There is hereby established a Comprehensive
Zoning Plan for the unincorporated part of the Town of Mount Pleasant,
New York (hereinafter referred to as the "Town"), which plan is set
forth in the text, maps and schedule which constitute this chapter.
Said plan is adopted for the purposes set forth in Article 16, Chapter
62, of the Consolidated Laws of the State of New York[1] and more particularly for the protection and promotion
of the public health, safety and welfare, as follows:
A.Â
To guide the future growth and development of the
Town in accordance with a comprehensive plan of land use and population
density that represents the most beneficial and convenient relationships
among the residential, commercial and public areas within the Town,
considering the suitability of the various uses in each area and the
potentiality for such uses as indicated by existing conditions and
trends in population, having regard for use of land, building development
and economic activity, with such conditions and trends being considered
both within the Town and in relation to adjoining areas.
B.Â
To provide adequate light, air and privacy, to secure
safety from fire and other danger and to prevent overcrowding of the
land and undue congestion of population.
C.Â
To protect the character and the social and economic
stability of all parts of the Town and to ensure that all developments
shall be orderly and beneficial.
D.Â
To protect and conserve the value of buildings in
the various districts established by this chapter.
E.Â
To bring about the gradual conformity of the uses
of land and buildings throughout the Town to the Comprehensive Zoning
Plan set forth in this chapter and to minimize conflicts among the
uses of land and buildings.
F.Â
To promote the most beneficial relation between the
uses of land and buildings and the circulation of traffic throughout
the Town, having particular regard to the avoidance of congestion
in the streets and the provision of safe and convenient traffic access
appropriate to the various uses of land and buildings throughout the
Town.
G.Â
To aid in providing a guide for public policy and
action in the efficient provision of public facilities and services
and for private enterprise in building development, investment and
other economic activity relating to uses of land and buildings throughout
the Town.
H.Â
To limit development to an amount commensurate with
the availability and capacity of public facilities and services.
I.Â
To prevent the pollution of streams and ponds, to
prevent floods, to safeguard the water table and to encourage the
wise use and sound management of natural resources throughout the
Town in order to preserve the integrity, stability and beauty of the
community and the value of the land.
J.Â
To broaden the variety of housing available in the
Town and to provide opportunities for persons of varying needs, desires
and abilities to live within Mount Pleasant and to strengthen the
viability of older commercial areas of the Town and help preserve
historic structures therein.
[Added 12-30-1985]
[1]
Editor's Note: See the Town Law of the State
of New York.
All words used in the present tense include
the future tense; all words in the plural number include the singular
number; and all words in the singular number include the plural number,
unless the natural construction of the wording indicates otherwise.
The word "lot" includes the word "plot"; the word "building" includes
the word "structure"; and the word "shall" is mandatory and not directory.
The word "person" includes any legal entity as well as an individual.
The word "use" shall be deemed also to include "designed, intended
or arranged to be used." Unless otherwise specified, all distances
shall be measured horizontally. The word "Town" means the unincorporated
part of the Town of Mount Pleasant; the term "Town Board" means the
Town Board of said Town; the term "Board of Appeals" means the Zoning
Board of Appeals of said Town; the term "Planning Board" means the
Town Planning Board of said Town.
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit containing no more than 800 square feet of
floor area.
[Added 5-14-1991]
To change or rearrange the structural parts or the exit facilities
of a building or structure, including an extension or an increase
in height or the moving from one location or position to another.
Total of areas taken on a horizontal plane at the main grade
level of principal buildings and all accessory buildings, exclusive
of uncovered porches, parapets, steps and terraces.
The total area within the property lines of a site, excluding
external streets.
A dwelling which is designed, intended and operated for and
whose occupancy is restricted to persons 62 years of age or older
and in which housekeeping and personal care services, other than medical
care, are provided in addition to food service and shelter. The term
"assisted living residence" shall not be deemed to include a boardinghouse
or a nursing home.
