Village of Pelham Manor, NY Business Districts

Editor's Note: Former Subsection C, regarding the purpose of the Business 3 District, was repealed 3-23-2009 by L.L. No. 1-2009 and 1-11-2010 by L.L. No. 1-2010.

§ 210-68 Permitted principal uses.

No building or premises in the Business 1 District shall be used, and no building shall be erected, altered or added to in the Business 1 District, unless otherwise provided in this chapter, except for the following:

Business and professional offices other than medical offices.

Manufacturing, producing, assembling, processing, converting, altering, furnishing or cleaning of goods.

Wholesaling, storing or warehousing of goods, including building supplies.

Convenience stores and delicatessens.

Restaurants and brew pubs.

Retail sales of appliances, furniture and hardware.

Service commercial sales and services, such as locksmiths, vacuum cleaners, air conditioners, paint, printing and reproduction studios, glass, wallpaper, carpet and flooring,

Personal service stores.

No building or premises in the Business 2 District shall be used, and no building shall be erected, altered or added to in the Business 2 District, unless otherwise provided in this chapter, except for the following:

Retail sale of antiques; antique furniture; apparel; audio equipment; baked goods; bedding; books and periodicals; china; compact discs; cookware; crafts; cutlery; electronic equipment; flowers and plants; glassware; home entertainment media; home furnishings; jewelry; kitchenware; lamps and lighting; linens; office equipment and supplies; pottery; shoes; specialty foods and sports equipment.

Artists' studios and galleries.

Banks and financial institutions.

Brew pubs and restaurants, other than fast-food, drive-in and carry-out restaurants.

Business and professional offices other than medical offices.

Department stores.

Farmer's markets.

Health clubs provided that there may not be any admission charged for exhibitions and that the number of spectators permitted on the premises is limited (subject to compliance with applicable building, fire and zoning code provisions) to no more than 150.

[Amended 10-27-2003 by L.L. No. 3-2003]

Existing manufacturing, producing, assembling, processing, converting, altering, finishing or cleaning of goods together with retail and/or business offices incident thereto, provided that:

[Amended 10-27-2003 by L.L. No. 3-2003; 3-23-2009 by L.L. No. 1-2009; 1-11-2010 by L.L. No. 1-2010]

The retail and/or business office area is no less than 20% of the gross floor area of the premises; and

Such uses, other than the retail and/or business office portion thereof, do not occupy more than 80% of the ground floor or 10,000 square feet, whichever is less; and

There shall be no outside storage of goods or materials; and

All manufacturing, producing, assembling, processing, converting, altering, finishing or cleaning of goods shall occur indoors; and.

The manufacturing, producing, assembling, processing, converting, altering, finishing or cleaning of goods shall not produce odors, dust, or noise detectable at the property line.

(10)

Wholesaling, storing or warehousing of goods, including building supplies, together with retail sales incident thereto, provided that:

[Amended 10-27-2003 by L.L. No. 3-2003]

The retail sales area is no less than 25% of the gross floor area of the premises; and

Such uses, other than the retail portion thereof, shall not occupy more than 1/3 of the ground floor.

(11)

Public utility substations.

(12)

Personal service stores.[1]

[Added 10-27-2003 by L.L. No. 3-2003]

Editor's Note: Former Subsection C, regarding uses in the Business 3 District, which immediately followed this subsection, was repealed 3-23-2009 by L.L. No. 1-2009 and 1-11-2010 by L.L. No. 1-2010.

(13)

Coffee shop restaurants.

[Added 4-27-2015 by L.L. No. 1-2015]

(14)

Fast-casual restaurants.

[Added 4-27-2015 by L.L. No. 1-2015]

(15)

Urgent care clinics.

[Added 2-22-2021 by L.L. No. 1-2021]

No building or premises in the Business 3 District shall be used, and no building shall be erected, altered or added to in the Business 3 District, unless otherwise provided in this chapter, except for the following:

[Added 2-22-2021 by L.L. No. 1-2021]

Sales and service of products and equipment such as vacuum cleaners; heating, ventilating and air-conditioning equipment; paint and wallpaper; glass; and carpet and flooring.

Sales and service of dry-cleaning equipment and other similar equipment, provided that there not be any noxious, hazardous, flammable or toxic materials or liquids maintained on site.

Manufacturing, producing, assembling, processing, converting, altering, finishing or cleaning of goods, in buildings 20,000 square feet or less in area, together with retail and/ or business offices incident thereto provided that:

There shall be no outside storage of goods or materials; and

All manufacturing, producing, assembling, processing, converting, altering, finishing or cleaning of goods shall occur indoors; and

The manufacturing, producing, assembling, processing, converting, altering, finishing or cleaning of goods shall not produce odors, dust, or noise detectable at the property line.

Printing and reproduction studios.

Wholesaling, storing or warehousing of goods, including building supplies, in buildings 20,000 square feet or less in area.

§ 210-69 Uses allowed by special permit.

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:

Gasoline stations, automobile repair shops, automotive services and the retail sale of automotive parts, provided that the following conditions are satisfied:

All repair work shall be done indoors.

