW Corridor Zone provides the physical link between the MVW Hub and the downtown. This corridor provides the gateway into the Mount Vernon from Yonkers and anchors the western edge of the downtown at West Lincoln Avenue. The emphasis in this area is on retail, retail service and restaurant uses along the ground floor of the buildings lining the corridor, to create an economically vibrant and bustling commercial and mixed-use area that will unite the MVW Hub with the downtown.
(d) 
MVW Transition (MVW-T). The MVW Transition zone lies to the east of the MVW Hub and flanks the MVW Corridor zones. This area offers the potential for residential redevelopment at increased densities. Redevelopment will likely require the assembly of parcels. The MVW-T zone will provide for a logical and gradual transition from the higher densities of development permitted in the MVW Hub, and the existing lower density development situated to the east.
(e) 
MVW Transition - Noncommercial [MVW-T(NC)]. The MVW Transition - Noncommercial Zone is located on the west side of North Terrace Avenue, between Mount Vernon Avenue and Oak Street. It includes all of the attributes of the MVW-T Zone, but it extends into the MVW-H area to create a broader noncommercial buffer between new development in the MVW-H and the existing residences located to the east.
267 MVW Trans NonComm Zone.tif
(3) 
Allowable building types. This section establishes and defines the building types permitted in the MVW Zoning District to ensure that proposed development is consistent with the goals for building form, physical character, land use and aesthetic quality.
267 MU Bldg Type.tif
Mixed-Use Building
A building that supports ground floor commercial use, with upper story residential or office uses.
267 One Story Comm Bldg Type.tif
One-Story Commercial
A one-story, large format building that accommodates a variety of commercial uses
267 Gen Comm Bldg Type.tif
General Commercial
A building type that accommodates retail, office or other commercial uses.
267 Civ Bldg Type.tif
Civic Building
A building that accommodates civic, institutional or public uses
267 Multi Fam Apt Bldg.tif
Multifamily Apartment
Three or more dwelling units vertically and horizontally integrated
267 Tower on Podium Bldg.tif
Tower on Podium
Multi-story apartment building constructed atop a podium containing off-street parking wrapped by ground level commercial uses
267 Townhouse Bldg.tif
Townhouse
Three or more dwelling units where each unit is separated vertically by a party wall
267 Detached Dwelling Bldg.tif
Detached Dwelling
Single or two-family dwelling units on an individual lot with yards on all sides
(4) 
Permitted building types by district. Building types are allowed by district, as set forth below:
Permitted Building Types by District
Building Type
MVW-H
MVW-H(NC)
MVW-C
MVW-T
MVW-T(NC)
267 MU Bldg Type.tif
Mixed-use building
P
N
P
N
N
267 One Story Comm Bldg Type.tif
One-story commercial
N
N
P
N
N
267 Gen Comm Bldg Type.tif
General commercial
P
N
P
N
N
267 Civ Bldg Type.tif
Civic building
P
N
P
N
N
267 Multi Fam Apt Bldg.tif
Multifamily apartment
N
P
N
P
P
267 Tower on Podium Bldg.tif
Tower on podium
P
P
N
N
P
267 Townhouse Bldg.tif
Townhouse
N
N
N
P
P
267 Detached Dwelling Bldg.tif
Detached dwelling
N
N
N
P
P
(5) 
Building type regulations.
(a) 
Mixed-use building.
[1] 
Lot.
267 Mixed Use Bldg Lot.tif
Lot Dimensions
A — Lot area (minimum)
5,000 square feet
B — Lot width (minimum)
50 feet
Usable Open Space
D — Usable open space
200 square feet per dwelling unit
[2] 
Building placement.
267 MU Bldg Placement.tif
Building Setbacks
A — Common lot line
0 feet or 10 feet (if provided)
B — Lot line abutting RMF-10/15
30 feet
Build-To Line
C — Building along primary street
70%
Buildings in TOD-C
(minimum percentage of lot width)
100%
D — Building along side street
(minimum percentage of lot depth)
35%
Parking Setbacks
E — Primary street
30 feet
F — Side street
10 feet
G — Parking location
Behind building
Coverage
H — Building (maximum)
60%
I — Impervious surface (maximum)
75%
[3] 
Height and mass.
267 MU Bldg Height and Mass.tif
Building Height
A — Building height
5 stories/60 feet
Story Height
B — Ground story height floor to ceiling (minimum)
13 feet
C — Upper story height floor to ceiling (minimum)
9 feet
Building Mass
D — Max length of upper story street-facing wall without offset
75 feet
E — Upper story street-facing wall offset depth (minimum)
4 feet
F — Upper story street-facing wall offset length (minimum)
8 feet
G — Building length, street-facing facade (maximum)
175 feet
[4] 
Activation.
267 MU Bldg Activation.tif
Transparency
A — Ground story, primary street facade (minimum)
60%
B — Ground story, side street facade (minimum)
40%
C — Blank wall length, primary street (maximum)
30 feet
D — Blank wall length, side street (maximum)
40 feet
Functional Entries
E — Functional entries (minimum)
70 feet
F — Area of garage or service bay openings along street-wall (maximum)
20%
Permitted Building Elements
Porch
No
Stoop
No
Balcony
Yes
Awning/canopy
Yes
Forecourt
Yes
(b) 
General commercial.
[1] 
Lot.
267 Gen Comm Lot.tif
Lot Dimensions
A — Lot area (minimum)
5,000 square feet
B — Lot width (minimum)
50 feet
[2] 
Building placement.
267 Gen Comm Bldg Placement.tif
Building Setbacks
A — Common lot line
0 feet or 10 feet (if provided)
B — Lot line abutting RMF-10/15
30 feet
Build-To Line
C — Building along primary street
70%
Buildings in TOD-C
(minimum percentage of lot width)
100%
D — Building along side street
(minimum percentage of lot depth)
35%
Parking Setbacks
E — Primary street
30 feet
F — Side street
10 feet
G — Parking location
Behind building
Coverage
H — Building (maximum)
60%
I — Impervious surface (maximum)
80%
[3] 
Height and mass.
267 Gen Comm Bldg Height and Mass.tif
Building Height
A — Building height
4 stories/50 feet
Story Height
B — Ground story height floor to ceiling (minimum)
10 feet
C — Upper story height floor to ceiling (minimum)
9 feet
Building Mass
D — Max length of upper story street-facing wall without offset
75 feet
E — Upper story street-facing wall offset depth (minimum)
4 feet
F — Upper story street-facing wall offset length (minimum)
8 feet
G — Building length, street-facing facade (maximum)
175 feet
[4] 
Activation.
267 Gen Comm Activation.tif
Transparency
A — Ground story, primary street facade (minimum)
60%
B — Ground story, side street facade (minimum)
20%
C — Blank wall length, primary street (maximum)
35 feet
D — Blank wall length, side street (maximum)
40 feet
Functional Entries
E — Functional entries (minimum)
80 feet
F — Area of garage or service bay openings along street-wall (maximum)
20%
Permitted Building Elements
Porch
No
Stoop
No
Balcony
Yes
Gallery
No
Awning/canopy
Yes
Forecourt
Yes
(c) 
One-story commercial.
[1] 
Lot.
267 One Story Comm Lot.tif
Lot Dimensions
A — Lot area (minimum)
5,000 square feet
B — Lot width (minimum)
50 feet
[2] 
Building placement.
267 One Story Comm Bldg Placement.tif
Building Setbacks
A — Common lot line
0 feet or 10 feet (if provided)
B — Lot line abutting RMF-10/15
20 feet
Build To Line
C — Building along primary street
70%
Buildings in TOD-C
(minimum percentage of lot width)
100%
D — Building along side street
(minimum percentage of lot depth)
35%
Parking Setbacks
E — Primary street
30 feet
F — Side street
10 feet
G — Parking location
Behind building
Coverage
H — Building (maximum)
75%
I — Impervious surface (maximum)
90%
[3] 
Height and mass.
267 One Story Bldg Height and Mass.tif
Building Height
A — Building height
1 story/25 feet
Story Height
B — Ground story height floor to ceiling (minimum)
13 feet
Building Mass
C — Max length of street-facing wall without offset
65 feet
D — Street-facing wall offset depth (minimum)
4 feet
F — Street-facing wall offset length (minimum)
8 feet
G — Building length, street-facing facade (maximum)
175 feet
[4] 
Activation.
267 One Story Comm Bldg Activation.tif
Transparency
A — Primary street facade (minimum)
60%
B — Side street facade (minimum)
20%
C — Blank wall length, primary street (maximum)
30 feet
D — Blank wall length, side street (maximum)
40 feet
Functional Entries
E — Functional entries (minimum)
70 feet
F — Area of garage or service bay openings along street-wall (maximum)
20%
Permitted Building Elements
Porch
No
Stoop
No
Balcony
No
Gallery
Yes
Awning/canopy
Yes
Forecourt
Yes
(d) 
Tower on podium.
[1] 
Lot.
267 Tower on Podium Bldg Lot.tif
Lot Dimensions
A — Lot area (minimum)
15,000 square feet
B — Lot width (minimum)
100 feet
Usable Open Space
D — Usable open space
130 square feet per dwelling unit
[2] 
Building placement.
267 Tower on Podium Bldg Placement.tif
Building Setbacks
A — Common lot line
0 feet or 10 feet (if provided)
B — Lot line abutting RMF-10/15
20 feet
Build-To Line
C — Podium along primary street
(minimum percentage of lot width)
70%
D — Podium along side street
(minimum percentage of lot depth)
35%
Parking Setbacks
E — Primary street
30 feet
F — Side street
10 feet
G — Surface parking location
Behind building
H — Parking garage
Same as podium
Coverage
H — Principal building (maximum)
85%
I — Impervious surface (maximum)
(provided open space is provided on podium)
100%
[3] 
Height and mass.
267 Tower on Podium Bldg Height and Mass.tif
Building Height
A — Building height (plus podium)
15 stories/150 feet(1)
Story Height
B — Ground story height floor to ceiling (minimum)
11 feet
C — Upper story height floor to ceiling (minimum)
7 feet 6 inches
Building Mass
D — Max length of ground floor street-facing wall without offset
75 feet
E — Ground floor street-facing wall offset depth (minimum)
5 feet
F — Ground floor street-facing wall offset width
10 feet
G — Max length of upper floor street-facing wall without offset
45 feet or J
H — Upper story street-facing wall offset depth (minimum)
4 feet
I — Upper story street facing wall offset width (minimum)
8 feet
J — If G is not met, provide an architectural element that changes the facade plane, a minimum of 10 feet in width.
Parking Garage Storefront Wrap
K — Ground floor primary street
Required
NOTES:
(1)
Maximum building height may be extended to 20 stories per density bonus provision of § 267-21.
[4] 
Activation.
267 Tower of Podium Bldg Activation.tif
Transparency
A — Ground story, primary street facade (minimum length)
60%
B — Ground story, side street facade (minimum)
20%
E — Podium blank wall length, primary street (maximum)
30 feet
F — Podium blank wall length, side street (maximum)
40 feet
Functional Entries
G — Functional entries (minimum)
90 feet
H — Area of garage or service bay openings along street-wall (maximum)
20%
Permitted Building Elements
Porch
Yes
Stoop
Yes
Balcony
Yes
Gallery
Yes
Awning/canopy
Yes
Forecourt
Yes
(e) 
Civic building.
[1] 
Lot.
267 Civ Bldg Lot.tif
Lot Dimensions
A — Lot area (minimum)
5,000 square feet
B — Lot width (minimum)
50 feet
[2] 
Building placement.
267 Civ Bldg Placement.tif
Building Setbacks
A — Front yard
25 feet
B — Common lot line
0 feet or 10 feet (if provided)
C — Lot line abutting RMF-10/15
30 feet
Build-To Line
D — Building along primary street
50%
Buildings in TOD-C
(minimum percentage of lot width)
100%
E — Building along side street
(minimum percentage of lot depth)
30%
Parking Setbacks
F — Primary street
10 feet
G — Side street
10 feet
H — Parking location
Behind building
Coverage
I — Building (maximum)
60%
J — Impervious surface (maximum)
80%
[3] 
Height and mass.
267 Civ Bldg Height and Mass.tif
Building Height
A — Building height
3 stories/40 feet
[4] 
Activation.
267 Civ Bldg Activation.tif
Transparency
A — Ground story, primary street facade (minimum)
60%
B — Ground story, side street facade (minimum)
40%
C — Blank wall length, primary street (maximum)
30 feet
D — Blank wall length, side street (maximum)
40 feet
Functional Entries
E — Functional entries (minimum)
70 feet
F — Area of garage or service bay openings along street-wall (maximum)
20%
Permitted Building Elements
Porch
Yes
Stoop
Yes
Balcony
Yes
Gallery
Yes
Awning/canopy
Yes
Forecourt
Yes
(f) 
Multifamily apartment.
[1] 
Lot.
267 Multi Fam Apt Lot.tif
Lot Dimensions
A — Lot area (minimum)
7,500 square feet
B — Lot width (minimum)
75 feet
Usable Open Space
D — Usable open space
200 square feet per dwelling unit
[2] 
Building placement.
267 Multi Fam Apt Bldg Placement.tif
Building Setbacks
A — Front yard
20 feet
B — Common lot line
0 feet or 10 feet (if provided)
C — Lot line abutting RMF-10/15
30 feet
Build-To Line
D — Building along primary street (minimum percentage of lot width)
70%
E — Building along side street (minimum percentage of lot depth)
35%
Parking Setbacks
F — Primary street
30 feet
G — Side street
10 feet
H — Surface parking location
Behind building
I — Parking garage
Same as principal building
Coverage
J — Building (maximum)
60%
K — Impervious surface (maximum)
70%
[3] 
Height and mass.
267 Multi Fam Bldg Height and Mass.tif
Building Height
A — Building height
6 stories/70 feet
Story Height
B — Ground story height floor to ceiling (minimum)
10 feet
C — Upper story height floor to ceiling (minimum)
9 feet
Building Mass
D — Max length of upper story street-facing wall without offset
75 feet
E — Upper story street-facing wall offset depth (minimum)
4 feet
F — Upper story street-facing wall offset length (minimum)
8 feet
G — Building length, street-facing facade (maximum)
175 feet
[4] 
Activation.
267 Multi Fam Bldg Activation.tif
Transparency
A — Ground story, primary street facade (minimum)
20%
B — Ground story, side street facade (minimum)
20%
C — Upper story, primary street facade (minimum)
35%
D — Upper story, side street facade (minimum)
45%
E — Blank wall length, primary street (maximum)
40 feet
F — Blank wall length, side street (maximum)
50 feet
Functional Entries
G — Functional entries (minimum)
100 feet
H — Area of garage or service bay openings along street-wall (maximum)
20%
Permitted Building Elements
Porch
Yes
Stoop
Yes
Balcony
Yes
Gallery
No
Awning/canopy
Yes
Forecourt
Yes
(g) 
Townhouse.
[1] 
Lot.
267 Townhouse Bldg Lot.tif
Lot Dimensions
A — Lot area (minimum)
40,000 square feet
B — Lot width (minimum)
150 feet
Usable Open Space
D — Usable open space
200 square feet per dwelling unit
[2] 
Building placement.
267 Townhouse Bldg Placement.tif
Building Setbacks
A — Front yard
25 feet
B — Side yard
15 feet
C — Rear yard
30 feet
D — Spacing between buildings
1/2 height of end wall
Build-To Line
E — Building along primary street (minimum percentage of lot width)
70%
Parking Setbacks
F — Parking location
Behind building and garages.
Coverage
G — Building (maximum)
40%
H — Impervious surface (maximum)
60%
[3] 
Height and mass.
267 Townhouse Bldg Height and Mass.tif
Building Height
A — Principal building height
3 stories/40 feet
B — Accessory building height
1 story/15 feet
Story Height
C — Ground story height floor to ceiling (minimum)
9 feet
D — Upper story height floor to ceiling (minimum)
9 feet
Unit Size
E — Width (minimum)
30 feet
[4] 
Activation.
267 Townhouse Bldg Activation.tif
Transparency
A — Ground story, primary street facade (minimum)
20%
B — Blank wall length, primary street (maximum)
35 feet
Functional Entries
C — Functional entries
On primary street
Permitted Building Elements
Porch
Yes
Stoop
Yes
Balcony
Yes
Gallery
No
Awning/canopy
No
Forecourt
No
(h) 
Detached dwelling.
[1] 
Lot.
267 Det Dwelling Bldg Lot.tif
Lot Dimensions
A — Lot area (minimum)
4,500 square feet
B — Lot width (minimum)
50 feet
Usable Open Space
D — Usable open space
500 square feet per dwelling unit
[2] 
Building placement.
267 Det Dwelling Bldg Placement.tif
Building Setbacks
A — Front yard
25 feet
B — Side yard (one)
2 feet
C — Side yard (both)
5 feet
D — Rear yard
20 feet
Parking Setbacks
E — Parking location
Driveway or garage
Coverage
F — Building (maximum)
40%
G — Impervious surface (maximum)
70%
[3] 
Height and mass.
267 Det Dwelling Bldg Height and Mass.tif
Building Height
A — Principal building height
3 stories/35 feet
B — Accessory building height
1 story/15 feet
[4] 
Activation.
267 Det Dwelling Bldg Activation.tif
Functional Entries
A — Functional entries
On primary street
Permitted Building Elements
Porch
Yes
Stoop
Yes
Balcony
Yes
Gallery
No
Awning/canopy
No
Forecourt
No
(6) 
Permitted use table.
MVW Zone Permitted Uses
P = Permitted
SP = Special Permit
X = Prohibited
Residential Uses
Use
MVW-H
MVW-H(NC)
MVW-C
MVW-T
MVW-T(NC)
One-family dwelling
X
X
P
P
P
Attached dwelling and two-family dwellings
X
X
P
P
P
Multifamily dwellings
P
P
P
P
P
Public/Civic Uses
Public schools
P
P
P
P
P
Community purpose building
P
P
P
P
P
Municipal uses for Mount Vernon
P
P
P
P
P
Places of worship
SP
SP
SP
SP
SP
Public utility
SP
SP
SP
SP
SP
Use of government agencies
P
P
P
P
P
Parking garage
P
P
P
P
P
Commercial Uses
Day-care center
P
P
P
SP
SP
Nursery school
P
P
P
SP
SP
Domiciliary care facility
P
P
P
SP
SP
University, college and private school
SP
SP
SP
SP
SP
Off-street parking facility
SP
SP
SP
SP
X
Business, professional offices
P
X
P
X
X
Retail
P
X
P
X
X
Personal services
P
X
P
X
X
Museums and art galleries
P
X
P
X
X
Medical and dental offices
P
X
P
X
X
Medical laboratories
P
X
P
X
X
Business and trade schools
P
X
P
X
X
Retail laundries and dry cleaners
P
X
P
X
X
Hotels and motels
P
X
P
X
X
Motor vehicle dealerships
SP
X
P
X
X
Bars, nightclubs, catering halls
SP
X
SP
X
X
Bakeries, retail
P
X
P
X
X
Restaurants
P
X
P
X
X
Restaurants, carry-out
P
X
P
X
X
Restaurants, fast food
P
X
P
X
X
Funeral parlor
X
X
SP
X
X
Banks
P
X
P
X
X
Motor vehicle service stations
X
X
SP
X
X
Motor vehicle rental agencies
X
X
SP
X
X
Social clubs
SP
X
SP
X
X
Storage of commercial vehicles
SP
X
SP
X
X
Theater and concert halls
P
X
P
X
X
Animal hospital
P
X
P
X
X
Wholesale business
SP
X
X
X
X
Industrial
SP
X
X
X
X
Wireless telecommunications facility
SP
SP
SP
SP
SP
Accessory Uses
Incidental customary accessory uses
P
P
P
P
P
(7) 
MVW Hub density bonus.
(a) 
For property located in the MVW - Hub area, bounded by the MetroNorth railroad to the west, West Street to the east and Oak Street to the north, as depicted on the following map, a density bonus may be applied.
267 MVW Hub Density Bonus Area.tif
(b) 
The City Council may, at its discretion and subject to the standards and considerations set forth below, grant a density bonus of up to a maximum of five stories (for a maximum height of 20 stories) for buildings located in that portion of the MVW — Hub area described above. A density bonus may be granted in exchange for an applicant providing one or more of the following off-site civic improvements, amenities or development actions above and beyond those that are directly or indirectly necessitated by the proposed project itself.
[1] 
Provision, renovation or rehabilitation of a public open space amenity. By contributing a significant provision, renovation donation and/or or rehabilitation of a public open space amenity, to include but not limited to a public park and/or other public open space, a density bonus may be granted. The usable open space required for a development, as set forth in the building type regulations shall not count towards this amenity.
