Buildings or premises in the business districts
may be used, and buildings may be erected, altered or added to in
such districts, for the following purposes upon the issuance of a
special permit by the Board of Trustees:
A. Gasoline stations, automobile repair shops, automotive
services and the retail sale of automotive parts, provided that the
following conditions are satisfied:
(1) All repair work shall be done indoors.
(2) All automobile parts shall be stored completely within
a building.
(3) Overnight outdoor storage of motor vehicles shall
not be permitted.
(4) The following accessory uses shall be permitted: car
washes and convenience stores.
B. Fast-food, drive-in and carry-out restaurants, provided
that the following conditions are satisfied:
(1) Not more than one other fast-food, drive-in or carry-out
restaurant is located within 1,000 feet of the proposed location of
the establishment, either within or outside the boundaries of the
Village of Pelham Manor.
[Amended 5-9-2016 by L.L.
No. 1-2016]
(2) No such establishment is located within 300 feet of
any residence district either within or outside the boundaries of
the Village of Pelham Manor.
(3) No such establishment is located within 100 feet of
the intersection of a state road.
[Amended 5-9-2016 by L.L.
No. 1-2016]
(4) The location, size and quantity of waste receptacles
shall be shown on an approved site plan.
(5) Waste shall be stored in a covered and landscaped
disposal area so that the container is not visible from any street
upon which the establishment fronts or from abutting property.
(6) Waste materials which contain food or food particles
or which tend to create a public nuisance shall be removed from the
premises at least once in every 24 hours.
C. Regional shopping centers, provided that the following
conditions are satisfied:
(1) The site shall have an area of not less than 15 acres.
(2) The site shall be in single ownership or in joint
ownership under a suitable agreement, in recordable form, that provides
for coordinated development of the parcel.
(3) The site shall have frontage on a major road, or the
development of the site can be designed in such a way as to make satisfactory
provision for direct and adequate access to a major road.
(4) The potential range of peak-hour traffic and parking
demand, both automobile and truck, to be reasonably anticipated as
a result of the proposed development shall not substantially degrade
traffic patterns in the area.
(5) The site and the proposed use are such that the architectural
design of the principal and accessory buildings and structures will:
(a)
Reflect the existing "industrial" character
of the district;
(b)
Incorporate existing building facades into the
design to the extent possible; and
(c)
Not include flat, box-like structures.
(6) The proposed use will not generate any noise, odor
or vibration that exceeds the general level of noise, odor or vibration
emitted by uses outside the boundaries of the district.
(7) The site shall be such that the development can be
designed in a manner that:
(a)
Protects adjoining land uses from any adverse
impacts of development;
(b)
Encourages pedestrian usage by incorporating
design elements such as multiple street-level entrances and ample
windows;
(c)
Does not require outside storage;
(d)
Places lighting in such a way as to reflect
light away from adjacent residential districts and highways; and
(e)
Requires only such signage as is located on
the site or in reasonable proximity thereto and is not visible from
adjacent residential districts.
(8) The required number of off-street parking and loading spaces shall be based upon the parking requirement set forth in §
210-23C for a planned/regional shopping center, or if the following conditions "a" through "f" are met, the required number of off-street parking and loading spaces shall be based upon the sum of the spaces required for each individual use set forth in §
210-23C, whichever is less. The required number of parking spaces may further be reduced by the approving agency by no more than 15% if, in the approving agency's judgment, the number of spaces actually provided will satisfy the needs of the regional shopping center, the purposes of this chapter, and if the following conditions [Subsection
C(8)(a) through
(f)] are met:
[Added 8-14-2006 by L.L. No. 2-2006]
(a)
The retail uses are spatially separated.
(b)
Employee parking for the anchor tenant is provided
in the rear of the building.
(c)
The shopping center is accessible by public
transportation.
(d)
The proposed tenant mix includes establishments
with substantially different peak operating hours.
(e)
The proposed mix of uses with low parking generation
rates balances out the retail uses with higher parking generation
rates.
(f)
The shopping center does not contain a grocery
store, fast-food store, or other such use with a higher parking generation
rate.
