Town of Mount Pleasant, NY Special District Regulations

The lot upon which such use may be erected shall contain an area of at least 36,000 square feet, a width at the setback line of at least 100 feet, a mean width of at least 150 feet and a mean depth of at least 200 feet.

There shall be a front yard of at least 75 feet, two side yards, neither of which shall be less than 20 feet, and a rear yard of at least 50 feet.

The minimum floor area per bedroom shall be 150 square feet.

The maximum building coverage of the lot area shall be 30%.

The maximum height of the building shall be 35 feet or two stories.

There shall be provided off-street parking spaces as follows: one for each nonresident employee and one for each three beds.

No building permit for the erection of such home shall be issued until the plans therefor shall have been submitted to and approved by the New York State Department of Social Services.

No kitchen facilities shall be provided in any room except one kitchen for the preparation of foods for all residents and employees, and dining facilities shall not be open to the general public.

§ 218-67 R-3AU District

The following regulations apply to the R-3AU District:

Conversion of existing public school buildings for multifamily housing. In an R-3AU District, the Town Board may permit an existing public school to be converted and/or used for multifamily housing at the following standards and subject, in addition, to the following conditions:

[Added 11-25-1980]

The minimum lot size shall be two acres.

There shall be compliance with the standards of Columns 6 through 23 of the Schedule of Regulations, Residence Districts II,[1] relating to the R-3A District, to the maximum degree considered possible by the Town Board as caused by existing conditions.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Apartments unrestricted as to occupancy, rental or sale price may be created not to exceed a density of one unit per 3,500 square feet of gross site area or approximately 12.45 dwelling units per gross acre.

Additional apartments designed in the renovated structure and occupied by one or more persons 62 years of age or older or a young family, none of whose members is older than 29 years of age, may only be established in number so as to permit up to a total number and size of apartments established by the floor area standard of 750 square feet per unit (including a proportionate share of commonly used areas, i.e., corridors, stairways, laundry rooms, etc.), set forth in Column 16 of the Schedule of Regulations, Residence Districts, II,[2] for the R-3A District, when a applied to the gross floor area of the existing school building will result in an apartment size averaging 750 square feet for all the units (including a proportionate share of commonly used areas, i.e., corridors, stairways, laundry rooms, etc.,) in the converted public school building. Said restricted apartments shall be designed and located pursuant to a plan submitted to and approved by the Town Board.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

The additional and restricted units required and established by Subsection A(4) above shall be rented, leased or sold to qualified individuals, couples or families determined by eligibility criteria set forth by the Town Board on the basis of economic or social needs, such as senior citizens who are residents of the Town of Mount Pleasant, parents of residents of the Town of Mount Pleasant or children of residents of the Town of Mount Pleasant are some of the needs to be considered, the objectives being to serve the needs of the citizens of the Town of Mount Pleasant.

The qualifications required to be met in Subsection A(5) above shall be set forth in writing and approved by the Town Board prior to the issuance of a certificate of occupancy for any use of the converted school for housing and shall be established so as to aid the process of creating and preserving the additional units as required and restricted in Subsection A(4) above and so that they may be rented, leased or sold at a cost equal to 75% of the fair market rent as established by the Town Board with the assistance of the County of Westchester or at 50% of the average rental or sales price of unrestricted units in the school, whichever is the higher rental, lease or sales figure.

The Town Board of the Town of Mount Pleasant may require proof of compliance with the special permitted use, and failure to comply with the special use may result in the revocation of the special permit for all or part of the premises.

Site plan approval by the Planning Board shall be required as to landscaping, parking, vehicular access, pedestrian usage, recreation areas and provision of utilities.

§ 218-68 C-NR District.

The following regulations apply to the C-NR District:

Apartment developments.

Small apartments in existing historic buildings. In a C-NR District, efficiency, studio, one-bedroom and/or two-bedroom apartments may be reconstructed, rehabilitated and maintained in structures designated as historic buildings in conjunction with permitted nonresidential uses in said district upon special permit approval of the Town Board and subject to the following conditions:

[Added 4-26-1983]

As an incentive to rehabilitation, small apartments may be constructed in existing structures designated as historic buildings at a density obtainable within the confines of the existing building if and as approved by the Planning Board as being in conformity with all requirements of the Zoning Ordinance.