[2] 
Historic preservation. Preserving a significant portion of a building(s) or structure(s) identified by the Commissioner of Planning and Community Development and agreed to by the Planning Board as having historical, cultural and/or architectural significance.
[3] 
Brownfield or derelict property remediation. Applicants may apply for a density bonus for providing brownfield or derelict property (as defined in the City Code) remediation on lots other than those currently before the City for development within the MVW District, to prepare the property(ies) for either dedication for public use for redevelopment by a public or private owner. The Building Department shall provide a list of preferred properties for rehabilitation.
[4] 
Contribution to non-site-related infrastructure improvements. Non-site-related improvements are considered significant improvements that are not directly needed, required or related to the subject site development, but may indirectly improve the area. Infrastructure improvements may include, but are not limited to significant provisions, renovations, creation, donation, installation and/or rehabilitation of public solid waste and recycling receptacles, traffic calming measures, public seating, wider than required sidewalks, specialty pavers or utility covers as part of district "branding," repaving of a street(s), intersection upgrades (including streetlights and crosswalks), bus shelters, and storm or sanitary sewer improvements. The City Department of Public Works may provide recommendations to the Planning Board.
[5] 
Provision of creating alternative off-site parking facilities. By contributing to the creation of an off-site parking facility, above and beyond the off-street parking requirements for the proposed development included in this district, which may include, but is not limited to creation the of a public off-street parking garage, dedicating land for the creation of a public off-street parking facility or the creation of a privately operated parking facility, a density bonus may be granted, that would provide additional parking proportionate to the size and scope of the project.
[6] 
Provision of public artwork. Incorporation of publicly accessible artwork including but not limited to sculpture(s), monument(s), or other permanent aesthetic structure(s) on a site or at a designated off-site location as deemed appropriate by the Planning Board.
[7] 
Provision of housing for persons with disabilities. For developments with public financing the provision of housing for persons with disabilities must go above and beyond the requirements set forth in the applicable public financing source, setting aside a minimum of 10% of units for persons with physical disabilities with 2% for persons with sight or hearing disabilities inclusive. Developments with no public financing shall make its best effort to meet the United States Housing and Urban Development § 504 minimum requirements for accessibility or demonstrate to the satisfaction of the Planning Board the inability to do so.
(c) 
In granting the density bonus for the amenities listed above, the City Council shall consider the following criteria:
[1] 
The incentives being proposed and the degree to which the proposed amenity is compatible with the goals and objectives for the MVW Zoning District, and the City's long range planning strategy.
[2] 
Set forth in the public record, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the MVW Zoning District and the City's long range planning strategies, how they preserve and enhance the aesthetic, environmental and/or historical qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community.
[3] 
The associated maintenance schedule and ownership of the proposed amenity(ies).
[4] 
The density bonus can be successfully integrated into the overall building/site design without negatively impacting, detracting and/or severely departing from an appropriate height, scale, mass, size, and shape of the proposed structure(s).
[5] 
The density bonus can be successfully integrated into the overall building/site design without negatively impacting, detracting and/or severely departing from an appropriate height, scale, mass and/or size of the surrounding area.
[6] 
Set forth in the public record, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted, and their proportionality shall be demonstrated by the applicant and agreed to by the City Council. The City Council shall make its determination concerning the density bonus after receipt and consideration of a written recommendation from the Architectural Review Board and any other department or consultants the City Council deems appropriate given the additional improvements proposed in seeking a density bonus. Within 30 days of the City Council's written request, the Architectural Review Board and any other department or consultant whose input is requested by the City Council, shall provide their comments as to the advisability and appropriateness of architecture and/or aesthetics of the requested density bonus and the proposed civic improvement(s), amenity(ies) or development action(s). The recommendation of the Architecture Review Board and any other department or consultant whose input is requested by the City Council, shall assist the City Council in determining the whether the density bonus is warranted in that instance and the proportionality of the civic improvements to that of the density bonus requested. The cost of the improvements need not equal the value of the benefits granted. The granting or denial of any density bonus shall be solely within the discretion of the City Council using the criteria set forth in this section.
[7] 
In the event an application for a zoning variance is made to the Zoning Board of Appeals to increase the number of stories in excess of the 15 stories permitted via the density bonus, the Zoning Board of Appeals should, in balancing the equities, consider whether it is practical for the applicant to provide any of the listed amenities in order to obtain a density bonus in lieu of a variance.
(8) 
Parking regulations. The MVW District is designed as a "park once" area, wherein people driving to the district are encouraged to park in one location, and then travel by foot within the area to various other destinations, rather than driving from one location to another. Design emphasis and priority is given to pedestrian circulation. As a result, the required parking in the MVW District reflects reduced off-street parking ratios for certain uses. The use of shared parking is also permitted and encouraged. The off-street parking requirements established in the Table of Off-Street Parking and Loading Requirements, set forth in Chapter 267, Attachment 3, shall apply, unless modified below, in which case the requirements of this section shall apply.
(a) 
Off-street parking requirements.
Use
Required Parking
Residential Uses
Attached one-family dwelling units
1.75 per dwelling unit
Multifamily dwellings in TOD-H
0.7 per dwelling unit containing no more than 2 bedrooms. 0.9 per dwelling unit containing more than 2 bedrooms
Multifamily dwellings in TOD-C
1.0 per dwelling unit containing no more than 2 bedrooms. 1.25 per dwelling unit containing more than 2 bedrooms
Multifamily dwellings in TOD-T
1.5 per dwelling unit containing no more than 2 bedrooms. 2.0 per dwelling unit containing more than 2 bedrooms
Nonresidential Uses
Business, professional or governmental offices
1 per 650 square feet GFA
Retail stores, shops and personal service establishments
1 per 450 square feet GFA
Restaurants
1 per 5 seats or 1 per 300 square feet of GFA, whichever is greater
(b) 
Shared parking. The concept of shared parking, whereby land uses that have different parking demand patterns are able to use the same parking spaces throughout the day, is particularly useful in a transit oriented development district, where a large percentage of trips are accommodated via public transit. Public transit reduces the overall demand for individual passenger vehicle trips and the related demand for parking. Shared parking is permitted and encouraged in the MVW district. The City Council, if the application is subject to review by the City Council or Planning Board, in all other instances, may consider the use of shared parking, according to the following provisions:
[1] 
The uses proposing to share parking spaces are different land uses as set forth in the Permitted Use Table.
[2] 
All new development that relies on shared parking must demonstrate the adequacy of the proposed parking as a result of a capacity being provided that will substantially meet the intent of the parking requirements by reason of variation in the probable time of maximum use by residents, patrons, visitors or employees among residences and establishments sharing such parking, and provided that said approval of such joint use shall be automatically terminated upon the termination of the operation of any use on which the shared parking analysis has been based. The analysis of shared parking must be based on established standards/methodology.
[3] 
In cases where shared parking is proposed between adjacent parcels under separate ownership, irrevocable cross-easements shall be required, to assure the perpetual right to share the parking spaces.
[4] 
No more than 50% of the required parking for a particular use shall be provided in a shared parking arrangement.
(c) 
Design and layout. The design and layout of off-street parking spaces shall comply with the provisions of § 267-38, except as modified herein:
[1] 
To minimize curb cuts on the roadways in the MVW district, the use of shared driveways are encouraged, where feasible.
[2] 
No curb cuts shall be permitted on lots in the TOD-C Zone fronting on Mount Vernon Avenue, Grove Street or Oak Street.
[3] 
Where feasible, driveways shall front on streets that are less pedestrian intensive.
[4] 
Off-street parking is encouraged to be as inconspicuous as possible and to incorporate landscaping and screening to the greatest extent possible to minimize its physical and visual impact.
[5] 
Off-street parking and loading areas shall be coordinated with the public street system serving the MVW district in order to avoid conflicts with through-traffic, obstruction to pedestrian walks and vehicular thoroughfares.
[6] 
All parking structures shall be designed using compatible or complementary materials to the principal buildings so that they blend in architecturally. All voids in the structures shall be architecturally treated or screened, so that lights and vehicles are not individually visible.
[7] 
Parking structures fronting on MacQuesten Avenue and Mount Vernon Avenue shall be wrapped by first floor nonresidential uses.
[8] 
Surface parking shall include streetlighting that adequately provides for safe vehicle circulation and public safety, but shall not be excessive. Light poles shall be as low as possible to achieve the desired purpose, and fixtures shall be shielded and downward directed. The use of energy efficient luminaries is encouraged.
[9] 
All pedestrian pathways across and along parking areas shall be appropriately lit with pedestrian scaled lighting fixtures.
[10] 
Vehicular access to internal parking structures shall be designed so as not to negatively impact upon major pedestrian routes. If necessary, provide "fish eye" mirrors or alarms to manage the interaction between pedestrians and vehicles.
[11] 
The potential conflicts between truck delivery, vehicular traffic, and pedestrian circulation shall be considered when designing service entries, roadways, walkways, and pedestrian entrances.
[12] 
To the extent possible, service entrances and loading areas between adjacent buildings shall be consolidated. Such service entrances shall be separated from walkways and pedestrian entrances.
[13] 
In each parking lot containing over 150 parking spaces, at least two of the parking spaces must be provided with an electric vehicle charging station.
[14] 
Spaces for handicapped car and van parking must be provided as required by law.
[15] 
Within a structured parking garage, up to 30% of the total parking spaces provided may be compact spaces. No more than six compact parking spaces may abut each other. Compact spaces may be reduced to 7.5 feet in width. All compact parking spaces must be clearly and visibly striped and labeled for compact car use only.
[16] 
All surface parking lots with frontage on a street, shall be screened as follows:
[a] 
A minimum ten-foot-wide landscaped area with a continuous row of shrubs must be provided between the street and the parking lot.
[b] 
Shrubs must be a minimum of 18 inches in height when planted and must reach a minimum size of 36 inches in height within three years of planting.
[c] 
Plantings adjacent to driveways shall be designed so as to prevent sight distance impediments, and therefore may be lower in height then specified above.
[d] 
A thirty-six-inch wall within a minimum five-foot planting strip may be substituted for a continuous row of shrubs. The design and physical appearance of the wall shall be subject to the approval of the City.
[e] 
Breaks for pedestrian and vehicle access are allowed.
[17] 
To minimize the extent of impervious surfaces and the "heat-island" effect, and to enhance the aesthetic appearance of surface parking lots, the following landscaping requirements shall apply:
267 Parking Lot Landscaping Reqs.tif
[a] 
Interior islands:
[i] 
A landscaped interior island shall be provided every 10 parking spaces. Interior islands shall be distributed evenly throughout the parking area.
[ii] 
An interior or terminal island shall be a minimum of 8.5 feet in width and 300 square feet in area.
[iii] 
All rows of parking must terminate with a landscaped terminal island. No more than 30 parking spaces may located between drive aisles.
[iv] 
Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees.
[v] 
Interior islands must be installed below the level of the parking lot surface to allow for runoff capture.
[b] 
Median islands:
[i] 
A landscape median island shall be provided between every six single parking rows.
[ii] 
A landscape median island shall be a minimum of five feet wide.
[iii] 
A median island may also serve as the location for a sidewalk. In such case, the sidewalk shall be a minimum of six feet wide, and the remaining planting area shall be no less than five feet wide.
[iv] 
Median islands may be consolidated or intervals may be expanded in order to preserve existing trees.
[v] 
Median islands must be installed below the level of the parking lot surface to allow for runoff capture.
[c] 
Tree coverage:
[i] 
Each interior island (and terminal interior island) must include at least one shade tree.
[ii] 
In no case can there be less than one tree for every 3,000 square feet of parking area.
[18] 
Off-street parking areas shall be surfaced with asphalt bituminous, concrete or other type of dustless material in accordance with the City of Mount Vernon standards and specifications and maintained in a smooth, well-graded condition.
[19] 
Pervious or semi-pervious parking area surfacing materials may be provided in accordance with the City of Mount Vernon standards and specifications. Permitted materials may include but are not limited to "grasscrete," ring and grid systems used in porous or grid pavers, or recycled materials such as glass, rubber, used asphalt, brick, block and concrete. Once installed, all pervious or semi-pervious parking areas shall be maintained in accordance with the manufactures specifications.
(9) 
267 Ground Floor Facades1.tif267 Ground Floor Facade2.tif267 Ground Floor Facade3.tif
Design guidelines. This section of the MVW form based code describes recommended design practices that have been established to create a high-quality, pedestrian friendly urban environment oriented around the Mount Vernon West train station. The principles described in this section are not considered mandatory development standards. However, all projects are strongly encouraged to utilize this section to design projects that meet the purpose and intent of these guidelines. The ultimate approval of projects will be judged in accordance with these design practices.
(a) 
Ground floor facades.
[1] 
In the context of a transit oriented district where pedestrian activity is emphasized, the design and activation of the ground floor base is imperative.
[2] 
The concept of "build-to-lines" assures that new buildings will front on the public streetscape. Creating visual interest along the base of the building, by assuring a high percentage of transparency in storefront windows is a design goal. Facade details are encouraged to vary the building texture, highlight facade articulation and break-up the building mass.
[3] 
267 Architectural Details1.tif267 Architectural Details2.tif267 Architectural Details3.tif
The provision of security grates, air conditioning units or other similar fixtures on the principal facade must be avoided.
(b) 
Architectural details.
[1] 
Building architecture creates an interesting visual environment and provides a basis for the overall character of an area.
[2] 
Architectural details are those elements that do not contribute structurally to a building's construction, but add visual interest, identify building styles, and often display superior craftsmanship. They should not be used however, as a substitute for genuine building massing and articulation.
[3] 
267 Corner Bldg Wraps1.tif267 Corner Bldg Wraps2.tif267 Corner Bldg Wraps3.tif
New construction should emphasize the use and application of a high degree of architectural detailing. Building renovations should strive to preserve unique or native vernacular details.
(c) 
Corner building wraps.
[1] 
Structures located on corner lots should be designed with multiple front facades to create a continuous pedestrian friendly and attractive public realm.
[2] 
While one side of the building may support the primary entrance, both sides of the building on a corner lot must be functionally activated.
[3] 
Service areas and building mechanical equipment should not be located along either building frontage on a corner lot.
(d) 
Functional entries.
[1] 
To improve the pedestrian experience and to facilitate the activation of the public realm surrounding individual buildings, pedestrian access points (functional entries) should be easily identifiable, inviting and accessible and located along the public frontage as often as practical. Maximizing the number of functional entries also helps to create interesting and diverse street level architecture.
267 Functional Entries1.tif
267 Functional Entries2.tif
267 Functional Entries3.tif
[2] 
Accessways into the buildings may be into lobbies, commercial spaces or common areas.
[3] 
All functional entries should meet ADA requirements, and be adequately lit.
(e) 
267 Bldg Offsets1.tif267 Bldg Offsets2.tif267 Bldg Offsets3.tif
Building off-sets.
[1] 
Building offsets serve to break-up large monotonous building facades and increase the amount of light and openness at the street level.
[2] 
The MVW building type regulations establish specific building mass requirements, which include building offset provisions. These are established as minimum requirements. Further variations to facades are encouraged.
[3] 
In instances when physical offsets are impractical, an architectural element that alters the buildings facade plane can be utilized.
(f) 
Building transitions.
[1] 
The transitional edge of the MVW District requires careful attention to assure appropriate bulk and height of structures adjacent to lower-density residential neighborhoods.
267 Bldg Transitions1.tif
267 Bldg Transitions2.tif
267 Bldg Transitions3.tif
[2] 
The massing of taller structures should be organized in a way that minimizes the apparent bulk and height of new buildings. This can be accomplished in three ways - by careful selection of building types at the zone's edges, providing landscape buffers or setbacks and providing offsets in taller buildings.
(g) 
Building materials.
[1] 
267 Bldg Materials1.tif267 Bldg Materials2.tif267 Bldg Materials3.tif
The choice of materials used for construction or renovating buildings affects the way a building relates to its neighborhood context. When designed well, a building can contribute to the continuity of street elevation, as well as emphasize a site's unique characteristics. Buildings constructed with complementary materials contribute to the interest of a streetscape. Consequently, a building's design, particularly the facade, and exterior materials can have a significant impact on how the structure is perceived.
[2] 
Exterior walls shall be clad in materials that are durable and are appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation that is consistent with the overall character of the City of Mount Vernon. The use of materials such as stone, brick and wood is preferred.
(h) 
Windows and doors.
[1] 
267 Doors.tif267 Windows.tif
Building windows and doors are not only simply utilitarian elements, but also provide ornament, adding materially to the regularity and elegance of the building.
[2] 
The dimensions and style of windows and doors and patterns of fenestration should have a relationship to the surrounding neighborhood to create a visual rhythm along the street and a sense of continuity among structures.
(i) 
Signs.
[1] 
The provision of high quality signage, both as a communication tool and as a component of building form is a goal in the MVW District. Creative and unique sign designs are encouraged while cluttered and unattractive streetscapes must be prevented.
[2] 
In general, effectively designed signs should respond to the site, landscape, and architectural design context within which they are located. Signs should be compatible in scale, proportion, and design with the building's facade and its surroundings. Painted window signs should not be too large or obscure transparency. Internally illuminated "sign boxes" should be avoided, as should excessive lighting of all varieties. Projecting signs, perpendicular to the sidewalk are effective when properly scaled for pedestrian use. Graphics should be well-designed and legible. The use of neon can be acceptable, when employed properly.
[3] 
The signage requirements established in Article XIII shall apply.
267 Signs1.tif
267 Signs3.tif
267 Signs2.tif
267 Signs4.tif
267 Signs6.tif
267 Signs5.tif
(j) 
Site lighting.
[1] 
267 Site Lighting.tif
Effective exterior site lighting is an important element in the overall appearance and operation of a project.
[2] 
The quality of light, level of light as measured in footcandles, and the type of bulb or source should be carefully addressed. Lighting levels should not be so intense as to draw attention to the glow or glare of the project site. The lighting plan should incorporate current energy-efficient fixtures such as LED and similar technologies.
[3] 
Spotlighting or glare from any site lighting should be shielded from adjacent properties and directed at a specific object or target area to prevent light trespass. Exposed bulbs should not be used.
[4] 
Building light fixtures should be designed or selected to be architecturally compatible with the main structure. The height of light poles should be appropriately scaled to the project.
(k) 
Building services.
[1] 
267 Bldg Services1.tif267 Bldg Services2.tif267 Bldg Services3.tif
To create a more attractive pedestrian friendly environment, utilitarian features, such as trash facilities, loading docks, HVAC equipment and aboveground utility infrastructure, should be out of the public's view. Ground level services should be located at the rear of the building, if possible. A screen wall should be used to camouflage the service features if optimal placement does not adequately screen the features from the public realm. Landscape treatments may be appropriate to soften the interface of the equipment.
[2] 
The location, design and visibility of vehicular drive-through facilities should respect the pedestrian environment, the desired urban density and the aesthetics of the facility. Drive-through entrance and exit lanes should not be located on the primary pedestrian thoroughfares of MacQuesten Parkway or Mount Vernon Avenue. Drive-through bays, stacking areas and queues should be screened from the public realm.
(l) 
Project open spaces.
[1] 
267 Proj Open Spaces1.tif267 Proj Open Spaces2.tif267 Proj Open Spaces3.tif
Residential developments and mixed-use projects require the provision of usable open space for residents. These amenities increase light and air to dwelling units, enhance the aesthetics of projects and the environmental quality of neighborhoods, promote physical activity, afford stormwater management opportunities, increase social interaction opportunities with neighbors and increase safety by providing "eyes on the space."
[2] 
Usable open space can be provided in outdoor spaces such as courtyards, walkways, rooftops, balconies and terraces and garden plots. Indoor facilities such as fitness centers or swimming pools can also be used to meet the usable open space requirements of a project.
[3] 
Unique features such as green roofs and green or "living" walls are also beneficial open space amenities.
(m) 
Streetscape.
[1] 
Great streetscapes are the center of public life. They brand a neighborhood, giving it a cultural identity and shaping the perceptions of the area. The elements of the streetscape can create a place of vitality and activity.
[2] 
267 Streetscape1.tif267 Streetscape2.tif267 Streetscape3.tif
The streetscape is composed of three zones: the pedestrian zone, public amenity zone and frontage zone.
[3] 
Sidewalks, a minimum of 15 feet wide are required throughout the district. Curb cuts should be minimized and clearly marked. Street trees with grates should be provided at thirty-foot intervals. Planters are encouraged containing seasonal plantings and flowers. Wayfinding signage should be provided to assist pedestrian navigation through the area. Banners and flags can be used to announce special events and to help brand the district, as can public art. Street and pedestrian lighting should illuminate at a level consistent with pedestrian activity. Benches, seating and other street furniture should be selectively sited to take advantage of sunshine in winter and shade in summer. The provision of bus stops is an essential component to the MVW District, as are bicycle racks that should be located at regular intervals.