All automobile parts shall be stored completely within a building.

Overnight outdoor storage of motor vehicles shall not be permitted.

The following accessory uses shall be permitted: car washes and convenience stores.

Fast-food, drive-in and carry-out restaurants, provided that the following conditions are satisfied:

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]

No such establishment is located within 300 feet of any residence district either within or outside the boundaries of the Village of Pelham Manor.

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]

The location, size and quantity of waste receptacles shall be shown on an approved site plan.

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.

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.

Regional shopping centers, provided that the following conditions are satisfied:

The site shall have an area of not less than 15 acres.

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.

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.

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.

The site and the proposed use are such that the architectural design of the principal and accessory buildings and structures will:

Reflect the existing "industrial" character of the district;

Incorporate existing building facades into the design to the extent possible; and

Not include flat, box-like structures.

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.

The site shall be such that the development can be designed in a manner that:

Protects adjoining land uses from any adverse impacts of development;

Encourages pedestrian usage by incorporating design elements such as multiple street-level entrances and ample windows;

Does not require outside storage;

Places lighting in such a way as to reflect light away from adjacent residential districts and highways; and

Requires only such signage as is located on the site or in reasonable proximity thereto and is not visible from adjacent residential districts.

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]

The retail uses are spatially separated.

Employee parking for the anchor tenant is provided in the rear of the building.

The shopping center is accessible by public transportation.

The proposed tenant mix includes establishments with substantially different peak operating hours.

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.

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]

The additional floor or height shall not be utilized for a high-intensity use.

The additional floor or height shall not be utilized for retail.

The additional floor or height shall not have an adverse visual impact on neighboring residential areas.

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]

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%.

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.

The percent of on-site landscaping required by the Village Code cannot be met without substantially altering the functionality of the proposed development.

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.

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]

Wall signs attached to the face or side of a building conforming to the following specifications:

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.

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.

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.

Freestanding or monument signs identifying the shopping center conforming to the following specifications:

A freestanding or monument sign announcing the name of the shopping center shall be located on private property.

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.

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.

Freestanding or monument signs identifying retailers or tenants within the shopping center conforming to the following specifications:

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.

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.

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.

Changeable copy signs are prohibited.

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:

Awnings and canopies shall not fully shield a window.

Awnings and canopies shall be fully maintained. Ripped or torn awnings or canopies are prohibited.

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:

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.

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.

Studios, provided that the following conditions are satisfied:

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.

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.

The following accessory uses shall be permitted: catering and studio equipment sales and repair.[1]

Editor’s Note: Former Subsection E, regarding hotels and conference centers, which immediately followed this subsection, was repealed 11-9-2015 by L.L. No. 2-2015.

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]

§ 210-70 Permitted accessory uses.

[Amended 2-24-2014 by L.L. No. 1-2014]

The following are permitted as accessory uses in the business districts:

Off-street parking and other usual and customary accessory uses, provided that any accessory use is incidental to the principal use of the premises.

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.

§ 210-71 Development standards.

Area plan. No building or premises in the business districts shall be used, and no building shall be erected, altered or added to in the business district, except in accordance with the area plan for the business district adopted by the Board of Trustees.

Lot and bulk regulations. Each site in the business districts shall be subject to the following lot and bulk regulations:

[Amended 10-27-2003 by L.L. No. 3-2003]

Minimum lot area: 10,000 square feet (unless otherwise specified).

Maximum building coverage: 65%.

Maximum development coverage: 90%.

Minimum lot width: 100 feet.

Minimum building setback:

Front: 10 feet.

Rear: 10 feet.

Side: 10 feet.

Hutchinson River Parkway: 30 feet.

Hutchinson River: 30 feet.

Floor area ratio: 1.25.

Maximum height of principal structure: three stories or 45 feet, whichever is less.

Architectural and design standards. Architectural and design standards are established in order to articulate and protect the architectural integrity and character of the existing commercial and warehouse buildings. New buildings and the renovation of existing buildings in the business districts shall be designed in such a way as to respect the scale and architectural character of existing structures and enhance pedestrian experiences at grade level. In applying these standards, the Board of Trustees shall consider the manner and extent to which an application contains architectural features consistent with such standards and the purposes and objectives set forth herein, including the following architectural and design features:

The design of buildings shall be part of an integrated overall site design related to other surrounding development and design and topographical conditions.

Treatment of the sides and rear of the proposed buildings shall be in a manner substantially consistent in appearance, amenity and quality of materials with the frontage, as may be appropriate in view of the degree of visibility of the sides and rear of such buildings from nearby properties.

Existing building details, including, but not limited to, base, cornices, entry, windows, shall be preserved whenever possible and whenever visually consistent with the established surrounding aesthetic character.

Missing and damaged architectural details shall be replaced or repaired, as appropriate.

Materials, colors and textures for additions shall be consistent with those of the existing buildings.

A minimum of 50% of the ground floor facade of new commercial retail buildings shall be transparent.

New roof openings shall be located so that they are not visible from street level.