To be classified as an historic building by the Town, the structure must be shown to be of historic significance to the neighborhood. The standards used by the Town are:

An "historic building" shall be defined as a structure contributing to the historic significance of the neighborhood, which, by location, design, setting, materials, workmanship, feeling and association, adds to the neighborhood's sense of time and place and historical development.

A structure not contributing to the historic significance of a district is one which detracts from the district's sense of time and place and historical development intrinsically or when the integrity of the original design or individual architectural features or spaces have been irretrievably lost.

[3]

Ordinarily structures that have been built within the past 50 years shall not be considered eligible unless a strong justification concerning their historical or architectural merit is given or the historical attributes of the neighborhood are considered to be less than 50 years old.

Residential apartments. In the C-NR District only, and notwithstanding any provisions of Subsection A(1) to the contrary except as noted below, residential apartments may be established, in accordance with the following standards, conditions and provisions.

[Added 4-26-1983; amended 12-30-1985; 6-10-1986; 10-27-1992; 6-8-1993; 2-26-2019 by L.L. No. 2-2019]

The issuance of a special permit by the Town Board shall be a requirement for all apartment development in the C-NR District. Said special permit procedure shall follow in general the requirements of §§ 218-21 through 218-28 of this chapter, except that the Town Board shall be substituted for the Zoning Board of Appeals as the approving agency. Prior to the issuance of a special permit, the Planning Board may initiate preliminary site plan review and shall submit a written report related to community benefit and apartment layout design, location, size, amenities related thereto and other matters deemed appropriate by the Planning Board.

Should the Town Board grant a special permit for apartment usage, said permit shall include the standing requirement for site plan approval by the Planning Board. Said special permit approval may be conditioned upon other requirements established by the Town Board as well.

The Planning Board site plan approval powers shall be enlarged to include review and approval of floor plans and facades as well as landscape plans.

Density shall be no greater than one dwelling per 3,500 square feet of gross lot area.

Dwelling units shall be no less than 650 square feet in gross area and not greater than 1,200 square feet in gross area.

(f)

No dwelling units shall contain more than two bedrooms or sleeping rooms, as defined by the Planning Board.

(g)

Off-street parking and loading shall be as required in § 218-89, except that the Planning Board may reduce said parking and loading requirements by not more than 25% based on the availability of curbside parking in close proximity, effective overlapping of use or dual usage of parking spaces or other due cause.

(h)

At least 100 square feet basic, plus 50 square feet per dwelling unit, shall be provided and improved for adequate and appropriate outdoor recreation and living space for the primary use of the inhabitants of the apartment dwellings under consideration.

(i)

All units shall be furnished with public water and sewer facilities approved by the County Department of Health.

(j)

The owner of structures shall, at its sole cost and expense, provide for the removal of all garbage, recyclables, refuse or yard waste from the property. The property shall continue to be deemed a commercial use for purposes of disposal of all garbage, recyclables, refuse or yard waste.

(k)

There shall be no residential occupancy of any ground floor area.

(l)

Each residential unit shall be provided with a separate entrance, which entrance shall, where practicable, be on the side of building opposite to the entrance or entrances to the commercial space.

(m)

Residential space, including but not limited to all hallways and stairways, shall not exceed 1/2 of the gross floor area of the entire structure.

(n)

The fee for processing and review of each application shall be based on the number of apartments approved and shall be in an amount of $1,000 for each approved apartment. Said fee shall be in addition to the site plan review application fee and any state environmental quality review processing fee.

(o)

In the course of review and in the interest of achieving or fostering one or more of the objectives of this chapter, the Planning Board may modify one or more of the C-NR zoning and site plan requirements related to this section by up to 25% in a manner so as to provide flexibility of design.

(p)

(Reserved)

(q)

A permit for residential use shall be issued for units above only those commercial uses which are found to be compatible with such housing. In making this determination, noise, odors, hours of operation, expected traffic volumes and any other relevant factors shall be considered. The following use groups shall normally be considered incompatible without satisfactory proof to the contrary: motor vehicle service stations, commercial garages and printing plants.