[Added 6-12-2018 by L.L.
No. 3-2018]
That portion of a building wholly or partly underground.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A subordinate building, the use of which is customarily incidental
to that of a main building on the same lot.
The horizontal distance between the furthermost walls of
a building, measured along or parallel to the axis of its greatest
dimension.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
An enclosed building for the storage of vehicles on a nontransient
basis, which shall otherwise not fall within the definitions of public
or private garage and in which vehicles being stored are not expected
to enter and exit the facility on a daily basis. No vehicle sales
showrooms, automated car washing facilities or substantive mechanical
or repair work shall be permitted in a car storage facility.
[Added 4-10-2018 by L.L.
No. 2-2018]
Land used or intended for use for the interment of human
remains, including but not limited to a burial park for earth interments,
a mausoleum for vault or crypt interments or a combination of one
or more of the above. A cemetery shall be considered a religious,
charitable or eleemosynary institution and must comply with the regulations
pertaining to such uses as herein defined.
[Added 2-9-1993]
A facility and program for the caring of children away from
a child's home. "Child day-care center" shall not refer to a day camp,
kindergarten or prekindergarten, nursery school, or an after-school
program operated for the primary purpose of religious education, or
a facility operated by a public school district. The operator must
obtain and maintain in good standing all required approvals, licenses
and registrations required by New York State and Westchester County.
Child day-care centers shall not include programs operating as a group
family day care, family day-care home or school-age child-care programs
as defined in Article 6, Title 1, Care and Protection of Children,
§ 390, of the Social Services Law.
[Added 3-26-1996]
An organization catering exclusively to members and their
guests, or premises and buildings used for recreational, athletic
or social purposes which are not conducted primarily for gain, provided
that there are not conducted any vending stands, merchandising or
commercial activities except as required generally for the membership
and purposes of such club.
An open, unoccupied space, other than a yard, on the same
lot with a building or group of buildings, which is bounded on two
or more sides by such building or buildings.
A court enclosed on all sides by the exterior walls of a
building.
A court extending to a street line or opening upon any front,
side or rear yard.
That percentage of the lot area covered by buildings.
An area used for the interment of cremated remains. A cremorial
unit may be a ground burial plot or a location in a mausoleum or other
similar structure; however in either case, the appropriate setbacks
shall apply. A cremorial unit located in a ground burial plot shall
not include a gravestone, marker or monument taller than twelve inches
in height.
[Added 9-14-2004]
RESIDENCE DISTRICTAny district prefixed by "R."
COMMERCIAL DISTRICTAny district prefixed by "C."
A building designed or used exclusively as living quarters
for one or more families; the term shall not be deemed to include
a motel, hotel, rooming house or tourist home.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or portion thereof providing complete housekeeping
facilities for one family.
A resident of the Town of Mount Pleasant aged 62 years or
over. The term shall include "senior citizen."
[Added 8-17-1982]
One or more persons occupying a dwelling unit and living
as a single housekeeping unit in a domestic relationship, with kitchen
facilities and other rooms used in common.
Includes the use of a lot, either as a principal use or an
accessory use, for the purpose of producing agricultural, horticultural,
floricultural, vegetable and fruit products of the soil, and shall
include dairy farming. The breeding, keeping or raising of horses
and other domestic farm animals shall not be included except as an
incidental accessory use to a principal farm use. Riding academies,
livery stables, dog kennels, the breeding, raising or habitation of
fur-bearing animals and stands for the sale of product shall not be
included.
Includes processing of the products of only the farm on which
such processing is conducted, the repair of farm implements and equipment
used thereon, the incidental processing of fruit products and such
other activities that are normally carried on as part of the operation
of a farm or farm use, except as herein limited.
The ratio of the aggregate floor area of a building, exclusive
of a cellar and basement areas used only for storage or services incidental
to the operation or maintenance of the building, to the site area
of the lot on which the building is located.
The extent of a building or of land along a street.