(n) 
Traffic calming.
[1] 
267 Traffic Calming1.tif267 Traffic Calming2.tif267 Traffic Calming3.tif
The safety of pedestrians and cyclists in a transit oriented district is imperative. Traffic calming is an effective method to minimize conflicts between motorists and pedestrians.
[2] 
Traffic calming involves changes in street alignment, installation of barriers, and other physical measures to reduce traffic speeds and/or cut-through volumes, in the interest of street safety, livability, and other public purposes.
[3] 
Traffic calming measures include speed humps, speed tables, raised crosswalks, raised intersections, textured pavement, traffic circles, roundabouts, chicanes, neck-downs, chokers among other measures.
(o) 
Pedestrian and bicycle circulation.
[1] 
In order to facilitate pedestrian movement throughout the district, sidewalks a minimum of 15 feet wide are required.
[2] 
267 Ped and Bicycle Circulation1.tif267 Ped and Bicycle Circulation2.tif267 Ped and Bicycle Circulation3.tif
Pedestrian crosswalks across streets should have pedestrian controls (walk/don't walk signals) and improved with a different pavement treatment to differentiate it from the street paving. Corner clearances should be minimized (neck-downs) so that the distance a pedestrian must cross the road is reduced. Larger surface parking lots should provide separate pedestrian connects through the parking lot.
[3] 
Bicycle circulation should be accommodated via the provision of defined bike lanes (four feet in width) and signed bike routes. Short-term bike parking (bike racks) in retail areas and long-term bike parking (lockers, covered corrals, etc) at commutation points and businesses, are necessary. Businesses should provide on-site shower and changing facilities for employees.
(p) 
Landscaping.
[1] 
Landscaping enhances the visual image of the City, preserves natural features, improves property values, and alleviates the impact of noise, traffic, and visual distraction associated with certain uses. It aids in energy conservation and promotes urban wildlife habitats.
[2] 
267 Landscaping1.tif267 Landscaping2.tif267 Landscaping3.tif
Trees and shrubs should be located and spaced to allow for long-term growth. Evergreen and deciduous or flowering trees should be used in combination to create visual interest and to create a dynamic landscape. Accent planting should be used around entries and key activity hubs.
[3] 
Screening should be used to protect less intensive uses from the impacts of more intrusive uses and to block views of less desirable features from public view (trash enclosures, etc.).
[4] 
The use of native plants is preferred. Xeriscaping is encouraged to promote water conservation, reduce maintenance requirements, and decrease flooding. Recycled grey water should be used for irrigation.
[5] 
Landscaping should be coordinated with stormwater management plans, and features such as rain gardens and planted infiltration basins should be considered.
(q) 
Sustainability and green building.
[1] 
267 Sustain Green Bldg.tif267 Sustain Green Bldg2.tif267 Sustain Green Bldg3.tif
Sustainability and green building refers to the practice of creating structures using a process that is environmentally responsible and resource-efficient throughout a building's life-cycle: from siting to design, construction, operation, maintenance, renovation, and demolition.
[2] 
Elements include the construction of buildings that are energy efficient (high levels of insulation, high-performance windows) and that use renewable resources (passive solar heating, daylighting), are designed for durability, future reuse and adaptability, use low maintenance building materials with low embodied energy. Building materials should be locally sourced, with a high percentage of salvaged and recycled materials. Install high efficiency heating and cooling equipment, high efficient lights and appliances and water efficient equipment.
(r) 
Bird-friendly building design.
[1] 
Bird collisions with tall buildings have been identified as a significant issue, particularly during the spring and fall migrations. Reducing bird mortality can be accomplished by employing bird-friendly building techniques.
[2] 
267 Bird Friendly Bldg Design1.tif267 Bird Friendly Bldg Design2.tif267 Bird Friendly Bldg Design3.tif
Three basic design techniques exist to minimize bird collisions:
[a] 
Minimize the use of glass.
[b] 
Place glass behind screening.
[c] 
Use glass with properties that reduce collisions.
[3] 
Design techniques include the use of netting, screens, grilles shutters and exterior shades; employing awnings and overhangs; using angled glass; using patterned glass; using UV patterned glass; using opaque or translucent glass; using window films; applying decals or tape or installing interior shades or blinds. Reference should be made to the New York City Audubon Society publication "Bird Friendly Building Design."
(10) 
Administration. The transit oriented, pedestrian friendly zoning standards and requirements set forth herein are designed to provide specific guidance for the development of property and street enhancements within the MVW District while allowing for flexibility and creativity in project design in order to foster the appropriate growth of the area in an orderly and desirable fashion.
(a) 
Project review and approval.
[1] 
Three approval tracks are available in the MVW District:
[a] 
No review.
[i] 
Under this track, if a project is classified as a Type II Action pursuant to the State Environmental Quality Review Act ("SEQRA"), site plan approval from the Planning Board or the issuance of a certificate of appropriateness from the Architectural Review Board is not required. While formal approval is not required, the Architectural Review Board shall be provided the opportunity to review and comment on the application. Upon the acceptance of a complete application by the Department of Planning and Community Development, the application shall be referred to the Architectural Review Board. Within 35 days of its receipt, the Architectural Review Board shall forward their review comments back to the Department of Planning and Community Development.
[ii] 
In order to effectuate the no review track, the City must adopt the Type II list contained in Part 617.5 of the SEQRA Regulations and must also add to this list the following:
[A] 
Any single use permitted in the MVW District that is proposed for a single existing lot, with frontage on and direct access to a street improved to City standards, access to all utilities, is below all Type I thresholds, is not adjacent to any critical environmental area or parkland, is not within 500 feet of any municipal boundary and meets all bulk, design and other requirements of the MVW District and the zone within which the proposed development is located, without any waiver or exception ("MVW Type II").
[iii] 
The City Council may adopt or periodically amend its own Type II list, following a public hearing. The list must then be filed with the Commissioner of the New York State Department of Environmental Conservation, who will maintain the list to serve as a resource for agencies and interested persons. The Commissioner will provide notice in the environmental notice bulletin of such procedures upon filing. The City's Type II list may not be less protective of the environment than the statewide Type II list established in Section 617.5 of the SEQRA regulations. Any activities added to the City's Type II list shall only apply in the City of Mount Vernon, and do not apply to any agencies in other jurisdictions.
[b] 
Expedited review.
[i] 
Under this review track, an Expedited Review Committee consisting of the Commissioner of Planning and Community Development, Commissioner of Buildings and Commissioner of Public Works shall review an eligible application and shall within 30 days of the receipt of a complete application, provide a recommendation of approval or denial to the City Council and Architectural Review Board. If the Committee recommends approval, the application then goes to the City Council and Architectural Review Board, which shall grant approval, approval with modifications or denial within 35 days, or 65 days in the event the Applicant is also seeking a density bonus, unless more time is needed due to scheduling conflicts or in order to comply with other provisions of state or local law, in which case the City Council and Architectural Review Board shall act as soon as practicable, without the need for a public hearing.
[ii] 
This track is for projects larger than those described in Subsection B(10)(a)[1][a] above that also fully comply with the provisions of the MVW Zone.
[iii] 
In order for a project to be eligible for expedited review, the following conditions shall be met:
[A] 
The development must be wholly located within the MVW-H, MVW-H(NC), MVW-C, MVW-T, MVW-T(NC) zones.
[B] 
No waivers or variances are required.
[C] 
The applicant must document that the project complies with all findings of the SEQRA generic environmental impact statement adopted for the MVW rezoning, and will not result in any impacts that exceed the thresholds established therein.
[D] 
The proposed action is classified as either a Type II (other than an MVW Type II) or unlisted action pursuant to SEQRA, 6 NYCRR, Part 617. Type I Actions are not eligible for expedited review.
[E] 
The project does not exceed 249 dwelling units or 99,000 square feet of nonresidential gross floor area.
[c] 
Full review.
[i] 
The full review track would be required for all projects that are not eligible for expedited review or no review, have received a recommendation of a denial by the Expedited Review Committee.
[ii] 
Projects following the full review track shall comply with the requirements of Chapter 267 Article VII, Site Plan Approval, and Chapter 10 of the City Charter.
[2] 
In all instances, applications for full review approval in the MVW District, shall follow the following process:
[a] 
Pre-application conference.
[i] 
Prior to completion of project design and formal submittal of the required application, an applicant must schedule a pre-application conference with representatives of the City of Mount Vernon Department of Planning and Community Development, Building Department and Department of Public Works to discuss the procedures, standards and regulations.
[ii] 
A request for a pre-application conference by a potential applicant must be accompanied by preliminary project plans and designs and the required filing fee.
[iii] 
The representatives of the Department Planning and Community Development, Building Department and Department of Public Works will inform the applicant of the requirements as they apply to the proposed project, provide a preliminary list of issues that will likely be of concern during formal application review, suggest possible modifications to the project, and identify any technical studies that may be necessary for the review process when a formal application is submitted.
[iv] 
The representatives of the Department of Planning and Community Development, Building Department and Department of Public Works shall determine which of the three project review tracks the project must follow, no review, expedited review or full review.
[b] 
Application requirements.
[i] 
All site plan applications shall be prepared in accordance with the requirements of § 267-33.
[ii] 
In addition to the requirement to submit an environmental assessment form with the application (whether a short or full EAF is required shall be determined at the pre-application conference), the applicant shall also submit a report documenting whether the project complies with all Findings of the SEQRA Generic Environmental Impact Statement adopted for the MVW rezoning, and will not result in any impacts that exceed the thresholds established therein, or in the alternative, shall specifically identify areas where the project is inconsistent or nonconforming.
[c] 
Completeness review.
[i] 
All applications must be sufficient for processing before the Department of Planning and Community Development shall accept the application for review.
[ii] 
Within 15 calendar days of the receipt of the application, the Department of Planning and Community Development must notify the applicant in writing whether or not the application is complete or whether additional information is required.
[iii] 
An application for site plan approval and/or certificate of appropriateness shall be sufficient for processing when it contains all of the information necessary to decide whether or not the development as proposed will comply with all of the requirements of the Code.
[iv] 
If the Department of Planning and Community Development determines that the application is not complete and additional information is required, then the applicant shall provide any and all additional information requested.
[v] 
If the applicant does not submit the additional requested information in a form deemed to be satisfactory or otherwise complete the application within 45 days after the Department of Planning and Development has notified the applicant in writing that additional information is required, the application shall be deemed to be abandoned and the application fee and any other fee submitted shall be forfeited.
[vi] 
This does not prevent any applicant from resubmitting an application if the same has been abandoned, so long as all of the above steps are completed.
[d] 
Required public hearing.
[i] 
A duly noticed public hearing shall be held for all applications processed under the full review track.
[ii] 
The Expedited Review Committee may require that a public hearing be held for a site plan and/or certificate of appropriateness processed under the expedited review track, if community input is determined to be necessary to allow for a well-informed approval decision to be rendered.
(b) 
Decisionmaking. In rendering a decision, the Expedited Review Committee, City Council and/or Architectural Review Board shall take into consideration the following criteria:
[1] 
Compatibility with the City's long range goals and planning strategy;
[2] 
The project does not adversely change the neighborhood character;
[3] 
The project fosters mixed use development patterns within appropriate areas;
[4] 
The project conceals density through building design where appropriate;
[5] 
The project will encourage appropriate use of the land in accordance with general purposes, intent and spirit of this chapter and not detrimental to surrounding property values;
[6] 
The safety, health, welfare or the order of the City shall not be adversely affected by the proposed use and its location;
[7] 
The site is suitable for the location of such use in the City;
[8] 
That the proposed project is consistent with all findings of the SEQRA generic environmental impact statement adopted for the MVW rezoning;
[9] 
That there is sufficient roadway access to provide for emergency services while reducing transportation needs;
[10] 
That proposed landscaping and buffer areas have natural and attractive plantings that are compatible with the adjacent area and terrain;
[11] 
That the applicant exhibits the wherewithal to complete the project;
[12] 
That the project provides for innovative and imaginative approaches to transit oriented development that does not detract from the existing neighborhood character;
[13] 
That the proposed project has appropriate height, scale, mass, size, shape and density in relationship to its location, and consistent with the MVW zoning provisions;
[14] 
The historical, architectural and/or cultural significance of the existing site or existing structures is assesses to address local significance;
[15] 
That there is the consideration of the staff recommendation.
(c) 
Supplemental standards.
[1] 
Merging tax lots. A property owner who owns two or more contiguous parcels of land that are subject to the same mortgages, liens or encumbrances within the MVW Zoning District shall merge all directly or indirectly associated tax lots for municipal regulation and tax purposes through the Office of the City Tax Assessor.
[2] 
Utility location. Utilities shall be installed underground and any above ground equipment shall be located away from pedestrian street corners. Equipment boxes and vaults should be placed in back of the sidewalk and where landscaping can minimize or screen their impact. Relocation of provisions for private and public underground utility systems shall be made, as needed. These requirements may be waived by the Planning Board in situations where it is determined that the underground installation of utilities is not appropriate and/or that adjoining land uses, topographic features or existing vegetation satisfy the same purpose in terms of minimizing or screening equipment boxes and/or vaults. The costs of relocating the underground utility lines shall, where appropriate, be borne by the utility companies and/or private developers, pursuant to the appropriate laws, regulations and ordinances.
[3] 
Historic commemoration. Applicants are required to commemorate any/all historically, culturally, architecturally and/or archaeologically significant site(s), as identified by the Department of Planning and Community Development staff. This commemoration shall include at least, but not limited to one of the following: a monument; memorial, marker; plaque; mural and/or other method acceptable to the City. Such commemoration shall be approved by the Planning Board during site plan approval. The Planning Board shall consider the following items when rendering its decision regarding historic commemoration:
[a] 
Location of commemoration;
[b] 
Ownership of commemoration;
[c] 
Appropriateness of commemoration;
[d] 
Maintenance of commemoration;
[e] 
Durability of materials;
[f] 
Scale of commemoration; and
[g] 
Level of design/craftsmanship incorporated.
[4] 
Interior construction. To foster and encourage larger total commercial floor area along the ground floor of structure(s) within the MVW Zoning District, interior commercial space along the ground floor shall be constructed and/or designed to maximize the total amount of usable commercial ground floor area. Accordingly, structural supports and/or beams shall be located, placed, installed, constructed and/or designed to allow the flexibility of ground floor commercial spaces to be temporarily internally subdivided without affecting the structural integrity of the overall structure(s) in the event the internal ground floor commercial space must be recombined for greater marketability purposes.
[5] 
Affordable housing unit location. In instances where a development includes affordable or workforce housing units, said units shall be fully integrated into and dispersed throughout the project so as to be indistinguishable from other market rate units. Affordable or workforce units shall not be isolated, clustered or grouped. Additionally, access to affordable and workforce housing units shall be provided in a manner similar to all other market rate units, and shall not be physically segregated. Affordable and workforce housing units shall be designed, constructed and finished in a manner similar to the other market rate units within the project.
A. 
District NB Neighborhood Business.
(1) 
Permitted principal uses.
(a) 
Public schools.
(b) 
Business, professional or governmental offices.
(c) 
Stores and shops exclusively for sales at retail or the performance of customary personal services.
(d) 
Museums and/or art galleries.
(e) 
Medical and/or dental offices.
(f) 
Medical laboratories.
(g) 
Business and/or trade schools.
(h) 
Retail laundries or retail dry cleaners.
(i) 
Hotels and motels.
(j) 
Motor vehicle dealerships.
(k) 
Retail laundries and retail dry cleaners.
(l) 
Bars, nightclubs and catering halls as regulated by Chapter 267, Article V.
(m) 
Bakeries, retail.
(n) 
Restaurants.
(o) 
Restaurants, carry-out.
(p) 
Restaurants, fast-food (excluding drive-up window service).
(q) 
Municipal uses of the City of Mount Vernon.
(r) 
Cannabis dispensaries and consumption sites, as regulated by Chapter 267, Article XIV.
[Added 1-24-2024 by L.L. No. 1-2024, approved 2-9-2024]
(2) 
Permitted accessory uses. Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth station or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Funeral parlors.
(e) 
Offices for drug rehabilitation purposes.
(f) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(g) 
Banks.
(h) 
Motor vehicle service stations as regulated by Chapter 267, Article VI.
(i) 
Motor vehicle rental agencies.
(j) 
Off-street parking facilities. (See Article VIII.)
(k) 
Public utility uses as regulated by Chapter 267, Article VI.
(l) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
(m) 
Social clubs as regulated by Chapter 267, Article V.
B. 
District OB Office Business.
(1) 
Permitted principal uses.
(a) 
Business, professional or governmental offices.
(b) 
Medical and/or dental offices.
(c) 
Hotels.
(d) 
Banks.
(e) 
Restaurants.
(f) 
Bars, nightclubs and catering halls as regulated by Chapter 267, Article V.
(g) 
Stores and shops exclusively for sales at retail or the performance of customary personal services.
(h) 
Medical laboratories.
(i) 
Public schools.
(j) 
Museums and art galleries.
(k) 
Municipal uses of the City of Mount Vernon.
(l) 
Cannabis dispensaries and consumption sites, as regulated by Chapter 267, Article XIV.
[Added 1-24-2024 by L.L. No. 1-2024, approved 2-9-2024]
(2) 
Permitted accessory uses. Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth station or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Motor vehicle rental agencies.
(e) 
Funeral parlors.
(f) 
Theaters and/or concert halls.
(g) 
Off-street parking facilities.
(h) 
Offices for drug rehabilitation purposes.
(i) 
Public utility uses as regulated by Chapter 267, Article VI.
(j) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
C. 
District DB Downtown Business.
(1) 
Permitted principal uses.
(a) 
Business, professional or governmental offices.
(b) 
Stores and shops for sales at retail or the performance of customary personal services.
(c) 
Hotels.
(d) 
Bakeries, retail.
(e) 
Restaurants.
(f) 
Restaurants, carry-out.
(g) 
Restaurants, fast-food (excluding drive-up window service).
(h) 
Bars, nightclubs and catering halls as regulated by Chapter 267, Article V.
(i) 
Medical and dental offices.
(j) 
Theaters and/or concert halls.
(k) 
Museums and/or art galleries.
(l) 
Retail laundries and retail dry cleaners.
(m) 
Motor vehicle dealerships.
(n) 
Municipal uses of the City of Mount Vernon.
(o) 
Cannabis dispensaries and consumption sites, as regulated by Chapter 267, Article XIV.
[Added 1-24-2024 by L.L. No. 1-2024, approved 2-9-2024]
(2) 
Permitted accessory uses. Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth station or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Banks.
(e) 
Funeral parlors.
(f) 
Offices for drug rehabilitation purposes.
(g) 
Motor vehicle rental agencies.
(h) 
Motor vehicle service stations as regulated by Chapter 267, Article VI.
(i) 
Off-street parking facilities. (See Article VIII.)
(j) 
Public utility uses as regulated by Chapter 267, Article VI.
(k) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
(l) 
Multifamily dwellings regulated by Chapter 267, Article VI.
D. 
District CB Commercial Business.
(1) 
Permitted principal uses.
(a) 
Hotels and/or motels.
(b) 
Community purpose buildings.
(c) 
Business, professional or governmental offices.
(d) 
Stores and shops for sales at retail or the performance of customary personal services.
(e) 
Manufacture and/or assembly of products for retail sale on the premises only, provided that not more than 50% of the gross floor area of any establishment be so used.
(f) 
Retail laundries or retail dry cleaners.
(g) 
Banks.
(h) 
Bakeries, retail.
(i) 
Restaurants.
(j) 
Restaurants, carry-out.
(k) 
Restaurants, fast-food (excluding drive-up window service).
(l) 
Bars, nightclubs and catering halls as regulated by Chapter 267, Article V.
(m) 
The storage of commercial vehicles within fully enclosed buildings.
(n) 
Funeral parlors.
(o) 
Beverage bottling and distribution as regulated by Chapter 267, Article V.
(p) 
Bowling alleys and billiard halls.
(q) 
Printing plants.
(r) 
Medical and/or dental offices.
(s) 
Medical and/or dental laboratories.
(t) 
Car washes as regulated by Chapter 267, Article VI.
(u) 
Theaters and/or concert halls.
(v) 
Animal hospitals.
(w) 
Motor vehicle dealerships.
(x) 
Municipal uses of the City of Mount Vernon.
(y) 
Cannabis dispensaries and consumption sites, as regulated by Chapter 267, Article XIV.
[Added 1-24-2024 by L.L. No. 1-2024, approved 2-9-2024]
(2) 
Permitted accessory uses. Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth station or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Restaurants, fast-food, with drive-up window service as regulated by Chapter 267, Article VI.