A single color for nonpermanent detail fixtures, such as entry canopies, shutters, window awnings and entryways, shall be used on retail commercial structures.

Details which are sympathetic to and enhancing of the brick-gabled buildings shall be incorporated into alteration or reuse of the buildings east of Pelham Parkway.

Landscaping requirements. Landscaping requirements are established in order to encourage, a coordinated landscape design incorporating the treatment of all open spaces, walks, access roads and parking areas in the business districts into a continuous, consistent and integrated design. Wherever possible, attractively landscaped open spaces shall be provided which will offer maximum usability to users of buildings and the general public. Such open spaces shall be located so as to take into consideration the existing views and land uses and the creation and preservation of centrally located landscaped areas and plazas. All open spaces, pedestrian walks, parking areas, traffic islands and interior drives shall be designed as an integral part of an overall site design, appropriately related to existing and proposed buildings, structures and open areas and in conformance with the following regulations:

The landscape treatment of plazas, pedestrian areas, courtyards and similar areas shall include a mix of shade trees and other plant materials, such as ground cover and shrubs. Proper and appropriate regard shall be given to microclimate, the function of the landscaped area, aesthetics, existing plantings and required maintenance, in determining the species, scale and planting pattern.

The visual impact of parking areas shall be screened and buffered from street view by interrupting continuous rows of parking spaces with plantings.

Internal landscaping shall cover at least 10% of the area of any open grade-level parking lot of 20 or more spaces. Landscaped areas shall be dispersed throughout the parking lot.

Grade-level parking areas, walks and other surface areas shall offer a variety of colors and textures which are in harmony with the nearby buildings and existing paved areas.

Grade level parking areas shall provide pavement areas that are safe for pedestrian traffic and wheelchair traffic.

Plantings along sidewalks shall occur with regularly spaced indigenous flowering trees, selected with regard to the quality, character and species of existing plantings on the street, the scale of the street, the width of the sidewalk, the need to provide for or maintain visibility of storefronts and the type of pedestrian or vehicular traffic.

Shade trees provided within parking lots shall not be less than three inches in caliper and shall be of species indigenous to New York State.

Flowering trees provided along storefronts and sidewalks shall not be less than two inches in caliper and shall be of species indigenous to New York State.

All tree supplemental and replacement tree plantings shall be at least 10 feet to 12 feet tall and have a caliper of not less than 3 1/2 inches to four inches, unless the specific species indicates otherwise.

Streetscape guidelines. All development in the business districts shall be consistent with the following streetscape guidelines, which are established in order to encourage and enhance a contemporary streetscape design which is sympathetic to the architectural and visual integrity of the business districts, to continue and encourage maintenance within the districts, to preserve and upgrade sidewalks, curbs and street elements, to encourage and increase safe pedestrian activity and to provide a commercial area that is functional and attractive to the community:

All existing sidewalks and curbs shall be rebuilt to a safe and presentable condition.

No external display of merchandise shall be permitted except:

Outdoor sales upon the issuance of a special permit by the Board of Trustees; and

Gasoline-dispensing fuel pumps bearing the name of the brand and type of gasoline, the number, size and type of which shall be determined by the owner of said pumps. Such pumps shall be located on a pump island not nearer to the street line than the setback requirement for the district in which the filling station is located. For each two dispensing pumps, there may be displayed or maintained one lube oil rack for containers of lube oil on the pump island, or at such other location as may be desired by the owner of said racks; provided, however, that said racks are not placed nearer to the street line than the pumps islands.

Equipment, including, but not limited to, machinery, HVAC systems, telecommunications facilities and satellite dishes may be installed on rooftops, provided that it is not visible from street level.

Canopies that complement the color and texture of buildings shall be used outside windows, entryways and exit ways.

Benches shall be provided along the street line of properties with street frontage of 200 linear feet or more. One bench shall be provided per 200 linear feet of street frontage.

Lighting standards. All development in the business districts shall be consistent with the following lighting standards, which are established in order to provide clean, compatible contemporary design and appropriate and adequate illumination and to provide regulations to address lighting needs for visibility and personal safety without the negative impacts of off-site light spillover.

Exterior lighting may be used to light doors, steps, sidewalks, streets and parking areas, but shall be located and shielded to prevent glare on other properties and shall be limited in hours of operation, as appropriate.

Floodlighting, other than for purposes of safety and security, shall not be permitted in the business districts.

Proposed streetlighting fixtures shall be coordinated with street tree planting plans.

New streetlighting fixtures shall be satisfactory in design to the Inspector of Buildings.

A lighting plan shall be required for all developments required to provide a parking area with more than 10 parking spaces. The plan shall depict the location, orientation and configuration of all exterior lighting for the development.

All lighting fixtures designed or installed so as to illuminate any portion of a site shall meet the following requirements:

The light source shall be completely concealed within an opaque housing and shall not be visible from any street right-of-way.

Only incandescent, fluorescent or metal halide lamps may be used. The same type of light source must be used for the same or similar types of lighting on any one site.

Each fixture shall be mounted in such a manner that its cone of light does not cross any property line.