A line parallel to the front lot line and at a distance therefrom
equal to the a minimum front yard dimension for the district in which
located.
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
A building or part thereof used for the storage, care, repair
or painting of motor vehicles for remuneration, including any sale
of motor vehicle accessories, or where motor vehicles are kept for
hire.
Any area of land, including structures thereon or any building
or part thereof, that is for the sale of gasoline or other motor vehicle
accessories, which may or may not include facilities for lubricating,
washing, minor repairs to or otherwise servicing motor vehicles, but
not including painting or body work and, where permitted, may include
a gasoline station convenience store.
[Amended 5-11-2010]
An area, not to exceed 1,000 square feet, of a gasoline filling station's principal building that is used for the retail sale of a limited variety of foods and merchandise to the public, including beverages, candy, cigarettes and other convenience items, and where products are sold for consumption off the premises. Gasoline station convenience stores shall be permitted only as an accessory use to gasoline filling stations in the C-NR, C-GC, M-1 and M-2 Districts, as provided for in § 218-33J of this chapter.
[Added 5-11-2010]
The elevation of the completed surfaces of lawns, walks and
roads adjoining the wall at that point at any point along the wall
of a building.
The vertical distance to the level of the highest point of
the roof's surface if the roof is flat or inclines not more than one
inch vertical in one foot horizontal or to the mean level between
the eaves and the highest point of the roof if of any operation type,
measured as follows:
If the building adjoins the front property line
or is not more than 10 feet distant therefrom, measured at the center
of the front wall of the building from the established grade of the
curb or, if no grade has been officially established, from the elevation
of the existing curb or, if no grade has been officially established
and no curb exists, measured from the average level of the finished
ground surface across the front of the building.
If the building is more than 10 feet from the
front property line, measured from the average level of the finished
grade adjacent to the exterior walls of the building. Where the finished
ground surface is made by filling, the level of such finished grade,
for the purpose of this definition, shall not be deemed to be more
than three feet above the established grade of the curb.
Any use customarily conducted entirely within a dwelling
and carried on only by the residents thereof, using only customary
home appliances, which use is clearly incidental or secondary to the
use of the dwelling for dwelling purposes and does not change the
character thereof. The conducting of a clinic, hospital, barbershop,
beauty parlor, hairdressing establishment, tearoom, tourist home,
rooming house, animal hospital or any similar use shall not be deemed
to be a home occupation.
Unless otherwise specified, includes a sanatorium or other
place for the diagnosis, treatment and care of human ailments, but
not including a rest home, nursing home or convalescent home.
Any portable or mobile vehicle used or designed to be used for living purposes, with its wheels, rollers or skids in place. A trailer without its wheels, rollers or skids in place shall be subject to all regulations applicable to a building or structure. See § 218-20A.
A dwelling which is designed, intended and operated for and
whose occupancy is restricted to persons aged 62 or older in which
a kitchen for personal use is available and for which there are also
common amenities for the resident thereof outside the unit, including
dining facilities, laundry, security and housekeeping services.
[Added 3-9-2021 by L.L. No. 2-2021]
A place where junk, waste or discarded or salvaged materials
are stored, kept or abandoned, including the dismantling, demolition
or abandonment of automobiles or other vehicles or machinery or parts
thereof.
Any off-street space available for the parking of one truck
for the loading or unloading of goods, not less than 15 feet wide,
40 feet long and 14 feet high and having direct usable access to a
street or alley, except that where one such loading space has been
provided, any additional loading space lying alongside, contiguous
to and not separated from such first loading space need not be wider
than 12 feet.
A parcel of land not divided by streets, occupied or to be
occupied by a building or buildings and accessory buildings, together
with such open spaces as are required under the provisions of this
chapter, and having its principal frontage on a street or on such
other means of access as may be deemed in accordance with the provision
of law to be adequate as a condition for the issuance of a zoning
permit for a building on such land.
The total horizontal area included within lot lines.