(c) 
Offices for drug rehabilitation purposes.
(d) 
Motor vehicle service stations as regulated by Chapter 267, Article VI.
(e) 
Wholesale businesses, including storage, warehousing and distribution in fully enclosed buildings.
(f) 
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings, as regulated by Chapter 267, Article VI.
(g) 
Off-street parking facilities. (See Article VIII.)
(h) 
Public utility uses as regulated by Chapter 267, Article VI.
(i) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
(j) 
Social clubs as regulated by Chapter 267, Article V.
E. 
District LI-7.5, LI-15 Landscaped Industrial.
(1) 
Permitted principal uses.
(a) 
Business, professional or governmental offices.
(b) 
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(c) 
Motor vehicle dealerships.
(d) 
Banks.
(e) 
Restaurants, fast-food (excluding drive-up window service).
(f) 
Restaurants.
(g) 
Funeral parlors.
(h) 
Retail dry cleaning.
(i) 
Animal hospitals.
(j) 
Printing plants.
(k) 
Municipal uses of the City of Mount Vernon.
(l) 
Cannabis dispensaries and consumption sites, as regulated by Chapter 267, Article XIV.
[Added 1-24-2024 by L.L. No. 1-2024, approved 2-9-2024]
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
Stores and shops for sales at retail, provided that such products are manufactured or assembled on the premises.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth station or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Restaurants, fast-food, with drive-up window service as regulated by Chapter 267, Article VI.
(c) 
Bars, nightclubs and catering halls as regulated by Chapter 267, Article V.
(d) 
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(e) 
Liquefied petroleum gas (LPG) distribution points as regulated by Chapter 267, Article V.
(f) 
Public utility uses as regulated by Chapter 267, Article VI.
(g) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
F. 
District I Industry.
(1) 
Permitted principal uses.
(a) 
Business, professional or governmental offices.
(b) 
Manufacture, fabrication, finishing or assembling of products, in fully enclosed buildings.
(c) 
Animal hospitals.
(d) 
Car washes.
(e) 
Motor vehicle rental agencies.
(f) 
Motor vehicle dealerships.
(g) 
Banks.
(h) 
Restaurants, fast-food (excluding drive-up window service).
(i) 
Restaurants.
(j) 
Printing plants.
(k) 
Beverage bottling and distribution.
(l) 
Wholesale businesses, including storage, warehousing and distribution, in fully enclosed buildings.
(m) 
Storage of motor vehicles.
(n) 
Storage of commercial or industrial vehicles or construction equipment and/or supplies.
(o) 
Trucking terminals and truck trailer storage as regulated by Chapter 267, Article V.
(p) 
Fuel distribution businesses and/or facilities.
(q) 
Municipal uses of the City of Mount Vernon.
(r) 
Cannabis dispensaries and consumption sites, as regulated by Chapter 267, Article XIV.
[Added 1-24-2024 by L.L. No. 1-2024, approved 2-9-2024]
(2) 
Permitted accessory uses. Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth station or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Cemeteries.
(c) 
Restaurants, fast-food, with drive-up window service as regulated by Chapter 267, Article VI.
(d) 
Bars, nightclubs and catering halls as regulated by Chapter 267, Article V.
(e) 
Motor vehicle service stations as regulated by Chapter 267, Article VI.
(f) 
Motor vehicle body repair shops as regulated by Chapter 267, Article VI.
(g) 
Outdoor storage.
(h) 
LPG distribution points and/or facilities as regulated by Chapter 267, Article V.
(i) 
Asphalt heating and/or mixing facilities as regulated by Chapter 267, Article VI.
(j) 
Public utility uses as regulated by Chapter 267, Article VI.
(k) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
(l) 
Adult entertainment store, subject to all conditions listed in Chapter 267, Article VI.
(m) 
Adult live entertainment business, subject to all conditions listed in Chapter 267, Article VI.
(n) 
Adult motion-picture theater, subject to all conditions listed in Chapter 267, Article VI.
A. 
Bars, nightclubs and catering halls. No bar, nightclub and/or catering establishment shall be permitted to be established within 200 feet of a building occupied exclusively as a public school, public housing project, church or other place of worship measured along street lines between their closest entrances.
B. 
Nonresidential uses prohibited adjacent to residence districts. Notwithstanding any other requirements of this chapter, the following nonresidential uses are prohibited on any lot directly adjoining and/or opposite a residence district:
(1) 
Beverage bottling and/or distribution.
(2) 
Car wash.
(3) 
LPG distribution points and/or facilities.
(4) 
Trucking terminals and truck trailer storage.
A. 
District R1-TH One-Family Townhouse Residence.
(1) 
Permitted principal uses.
(a) 
One-family dwellings and attached dwelling units.
(b) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
Swimming pools as regulated by Chapter 267, Article IV.
(c) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(d) 
Customary home occupations as regulated by Chapter 267, Article V.
(3) 
Uses allowed by special permit.
(a) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(b) 
Public utility uses as regulated by Chapter 267, Article VI.
(c) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
B. 
District RMF-SC Multifamily Senior Citizen Housing Floating Zone.
(1) 
Permitted principal uses.
(a) 
Senior citizen housing.
(b) 
Senior residential health-care facility.
(c) 
Assisted-living residence.
(d) 
Adult retirement community.
(e) 
Enriched housing.
(f) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which directly serve the residents of the principal use such as pharmacies, kitchens, personal services, parking facilities and offices.
(b) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Community center.
(f) 
Medical and dental offices.
(g) 
Medical-care facilities.
(h) 
Public schools.
(i) 
Business, professional or governmental offices.
(j) 
Medical supply stores.
(k) 
Museums and/or art galleries.
(l) 
Medical laboratories.
(m) 
Business and/or trade schools.
(n) 
Retail laundries and retail dry cleaners.
(o) 
Shops for the performance of customary personal services.
(p) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(q) 
Senior citizen oriented adult day care.
C. 
District UR-PUD Urban Renewal Planned Unit Development as regulated by Chapter 267, Article V.
(1) 
Permitted principal uses.
(a) 
One-family dwellings and attached dwelling units.
(b) 
Two-family dwellings.
(c) 
Multifamily dwellings.
(d) 
Public schools.
(e) 
Community purpose buildings.
(f) 
Office space for physicians, surgeons and dentists, located within the lobby or lowest residential story of a multifamily dwelling, limited to not more than 30% of the total rentable floor area of that story, and subject to all the off-street parking requirements as set forth in Chapter 267, Article VIII of this chapter.
(g) 
Business, professional or governmental offices.
(h) 
Hotels.
(i) 
Banks.
(j) 
Restaurants.
(k) 
Museums and art galleries.
(l) 
Theaters and/or concert halls.
(m) 
Municipal uses of the City of Mount Vernon.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(b) 
The keeping of not more than one roomer in one rooming unit.
(c) 
Swimming pools as regulated by Chapter 267, Article IV.
(d) 
Basketball courts, tennis courts and paddle tennis courts as regulated by Chapter 267, Article IV, but not in required yard areas.
(e) 
Office in residence of a professional person and customary home occupations as regulated by Chapter 267, Article V.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
(d) 
Domiciliary-care facilities as regulated by Chapter 267, Article VI.
(e) 
Universities, colleges and private schools as regulated by Chapter 267, Article VI.
(f) 
Satellite earth stations or dish antennas as regulated by Chapter 267, Article VI, but only when accessory to a permitted principal use on the lot on which it is located.
(g) 
Public utility uses as regulated by Chapter 267, Article VI.
(h) 
Uses of other governmental agencies as regulated by Chapter 267, Article VI.
D. 
District PUD-2 Planned Unit Development as regulated by Chapter 267, Article VI.
(1) 
Permitted principal uses.
(a) 
Multifamily dwellings.
(b) 
Community purpose buildings.
(c) 
Municipal uses of the City of Mount Vernon.
(d) 
Business, professional or governmental offices.
(e) 
Business incubator space.
(f) 
Stores and shops exclusively for sales at retail for the performance of customary personal services.
(g) 
Restaurants.
(h) 
Universities, colleges and private schools.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(3) 
Uses allowed by special permit.
(a) 
Churches, mosques, synagogues or other places of worship.
(b) 
Day-care centers.
(c) 
Nursery schools.
E. 
PAP - Planned Adjacent Park Zoning District as regulated by Chapter 267, Article V, § 267-12.
[Added 11-10-2021]
(1) 
Permitted principal uses.
(a) 
Business, professional or governmental offices.
(b) 
Park, ball field or plaza.
(c) 
Research, experimental, testing and/or development activities where manufacturing, fabrication, production, testing, repair, indoor storage, sale or resale of materials, goods, and products which are purchased and reassembled are incidental to the principal use, and take place indoors.
(d) 
Uses supportive and complementary to a specific research and development industry and intended primarily to serve businesses and employees therein, but not to exceed 5% of the total acres, excluding street rights-of-way, or 5% of the total floor space of the research and development park; including business service establishments, personal service establishments, health and fitness centers, restaurants excluding drive-through facilities; and provided such uses are not in freestanding buildings.
(e) 
Conference or training centers.
(f) 
Cultural centers, museum and art galleries.
(g) 
Restaurants.
(h) 
Agriculture, horticulture, or forestry or fishery.
(i) 
Day camps.
(j) 
Health and fitness centers.
(k) 
Libraries.
(l) 
Performance arts center, theaters and/or concert halls.
(m) 
Golf courses.
(n) 
Parking for the surrounding park.
(o) 
Interactive Science and Technology Center.
(p) 
Recreation establishment, outdoor and indoor.
(q) 
Data center.
(r) 
Repository of archives.
(s) 
Summer theatre/amphitheatre/theatre.
(t) 
Community purpose.
(u) 
Arboretum.
(v) 
Aviary.
(w) 
Aquarium.
(x) 
Botanical garden.
(y) 
Plant nursery.
(z) 
Educational institution, day care, nursery school, after school.
(aa) 
Reselling, fabrication, assembly, or packaging of materials, which take place indoors, and are not adverse to surrounding neighborhood.
(2) 
Permitted accessory uses.
(a) 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located, including maintenance and community buildings serving uses on the site.
(3) 
Temporary uses.
(a) 
Carnivals, fairs, and festivals, including music festivals.
(b) 
Specialty shows, such as animal shows, bazaars, business shows, merchandise shows, circuses, antique shows, expositions, horse shows, dog shows, and flea markets.
(c) 
Sale of Christmas trees in the winter or other seasonal commodities such as pumpkins in the fall and/or watermelons during summer.
(4) 
Uses allowed by special permit.
(a) 
Wireless telecommunication facilities.
(5) 
Prohibited uses.
(a) 
Outdoor storage, including, but not limited to, bulk storage, supplies, pallets, machinery and equipment.
(b) 
Indoor or outdoor vehicular repair and maintenance.
(c) 
Use of the site, including entering, exiting or parking, by commercial vehicles.
A. 
Eligibility. The minimum parcel size shall be no less than four acres and the maximum parcel size shall be no greater than 20 acres. Eligible parcels must abut a street with a paved roadway of such width as shall be deemed appropriate by the City Council after recommendation by the Planning Board.
B. 
Size of dwellings. All buildings may have up to four attached dwelling units. No more than 50% of the permitted dwelling units shall be in buildings with a maximum length of 120 feet. The balance of the permitted units shall be in buildings with a maximum permitted length of 100 feet. Where special topographical and/or environmental conditions, such as steep slopes, rock outcroppings, wetlands, a stand of major trees or a unique ecological resource, would be better protected, the Planning Board may permit an increase in the number of dwelling units which may be in buildings of four attached units with a maximum length of 120 feet.
C. 
Recreation facilities. The use of any recreation buildings and structures shall be limited to the residents of the dwellings in the development and their nonpaying guests. No entertainment, live or mechanical, or the use of outdoor public address systems shall be permitted.
A. 
Purpose. The City Council determined that due to the rising population of senior citizens within the City, a provision for such housing is necessary to accommodate this growing segment of the population while retaining the City's existing character.
B. 
Creation of sub areas. In order to effectively carry out the provisions of this section, there are hereby created and established certain "development intensity areas" which distinguishes the inclusion of senior citizen housing in the residential areas from the inclusion of senior citizen housing in the City's commercial areas. These areas are the Residential Area and Commercial Corridor Area.
C. 
Eligibility. The RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone District is an established, unmapped floating overlay zone. Parcels eligible for RMF-SC designation by the City Council shall be currently zoned RMF-10, RMF-15, R1-7, CB, DB, OB, NB or H and located within the area delineated on the "Areas Eligible for RMF-SC Designation Map," found in attachments of Chapter 267 of this Code and are listed by section, block and lot as follows:
[Amended 1-27-2021, approved 1-28-2021]
Section-Block-Lot
Section-Block-Lot
Section-Block-Lot
Section-Block-Lot
165.46-1101-9
164.76-1064-26
165.45-1099-12
165.38-1047-1
165.46-1101-10
164.76-1064-27
165.45-1099-15
165.38-1047-2
165.46-1101-11
164.76-1064-28
165.45-1100-1
165.38-1047-3
165.46-1101-12
164.76-1064-29
165.45-1100-2
165.38-1047-4
165.46-1101-13
164.76-1064-30
165.45-1100-3
165.38-1047-5
164.68-1063-2
164.76-1064-31
165.45-1100-4
165.38-1047-6
164.68-1063-3
164.76-1064-32
165.45-1100-5
165.38-1047-7
164.68-1063-4
164.76-1064-33
165.45-1100-6
165.38-1047-8
164.68-1063-5
164.76-1064-34
165.45-1100-7
165.38-1047-9
164.76-1063-7
164.76-1064-35
165.45-1100-8
165.38-1047-10
164.76-1063-8
164.76-1064-36
165.45-1100-9
165.38-1047-11
164.76-1063-9
164.76-1064-37
165.45-1100-10
165.38-1047-12
164.76-1063-10
164.76-1064-38
165.45-1100-11
165.38-1047-13
164.76-1063-11
164.76-1064-39
165.45-1100-12
165.38-1047-14
164.76-1063-12
164.76-1064-44
165.45-1100-13
165.38-1047-15
164.76-1063-13
164.76-1065-1
165.45-1100-14
165.38-1047-16
164.76-1063-14
164.76-1065-2
165.45-1100-15
165.38-1047-17
164.76-1063-16
164.76-1065-3
165.45-1100-16
165.38-1047-18
164.76-1063-17
164.76-1065-4
165.45-1100-17
165.38-1047-19
164.68-1063-29
164.76-1065-5
165.45-1100-18
165.38-1047-20
164.76-1063-30
164.76-1065-6
165.45-1100-19
165.38-1047-21
164.76-1063-31
164.76-1065-7
165.45-1100-20
165.38-1048-1
164.76-1064-1
164.76-1065-8
165.45-1100-21
165.38-1048-2
164.76-1064-2
164.76-1065-9
165.45-1100-22
165.38-1048-4
164.76-1064-3
164.76-1065-10
165.45-1100-23
165.38-1048-5
164.76-1064-4
164.76-1065-11
165.45-1100-24
165.38-1048-6
164.76-1064-5
164.76-1065-12
165.45-1100-26
165.38-1048-8
164.76-1064-6
164.76-1065-13
165.45-1100-27
165.37-1048-9
164.76-1064-7
164.76-1065-14
165.46-1101-1
165.37-1048-10
164.76-1064-8
164.76-1065-15
165.46-1101-2
165.37-1048-11
164.76-1064-9
164.76-1065-16
165.46-1101-3
165.22-1012-1
164.76-1064-10
164.76-1065-17
165.38-1044-1
165.22-1012-3
164.76-1064-11
164.76-1065-18
165.38-1046-1
165.21-1025-5
164.76-1064-12
164.76-1065-19
165.38-1046-2
165.21-1026-1
164.76-1064-13
164.76-1065-20
165.38-1046-3
165.21-1026-3
164.76-1064-14
164.76-1065-21
165.38-1046-4
165.21-1026-5
164.76-1064-15
164.76-1065-22
165.38-1046-5
165.29-1026-6
164.76-1064-16
164.76-1065-23
165.38-1046-6
165.29-1026-7
164.76-1064-17
164.76-1065-26
165.38-1046-7
165.29-1026-10
164.76-1064-19
164.76-1065-27
165.38-1046-8
165.29-1026-29
164.76-1064-20
165.37-1096-31
165.38-1046-9
165.29-1026-30
164.76-1064-21
165.37-1096-32
165.38-1046-10
165.29-1026-31
164.76-1064-22
165.37-1097-1
165.38-1046-11
165.29-1026-32
164.76-1064-23
165.37-1097-2
165.38-1046-12
165.29-1026-33
164.76-1064-24
165.37-1097-3
165.38-1046-13
165.29-1026-36
164.76-1064-25
165.45-1099-11
165.38-1046-14
165.29-1026-37
165.29-1026-42
165.30-1030-2
165.22-1021-1
169.23-3120-3
165.29-1026-43
165.30-1030-3
165.22-1021-8
169.23-3120-40
165.29-1026-44
165.30-1030-6
165.22-1021-9
165.70-3087-37
165.21-1026-47
165.30-1030-10
165.30-1021-10
165.70-3087-38
165.22-1027-1
165.30-1030-11
165.30-1021-12
165.70-3087-39
165.30-1027-5
165.30-1030-14
169.21-3024-17
165.70-3087-42
165.29-1027-9
165.30-1031-1
169.21-3024-19
165.70-3087-43
165.29-1027-11
165.38-1035-8
169.21-3025-1
165.70-3087-44
165.29-1027-13
165.30-1036-1
169.21-3025-2
165.70-3087-47
165.29-1027-14
169.46-3062-35
169.21-3025-3
165.70-3087-48
165.29-1027-15
169.46-3062-38
169.21-3025-4
165.70-3087-49
165.29-1027-16
169.38-3063-22
169.21-3025-5
165.70-3087-50
165.27-1027-17
169.22-3065-1
169.21-3025-6
165.78-3088-1
165.29-1027-19
169.30-3065-20
169.39-3116-19
165.78-3088-2
165.29-1027-20
165.70-3068-1
165.79-3157-1
165.78-3088-3
165.29-1027-21
165.70-3068-2
165.79-3157-2
165.78-3088-6
165.29-1027-22
165.70-3068-4
165.79-3158-17
165.78-3088-7
165.29-1027-23
165.70-3068-5
165.54-1121-16
165.78-3088-8
165.29-1027-24
165.70-3068-6
165.54-1121-17
165.78-3088-9
165.29-1027-25
165.70-3068-7
165.54-1121-19
169.21-3051-13
165.29-1027-27
165.70-3068-8
165.54-1121-21
169.21-3051-14
165.29-1027-28
165.70-3068-9
165.54-1121-22
169.21-3051-15
165.29-1027-29
165.70-3068-11
165.54-1121-23
169.39-3091-23
165.29-1027-31
165.78-3068-13
165.54-1121-24
169.39-3091-24
165.29-1027-32
165.78-3068-14
165.54-1121-25
169.39-3091-26
165.29-1027-33
165.78-3068-15
165.54-1121-26
169.39-3091-27
165.29-1027-35
165.21-1052-2.2
165.45-1096-17
169.39-3091-28
165.29-1027-43
165.21-1052-2.3
165.45-1096-20
169.39-3091-29
165.29-1027-45
165.71-3164-26
165.45-1096-21
169.39-3091-30
165.29-1027-46
165.78-3110-10.1
165.45-1096-22
165.61-1084-5
165.29-1027-47
165.71-1116-12
165.45-1096-23
165.61-1084-6
165.29-1027-48
165.30-1018-17
165.45-1096-24
165.61-1084-7
165.22-1028-1
165.30-1019-1
165.37-1096-25
165.61-1084-8
169.38-3063-23
165.30-1019-14
165.37-1096-26
165.61-1084-9
169.38-3063-24
165.30-1020-1
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(1) 
Residential area.
(a) 
Definition. A development site where the RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone may be applied to any parcel currently zoned RI-7, RMF-10 or RMF-15.
(b) 
Residential character preservation. In an effort to retain the existing residential character of the development site designated with the RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone and located on any parcel within the RI-7, RMF-10 or RMF-15 Districts, underlying zoning may occupy only, the ground floor with one of the accessory uses as permitted in § 267-22B(2). In the event the developer elects to do so, the permitted accessory use shall not exceed the ground floor total area.
(2) 
Commercial corridor area.
(a) 
Definition. A development site where the RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone may be applied to any parcel currently zoned CB, DB, OB, NB or H within the prescribed senior citizen housing floating overlay zone area as shown on the Zoning Map.