Transitional shopping areas.

[Added 2-24-1981]

In circumstances where a property within the C-NR District lies partially within an adjacent community and the zoning of that portion of the property is considered compatible as to basic or principal permitted usage, as determined by the Town Planning Board, the Town Planning Board may permit development at the standards established in the Town zoning district which applies or in the adjacent community's applicable zoning or in a combination of the two. The purpose of this authority is to assist in the development of compatible and viable land use facilities to the benefit of the residents of the Town and the adjacent community in recognition that these residents are inhabitants of the community at large.

The purpose to be achieved shall be to provide the opportunity to create an adequate and appropriate transition in land use and its intensity at municipal boundaries by providing the opportunity for flexibility in establishing use and development standards, thereby protecting land values of adjacent property owners, providing simpler, more accommodating and thereby more viable zoning and planning standards and procedures for qualifying property owners and thereby aiding and benefiting the general health, welfare and morals of the public.

A public hearing shall be held in accordance with site plan review procedures established by the Town Law. If the hearing is held by and within the adjacent municipality, a second public hearing may be held by the Town Planning Board if deemed appropriate.

Site plan approval shall be required by the Town Planning Board.

The property or properties which qualify for a special permit under these provisions shall have been in existence at the time of adoption of these provisions.

In no instance shall the Town Planning Board approve a reduction in any of the standards listed in Columns 1 through 23 in the Schedule of Regulations below that which would be permitted by the application of Condition 5, Column 23, in the C-NR District on said Schedule of Regulations, Nonresidence Districts III.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-69 C-PS District.

The following regulations apply to the C-PS District:

Planned shopping developments. Within a C-PS District, no business or shopping center buildings shall be erected on any lot unless the site plan for its development has been approved by the Planning Board as being in conformity with the provisions of this chapter and with the additional requirement that access and service roads are properly related to streets, highways or parkways so as to provide a logical road system and to avoid unsafe conditions and traffic congestion. The plan for site development shall render such use compatible with uses in abutting districts.

§ 218-70 OB1, OB2 and OB3 Districts.

The following regulations apply to the OB1, OB2 and OB3 Districts:

Uses permitted. Within an OB1, OB2 or OB3 District, no building or premises shall be erected, altered or used for other than one or more of the following uses or purposes, provided that the site plan of development, other than residential development, is approved by the Planning Board as being in conformity with the provisions of this section and the Schedule of Regulations.[1] Permitted uses shall be as follows:

Any use permitted and as regulated in the residence district or districts which abut the office building district, such regulations to extend into the office building district to a depth of 250 feet, the interior remaining area to be classified and subject to the regulations and conditions of the residence district which predominates on the perimeter boundaries of the office building district, except that in the case of properties zoned in the OB1 Office Building District in all cases where the R-40 One-Family Residential District shall apply, the minimum area in square feet for all parcels used for residential purposes shall be 80,000 square feet. Where more than one district would apply under this provision, the regulations and permitted uses of the more restricted district shall apply. For the purposes of this subsection, property across a public street from an office building district shall be considered as abutting the perimeter of the district.

Office buildings for business and professional use; research development and control laboratories; and data-processing centers.

[Amended 8-9-1977]

Accessory uses and enclosed storage.

[Amended 8-9-1977]

Accessory uses to the permitted principal uses, including garages for storage and maintenance of company, employee and visitor motor vehicles, storage of gasoline and lubricating oils therefor, parking facilities, maintenance and utility shops for the upkeep and repair of other buildings and structures and services, central heating and power plants for furnishing heat and energy to structures on the site only (with a chimney of sufficient height to provide natural draft), training schools for employees, buildings for storage of documents, records and personal property, small laboratory rooms and communication facilities, including antennas, and clinics, cafeterias and recreation facilities, banks, post offices, company stores and guest lodges for the use of company employees and of visitors to the office building or buildings but not for the general public, provided that such uses are planned as an integral part of the office building development and are located on the same site.