A lot of which at least two adjacent sides abut on streets
or public places. Any other lot is an interior lot.
The mean horizontal distance between the front and rear lot
lines, measured in the general direction of the side lot lines.
A lot other than a corner lot.
The property line or lines separating the lot from the street
or streets.
The property lines bounding a lot, as defined herein.
The mean width of a lot measured at right angles to its depth.
A place of business where the principal and/or accessory
use involves one or more individuals offering to patrons the practice
of massage services for remuneration. All individual and/or entities
that are exempt from the provision of Article 155 of the New York
State Education Law shall also be exempt from the requirements of
this subsection.
[Added 12-13-2016 by L.L.
No. 10-2016]
Any individual who offers to engage in the practice of massage
services, except for those individuals who are exempt from the provision
of Article 155 of the New York State Education Law.
[Added 12-13-2016 by L.L.
No. 10-2016]
Any method of pressure on, or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the body, flesh or musculature with the hands or with the aid of any
mechanical electrical apparatus or appliance, with or without such
supplementary aids such as rubbing alcohol, liniments, antiseptics,
oils, powder, lotions, ointments, or other similar preparations, for
therapeutic, rehabilitative or relaxation purposes within a massage
establishment.
[Added 12-13-2016 by L.L.
No. 10-2016]
A dwelling which is designed, intended and operated for and
whose occupancy is restricted to persons needing assistance with activities
of daily life, such as meal services, laundry service, housekeeping,
social activities, transportation and personal services, in a group
setting to persons with Alzheimer's disease and/or other forms of
memory impairment.
[Added 3-9-2021 by L.L. No. 2-2021]
An intermediate level between the floor and ceiling of any
story with an aggregate floor area of not more than one-third of the
area of the room or space in which the level is located. A mezzanine
shall be considered a portion of the story below. Such mezzanines
shall not contribute to either the gross floor area of the building
or the number of stories. The clear height above and below the mezzanine
floor shall be not less than seven feet.
[Added 5-24-2016 by L.L.
No. 8-2016]
A series of attached, semidetached or detached dormitory
units, or for motels in a C-RB District, executive suites, without
kitchen facilities, other than a bar area which may include a sink,
a refrigerator not in excess of five cubic feet in size and a microwave
oven of a size not in excess of 0.8 cubic foot in capacity, provided
with an automobile parking space convenient to each unit and providing
lodging with or without meals and other incidental services for a
transient clientele exclusively.
[Amended 2-10-1998]
Any existing retaining wall that, if removed, would be a
detriment to the use of the property or would create an unsafe condition.
[Added 2-23-2016 by L.L.
No. 2-2016]
A use of a building or of land that does not conform to the
regulations as to use in the district in which it is situated, which
use was lawful at the time this chapter or amendments thereto became
effective.
A school designed to provide daytime care or instruction
for five or more children from two to five years of age, inclusive,
but excluding child day-care centers as defined in this section.
[Amended 3-26-1996]
An off-street area containing one or more parking spaces,
with passageways and driveways at least 25 feet in width appurtenant
thereto. Parking areas shall average about 350 square feet of parking
area per parking space.
An off-street space available for the parking of one motor
vehicle on a transient basis, having dimensions of not less than nine
feet by 20 feet, exclusive of passageways and driveways appurtenant
thereto and giving access thereto, and having direct usable access
to a street or alley.
A covered walkway in the form of a roof supported by multiple
columns or pillars (not containing walls) for the sole purpose to
shield from rain or snow on a standard landing before entering a structure.
A portico may project up to five feet into the front yard setback
by the width of the standard landing. A portico that projects beyond
five feet into the front yard setback or exceeds the standard landing
width will be required to be issued a variance by the Zoning Board.
[Added 10-11-2016 by L.L.
No. 9-2016]
Professional offices in which medical care is provided to
persons solely on an outpatient basis by one or more members of the
medical professions including chiropractors, dentists, doctors, osteopaths,
podiatrists, therapists, or other licensed medical service providers.