(b) 
Mixed-use preservation. In an effort to facilitate the preservation of the commercial character and mixed-used development patterns along the City's commercial corridors, development site(s) to be designated with the RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone located along a commercial corridor and on a parcel(s) currently zoned CB, DB, OB, NB and H shall occupy the ground floor with the principal permitted uses of the underlying zoning. Development site(s) to be designated with RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone that are located on commercially zoned parcels (CB, DB, OB, NB or H), but not located along a commercial corridor, may occupy the ground floor with a commercial use(s) as permitted in accordance with the principal permitted uses of the underlying zone.
D. 
Boundary. The boundaries of each RMF-SC Senior Citizen Housing Floating Overlay Zone District shall be fixed by amendment to the official City Zoning Map as a floating overlay zone which has been authorized by the City Council, wherever the district is applied. A metes and bounds description of each such district shall be kept on file in the Office of the City Clerk.
E. 
Applicability. In accordance with Chapter 267, Article XI of the Zoning Code, the City Council may from time to time, on its own motion or on petition by applicants and after public notice and hearing as required by law, act to amend, supplement, repeal or change the existing regulations and provisions and rezone property to the RMF-SC Multifamily Senior Citizen Housing Floating Overlay Zone District established under this chapter.
F. 
Standards. The following standards are hereby established as the minimum or maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate by the City Council, based upon consideration of the particular circumstances of the individual application, to satisfy the purposes as set forth in Chapter 267, Article V hereof.
(1) 
Requirements.
(a) 
Building height.
[1] 
The maximum building height where senior citizen housing is permitted in accordance with this chapter shall not exceed 90 feet. The minimum base height shall not be less than 45 feet. For every 45 feet of building height along greater road function class there shall be a building step-back of 10 feet. For every 45 feet of building height along lesser road function class there shall be a building step-back of 15 feet.
(b) 
Building coverage. The maximum lot coverage shall not exceed 50%.
(c) 
Impervious coverage. The maximum impervious coverage shall not exceed 80%.
(d) 
Lot area. The minimum lot area shall not be less than 10,000 square feet.
(e) 
Lot area per dwelling unit. The minimum lot area per dwelling unit shall be 250 square feet.
(f) 
Lot width and frontage. The minimum lot width and frontage shall be 100 feet.
(g) 
Front yard setback. The front yard setback shall be the average front yard setback of the existing buildings on the same side of the street.
(h) 
Secondary front yard setback. Secondary front yard setback shall be the average front yard setback of the existing buildings on the same side of the street in which the secondary front yard faces.
(i) 
Side yard setback. The side yard setback(s) shall not be less than the average side yard setback(s) of the existing buildings on the same side of the street.
(j) 
Rear yard setback. The minimum rear yard setback for structures shall be 20 feet.
(k) 
Primary front yard.
[1] 
Primary front yard on corner lots. The owner of lots having frontages on intersecting streets, ingress and egress shall be the street with the lesser road function class to accommodate senior citizen drop-off point.
[2] 
Primary front yard on through lots. The owner of lots having frontages on more than one street, ingress and egress shall be the street with the greater road function class.
(l) 
Through lots.
[1] 
Any application consisting of a through lot shall include provisions for a buffer screening area where the through lot abuts the street with the lesser road function class. The Planning Board may allow for the construction of a wall, fencing, landscaping and/or any other item in its judgment will appropriately screen the activity involved or structure(s) involved from the neighboring residential area and the abutting street(s). Where such a buffer screening is required, it shall be of a design, materials, location, type, height, spacing and arrangement to the satisfaction of the Planning Board. These requirements may be waived by the Planning Board in situations where the Planning Board determines that adjoining land uses, abutting street(s), topographic features or existing vegetation satisfy the same purpose. The plan and specifications for such buffer screening shall be filed with the plans for the use of the lot. All required landscaping shall be properly trimmed and maintained in healthy growing condition at all times.
(m) 
Merging tax lots.
[1] 
The property owner who owns two or more contiguous parcels of land and seeks the Senior Citizen Housing Floating Overlay Zone designation shall merge all associated tax lots for municipal regulation and tax purposes through the Office of the City Tax Assessor.
(2) 
Parking requirements. All parking requirements and parking facilities shall be in accordance with Article VIII of the Zoning Ordinance.
(3) 
Density bonus. Upon approval by the City Council, an applicant may be granted a density bonus by establishing public amenities such as, but not limited to, plazas, arcades and displays of public art. In such instances where the City Council finds the proposed public amenity to be acceptable, the applicant shall be afforded a bonus not to exceed 10 additional dwelling units.
G. 
De Minimis exceptions, design exceptions and waivers. Deviation from the development requirements, provisions, standards, uses and regulations may be necessary in unusual circumstances. To account for these circumstances the City Council has the ability to waive or allow an applicant to deviate from this section of the chapter based on existing conditions hardship or a special reasons hardship.
(1) 
Existing conditions hardship and/or special reasons hardship. In instances where the applicant is confronted with hardships arising from an existing condition of the land or instances where the applicant creates the hardship to enhance the building and site design, the City Council may grant exceptions from certain bulk, uses, parking or design requirements, provided that the applicant demonstrates:
(a) 
That the proposed design exception will not substantially impair the intent of the City's long range planning strategy.
(b) 
That the proposed design will not present a substantial detriment to the public health, safety and welfare of the community.
(c) 
That the proposed design will enhance the aesthetic value of the overall design, the site itself and the surrounding area.
(d) 
That the proposed design will advance the purposes of this chapter.
H. 
Obtaining approval of design exceptions and waivers.
(1) 
The applicant shall demonstrate to the satisfaction of the City Council the following for approval of an exception or waivers:
(a) 
The goals and objectives of this chapter and the City's long range planning strategy shall be further advanced.
(b) 
The project will have no adverse impact on the physical, visual and spatial character of the surrounding area.
(c) 
The project will enhance the physical, visual and spatial character of the streetscape.
(2) 
Deviations, exceptions or waivers shall not be granted for uses that are not specified in this section of the chapter and shall not be granted for height increases which exceed 10 feet beyond the maximum permitted height of this section.
I. 
Conflicting requirements.
(1) 
Within the areas designated by the City Council as RMF-SC Senior Citizen Housing Floating Overlay Zone District, all ordinances or parts of ordinances inconsistent with this section of the chapter are repealed, to the extent of such inconsistency only.
(2) 
If any standards, objectives, land uses, provisions, controls, permitted uses and other restrictions and requirements stated in this section of the chapter differ in content from provisions set forth in other section(s) of the Zoning Ordinance, unless otherwise specified, this section of the chapter shall prevail.
(3) 
If any provision or regulation of this section of the chapter shall be judged, ruled or deemed invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this section of the chapter and such section, subsection, paragraph, subdivision or clause of this section of the chapter is hereby declared severable.
J. 
Design standards. The purpose of these standards is to ensure that proposed senior citizen housing developments exhibit creativity and variety in design features so that the unique character of Mount Vernon is preserved. These guidelines shall be applicable to all proposed senior citizen housing developments.
(1) 
The placement, pattern, scale, size, and rhythm of window and door openings on building facades, including proportions and details around them make up building fenestration. The disposition and design of window and door openings of traditional buildings help determine their appeal and charm, and distinguish a building facade from a generic, uninteresting appearance. Buildings with poor fenestration appear visually uninteresting and/or boxy. The relationship of window and door openings to the wall surface of the facade contributes to a building's appeal and character. The added architectural details, including materials, trims, bands and cornices bring visual interest to building facades, enhance the "box" and provide a human scaled backdrop to the street space.
(a) 
Buildings shall maximize the number of street level facade openings for windows and doors.
(b) 
Buildings shall maximize upper level facade openings for punched-in windows, or glass and metal curtain wall. (Note: a glass block-filled wall opening is part of the solid wall surface and not considered a window.)
(c) 
Buildings shall set ground floor window frames at a height above the finished grade to reflect traditional main street building qualities.
(d) 
Buildings shall recess all window frames, particularly along the ground floor, from the typical wall plane surface to provide a shadow line and accentuate the ground floor.
(e) 
All windows shall exhibit proportional scale that appropriately indicates functions within the building.
(f) 
Buildings shall delineate change in surface material by a reveal or a recess detail.
(g) 
All sides of a building open to public view shall employ architectural features such as windows, a variety of colors, patterns and complex massing to achieve interest especially at the pedestrian level. Flat, blank walls along public rights-of-way shall be prohibited.
(h) 
Architectural massing refers to the way a building is shaped. Building designs featuring a single geometric shape such as a simple rectangle shall not be allowed. The requirement for complex massing may be met by building designs featuring a variety of parapet heights, varying building wall setbacks or balconies, a variety of roof forms at different heights and an irregular building footprint.
(i) 
Each building on a site shall have clearly defined, highly visible ground floor entryways featuring no less than three of the following:
[1] 
Entryways shall be recessed or projected along the street level facade of the typical wall plane;
[2] 
Canopies or porticos;
[3] 
Overhangs;
[4] 
Recesses/projections;
[5] 
Raised corniced parapets over the door;
[6] 
Peaked roof forms;
[7] 
Arches;
[8] 
Outdoor patios;
[9] 
Planters;
[10] 
Wing walls; and
[11] 
Any other architectural detail or feature that accentuates the entryways for the public.
K. 
Review process. Application for development approval with the RMF-SC Senior Citizen Housing Floating Overlay Zone District shall follow a three-phase review process. The site plan/subdivision review and certificate of appropriateness review may occur simultaneous.
(1) 
Application for the floating overlay zone designation and dimensional standards approval reviewed by the City Council.
(2) 
Application for site plan approval reviewed by the Planning Board.
(3) 
Application for certificate of appropriateness reviewed by the Architectural Review Board.
L. 
Procedure. Designation of a property for uses within the RMF-SC Senior Citizen Housing Floating Overlay Zone District shall be established by the City Council either on its own motion, on petition of the property owner or its designee or recommendation of the Planning Board, as with any request for legislative action, the City Council has discretion has as to whether or not to entertain a petition or a recommendation of the Planning Board.
(1) 
Development concept plan. In the case of an application of a property owner or its designee requesting the establishment of a use or uses as permitted by Chapter 267, Article V of RMF-SC Senior Citizen Housing Floating Overlay Zone District, the applicant shall submit a preliminary development concept plan of the proposed development concept showing all proposed buildings and uses on the site, proposed building spacing, yard setbacks, the proposed location and design of all streets, driveways, parking lots, screening, landscaping, open spaces and recreation areas, proposed architectural features of all buildings, the relationship of the proposed development to adjacent land, and the health, safety and general welfare of the community. Such plans shall be accompanied by a brief analysis which shall include a market demand analysis and traffic analysis and shadow analysis in written form, explaining the proposed development concept and the planning purposes of Chapter 267, Article V which will be derived for the City and the immediate surrounding neighborhood.
(2) 
Referrals for review and report. The City Council shall refer any such application or petition to the Corporation Counsel, Planning Board and Architectural Review Board who shall report to it as to whether the establishment of such Zone will be in accordance with the standards contained herein and will be of benefit to the City by satisfying the intent and purposes as set forth in Chapter 267, Article V hereof. The Corporation Counsel shall report to the City Council regarding the form of the proposed amendment. The Planning Board shall report to the City Council regarding the proposed operation in terms of traffic demand in relationship to its location, compatibility with the City's long range goals and strategies and the form of the proposed application. The Architectural Review Board shall report to the City Council regarding the scale, mass, shape, style and size of all proposed structures in relationship to its location and the form of the proposed application.
(a) 
Report and recommendation. Following completion of their respective reviews, the Corporation Counsel, Planning Board and Architectural Review Board shall prepare and submit its report and recommendations to the City Council with respect to the potential applicability of the RMF-SC Senior Citizen Housing Floating Overlay Zone District to the subject property and, where applicable, with respect to the proposed preliminary development concept plan and design.
(3) 
Public hearing. Upon receipt of the report and recommendations of the Planning Board and Architectural Review Board and any revised proposed amendment from an applicant or notification by the applicant that no revision will be made, the City Council may schedule and hold a public hearing on the proposed amendment.
(4) 
Notice of hearing.
(a) 
Notice of the public hearing shall be published on at least three different dates in the City's official newspaper, the first insertion to be not less than 10 nor more than 30 days prior to the date of the hearing. For proposed amendments to the Zoning Map, at least one week prior to the public hearing a notice of such hearing and a brief description of the proposed change shall be mailed to all owners of property, as shown by the tax assessment roll, within 200 feet of any land which would be affected by such change. A copy of such notice, with proof of mailing, together with proof of notice in the official newspaper, shall be filed in the City Clerk's office on or before the date of the public hearing. The public hearing shall also be published on the City's website not less than 10 days nor more than 30 days prior to the date of the public hearing. In addition to notification and publication requirements, a sign shall be posted along all street frontages of the subject site at least 14 days prior to the hearing date which meets the following criteria:
[1] 
Be at least 24 inches by 36 inches.
[2] 
Consist of sturdy and serviceable material.
[3] 
Contain a white background with black letters.
[4] 
Legible with lettering and at least two inches in height.
[5] 
Be placed in a location plainly visible from each street frontage upon which the property fronts.
[6] 
Be placed more than five feet back from the property line.
[7] 
Not placed in the City's right-of-way.
[8] 
Not be placed more than five feet above ground.
[9] 
Shall read as follows:
"THIS SITE IS PROPOSED FOR ISSUANCE OF A SENIOR CITIZEN HOUSING ZONE CHANGE. THIS MATTER IS SUBJECT TO A PUBLIC HEARING BEFORE THE CITY OF MOUNT VERNON CITY COUNCIL TO BE HELD AT CITY HALL ON _____.
FOR FURTHER INFORMATION, PLEASE CONTACT THE PLANNING DEPARTMENT AT (914) 699-7230."
(b) 
The applicant shall file with the City Clerk a duly sworn affidavit attesting that such notification was completed. The sign must be removed 48 hours after the public hearing. Failure to abide by these rules for public hearing notification will result in a delay of processing the application and scheduling of the public hearing.
(5) 
Referral to Westchester County Planning Board and adjacent municipalities. Not less than 10 days prior to the public hearing the City Clerk shall forward copies of the proposed amendment with the notice of public hearing to the Westchester County Planning Board and to the clerks of any abutting municipalities when required by law.
(6) 
Council action. Following the close of the public hearing and completion of the SEQRA process, the City Council shall act to approve the proposed floating overlay zone designation and, where applicable, the proposed development concept plan, either with or without modifications, or shall disapprove the application. In the event of its approval, notification of the action taken shall be forwarded to the Planning Board and Architectural Review Board for their further review and action, as appropriate. The Planning Board and Architectural Review Board review and action may occur simultaneous.
(a) 
Rendering decisions. Every such application for the establishment of RMF-SC Senior Citizen Housing Floating Overlay Zone District on which the City Council may act is a legislative act seeking to amend the zoning ordinance and is therefore subject to the full legislative discretion of the City Council. The City Council shall either approve, deny or approve with conditions any such application and in making its determinations shall consider the following criteria:
[1] 
Compatibility with the City's long range goals and planning strategy;
[2] 
Does not change the neighborhood character;
[3] 
Preservation of the mixed-use development pattern within commercial areas and along commercial corridors;
[4] 
Conceal density through building design;
[5] 
That the proposed designation will encourage appropriate use of the land in accordance with the general purposes, intent and spirit of this chapter and without detrimental to surrounding property values;
[6] 
That the safety, health, welfare or the order of the City shall not be adversely affected by the proposed use and its location;
[7] 
That the site is suitable for the location of such use in the City;
[8] 
That the proposed application shall not have a negative impact on groundwater, traffic, public services and other issues considered pursuant to SEQRA;
[9] 
That there is sufficient roadway access to provide for emergency services while reducing transportation needs;
[10] 
That proposed landscaping and buffer areas have natural and attractive plantings that are compatible with the adjacent area and terrain;
[11] 
That the applicant exhibits the wherewithal to complete the project;
[12] 
That the applicant provides for innovative and imaginative approaches to senior citizen housing that does not detract or severely depart from the existing neighborhood character; and
[13] 
That the proposed application has appropriate height, scale, mass, size, shape and density in relationship to its location.
[14] 
The historical, architectural and/or cultural significance of the existing site or existing structures to assess local significance.
[15] 
That there is the consideration of the Architectural Review Board and the Planning Board.
(7) 
Council vote. The action of the City Council to approve any proposed amendment to this chapter shall be by majority vote, except, however, if a protest is presented against such amendment, duly signed and acknowledged by the owners of 20% or more of the area of any land included in such proposed change, or by the owners of 20% or more of the area of the land immediately adjacent and extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by a 3/4 vote of the City Council.
(8) 
Records. The City Clerk shall keep the official record copy of the Zoning Map and text sections, and shall be responsible for the posting of all changes thereto. Said Clerk shall also maintain a file of all such Zoning Maps and text sections which have been superseded by amendment of this chapter and must be available for public inspection.
(9) 
Planning Board and architectural review board approval. Prior to any construction within the RMF-SC Senior Citizen Housing Floating Overlay Zone District, application shall be made for site and certificate of appropriateness approval by the Planning Board and the Architectural Review Board, respectively in accordance with each Boards' respective rules and procedures.
(a) 
Public hearing and public meeting. The Planning Board and Architectural Review Board shall schedule a public hearing and public meeting, respectively, on the proposed site plan and certificate of appropriateness within 45 days of the date of its receipt of a complete application in proper form and in compliance with all SEQRA requirements. Notice of the public hearing shall be as required by law.
M. 
Planning Board and architectural review board action. Within 62 days of the close of the public hearing or public meeting, the Planning Board and Architectural Review Board shall act either to approve, with or without modifications, or disapprove the proposed site plan/certificate of appropriateness, respectively. The Planning Board and Architectural Review Board decision shall be based upon the requirements of the City Council rezoning approval, the purposes, standards and regulations of the RMF-SC Senior Citizen Housing Floating Overlay Zone District, site plan standards in accordance with Article VIII of the Zoning Code. Chapter 10 of the City Charter and the requirements of SEQRA. Approval shall be required prior to the issuance of any building permit or certificate of occupancy.
N. 
Amendments during construction.
(1) 
Minor amendments. During construction, the Commissioners of Building and Planning may authorize minor adjustments to the approved site plan and/or certificate of appropriateness when such adjustments appear necessary, appropriate and/or de minimis adjustments as the result of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. De minimis adjustments shall be given to provide for economic growth while protecting the integrity of the site, the surrounding neighborhood, the City's long range planning strategy and the intent of the Zoning Code.
(2) 
Substantial amendments. Where unforeseen conditions are encountered which require any change to an approved site plan and/or certificate of appropriateness which the Commissioner of Planning considers substantial, or where the applicant wishes to modify the approved site plan and/or certificate of appropriateness for other reasons, an amended site plan and/or certificate of appropriateness shall be filed for review and approval in accordance with the same procedures required for an initial site plan and/or certificate of appropriateness application.
O. 
Amendments after approval. An approved site with the RMF-SC Senior Citizen Housing Floating Overlay Zone designation shall be amended in the same manner and subject to the same limitations as any other regulation established by this chapter.
A. 
Eligibility. Eligible parcels for UR-PUD zoning shall be only those located in an area officially designated as appropriate for urban renewal by the City Council and having a minimum parcel size of 10 contiguous acres.
B. 
Standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate based upon consideration of the particular circumstances of the individual application to satisfy the purposes as set forth in Chapter 267, Article V hereof.
(1) 
Maximum dimensional requirements for residential use.
(a) 
The maximum permitted floor area ratio shall be 2.50.
(b) 
The maximum building height shall be 200 feet in height from the finished grade.
(c) 
The maximum lot coverage by residential structures less than six stories but exclusive of any enclosed parking facilities whose roof and exposed sides are bermed and landscaped to screen such parking from public view is 30% of the total parcel area.
(d) 
The maximum lot coverage by residential structures greater than six stories but exclusive of any enclosed parking facilities whose roof and exposed sides are bermed and landscaped to screen such parking from public view is 20% of the total parcel area.
(2) 
Minimum dimensional requirements.
(a) 
The minimum lot area per dwelling unit shall be 545 square feet.
(b) 
There shall be a minimum of 200 square feet of usable open space per dwelling unit.
(3) 
Off-street parking requirements. The minimum off-street parking and loading requirements shall be as set forth in Article VIII of this chapter. Notwithstanding any other requirements of this chapter, where a parcel is located within 300 feet of a municipal parking facility, the parking requirements of the URA-PUD District shall be as follows:
(a) 
Residential: A minimum of 0.75 parking spaces per dwelling unit.
(b) 
Commercial: zero.
(4) 
Maximum dimensional requirements for nonresidential use. The maximum building height shall be 160 feet in height from the finished grade.
A. 