(9) The maximum height of the principal structure may be increased from three stories or 45 feet to four stories or 60 feet, whichever is less, provided that the following conditions [Subsection
C(9)(a) through
(d)] are met:
[Added 8-14-2006 by L.L. No. 2-2006]
(a)
The additional floor or height shall not be
utilized for a high-intensity use.
(b)
The additional floor or height shall not be
utilized for retail.
(c)
The additional floor or height shall not have
an adverse visual impact on neighboring residential areas.
(d)
The additional floor or height shall not have
an adverse visual impact on the character of the surrounding area.
(10)
Provided the maximum building coverage set forth in §
210-71B(2) is not exceeded, the Village Board may, in the course of approving a site plan for a regional shopping center, modify the maximum permitted development coverage set forth in §
210-71B(3) to permit up to 93% development coverage, provided that the following conditions [Subsection
C(10(a) through
(g) are met:
[Added 8-14-2006 by L.L. No. 2-2006]
(a)
The applicant shall provide landscaped area
off-site in a location approved by the Village Board, the area of
which shall be double the area of on-site development coverage in
excess of 90%.
(b)
The off-site landscaped area shall be within
500 feet of the project site and shall involve the conversion of existing
impervious surface to pervious surface.
(c)
The percent of on-site landscaping required
by the Village Code cannot be met without substantially altering the
functionality of the proposed development.
(d)
The provision of the off-site landscaping shall
substantially improve the appearance of that off-site area, and shall
result in a decrease of impervious surface.
(e)
The off-site landscaping shall be of exceptionally
high quality, with a diversity of plants and trees that mitigate the
heat island effect and beautify the commercial district.
(f)
The on-site landscaping shall be of exceptionally
high quality, with a diversity of plants and trees that mitigate the
heat island effect, buffer the parking area from public streets, and
beautify the commercial district.
(g)
The on-site and off-site landscaping shall add
to the pedestrian environment and improve the public space.
(11)
The schedule of footcandle values for the grade-level
parking lot and driveways of a regional shopping center shall be as
follows:
[Added 8-14-2006 by L.L. No. 2-2006]
|
Type of Lighting
|
Minimum Level
(footcandles)
|
Average Level
(footcandles)
|
Maximum Level
(footcandles)
|
---|
|
Grade level parking and driveways
|
0.6
|
4.2
|
8.0
|
(12)
No sign shall be erected in a regional shopping
center in the Business 2 District that fronts on a federal, state,
or county road except in accordance with the following standards and
specifications:
[Added 8-14-2006 by L.L. No. 2-2006; 11-3-2007 by L.L. No. 3-2007]
(a)
Wall signs attached to the face or side of a
building conforming to the following specifications:
[1]
Each separate store, service establishment or
other business located in a regional shopping center shall be allowed
a maximum of one wall-mounted sign for every 50 linear feet of building
frontage associated with the premises occupied by that store, establishment
or business, with a minimum of one wall-mounted sign per store, service
establishment or other business. For purposes of this section, "building
frontage" shall be any side of a building or structure that faces
a street or parking lot in a regional shopping center.
[2]
The maximum sign area for each side of a building
or structure that faces a street or parking lot in a regional shopping
center shall be three times the linear frontage of that side of the
building or 500 square feet, whichever is less.
[3]
In instances where the tenants of a regional
shopping center share the same linear building frontage with one or
more other tenants, the maximum sign area, per sign, on the shared
building frontage for tenants over 40,000 square feet shall be 500
square feet, and the maximum sign area for tenants under 40,000 square
feet shall be 250 square feet.
(b)
Freestanding or monument signs identifying the
shopping center conforming to the following specifications:
[1]
A freestanding or monument sign announcing the
name of the shopping center shall be located on private property.
[2]
One two-sided freestanding sign identifying
the shopping center may be erected at each entrance drive to the shopping
center located on a federal, state or county road and, in the case
of shopping centers located at the intersection of two public streets,
one two-sided freestanding sign at each intersection.
[3]
The maximum height of the structure to which
the sign is affixed, including the base and sign face of the monument,
shall not exceed 15 feet, including a sign face which shall not exceed
11 feet. The total maximum area of the sign face shall not exceed
200 square feet per sign. In the case of a two-sided sign, each side
of the sign shall be included in the calculation of the area of the
sign face.