Professional medical offices may, subject to any applicable state
and/or federal regulatory requirements, also include, but are not
limited to, medical testing labs or offices, offices for x-ray, sonograms,
MRI, CAT scans and other medical imaging services, offices for the
administration of nuclear medicine, radiation therapy, infusion, dialysis
and similar medical treatments, offices for outpatient surgical and
nonsurgical procedures. "Professional medical offices" shall not mean
hospitals, nursing homes, or any other inpatient facility.
[Added 7-9-2019 by L.L.
No. 11-2019]
A line of record bounding a parcel of land and dividing it
from another parcel of land, right-of-way, body of water or public
space. Any building, structure, wall, fence, parking area, or any
other physical improvement (requiring the issuance of any permit)
located directly on a property line shall be deemed to be shared between
the adjacent property owners, and shall require an easement or other
legal mechanism to accommodate the shared use.
[Added 10-11-2016 by L.L.
No. 9-2016]
Any building or portion thereof containing 10 and not less
than 10 rooms without kitchen facilities that are used, rented or
hired out, to be occupied or that are occupied for sleeping purposes
for compensation, whether the compensation is paid directly or indirectly.
The term "rooming house" shall be deemed to include lodging house
and boardinghouse but not tourist home, motel or multifamily dwelling.
[Amended 2-13-1973]
A managed residential community that provides a combination
of the dwelling units, features and amenities of an independent living
residence, an assisted living residence and/or a memory care residence
within the same building or buildings on a single development site.
[Added 3-9-2021 by L.L. No. 2-2021]
A type of nonhabitable accessory structure typically used for the storage of tools, landscaping equipment, pool accessories, household recycling, recreational equipment or similar items shall be restricted in height and outside of the setbacks as established in § 218-20.3.
[Added 10-11-2016 by L.L.
No. 9-2016]
Any device for visual communication which is used for the
purpose of bringing the subject thereof to the attention of the public,
but not including any flag, badge or insignia of any governmental
agency or any civic, charitable, religious, patriotic or fraternal
or similar organization. For the purposes of this chapter, signs shall
be considered to be structures and shall be subject to all regulations
applicable to structures.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be counted as a story if the ceiling
is more than three feet above the level from which the height of the
building is measured or if it is used for business purposes or for
dwelling purposes by other than a janitor or watchman and his family.
[Amended 10-24-2006]
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
A way, whether public or private, which affords the principal
means of access to abutting property.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
Anything constructed or erected, the use of which requires
location on or in the ground extending to the surface thereof or attachment
to something having location on the ground.
A building of residential character offering overnight lodging,
with or without meals, to transients for compensation.
The Town of Mount Pleasant.
[Added 12-13-2016 by L.L.
No. 10-2016]
Areas of grassed, wooded or similar areas not covered by
impermeable materials having a minimum horizontal dimension of 25
feet.
[Added 5-14-1991]
The specific purpose for which land or a building is a designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use which is customarily incidental and subordinate to
the principal use of a lot or a building and located on the same lot
therewith.
A retail outlet with 25% or more of its retail space devoted
to selling or distributing of any electronic cigarette or vapor products,
including but not limited to electronic cigarettes; vape pans, dissolvable
liquids; vaporizing liquids, oils or gels; mods; atomizers, vape tanks;
and coilheads.
[Added 9-25-2018 by L.L.
No. 6-2018]
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in § 218-12. In measuring a yard, as hereinafter provided, the line of a building shall be deemed to mean a line parallel to the nearest lot line, drawn from a point of a building or the point of a group of buildings nearest to such lot line, exclusive of certain features specified in the aforesaid section as not to be considered in measuring yard dimensions or as being permitted to extend into any front, side or rear yard, respectively, and the measurement shall be taken at right angles from the line of the building to the nearest lot line.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest line of the building.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the building.
A yard between the side line of the lot and the nearest line
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front and rear
lot lines, as the case may be.