Eligibility. The following are the minimum requirements for establishing the eligibility of any property for PUD-2 Planned Unit Development zoning:
(1) 
The minimum parcel size shall be two contiguous acres. Where parcels comprising the development site are divided by existing City streets, the area of those streets between the lot lines of the subject parcels may be counted as parcel area to meet the two acre minimum.
(2) 
The eligible existing zoning districts shall be:
(a) 
For residential development: RMF-6.75, RMF-10, and RMF-15 Districts.
(b) 
For nonresidential developments: CB and I Districts.
(c) 
For residential/nonresidential mixed use developments: subject to the further restrictions set forth in Section 267-22B(3)(f), a combination of: (i) all three of the NB, CB and RMF-15 Districts; or (ii) the NB and RMF-15 Districts.
B. 
Standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate based upon consideration of the particular circumstances of the individual application to satisfy the purposes as set forth in Chapter 267, Article V hereof.
(1) 
Standards for residential uses.
(a) 
Building height.
[1] 
Low-rise or one-family attached or detached dwellings and/or multifamily dwellings the height of such buildings does not exceed 90 feet in height from the finished grade.
[2] 
Mid-rise multifamily dwellings consisting of attached units in structures of not more than 160 feet in height from the finished grade.
(b) 
Coverage. The maximum lot coverage for uses other than family detached dwellings, shall be 25% for buildings and 50% for all impervious surfaces.
(c) 
Lot. Area per dwelling unit. The minimum lot area per dwelling unit shall be 545 square feet.
(d) 
Setbacks. The minimum yard setbacks for residential uses from all perimeter lot lines shall be 20 feet.
(e) 
The minimum distance between buildings shall be determined as part of the application review process. In no case shall such spacing be less than 25 feet or the average height of the two buildings, whichever requirement is more restrictive.
(2) 
Standards for nonresidential use.
(a) 
Building height. A maximum of 160 feet in height from the finished grade.
(3) 
Standards for residential and nonresidential mixed use.
(a) 
Building height. A maximum of 160 feet in height from the finished grade and not more than 14 stories.
(b) 
Coverage. For lots divided by mapped streets, the maximum lot coverage per individual lot or lots comprising the development site shall be 100% for buildings and 100% for all impervious surfaces.
(c) 
Lot area per dwelling unit. The minimum lot area per dwelling unit shall be 225 square feet based on qualifying parcel size as calculated pursuant to § 267-22A(1) above.
(d) 
Setbacks. There are no minimum yard setbacks for residential and nonresidential mixed uses.
(e) 
The minimum distance between buildings on an individual site with lots divided by a mapped street shall be determined as part of the application review process.
(f) 
Additional limiting eligibility standards. A PUD-2 District of residential and nonresidential mixed uses shall only be mapped on sites that: i) contain a combination of all three of the NB, CB and RMF-15 Districts and are wholly or partially within a 1/2 mile radius of the Mount Vernon East Metro-North station; or ii) contain the NB and RMF-15 Districts and are wholly or partially within a 1/2 mile radius of the Mount Vernon East Metro-North station.
(g) 
Off-street parking space requirements.
[1] 
Number of required parking spaces.
[a] 
The minimum number of parking spaces required for multifamily dwellings shall be: one per dwelling unit; except that for senior housing 0.25 per dwelling unit.
[b] 
The minimum number of required parking spaces for all other permitted principal uses and uses allowed by special permit shall be determined by the City Council as part of its review of a proposed development concept plan.
[c] 
Municipal parking spaces displaced by a PUD-2 development shall be replaced at a ratio of 1:1 and shall be provided as public parking spaces in a location to be determined by the City Council as part of its review of a proposed development concept plan.
[2] 
Location of required parking spaces.
[a] 
The parking spaces required for multifamily dwelling units and all other permitted principal uses, with the exception of senior housing, shall be located: i) on site; ii) in a municipal garage or lot within 500 feet of the dwelling units or other permitted uses for which the parking spaces are required, as measured from the edge of the site to the closest edge of the municipal garage or lot; or iii) a combination of both i) and ii), the amount of parking spaces provided in each category to be determined by the City Council as part of its review of a proposed development concept plan.
[b] 
The parking spaces required for senior housing shall be located on site.
(h) 
Off-street loading space requirements.
[1] 
Number and location of required off-street loading spaces.
[a] 
The minimum number of loading spaces required for multifamily dwellings, senior housing in a PUD-2 district and for all other permitted principal uses and uses allowed by special permit, and their location, shall be determined by the City Council as part of its review of a proposed development concept plan.
C. 
Procedure.
(1) 
Uses in §§ 267-17 and 267-18 may be established by the City Council in the PUD-2 District either on its own motion or on petition of the property owner for residential and nonresidential developments. In the case of residential and nonresidential mixed use developments, uses shall be limited to the following permitted principal and permitted accessory uses and uses allowed by special permit. Uses allowed by special permit shall not be permitted to occupy building space at the street level.
(a) 
Permitted principal uses.
[1] 
Multifamily dwellings.
[2] 
Community purpose buildings.
[3] 
Municipal uses of the City of Mount Vernon.
[4] 
Business, professional or governmental offices.
[5] 
Business incubator space.
[6] 
Stores and shops exclusively for sales at retail for the performance of customary personal services.
[7] 
Restaurants.
[8] 
Universities, colleges and private schools.
(b) 
Permitted accessory uses.
[1] 
Uses and structures which are clearly incidental and customarily accessory to the permitted principal use on the lot on which they are located.
(c) 
Uses allowed by special permit.
[1] 
Churches, mosques, synagogues or other places of worship.
[2] 
Day-care centers.
[3] 
Nursery schools.
(2) 
Development concept plan. In the case of an application of a property owner requesting the establishment of a use or uses as permitted by Chapter 267, Article VI of the PUD-2 District, the applicant shall submit a preliminary development concept plan of the proposed development concept showing all proposed buildings and uses on the site, proposed building spacing and yard setbacks, the proposed location and design of all streets, driveways, parking lots, screening, landscaping, open spaces and recreation areas, proposed architectural features of all building, the relationship of the proposed development to adjacent land, health, safety and general welfare of the community. Such plans shall be accompanied by a brief analysis, in written form, explaining the proposed development concept and the planning purposes of Chapter 267, Article V which will be derived for the city and the immediately surrounding neighborhood.
(3) 
Planning Board referral. The City Council may refer any such application to the Planning Board which shall report to it as to whether the establishment of such zone will be in accordance with the standards contained herein and will be of benefit to the City by satisfying the intent and purposes as set forth in Chapter 267, Article V hereof.
(a) 
Notification. Upon receipt, the Planning Board shall refer a copy of the proposal to such city boards, agencies and departments as it determines to be appropriate. A copy of the proposal shall also be mailed to the neighborhood association(s) representing the neighborhood(s) within which the proposed PUD-2 District is to be located and to any such association(s) representing a neighborhood(s) located within 1,500 feet of such development.
(b) 
Preliminary meeting. The applicant and the licensed professional preparing the preliminary development concept plan shall attend a preliminary, informal meeting with the Planning Board for the purpose of representing and discussing this proposal. Appropriate neighborhood associations, as defined in Chapter 267, Article V above, shall be notified of such meeting by the applicant at least 10 days in advance.
(c) 
Report and recommendation. Following completion of its review, the Planning Board shall prepare and submit its report and recommendations to the City Council with respect to the potential applicability of PUD-2 zoning to the subject property and, where applicable, with respect to the proposed preliminary development concept plan.
(4) 
Public hearing. Upon receipt of the report and recommendations of the Planning Board, if any, the City Council, may schedule and hold a public hearing. Notice of the public hearing shall be published on at least three different dates in the city's official newspaper, the first insertion to be not less than 10 nor more than 30 days prior to the date of the hearing. In addition, the neighborhood association(s) shall be notified as required in Chapter 267, Article V. A copy of such notice, with proof of mailing, shall be filed in the City Clerk's office by the applicant on or before the date of the public hearing.
(5) 
Council action. Following the close of the public hearing and completion of the SEQRA process, the City Council shall act to approve the proposed rezoning and, where applicable, the proposed development concept plan, either with or without modifications, or shall disapprove the application. In the event of its approval, notification of the action taken and copies of all application materials shall be forwarded to the Planning Board for its further review and action, as appropriate.
(6) 
Planning Board approval. Prior to any construction within a PUD-2 District, application shall be made for site plan and, where appropriate, subdivision approval by the Planning Board. If a subdivision is required, such application shall be filed with the Planning Board simultaneously with the site plan and shall be processed in accordance with the requirements of the City of Mount Vernon subdivision and site regulations.
(a) 
Referrals for review and report. The Planning Board shall refer the site plan application for review and report to all other boards, agencies and officials of the City which it deems appropriate. All such boards, agencies and officials to which referral is made shall have not less than 30 days from the date of forwarding to submit their reports.
(b) 
Report from the Commissioner of Planning. The Commissioner of Planning shall report to the Planning Board whether the proposed site and/or subdivision plan complies with all of the standards and requirements of the PUD-2 District and its purposes.
(c) 
Public hearing. The Planning Board shall schedule a public hearing on the proposed site plan within 45 days of the date of its receipt of a complete application in proper form and in compliance with all SEQRA requirements. Notice of the public hearing shall be as required by law.
D. 
Common lands and facilities.
(1) 
Where a PUD-2 District approved pursuant to this authorization results in the permanent, preservation of open spaces or the creation of commonly used lands or facilities, including streets, driveways and parking lots, their location, design, ownership and use shall be as approved as part of the application review process, using as a guide the purposes set forth herein and in § 37 of the General City Law.
(2) 
Subject to approval as a part of the combination of the following arrangements:
(a) 
As a general rule, all such lands and facilities in and associated with a building composed of individually-owned units, such as a condominium or cooperative, shall be owned by a property owners association as described in Chapter 267, Article V below.
(b) 
The lands and facilities may be conveyed to a recognized conservation organization dedicated to the preservation and maintenance of open space, provided that such organization has indicated its agreement to maintain such lands, and further provided that such organization is acceptable to the City Council.
(c) 
Such lands and facilities may be dedicated to the City of Mount Vernon, provided that public access is assured and the City Council has voted to accept such offer.
(d) 
All or the balance of the common lands which are not to be conveyed or dedicated in accordance with Chapter 267, Article V or Chapter 267, Article V above or Chapter 267, Article V below, and any private common facilities, shall be owned and maintained by a property owners association, subject to the following requirements:
[1] 
The property owners association shall be a legal entity, including but not limited to a condominium corporation, cooperative corporation or a not-for-profit membership corporation created by a trust agreement or certificate of incorporation, approved as to form and sufficiency by the Corporation Counsel and designed to assure the permanent preservation, protection and maintenance of the common lands and any improvements thereon for their intended purpose.
[2] 
The property owners association shall be made responsible for the continued future maintenance, ownership and use of all such common lands and facilities.
[3] 
The property owners association shall not be permitted to be dissolved and shall not dispose of any common land or any improvements thereon or thereunder, by sale or otherwise, except to an organization established to own and maintain such common land and improvements as hereinabove referred to and subject to the same restrictions on maintenance and use as the first such legal entity, as well as approval by the Planning Board as set forth above.
[4] 
The property owners association shall be subject to an agreement with the City, provided that in the event it, or any successor organization, shall at any time after approval of the development fail to maintain the common land or any improvements thereon in reasonable order or condition in accordance with the approved plan, the city may serve written notice upon such legal entity or successor organization, or upon the property owners within the development, setting forth the manner in which the association has failed to maintain the common land or any improvements thereon, and said notice shall include a demand that such deficiencies be corrected within a designated time frame. If the deficiencies are not corrected within the designated time frame, the City of Mount Vernon, in order to preserve the taxable values of the property within the development and to prevent the common land and improvements thereon from becoming a public nuisance, may enter upon and take possession of said common land and improvements and maintain the same until such time as the City Council shall determine that the property owners association is ready and able to maintain the common land and improvements in proper condition. Said entry and maintenance shall not vest in the public any rights to use the common land or improvements except when the same is voluntarily dedicated to the public by the property owners association and the offer of dedication is accepted by the City Council. The decision of the City with respect to the action described in this section shall constitute a final administrative decision subject to review in accordance with the provisions of Article 78 of the Civil Practice Law and Rules. The cost to the City of any such maintenance shall be assessed against the properties within the PUD-2 District and, in the event of the failure or refusal of any property owner to pay any such charges when due, the unpaid amount thereof shall become a lien against his property and, together with interest from the due date thereof, shall be included in the annual tax levy of the City upon such property for each such fiscal year, and the amount so levied shall be collected in the same manner as other City taxes.
[5] 
The property owners' association agreement shall require that every property owner within the PUD-2 District shall automatically be and remains a member of the association and shall be subject to a charge for his proportionate share of expenses of the association's activities, including but not limited to the maintenance and operation of the common land and improvements thereon. The charge shall be a lien on the property in the event that it remains unpaid by the property owner for a period of more than 60 days after assessment thereof by the governing body of the property owners association. The obligation of each property owner to pay a proportionate share of the association's expenses may be enforced by an action in the name of the association or by the City as provided in Chapter 267, Article V, or in the name of both.
[6] 
The permanent preservation of common open space lands and facilities or their intended purposes shall further be legally assured to the satisfaction of the Planning Board and the Corporation Counsel by the filing of appropriate covenants, deed restrictions, easements or other forms of agreement. The permitted uses within such areas shall be limited to those specifically approved by the Planning Board and shown on the site development plan, plus other uses customarily incidental and accessory thereto. Subsequent to the approval of the final site development plan, the uses permitted within privately owned common land areas may be modified only upon approval by the Planning Board and only upon application by the entity owning such common land area. In each such case, a public hearing shall be held with the same notice as required by law for final site development plan approval. Such modification may permit a use in the same general category of use previously approved or may allow a change in the location of a particular use from one portion of the common land areas to another.
[7] 
Dedication of the common land areas, including any common facilities or improvements thereon, to the common use of all property owners within the PUD-2 District shall be recorded directly on the site development plan or by reference on the site development plan to a declaration of covenants, conditions and restrictions in a separate document recorded or to be recorded at or about the time of the filing of the approved final site development plan. Such declaration of covenants, conditions and restrictions shall permanently grant to each property owner in common with all other property owners within such PUD-2 District an easement in and to the common land areas and the common facilities thereon and of the use thereof.
(e) 
All such lands and facilities in and associated with a building composed of rental units shall be owned and maintained by the entity which owns the building.
E. 
Planning Board action. Within 62 days of the close of the public hearing, the Planning Board shall act either to approve, with or without modifications, or disapprove the proposed site plan. The Planning Board decision shall be based upon the requirements of the City Council rezoning approval, the purposes, standards and regulations of the PUD-2 District and the requirements of SEQRA. Approval shall be required prior to the issuance of any building permit or certificate of occupancy within the PUD-2 District.
A. 
Purpose. The purpose of this overlay zone is to preserve the special character of architecturally and culturally significant structures while fostering the development of high-rise mixed use structures within the South Fourth Avenue-East Third Street Urban Renewal Area. South Fourth Avenue is a unique shopping street within the City's downtown; accordingly the enhancement, growth and expansion of this shopping street is essential to the future growth and stability of the area. To further this objective, a sub-district shall be established herein to preserve the architecturally and culturally significant "brownstone" style urban flats that fall within the South Fourth Avenue-East Third Street Urban Renewal Area. The intent is to foster this type of unique urban housing along the streets that are directly adjacent to the high-rise mixed-use structures. Although the UR-PUD-S4 Overlay Zone is to be developed in a coordinated and unified fashion, the sub-district has a tailored purpose and site development standards reflective of its location, function and desired appearance.
B. 
Eligibility. The UR-PUD-S4 Overlay Zone shall apply only to those parcels located in the area officially designated as the South Fourth Avenue-East Third Street Urban Renewal Area, deemed appropriate for urban renewal by the City Council of the City of Mount Vernon and rezoned, reclassified and redesignated by the City Council to the UR-PUD-S4 Overlay Zone.
C. 
Boundary. The boundaries of the UR-PUD-S4 Overlay Zone shall be fixed by amendment to the official City Zoning Map as authorized by the City Council. A metes and bounds perimeter description of the overlay zone, including section, block and lot of all parcels, within such overlay zone, shall be kept on file in the Office of the City Clerk.
D. 
Applicability. In accordance with § 267-53 of the Zoning Code, the City Council may from time to time, on its own motion or on petition by applicants and after public notice and hearing as required by law, act to amend, supplement, repeal or change the existing regulations and provisions and rezone property to the UR-PUD-S4 Overlay Zone established under this chapter.
E. 
Use requirements. Permitted principal, accessory and special permit uses as set forth in § 267-21E of the Zoning Code.
F. 
Standards. The following standards are hereby established as the minimum or maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate by the City Council, based upon consideration of the particular circumstances of the individual application, to satisfy the purposes as set forth in Chapter 267, Article V hereof.
(1) 
Requirements.
(a) 
Building height.
[1] 
A maximum of 120 feet in height from the finished grade and not more than 11 stories.
[2] 
The number of floors shall include all floors located above the finished grade. Portions of the building, such as basements or podiums that are substantially or partly submerged, shall not be counted as a floor as long as they do not extend more than five feet above grade. Floors that extend more than five feet above grade shall be counted as a floor.
(b) 
Building coverage. The maximum lot coverage per individual lot or lots comprising the development site shall be 80% for buildings.
(c) 
Impervious coverage. The maximum lot coverage per individual lot or lots comprising the development site shall be 100% for all impervious surfaces.
(d) 
Lot area. The minimum lot area shall not be less than 5,000 square feet.
(e) 
Lot area per dwelling unit. The minimum lot area per dwelling unit shall be 300 square feet.
(f) 
Lot width and frontage. The minimum lot width and frontage shall be 50 feet.
(g) 
Front yard setback. At least 70% of the aggregate length of the street wall along a commercial corridor shall be located at the property line. The front yard setback along a noncommercial corridor shall not be less than the average front yard setback for the existing building on the same side of the street.
(h) 
Secondary front yard setback. The maximum secondary front yard setback along a commercial corridor shall not exceed the property line. The minimum secondary front yard setback on a noncommercial corridor shall not be less than the average front yard setback for the existing buildings on the same side of the street.
(i) 
Side yard setback. The minimum side yard setback for properties fronting on a noncommercial corridor shall not be less than the average side yard setback for the existing buildings on the same side of the street.
(j) 
Rear yard setback. The minimum rear yard setback for structures shall be 20 feet.
(k) 
Primary front yard.
[1] 
Primary front yard on corner lots. The owner of lots having frontages on intersecting streets, ingress and egress shall be along East Third Street or South Fourth Avenue to accommodate public access.
[2] 
Primary front yard on through lots. The owner of lots having frontages on more than one street, ingress and egress shall be along South Fourth Avenue.
G. 
Building entrances.
(1) 
The building(s) shall have at least one primary entrance facing a street; secondary entrances shall be directly accessible by a sidewalk or plaza.
(2) 
Main building entrances shall be open directly to the outside.
(3) 
Every building shall have at least one entrance that does not require passage through a parking lot or garage to gain access.
(4) 
Entrances to residential, office or other upper story uses shall be clearly distinguishable in form and location from retail or ground floor uses.
H. 
Buffers.
(1) 
Any application to construct or alter a structure in this Urban Renewal Area shall include provisions for a buffer screening area along any lot line abutting a privately-owned lot in a residence district. The Planning Board may allow for the construction of a wall, fencing, landscaping and/or any other item that in its judgment will appropriately screen the activity involved or structure(s) involved from the neighboring residential property. Where such buffer screening is required, it shall be of a design, materials, location, type, height, spacing and arrangement to the satisfaction of the Planning Board. These requirements may be waived by the Planning Board in situations where the Planning Board determines that adjoining land uses, abutting street(s), topographic features or existing vegetation satisfy the same purpose. The plan and specifications for such buffer screening shall be filed with the plans for the use of the lot. All required landscaping shall be properly trimmed and maintained in healthy growing condition at all times.
I. 
Density bonus. Upon approval by the City Council during its review of a preliminary development concept plan, an applicant may be granted a density bonus by providing physical, social or cultural community benefits or amenities such as, but not limited to, plazas, parks and displays of public art. In such instances where the City Council finds the proposed benefits or amenities to be acceptable, the applicant shall be afforded a bonus not to exceed three additional stories of building height.
J. 
Merging tax lots. A property owner who owns two or more contiguous parcels of land and seeks the use of the UR-PUD-S4 Overlay Zone designation shall merge all associated tax lots for municipal regulation and tax purposes through the Office of the City Tax Assessor.
K. 
Off-street parking space requirements.
(1) 
The total parking requirement shall be the sum of all individual requirements for uses. A joint use parking agreement, if executed according to the standards set forth below, would allow a reduction in the total requirement for a building or project.