(c)
Freestanding or monument signs identifying retailers
or tenants within the shopping center conforming to the following
specifications:
[1]
A freestanding or monument sign identifying
retailers or tenants in the shopping center shall be located on private
property unless the owner of the sign is granted written consent by
the applicable public agency to place the signage on public property
including any public right-of-way.
[2]
Every store, establishment or other business
shall be allowed one two-sided freestanding or monument sign dedicated
to that entity, or a single side on two separate freestanding signs.
[3]
The maximum height of the structure to which
the sign is affixed shall not exceed 13 feet and the total maximum
area of the sign face of any freestanding sign shall not exceed 60
square feet per side.
(d)
Changeable copy signs are prohibited.
(e)
Signage designed to face and attract motorists
from the Hutchinson River Parkway is prohibited. Signage on the rear
of buildings shall be limited to the area above customer entrances.
(f)
Roof signage is prohibited.
(g)
Awnings or canopies conforming to the following
specifications are permitted:
[1]
Awnings and canopies shall not fully shield
a window.
[2]
Awnings and canopies shall be fully maintained.
Ripped or torn awnings or canopies are prohibited.
[3]
The fabric, graphics, and type of an awning
or canopy shall not be fluorescent in color.
[4]
Awnings and canopies shall compliment the architectural
style and color of the building on which they are located.
[5]
Any graphics or type on an awning or canopy
shall not cover more than 10% of the visible surface area of the awning
or canopy.
(h)
Directional signs for the purpose of directing
pedestrians and/or motorists to specific streets, locations or businesses,
conforming to the following specifications:
[1]
Directional signs shall be located on private
property except that they may be located on public property if the
owner of the signs obtains permission to erect them from the owner
of the public land.
[2]
The maximum sign area for a directional sign
shall not exceed six square feet per side.
(i)
Exterior signs shall be externally illuminated
to the greatest extent practicable. Internally illuminated light box
signs are prohibited. Signage that utilizes reverse illumination or
illuminated channel lettering is permitted.
(j)
In the event of any conflict between the provisions of §
210-69C and any other provisions of this chapter, the provisions of this §
210-69C shall control.
D. Studios, provided that the following conditions are
satisfied:
(1) Sounds, emissions and/or equipment accessory thereto
shall be fully contained within the studio and shall not be unduly
annoying to other persons on nearby premises or public places.
(2) No production activities shall take place outside
of the building or structure except in accordance with regulations
established by the Village Manager, which shall provide for neighborhood
and community notification, satisfactory proof of insurance, definition
of permissible hours of operation, provision of such additional parking
as may be necessary, establishment of a schedule of operations, provision
for temporary outside storage of production equipment, payment of
any fee as may be established by the Board of Trustees and provision
of such supplementary information regarding the proposed activity
as may be reasonably necessary.
(3) The following accessory uses shall be permitted: catering
and studio equipment sales and repair.
E. Temporary storage of either new buses or passenger vehicles or scaffolding
material and hoist equipment, including the preparation, construction
and maintenance of hoist cars, tower components and other materials
for protection systems, for such period of time and upon such conditions
as the Board of Trustees may determine, on lots within the area bounded
by Secor Lane, Pelham Parkway, Eastchester Creek and the Hutchinson
River Parkway, upon a determination by the Board of Trustees that
it is in the best interest of the Village to grant such a permit and
upon payment of such fee as the Board of Trustees shall determine.
[Added 8-22-2016 by L.L.
No. 2-2016; amended 1-9-2017 by L.L. No. 1-2017]
[Amended 2-24-2014 by L.L. No. 1-2014]
The following are permitted as accessory uses in the business
districts:
A. Off-street parking and other usual and customary accessory uses,
provided that any accessory use is incidental to the principal use
of the premises.
B. Amusement devices, in accordance with a license issued by the Board of Trustees pursuant to Chapter
118 of this Code, accessory to a full-service restaurant not less than 35,000 square feet in area which is open to the public at least 70 hours per week and offers a full menu during all operating hours.