The Town of Mount Pleasant is hereby divided
into the following classes of districts:
|
R-40 One-Family Residential Districts
|
|
R-20 One-Family Residential Districts
|
|
R-10 One-Family Residential Districts
|
|
R-5A Multifamily Residential Districts
|
|
R-3A Multifamily Residential Districts
|
|
R-3AU Multifamily Residential Districts
[Added 11-25-1980] |
|
PRD-T Transitional Residential Districts
[Added 8-17-1982; amended 3-13-2001 by L.L. No. 1-2001] |
|
OB1 General Office Building Districts
|
|
OB2 Public Utility Office Building Districts
|
|
OB3 Research Office Building Districts
|
|
OB4 Commercial Office Building Districts
|
|
OB5 Office Business Districts
[Added 9-23-1969] |
|
OB6 Office Building, Distribution, Limited Fabrication
Districts
[Added 4-14-1976] |
|
OB-CE Corporate Office Education District.
[Amended 3-13-2001 by L.L. No. 1-2001] |
|
OB-T Transitional Nonresidential District.
[Amended 3-13-2001 by L.L. No. 1-2001] |
|
C-NR Neighborhood Retail Districts
|
|
C-PS Planned Shopping Districts
|
|
C-RB Rural Business Districts
|
|
C-GC General Commercial Districts
|
|
M1 Planned Light Industry Districts
|
|
M2 Light Industry Districts
|
|
OSR District
[Added 8-14-2001] |
Said districts are bounded and defined as shown
on a map or maps entitled "Amended Zoning Map, Town of Mount Pleasant,
N.Y.," adopted and certified by the Town Clerk, which accompanies,
and which, with all explanatory matter thereon, is hereby made a part
of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Town offices.
Where districts are referred to as more restrictive
or less restrictive, the designation shall refer to the order in which
the districts are named above, the first named being the most restrictive.
Where uncertainty exists as to the location
of any boundaries shown on the Zoning Map, the following rules shall
apply:
A.Â
District boundary lines are intended to follow streets,
rights-of-way, watercourses or lot lines or to be parallel or perpendicular
thereto, unless such district boundary lines are fixed by dimensions
as shown on the Zoning Map.
B.Â
Where district boundaries are indicated as following
approximately streets, rights-of-way, watercourses, the center lines
thereof shall be construed to be such boundaries.
C.Â
Where district boundaries are indicated that they
approximately follow the edge of lakes, ponds, reservoirs or other
bodies of water, the mean high-water lines thereof shall be construed
to be the district boundaries, except that the regulations of the
most restrictive district on the edge of such a body of water shall
apply to the area within the mean high-water line thereof.
D.Â
Where district boundaries are so indicated that they
approximately follow lot lines, such lot lines shall be construed
to be such boundaries.
E.Â
In unsubdivided property or where a district boundary
divides a lot, the location of any such boundary, unless the same
is indicted by dimensions shown on said map, shall be determined by
the use of the map scale shown thereon.
F.Â
If the district classification of any land is in question,
it shall be deemed to be in the most restrictive adjoining district.
Where a lot in one ownership of record is divided
by one or more district boundary lines, regulations for the less restricted
portion or portions of such lot shall not extend into the more restricted
portion or portions.
A.Â
In interpreting and applying this chapter, the requirements
contained herein are declared to be the minimum requirements for the
protection of the public health, morals, safety, comfort, convenience
and general welfare. This chapter shall not be deemed to affect in
any manner whatsoever any easements, covenants or other agreements
between parties; provided, however, that where this chapter imposes
a greater restriction upon the use of buildings or land or upon the
erection, construction, establishment, moving, alteration or enlargement
of buildings than are imposed by other ordinances, rules, regulations,
licenses, certificates or other authorizations or by easements or
covenants or agreements, the provisions of this chapter shall prevail.