(2) 
Number of required parking spaces.
(a) 
The minimum number of parking spaces required for multifamily dwelling units shall be 1.0 per dwelling unit, except that for senior dwelling units 0.25 per dwelling unit.
(b) 
The minimum number of parking spaces required for office and commercial/retail space shall be: one per every 1,000 square feet of office and commercial/retail space.
(c) 
The minimum number of required parking spaces for all other permitted principal uses and uses allowed by special permit are as provided in the zoning code; except, where not so provided, the parking requirement shall be determined by the City Council, upon the recommendation of the Commissioner of Planning and Community Development, as part of its review of a preliminary development concept plan.
(d) 
For mixed-use developments, approval by the City Council of shared parking facilities may effectively reduce the total number of required parking spaces by up to a maximum of 25% or to a rate of 0.75 spaces per multifamily residential dwelling units, whichever is less.
(e) 
Municipal parking spaces displaced by a UR-PUD-S4 development shall be replaced at a ratio of 1:1 and shall be provided as public parking spaces in a location to be determined by the City Council as part of its review of a preliminary development concept plan.
(3) 
Location of required parking spaces.
(a) 
The City Council may allow all or part of the required parking to be located: i) on site; ii) in a municipal garage or lot within 500 feet of the dwelling units or other permitted uses for which the parking spaces are required, as measured from the edge of the site to the closest edge of the municipal garage or lot; or iii) a combination of both i) and (ii), the amount of parking spaces provided in each category to be determined by the City Council as part of its preliminary development concept plan review.
(b) 
Where the City Council approves the location of such parking spaces on a lot different from the lot occupied by the structure or use served, the City Council shall require a legal instrument, in form and filing, satisfactory to the Corporation Counsel assuring the continued use of said parking spaces in connection with the uses or structures served.
L. 
Shared use parking facilities serving mixed-use developments are encouraged.
(1) 
Applicants may proposed less than the total required number of parking spaces for all uses if the spaces are provided as part of a shared use parking facility. Shared use of required parking spaces may occur where two or more uses on the same site or on separate sites are able to share the same parking spaces because their parking demands occur at different times. A request for shared use of required parking spaces must be submitted in writing to the City Council as part of its preliminary development concept plan review:
(a) 
The names and addresses of the uses and of the owners or tenants who are sharing the parking;
(b) 
The location and number of parking spaces that are being shared;
(c) 
An analysis, prepared by a qualified planning or engineering professional, showing that the peak parking demands for the different uses occur at different times, and that the parking area will supply at least the minimum number of required spaces for each use during its respective peak parking times; and
(d) 
A legal instrument such as an easement or deed restriction that guarantees access to the shared parking for all uses.
M. 
Usable open space. Except as provided herein, all structures shall be developed so that at least 10% of the total area of the development remains permanently as usable open space.
(1) 
For purposes of this section, usable open space is defined as an area that:
(a) 
Is not encumbered with any substantial structure;
(b) 
Is not devoted to use as a roadway, parking area, sidewalk or aboveground stormwater retention/detention area;
(c) 
Is either:
[1] 
Properly planted or landscaped; or
[2] 
Enhances the pedestrian environment.
(d) 
Is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation;
(e) 
Is legally and practicably accessible to the residents of the development from which the required open space is taken, or to the public.
(2) 
These areas may include, but are not limited to, active and passive recreation areas, tot lots and community gardens on individual plots, green roofs, and hardscaped courtyards that may include water features, benches or low walls with seating areas, freestanding planters, public art or other pedestrian space or design features integrated into the overall design of the development. Such areas shall be shown on the site plan.
(3) 
Structures on less than 10,000 square feet are not subject to open space requirements unless the project is part of or subsequently becomes a part of a series of projects or phases of a larger development, in which case the original project shall be joined with all subsequent projects or phases in order to determine the required open space for the whole.
N. 
Design standards. Development within the UR-PUD-S4 Overlay Zone shall be in accordance with the South Fourth Avenue-East Third Street Urban Renewal Design Guidelines attached to the Plan, as determined by the Planning Board during site plan review and by the Architectural Review Board during certificate of appropriateness review. Furthermore, any development within the Overlay Zone shall incorporate the following design elements:
(1) 
Buildings shall maximize the number of facade openings for windows and doors in keeping with the intended function of the building and the architectural character of the street.
(2) 
All sides of a building open to public view shall employ architectural features such as windows, a variety of colors, patterns and complex massing to achieve interest especially at the pedestrian level. Flat, blank walls along public rights-of-way shall be prohibited.
(3) 
Complex massing shall be used for all structures proposed. Building designs featuring a single geometric shape, such as a simple rectangle, shall not be allowed. The requirement for complex massing may be met by building designs featuring a variety of parapet heights, varying building wall setbacks or balconies, a variety of roof forms at different heights and an irregular building footprint.
(4) 
Each building on a site shall have clearly defined, highly visible ground floor entryway(s).
O. 
Supplemental development standards.
(1) 
There shall be set aside an area or areas for recreational purposes exclusively for the use of occupants of the development and their guests. These areas may include, but are not limited to, green roofs, community room(s), sitting areas and group game areas, active and passive recreation areas, tot lots, and community gardens on individual plots. Such areas shall be shown on the site plan and/or within the proposed buildings.
(2) 
Where a UR-PUD-S4 Overlay Zone approved pursuant to this authorization results in the permanent preservation of open spaces or the creation of commonly used lands or facilities, including streets and driveways and parking lots, their location, design, ownership and use shall be as approved as part of the application review process, using as a guide the purposes set forth in the Plan.
(3) 
Utilities are required to be underground and any aboveground equipment shall be located away from major pedestrian streets and corners. Equipment boxes and vaults must be placed in back of the sidewalk and where landscaping can minimize or screen their impact. Relocation and provisions for private and public underground utility systems will be made, as needed, to adequately serve redevelopment undertaken in accordance with this Plan. The costs of relocating the underground utility lines will, where appropriate, be borne by the utility companies, pursuant to the appropriate laws, regulations and ordinances concerned with the redevelopment of the project area.
(4) 
Adequate facilities shall be provided for the removal of snow, trash, garbage, and recyclables and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent platforms that shall be well distributed to serve the development. All receptacles shall be suitably enclosed on three sides by opaque screening or other treatment to be approved by the Planning Board in its site plan review.
(5) 
Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of all residents. However, such outdoor lighting shall not project light onto, nor shall sight sources be visible from, adjacent properties. No outdoor light source shall be more than 10 feet above the ground level underneath it.
(6) 
Parking areas shall be paved in accordance with the Zoning Ordinance. Sidewalks shall be provided along all internal and external street frontages. Internal roadways shall have a minimum width which is in accordance with the City's standards.
(7) 
The City of Mount Vernon shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the County Clerk's office and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the City Council.
P. 
Occupancy restrictions. Within the UR-PUD-S4 Overlay Zone, affordable housing shall be limited to occupancy for income eligible persons or families according to Federal income guidelines as set forth by the U.S. Department of Housing and Urban Development (HUD) or any other requirements under the financing for the project (when the project is financed using government funding), and the Land Disposition Agreement (LDA).
Q. 
Review process.
(1) 
Following determination by the Urban Renewal Agency and approval by the City Council of a designated redeveloper(s), the application by the designated redeveloper(s) for development approval within a UR-PUD-S4 Overlay Zone shall follow a two-phased review process:
(a) 
Application for preliminary development concept plan approval by the City Council; and
(b) 
Application for subdivision and/or site plan approval by the Planning Board and certificate of appropriateness from the Architectural Review Board.
(2) 
Timing of the submission of preliminary development concept plan, site plan and certificate of appropriateness applications to the City Council, Planning Board and Architectural Review Board will be coordinated to minimize the length of the review process.
(3) 
Application process.
(a) 
The application for a preliminary development concept plan review shall be submitted to the City Clerk, who will forward the application to the Commissioner of Planning and Community Development, for the Commissioner's review for substantial compliance with application standards, prior to its referral to the City Council. The application shall include:
(b) 
A preliminary development concept plan showing the various proposed land uses and their spatial arrangement, including the proposed general location of buildings, parking areas, public community and/or recreation facilities, utility and maintenance facilities and open space. An indication of the approximate square footage of buildings and the approximate number of dwelling units (if applicable). An indication of the appropriate number of parking and loading spaces in relationship to their intended use, accompanied by a description of any alternative means of parking to be utilized. An indication of need for phasing of construction of the project. The configuration of any interior road system and connection/access to the adjoining City road system. The general configuration of pedestrian circulation systems. Descriptions, sketches and elevations showing the general architectural treatment and design scheme for the entire development. Any proposed "green" design features and technologies to be incorporated into the development. Density bonus and bulk and/or area variances sought. Drawings shall be submitted approximately to scale, but need not be to the precision of a finished engineering drawing or final site plan.
(c) 
Such plans shall be accompanied by a brief analysis, in written form, explaining the preliminary development concept plan and the planning purposes which will be achieved and the benefits to be derived by the City and the immediately surrounding neighborhood in accordance with the South Fourth Avenue-East Third Street Urban Renewal Plan.
(4) 
Upon receipt by the Commissioner of Planning and Community Development of a preliminary development concept plan application in substantial compliance with application standards, the application shall be returned to the City Clerk for placement on the City Council's agenda. The City Council shall refer the application to the Planning Board and Architectural Review Board for review and report. Within 65 days of the date of the Planning Board meeting at which such referral is received, the Planning Board shall make its report to the City Council, and within 65 days of the date on which such referral is filed with the Secretary of the Architectural Review Board, the Architectural Review Board shall make its report to the City Council. No action shall be taken by the City Council until the City Council's receipt of the Planning Board report or the expiration of the Planning Board sixty-five-day review period, and the City Council's receipt of the Architectural Review Board report or the expiration of the Architectural Review Board's sixty-five-day review period. Either or both of said review periods may be extended by resolution of the City Council.
(5) 
City Council review of preliminary development concept plan will be in accordance with the State Environmental Quality Review Act. During the course of its review of a preliminary development concept plan, the City Council may request such additional information as it deems necessary in order to properly evaluate the application.
(6) 
The City Council shall hold at least one public hearing, with notice published in the City's official newspaper in accordance with City Code, on the application for preliminary development concept plan approval. The applicant must notify all property owners within 500 feet of any boundary of the development site which is the subject of the application of the public hearing; such notices shall be given by registered mail or certified mail, return sender requested or by regular mail to such property owners whose names appear as the owners of record in the Office of the Assessor. Such notice shall be mailed not more than 21 days prior to and not less than 10 days before the date of the public hearing. The applicant shall file with the City Council, not less than nine days prior to the date of the public hearing, a duly sworn affidavit attesting that such property owners were so notified. Where the City Council is serving as lead agency under SEQRA and determines to hold a SEQRA hearing, the SEQRA hearing may be conducted jointly with this public hearing if practicable.
(7) 
Within 45 days of the close of the public hearings and completion of the SEQRA process, the City Council shall approve, approve with modifications or disapprove the preliminary development concept plan. The review period may be extended by resolution of the City Council as circumstances require.
(8) 
Approval or approval with modifications of the preliminary development concept plan by the City Council is required for and shall be deemed to authorize the applicant to proceed with the detailed design of the proposed development in accordance with such preliminary development concept plan and to submit a site plan and/or subdivision application to the Planning Board for approval per Article VII of Chapter 267 of City Code and submit a certificate of appropriateness application to the Architectural Review Board. Such plans shall be approved by the Planning Board and the Architectural Review Board in accordance with the municipal zoning code, prior to issuance of a building permit.
(9) 
Preliminary development concept plan approval shall expire 12 months from the date of City Council approval unless all required approvals from the Planning Board and ARB are received prior to that date. Upon request of the applicant, the City Council may extend that time period in increments for not more than six months, each time an extension is granted.
R. 
Townhouse Preservation Subdistrict (UR-PUD-S4-TP).
(1) 
Purpose. The purpose of the Townhouse Preservation Subdistrict is to preserve the architecturally and culturally significant "brownstone" style urban flats that fall within the South Fourth Avenue-East Third Street Urban Renewal Area through the use of preservation and rehabilitation strategies.
(2) 
Boundaries. The boundaries of the UR-PUD-S4-TP Subdistrict shall be fixed by amendment to the official City Zoning Map as authorized by the City Council. A metes and bounds perimeter description of the subdistrict, including section, block and lot of all parcels, within such subdistrict, shall be kept on file in the Office of the City Clerk.
(3) 
Requirements. Multifamily residential uses, not to exceed three units, shall be permitted in the Townhouse Preservation Subdistrict.
(4) 
Rehabilitation. Under this subdistrict, redeveloper(s) and/or property owner(s) shall make every effort to preserve, maintain and restore all structures within this subdistrict. As such, any exterior alteration, restoration, reconstruction, demolition or new construction of properties in this subdistrict will maintain the materials, height, bulk, setbacks, light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements which affect the appearance and cohesiveness of the "modern flats." In the event that a building(s) or structure(s) of which or a portion of which is destroyed or damaged by any means to an extent of 75% or more of the replacement cost of such building or structure, the building(s) or structure(s) shall be reconstructed as prescribed in the Chapter 267, Article VI.
(5) 
Reconstruction. In the event the Building Commissioner determines that a building or structure, all or a portion of which is destroyed or damaged by any means to an extent of 75% or more of the replacement cost of the entire building or structure, the redeveloper(s) and/or property owner(s) depending on the number of properties may elect one of the following:
(a) 
To construct a multifamily building(s), not to exceed three dwelling units, within the existing building footprint(s) which is in keeping with the architectural style of the modern flats as determined by the Architectural Review Board during certificate of appropriateness review;
(b) 
To merge the parcel(s) into the overall UR-PUD-S4 Overlay Zone and follow all regulations governing development in that overlay zone, provided that the redeveloper(s) and/or property owner(s) demonstrate to the City Council that efforts to find a purchaser interested in acquiring the property(ies) for preservation purposes have failed and that the property is incapable of earning a reasonable return.
S. 
Conflicts with other zoning requirements.
(1) 
In approval of a preliminary development concept plan under this Chapter 267, Article VI, the City Council may vary the bulk and area requirements that would otherwise apply under any other provision of this chapter.
(2) 
If any provision of the UR-PUD-S4 Overlay Zone conflicts with any other requirement of the Zoning Code, the UR-PUD-S4 Overlay Zone provision shall supersede that other requirement to the extent of such inconsistency.
[Added 11-10-2021, approved 11-11-2021]
A. 
Intent.
(1) 
The City Council hereby finds that structures, architectural features, building forms and/or site layouts for properties/parcels which are surrounded by Westchester County parkland and the Metro-North Rail Road tracks must be appropriately designed to incorporate, encompass and accentuate the "park-like" feel which surrounds these parcels. The City Council further finds that permitted land use development in parkland settings should be designed so as to have no inappropriate visual impact on surrounding parklands or adjoining neighborhoods, and that any industrial visual impact is prima facie inappropriate in a parkland setting.
(2) 
Furthermore, the City Council hereby finds and declares that in order to align the City's policy with that of New York State and implement the City's policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, the preservation, development and improvement of forest lands, the preservation of areas which are significant because of their scenic or natural beauty or wetland, shoreline, geological or ecological, including old-growth areas, character, and the preservation of areas which are significant because of their historical, archaeological, architectural or cultural amenities, is fundamental to the maintenance, enhancement and improvement of recreational opportunities, tourism, community attractiveness, balanced economic growth and the quality of life in all areas of the City.
B. 
Purpose. It is the purpose of this ordinance to permit the establishment of primarily administrative, business and professional offices and necessary supporting accessory uses and facilities, designed with a park-like atmosphere and environmentally sensitive design to accommodate and complement existing natural features including extensive landscaping, low ground coverage by buildings, buildings of moderate height and careful attention to such aesthetic considerations as location, size of signs, lighting, parking and service areas and the like to:
(1) 
Encourage creative and flexible site design that is sensitive to the land's natural features and adapts to the natural topography.
(2) 
Protect environmentally sensitive areas surrounding the site(s) and neighboring environs and preserve on a permanent basis open space and natural features.
(3) 
Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development and layout.
(4) 
Promote maximum use of infrastructure using such techniques that reduce stormwater runoff into the City's sewer system and neighboring bodies of surface and/or groundwater.
(5) 
Encourage social interaction, walking and biking in open space areas within the site and surrounding the site.
(6) 
To allow for the design and intensity of development that are architecturally and environmentally innovative; to achieve better utilization of land than is possible through standard zoning practices.
(7) 
To encourage land development that to the greatest extent possible preserves natural vegetation, respects natural topographic and geologic conditions and refrains from adversely affecting flooding, soil, drainage and other natural ecologic conditions.
(8) 
To combine and coordinate architectural styles, building forms and structural/visual relationships within an environment that allows for efficient site layout and development intensity based on innovation and functionality.
(9) 
To provide for abundant, accessible and properly located public and/or private open and recreational space.
(10) 
To promote the efficient use of land resulting in networks of utilities, streets and other infrastructure features that maximizes the allocation of fiscal and natural resources.
(11) 
To enable the intensity of land development to be compatible and congruous with adjacent and surrounding Westchester County park(s).
(12) 
To ensure that the intensity of land development occurs at proper locations, away from environmentally sensitive areas and on land physically suited to construction.
(13) 
To allow unique, ancillary and unusual land uses to be planned for and located in a manner that ensures visual and aesthetic harmony and compatible uses with surrounding Westchester County parks.
(14) 
To preserve or create as much "greenscape" as possible.
C. 
General construction of language. The following rules of construction apply to the language of this chapter:
(1) 
The specific shall control the general.
(2) 
All words used in the present tense include the past and the future tense.
(3) 
All words in the singular number include the plural number, and vice versa, unless the natural construction of the wording indicates otherwise.
(4) 
Words used in the masculine gender include the feminine and neuter, and vice versa, unless the natural construction of the wording indicates otherwise.
(5) 
The word "shall" is mandatory; the word "may" is permissive.
(6) 
The word "includes" shall not limit a term to the specified examples but is intended to extend its meaning to all other instances or circumstances of like kind or character.
(7) 
Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or," "either . . . or" or "and/or," the conjunction shall be interpreted as follows:
(a) 
"And" indicates that all the connected items, conditions, provisions or events shall apply.
(b) 
"Or" indicates that the connected items, conditions, provisions or events shall apply singly or in any combination.
(c) 
"Either . . . or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.
(d) 
"And/or" indicates that all the connected items, conditions, provisions or events shall apply singly and in any combination.
(8) 
A building or structure includes any part thereof.
(9) 
The words "lot," "plot" and "tract of land" shall one include the other.
(10) 
The word "premises" shall include land and any buildings thereon.
(11) 
The word "occupied" or "used" shall be considered to be followed by the words "or intended, arranged or designed to be occupied or used," unless the natural construction of the wording indicates otherwise.
(12) 
References made to officials and official bodies shall mean officials and official bodies of the City of Mount Vernon, unless the natural construction of the wording indicates otherwise.
(13) 
Unless otherwise specified, all distances shall be measured horizontally.
(14) 
In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
D. 
Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
COMMERCIAL VEHICLES
All construction vehicles and related equipment, including, but not limited to, cargo box trucks, construction box trucks, three-axle trucks, semitrucks, dump trucks, bulldozers, loaders, cranes, excavators, and forklifts which are used primarily by construction businesses regularly for their work and operations, except where such trucks are related to local on-site delivery (e.g., Federal Express, UPS, Prime, etc.) or on-site maintenance and repair activities conducted in strict accordance with any duly adopted governmental site plan and other approval, and any restrictions included therein or in the zoning rules and regulations herein.
COMMON OPEN SPACE
The portion of the site set aside in perpetuity as open space. This area may include coastal and freshwater wetlands, floodplains or flood-hazard areas, stream corridors, prime agricultural lands, habitats of endangered wildlife, as identified on applicable federal or state lists, scenic views, historical or cultural features, archaeological sites, paved areas, landscaped areas or other elements to be protected from development, canopies, awnings, "lean to," structures, freestanding and/or retaining walls, as well as easements for public utilities.
CONSERVATION EASEMENT
An easement, covenant, restriction or other interest in real property, created under and subject to the provisions of this title which limits or restricts development, management or use of such real property for the purpose of preserving or maintaining the scenic, open, historic, archaeological, architectural, or natural condition, character, significance or amenities of the real property in a manner consistent with the public policy and purpose set forth in Article V, § 267-27.1 of this title.
GREENSPACE
Open space maintained in a natural, undisturbed, or revegetated condition.
OPEN SPACE
A portion of a development site that is permanently set aside for public or private use and will not be developed. Open space may be used as community or common open space or preserved as green space.