B.Â
Except as hereinafter provided, the following general
regulations shall apply:
(1)Â
Conformance required for all land and buildings. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, for any purpose or in any manner except in conformity with this chapter and particularly with the schedule constituting § 218-10 of this chapter for the district in which such building or land is located, except as hereinafter provided.
(2)Â
Lot required for every building. Every building hereafter
erected shall be located on a lot as herein defined. There shall be
not more than one main building and its accessory buildings on one
lot, except for nonresidential buildings and multifamily dwellings
in districts where such uses are permitted.
(3)Â
Yards and open space can apply to only one building.
No yard or other open space provided about any building for the purpose
of complying with the provisions of these regulations shall be included
as any part of the yard or open space for any other building. No yard
or any other open space on one lot shall be considered as a yard or
open space for a building on any other lot.
(4)Â
Subdivision of a lot. Should a lot thereafter be formed
from the part of a lot already occupied by a building, such separation
shall be effected in such manner as not to impair conformity with
any of the requirements of this chapter with respect to the existing
building and all yards and other required spaces in connection therewith,
and no permit shall be issued for the erection of a building on the
new lot thus created unless both the new lot and the portion of the
old lot remaining comply with all of the provisions of this chapter.
(5)Â
Irregularly shaped lots. Where a question exists as
to the proper application of any of the regulations of this chapter
to a particular lot or parcel because of the peculiar or irregular
shape of the lot or parcel, the Board of Appeals shall determine how
such regulations shall be applied.
(6)Â
Required street frontage. No permit shall be issued
for any building unless the lot upon which that building is to be
built has a frontage of at least 25 feet, or 15 feet in the case of
C-NR, C-GC or M2 Districts, on a street or highway as defined in § 280-a
of the Town Law, which street or highway shall have been suitably
improved, or a bond posted therefor, to the satisfaction of the Town
Board or Planning Board, as provided in said law, unless an open development
area is established by the Town Board as provided in said law.
(7)Â
Lots underwater or subject to periodic flooding. No
more than 25% of the minimum area requirement of a lot may be fulfilled
by land which is underwater or subject to periodic flooding. Land
which is underwater that is open to use by persons other than the
owner of a lot shall be excluded entirely from the computation of
the minimum area of that lot. Minimum off-street parking requirements,
minimum usable open space requirements, minimum usable areas for sanitary
disposal purposes and building sites must be satisfied by dry land
not subject to flooding.
(8)Â
Screening of business areas adjacent to residential
zones. Where a lot or parcel in a C-PS, C-NR, C-RB or C-GC Business
District abuts a residential district, said lot shall be suitably
screened on the side or sides abutting such residence district. "Suitably
screened," in this instance, shall mean placing and maintaining an
evergreen landscaping strip which, at all times of the year, shall
prevent visual sighting from ground level from an abutting use. Such
screening shall be a minimum of six feet in height and five feet in
depth. The Board of Appeals shall approve plans for such screening
before a building permit shall be issued.
A.Â
The Schedule of Regulations appended hereto,[1] which defines the use of land and buildings, the height
of buildings, the yards and other open spaces to be provided contiguous
to or in connection with buildings, the area of lots, off-street parking
space, loading space and all other matters contained herein, as indicated
for the various districts by this chapter, is hereby adopted and declared
to be a part of this chapter. The regulations listed for each district
as designated, reading from left to right across the schedule, are
subject to all other provisions of this chapter and, unless otherwise
indicated, shall be deemed to be the minimum requirements in every
instance of their application. The listing of any use in said schedule
either as being permitted in or being excluded from any particular
district shall be deemed to be an exclusion from any more restricted
district, unless such use is permitted in such more restricted district
under the language set forth in the schedule applying thereto. Only
those uses specifically listed as being permitted shall be permitted.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
B.Â
If a separate parcel of land conforming to the provisions
contained in the Schedule of Regulations shall be reduced in area
below the requirements of said Schedule of Regulations by the taking
or acquisition of a portion thereof for a public purpose, the remaining
portion thereof shall be deemed to be a conforming parcel in all respects
under the provisions of this chapter, provided that such acquisition
or taking shall not reduce such remaining area below 90% of the required
area nor any required mean width or mean depth below 90% of the required
mean width or mean depth.
[Added 4-11-2023 by L.L. No. 3-2023]
A.Â
Applications
requiring written notice to neighbors within a 500-foot radius and/or within
the Planning Board or Zoning Board of Appeals’ discretion. All
applicants to the Town Planning Board and Zoning Board of Appeals
seeking a major subdivision and/or a commercial project seeking site
plan approval and/or a special permit, at least 10 days prior to attending
a public hearing of the Planning Board and/or Zoning Board of Appeals,
shall send written notice by certified mail, return receipt requested,
to all owners of property within a 500-foot radius of the perimeter
of the property which is the subject of the application and to any
other such persons as the Planning Board and/or Zoning Board of Appeals
may deem necessary, all at the expense of the applicant. Applicants
shall also send written notice by certified mail, return receipt requested,
to all owners of property in nearby residential neighborhood(s) to
any commercial project in excess of 50,000 square feet, all at the
expense of the applicant. Said determination shall be made by the
Planning Board and/or the Zoning Board of Appeals. Property owners
entitled to notice shall be those listed as owners on the records
of the Mount Pleasant Tax Assessor’s office as of the date of
mailing. The written notice shall contain information equal to the
notice published in the newspaper, and proof of mailing receipts must
be furnished five days prior to the public hearing. Should the determination
of the landowners entitled to receive notice be in question when determined
by the above methodology, the notifier shall forward notice to the
questioned landowners also.
B.Â
Written notice
for residential applications. All applicants seeking site plan approval
for a residential property or a variance, at least 10 days prior to
attending a public hearing of the Planning Board and Zoning Board
of Appeals, shall send a written notice by certified mail, return
receipt requested, to all contiguous landowners and landowners on
the opposite side of the highway or right-of-way on which the applicant's
property has frontage. The landowners on the opposite side shall be
determined by extending straight lines perpendicular to the highway
or right-of-way on which the applicant's property abuts from the end
points of that frontage where the property line recedes from the highway
or right-of-way. Frontage on more than one highway or right-of-way
requires that all opposite owners be given notice, including the property
owner diagonally opposite a corner parcel. Property owners entitled
to notice shall be those listed as owners on the records of the Mount
Pleasant Tax Assessor’s office as of the date of mailing. The
written notice shall contain information equal to the notice published
in the newspaper, and proof of mailing receipts must be furnished
five days prior to the public hearing. Should the determination of
the landowners entitled to receive notice be in question when determined
by the above methodology, the notifier shall forward notice to the
questioned landowners also.
C.Â
Sign posting requirement.
For all special permits, variances, site plans, subdivisions and for
other matters requiring written notice as established by this chapter,
every applicant is further required to erect a sign facing each public
street on which the property abuts, giving notice that such application
has been made and that a public hearing will be held. The color, material,
size, content and wording of the sign shall be prescribed by, and
from time to time may be changed by, resolution of the Town Board.
The specifications for the sign shall be kept on file in the Town’s
Building Department. The sign shall state that there is a pending
application on the property and a telephone number to call for further
information. Signs are to be displayed for a period of not less than
10 days immediately preceding any hearing date or any adjourned hearing
date. The sign shall remain in place until the day after the hearing
is closed. If final action is not taken upon an application on the
date shown on the sign, the sign shall be updated to show the next
date, time and place when the application will appear on the agenda
of the relevant Board. The sign shall be updated no later than 10
days before the date of the meeting when the application will next
appear on the agenda of the relevant board. The sign shall not be
set back more than 10 feet from any property or street line and shall
not be less than two feet nor more than six feet above the grade at
the property line. Said sign shall be affixed to a suitable frame
which will assure visibility from the street at all times.