PUBLIC BODY
The state, County of Westchester, City of Mount Vernon or a municipal corporation as that term is defined in § 2 of the General Municipal Law or the United States of America acting by and through the Department of the Interior.
E. 
Eligibility. The PAP Zoning District shall apply only to those parcels within the City of Mount Vernon abutting Metro-North Railroad tracks and located within, adjacent to and/or surrounded by a Westchester County Park, excluding lot 1.1 - Cell Tower tax lot.
F. 
Boundary. The boundaries of the PAP Zoning District shall be fixed by amendment to the official City Zoning Map as authorized by the City Council.
(1) 
The following described areas are designated as sites within the PUCD-Park Zoning District:
(a) 
Section 165.66, Block 2204, Lot 1.
(b) 
Section 165.66, Block 2204, Lot 4.
G. 
Applicability. In accordance with Chapter 267 - Article XI, Amendments, of the Zoning Code, the City Council may from time to time, on its own motion or on petition by applicants and after public notice and hearing as required by law, act to amend, supplement, repeal or change the existing regulations and provisions and rezone property to the PAP Zoning District established under this chapter.
H. 
Use requirements. Permitted principal, accessory and special permit uses as set forth in Chapter 267, Article V, § 267-22 of the Zoning Code.
I. 
Planning Board approval. Prior to allowing any permitted uses identified in Chapter 267, Article 5, Subsection E(1) within the PAP Planned Adjacent Parking Zoning District, application shall be made for site plan approval and/or amendment thereof to be granted by the Planning Board in accordance with its applicable rules and procedures.
J. 
Standards. The following standards are hereby established as the minimum or maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate, based upon consideration of the particular circumstances of the individual application, to satisfy the purposes as set forth in Chapter 267, Article V, Section 1(D)(5) hereof.
(1) 
Requirements.
(a) 
Building height.
[1] 
A maximum of 45 feet in height from the finished grade and not more than three stories.
[2] 
The number of floors shall include all floors located above the finished grade. Portions of the building, such as basements or podiums that are substantially or partly located below grade, shall not be counted as a floor provided they do not extend more than five feet above grade. Floors that extend more than five feet above grade shall be counted as a floor.
(b) 
Building coverage. The maximum building coverage shall not exceed 25%.
(c) 
Impervious coverage. Suitable stormwater management infrastructure shall be installed to address impervious surfaces up to 90%, which shall be the maximum allowed.
(d) 
Lot area. The minimum lot area shall not be less than 130,000 square feet.
(e) 
Side yard setback. The minimum side yard setback shall be no less than 90 feet from the northern property line.
(f) 
Lot width and frontage. The minimum lot width and frontage shall be 75 feet.
(g) 
Front yard setback. The minimum front yard setback shall be 25 feet.
(h) 
Secondary front yard setback. The minimum secondary front yard setback shall be 25 feet.
(i) 
Side yard setback. The minimum side yard setback shall be no less than 20 feet from the southern property line.
(j) 
Rear yard setback. There shall be no minimum rear yard setback.
(k) 
The Planning Board shall have the authority to increase minimum setback requirements based on structures' relationship to surrounding structures and the character of the neighborhood.
(l) 
Buffers. Any application to construct or alter a structure within this zoning designation shall include provisions for a buffer screening area along any/all lot lines and/or property lines. All required setbacks shall be used for this purpose. The Planning Board may allow for the construction of a wall, fencing, landscaping and/or any other item(s) that in its judgment will appropriately screen the activity and/or intensity of development or structure(s) involved from the neighboring parkland. The buffer screening shall be of a design, materials, location, type, height, spacing, and arrangement to the satisfaction of the Planning Board. The buffer screening shall consist of materials or vegetation that is consistent with and mirrors the natural landscape of the surrounding parkland or adjoining neighborhoods. These requirements may be waived by the Planning Board in situations where the Planning Board determines that adjoining topographic features or existing vegetation satisfy the same purpose. The plan and specifications for such buffer screening shall be filed with the plans for the use of the lot. All required landscaping shall be properly maintained in a healthy growing condition as specified on the approved site plan, in perpetuity.
(m) 
Merging tax lots. A property owner who owns two or more contiguous parcels of land and seeks the use of the PAP zoning designation shall merge all associated tax lots for municipal regulation and tax purposes through the Office of the City Tax Assessor. Wireless telecommunications infrastructure eligible for separate tax lot identification shall be exempt from this provision.
(n) 
Declaration of restrictive covenants. To ensure the compact development of the property into perpetuity, a property owner who owns a parcel(s) of land with the zoning designation of PAP shall file with the Westchester County Clerk, in a form approved by the Corporation Counsel for the City of Mount Vernon, a declaration of restrictive covenants preventing any further subdivision of the land. A certified copy of the duly recorded Declaration shall be submitted to the City Planning Board and Law Department for the files.
(o) 
Off-street parking space and loading requirements. The Planning Board shall establish the minimum number of parking spaces and loading spaces required based upon the specific nature of the proposed facility(ies) and/or use(s) within the PAP Zoning District. The Planning Board shall establish the requirements on that basis. Required spaces developed for specific structures and uses shall be reserved at all times to persons who are employed at or make use of such structures and uses.
(p) 
Site standards. The purpose of these standards is to ensure that proposed developments within the PAP Zoning District exhibit creativity and variety in design features so that the unique and natural character of Mount Vernon in the surrounding park is preserved. These guidelines shall be applicable to all proposed developments and/or associated accessory structures and shall incorporate the following design elements:
[1] 
Buildings shall maximize the number of facade openings for windows and doors in keeping with the intended function of the building and the natural features of the site and surroundings.
[2] 
All sides of a proposed building(s) and/or structure(s) shall employ architectural features such as windows, a variety of colors, patterns, roof heights and complex massing to achieve visual and aesthetic interest that compliments the surrounding park and natural surrounding landscape. All building(s) and/or structure(s) shall have great building articulation. Flat, blank walls shall be prohibited.
[3] 
Complex massing shall be used for all structures proposed. Building designs featuring a single geometric shape, such as a simple rectangle, shall not be allowed. The requirement for complex massing may be met by building designs featuring a variety of parapet heights, varying building wall setbacks or balconies, a variety of roof forms at different heights and an irregular building footprint.
[4] 
Each building on a site shall have clearly defined, highly visible ground floor entryway(s).
(q) 
Accessory structures. The minimum setbacks for all accessory structures shall be no less than seven feet from any property boundary.
(r) 
Traffic requirements.
[1] 
All traffic traveling to and from a site located within the PAP District shall comply with all applicable Westchester County and local traffic regulations.
[2] 
No commercial vehicles shall be permitted to regularly enter or exit or park on or within a site located within the PAP District beyond those involving standard delivery, maintenance, repairs, minor improvements, and other vans, provided they are in accordance with all applicable Westchester County and local traffic regulations.
[3] 
With respect to the site known as 1 Bradford Road, notwithstanding anything to the contrary in the PAP Zoning, no commercial vehicles, except as permitted in Subsection J(2) herein, shall be permitted to enter or exit or park on or within the subject site, provided, said landowner shall be permitted, following receipt of any duly authorized building permits issued in connection with an adopted site plan and/or special permit approval from the Planning Board, to utilize a limited number of construction vehicles on the site, to the extent permitted by law and local road regulations, for the sole and exclusive purpose of completing any improvements expressly provided in said building permit(s). Use of any vehicles herein must be in accordance with a detailed construction plan prepared and approved by the Planning Board, which minimizes or avoids all adverse impacts to the surrounding residential area and parkland, including ensuring safe access for pedestrians residing in the surrounding area. No commercial vehicle activity, except as permitted in Subsection J(2) herein, shall be permitted on the subject site following the issuance of a certificate of occupancy.
(2) 
Supplemental development standards.
(a) 
For the purposes of this subsection, the buffer area shall comply with the following design standards:
[1] 
The buffer area shall, to the greatest extent possible, protect natural features having particular value in the context of preserving the existing natural, open space character, in compliance with the intent of this ordinance.
[2] 
Natural features shall generally be maintained in their natural condition, but may be modified to improve their appearance, or restore their overall condition and natural processes, as recommended by natural resource professionals. Permitted modifications may include but may not be limited to:
[a] 
Woodland management.
[b] 
Reforestation.
[c] 
Meadow management.
[d] 
Wetlands management.
[e] 
Streambank protection.
[f] 
Buffer area landscaping.
[g] 
Restoration of ecosystem.
[h] 
Habitat restoration.
[3] 
All wetlands, floodplains, wildlife habitat areas and slopes over 12% shall be contained within the buffer area wherever possible.
[4] 
To preserve scenic views, ridge tops and rock outcroppings should be contained within the buffer area wherever possible. Trees shall not be removed from the buffer area unless a similar tree is planted in its place.
[5] 
The boundaries of the buffer area shall be marked by natural features wherever possible, such as hedgerows, edges of woodlands, streams, or individual large trees. Where no such natural demarcations exist, additional plantings, fences, or other landscape features should be added to enable visitors to the site or the public, if applicable, to distinguish where the buffer area(s) ends and private lot areas begin. Where structural demarcations, such as fences, are used, they shall be the minimum needed to accomplish this objective.
[6] 
Buffer area(s) shall include lands located along existing public streets in order to preserve existing natural landscape character as seen from these streets, and shall, in no case, contain less than the required buffer, setback area, or separation distance.
[7] 
The following areas shall not be included in the buffer area(s):
[a] 
Street and highway rights-of-way, public or private.
[b] 
Railway and utility rights-of-way.
[c] 
Parking areas.
[d] 
Material storage areas.
[8] 
To preserve the existing natural landscape and woodland character of the surrounding area, landscaping shall comply with the following design standards:
[a] 
For the purpose of conserving the natural landscape and in recognition of the time value of existing vegetation, the preservation of existing vegetation shall always be preferred to the installation of new plant material.
[b] 
Existing woodlands shall be retained to the maximum extent possible.
[c] 
All new landscaping to be installed and existing vegetation to be preserved shall be protected.
(b) 
For the purposes of this subsection, the site design shall comply with the following standards:
[1] 
Utilities shall be installed underground and any aboveground equipment shall be located with minimal disturbance to the surrounding woodland character. Equipment boxes shall be located so as to minimize their visibility using landscaping or some other form of screening that preserve the woodland character of the park to the satisfaction of the Planning Board. Relocation and provisions for private and public underground utility systems are to be made, as needed.
[2] 
Adequate facilities shall be provided for the removal of snow, trash, garbage, and recyclables and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent platforms that shall be well distributed to serve the development. All receptacles shall be suitably enclosed on four sides by opaque screening or other treatment to be approved by the Planning Board in its site plan review.
[3] 
Building-mounted lighting shall be exempt from the height limitation, provided it does not project light into the adjacent park. Outdoor lighting shall minimize the light source's visibility from the adjacent park. No outdoor light source from a freestanding light structure shall be more than 12 feet above the ground level underneath it. Illumination levels shall not exceed one footcandle along all property lines.
[4] 
One hundred percent of the calculated stormwater runoff shall be retained on-site.
[5] 
Within any PAP Zoning District, landscaping, buffering, and screening shall be used to screen all areas of collection of refuse, loading areas and parking areas from surrounding streets.
K. 
De minimis exceptions, supplemental development exceptions and waivers. Deviation from the development requirements, provisions, standards and regulations may be necessary in unusual circumstances. To account for these circumstances the Planning Board has the ability to waive or allow an applicant to deviate from this section of the ordinance based on existing conditions hardship or a special reasons hardship.
(1) 
Existing conditions hardship and/or special reasons hardship. In instances where the applicant is confronted with hardships arising from an existing condition of the land or instances where the applicant creates the hardship to enhance the building and site design, the Planning Board may grant exceptions from certain parking or development requirements, provided that the applicant demonstrates:
(a) 
That the proposed design exception will not substantially impair the intent of the City's long range planning strategy.
(b) 
That the proposed design will not present a substantial detriment to the public health, safety and welfare of the community.
(c) 
That the proposed design will enhance the aesthetic value of the overall design, the site itself and the surrounding area.
(d) 
That the proposed design will advance the purposes of this ordinance.
L. 
Design standards.
(1) 
The purpose of these standards is to ensure that proposed structures within the PAP zoning designation exhibit creativity and variety in design features so that the unique character of Mount Vernon, in particular, the natural woodland character of the surrounding park is preserved. These guidelines shall be applicable to the principal building, unless specifically referring to an accessory building.
(a) 
The placement, pattern, scale, size, and rhythm of window and door openings on building facades, including proportions and details around them make up building fenestration. The disposition and design of window and door openings of traditional buildings help determine their appeal and charm, and distinguish a building facade from a generic, uninteresting appearance. Buildings with poor fenestration appear visually uninteresting and/or boxy. The relationship of window and door openings to the wall surface of the facade contributes to a building's appeal and character. The added architectural details, including materials, trims, bands and cornices bring visual interest to building facades, enhance the "box" and provide a human scaled backdrop.
[1] 
Buildings shall maximize the number of street level facade openings for windows and doors. Accessory buildings shall have at least one window and plantings on or around at least one wall of a building.
[2] 
Buildings shall maximize upper level facade openings for punched-in windows, or glass and metal curtain wall. (Note: a glass block-filled wall opening is part of the solid wall surface and not considered a window).
[3] 
Buildings shall set ground floor window frames at a height above the finished grade to reflect traditional building qualities.
[4] 
Buildings shall recess all window frames, particularly along the ground floor, from the typical wall plane surface to provide a shadow line and accentuate the ground floor.
[5] 
All windows shall exhibit proportional scale that appropriately indicates functions within the building.
[6] 
Buildings shall delineate change in surface material by a reveal or a recess detail.
[7] 
All sides of a building open to public view shall employ architectural features such as windows, a variety of colors, patterns and complex massing to achieve interest especially at the pedestrian level. Flat, blank walls along public right-of-ways shall be prohibited.
[8] 
Architectural massing refers to the way a building is shaped. Building designs featuring a single geometric shape such as a simple rectangle shall not be allowed. The requirement for complex massing may be met by building designs featuring a variety of parapet heights, varying building wall setbacks or balconies, a variety of roof forms at different heights and an irregular building footprint.
[9] 
Each building on a site shall have clearly defined, highly visible ground floor entryways featuring no less than three of the following:
[a] 
Entryways shall be recessed or projected along the street level facade of the typical wall plane;
[b] 
Canopies or porticos;
[c] 
Overhangs;
[d] 
Recesses/projections;
[e] 
Raised corniced parapets over the door;
[f] 
Peaked roof forms;
[g] 
Arches;
[h] 
Outdoor patios;
[i] 
Planters;
[j] 
Wing walls; and
[k] 
Any other architectural detail or feature that accentuates the entryways for the public.
[10] 
On-site development identification signs should be limited to 32 square feet, its construction should be of natural materials (i.e., wood, brick and/or stone), should not exceed five feet in height, and the base area should be appropriately landscaped. Internally illuminated signage is prohibited and may only be illuminated by flood or spot lighting that shines away from the public street and surrounding park.
[11] 
The creation of lawn areas in excess of 10,000 square feet is strongly discouraged.
[12] 
Native species should be included in all landscape designs.
[13] 
The use of dyed and textured concrete as well as of other natural materials is encouraged for visible structures such as curbing, culverts, walls, and outlet structures to minimize the visual impact.
[14] 
Roadways should follow existing contours to minimize the extent of cuts and fills.
[15] 
In the PAP Zoning District, exposed masonry walls (freestanding and retaining) shall be finished in stucco when located along a street, public right-of-way and/or visible from the surrounding park.
[16] 
In the PAP Zoning District, all fences shall be constructed of aluminum or wrought iron and shall be completely within all lot lines when visible to the public from any street or public right-of-way, except that fences may be black chain-link when not visible to the public from any street or right-of-way, located behind buildings, or suitably screened by landscaping.
[17] 
In the PAP Zoning District, all fences shall have the finished or more attractive side facing the neighboring property, the street, the Metro-North Railroad and/or the park.
[18] 
All curbing including curbed landscaped islands shall be concrete, granite block curbing and/or Belgian block.
[19] 
Electrically charged fences, barbed-wire fences, razor wire and other fences constructed of sharp materials shall not be permitted.
[20] 
Window signs shall not be permitted.
[21] 
Moving and/or windblown signs shall be prohibited.
[22] 
Signs displaying flashing or intermittent lights and lights of changing degrees of intensity of color shall be prohibited.
[23] 
Roof signs shall be prohibited.
[24] 
All signs that obstruct a window, door, fire escape, stairway, ladder, opening or access intended for light, air, ingress to or egress from a building shall be prohibited.
[25] 
All signs which, due to their location, size, shape and/or color, may obstruct, impair, interfere with the view of, or be confused with, any traffic control sign, signal or device erected by a public authority or where they may interfere with, mislead or confuse traffic shall be prohibited. These signs are subject to immediate removal and disposal by an authorized County and/or City official as a nuisance.
[26] 
All accessory structures shall have garage doors, light fixtures, a roof form, exterior materials, colors, etc., that are compatible with the primary structure.
[27] 
All accessory structures shall be located no less than seven feet from any property line.
[28] 
Only one accessory structure shall be permitted on the lot. Any additional accessory structure shall be subject to review of the Planning Board for its location and operation and Architectural Review Board for its aesthetics.
[29] 
Accessory buildings and structures. The height of an accessory building shall be limited to one story with a maximum building height of 20 feet.
M. 
Design exceptions and waivers.
(1) 
Deviation from the design requirements, provisions, standards and regulations may be necessary in unusual circumstances. To account for these circumstances the Planning Board and the Architectural Review Board has the ability to waive or allow an applicant to deviate from this section of the ordinance based on existing conditions hardship or a special reasons hardship with the exception of building height.
(a) 
Existing conditions hardship and/or special reasons hardship. In instances where the applicant is confronted with hardships arising from an existing condition of the land or instances where the applicant creates the hardship to enhance the building and site design, the Planning Board and the Architectural Review Board may grant exceptions from certain design requirements, provided that the applicant demonstrates:
[1] 
That the proposed design exception will not substantially impair the intent of the City's long-range planning strategy.
[2] 
That the proposed design will not present a substantial detriment to the public health, safety and welfare of the community.
[3] 
That the proposed design will enhance the aesthetic value of the overall design, the site itself and the surrounding area.
[4] 
That the proposed design will advance the purposes of this ordinance.
N. 
Obtaining approval of design exceptions and waivers. The applicant shall demonstrate to the satisfaction of the Architectural Review Board the following for approval of an exception or waiver:
(1) 
The goals and objectives of this ordinance and the City's long range planning strategy shall be further advanced.
(2) 
The project will have no adverse impact on the physical, visual and spatial natural woodland character of the surrounding area.
(3) 
The project will enhance the physical, visual and spatial character of the surrounding natural woodland area.
O. 
Establishment of a conservation easement.
(1) 
Where determined necessary by the City of Mount Vernon or Westchester County, a conservation easement shall be filed within the Land Records Office of Westchester County prohibiting or limiting new construction on any lot with the PAP Zoning District. This easement shall comply with all City, County and State regulations and requirements.
P. 
Conveyance of open space.
(1) 
Common open space may be conveyed as follows:
(a) 
To the City of Mount Vernon and accepted by it for park, open space, agricultural or other specified use or uses, provided that the conveyance is recommended by the Planning Board and/or Architectural Review Board and approved by the City Council and is in a form approved by Corporation Counsel; or
(b) 
To a nonprofit organization whose principal purpose is the conservation of open space or trust such as but not limited to the Westchester Land Trust. If such a trust is used, ownership shall pass with the conveyance of the lot. The conveyance shall be recommended by the Planning Board and approved by the City Council and shall be in a form approved by the Corporation Counsel.
(2) 
In any case, where the common open space is conveyed pursuant to Subsection P(1)(b) above, a deed restriction enforceable by the City of Mount Vernon shall be recorded that provides that the common open space shall:
(a) 
Be kept in the authorized condition(s); and
(b) 
Not be developed for principal uses, accessory uses (e.g., parking), or roadways.
Q. 
Conflicting requirements.
(1) 
Within the areas designated by the City Council as being within the PAP Zoning District, all ordinances or parts of ordinances inconsistent with this section of the ordinance are repealed, to the extent of such inconsistency only.
(2) 
If any standards, objectives, land uses, provisions, controls, permitted uses and other restrictions and requirements stated in this section of the ordinance differ in content from provisions set forth in other section(s) of the Zoning Ordinance, unless otherwise specified, this section of the ordinance shall prevail.
(3) 
If any provision or regulation of this section of the ordinance shall be judged, ruled or deemed invalid by a court of competent jurisdiction, such order or judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this section of the ordinance and such section, subsection, paragraph, subdivision or clause of this section of the ordinance is hereby declared severable.