Enclosed storage or warehousing in conjunction with the permitted principal use, provided that the gross floor area of such permitted accessory use does not exceed 50% of the total floor area of the office building development and that it is a part of an office building or light research laboratory.

The Town Board may, upon application, in a form and manner approved by it, grant specific authorization, upon such terms and conditions as it deems proper, to allow the processing, blending, production, packaging and storage of syrups, concentrates and similar materials, but only in conjunction with a permitted principal use.

No use permitted hereunder shall be so conducted as to be noxious or offensive by reason of odor, dust, smoke, gas, vibration, noise or excessive light. No use shall be permitted from which there would be a harmful discharge of waste materials or which would constitute a menace to surrounding properties by reason of fire, explosion or other physical hazard.

Additional uses permitted in OB2 Districts. In addition to those uses listed above, the following uses are also permitted in a Public Utility Office Building District OB2:

General, operational and service offices of local or regional public utility companies.

Accessory uses thereto, including those accessory uses listed in Subsection A(3) above, and warehouses, outdoor storage of company vehicles, equipment and materials, maintenance and utility shops for company equipment and other similar incidental and related purposes, provided that such uses are planned as an integral part of the development and are located on the same site, and further provided that all operations, other than transfer and storage of vehicles, equipment and materials, shall be conducted solely within a building or group of buildings.

No power generation for outside purposes and no manufacturing, except fabrication incidental to other permitted uses, shall be permitted.

Additional uses permitted on OB3 Districts. In addition to those uses listed in Subsection A(1) to (4) above, the following uses are also permitted in a Research Office Building District OB3:

Laboratories devoted exclusively to research design and experimentation; provided, however, that:

Pilot plants for the testing of manufacturing, processing or fabrication methods or for the testing of products or materials shall be permitted only as accessory to a research laboratory, and in no case shall more than 30% of the total floor area be devoted to such uses. No materials or finished products shall be manufactured, processed or fabricated on said premises for sale, except such as are incidental to said laboratory research, design or experimental work.

No manufactured or commercial explosives shall be kept, maintained or stored on said premises except in small quantities for laboratory research, design or experimental use, and then only in compliance with all applicable federal, state and local safety statutes.

[3]

Animals may be kept or maintained when necessary for laboratory research, design or experimental work, but only after specific authorization by the Town Board, which shall limit the number and kind of animals, designate the place for keeping of such animals, impose regulations recommended by the County Health Department and provide for suitable safeguards, including fencing and landscaping, to protect the public health, safety and welfare.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Sites for office building development. The site devoted to an office building development shall be at least 25 acres for an OB1 or OB3 District and 20 acres for an OB2 District. There shall be no more than one office or laboratory building or one integrated group of such buildings designed as a unit on any one lot. The Planning Board may approve the subdivision of a site into smaller sites, provided that all of the following provisions are satisfied:

The original site shall be planned and laid out as one unit, including the location of buildings, roads, access and circulation drives and off-street parking areas.

Construction of buildings, roads and off-street parking areas subsequent to such subdivision shall conform to the approved original plan.

Any site resulting from such subdivision shall be at least five acres in area, and all such sites having frontage on an official street or streets shall have at least 200 feet of frontage thereon.

In an OB1 District, any permitted building which is more than one story in height shall be set back an additional 25 feet from all property lines of the site as defined in this subsection for each additional a story above the first floor. In addition, if a permitted building is more than 200 feet in length, the Planning Board may require additional setbacks from any or all such property lines subject to the provisions of § 218-95 of this chapter.

All buildings on any sites resulting from such subdivision shall be of harmonious architectural design, and the exterior finish thereof shall be harmonious throughout such buildings.

In an OB1 District in no case shall the building coverage and the parking area required hereunder exceed 45% of the site area as defined in this subsection. The maximum building coverage may be increased by 100 square feet for every parking space which is located underground or within or beneath a permitted principal or accessory building, except that the total building coverage shall not exceed 30% of such site under any conditions.

All other provisions and regulations for this district shall apply to any development on any site resulting from such subdivision, regardless of the resulting size of such site.

Access and service roads and off-street parking.

Access and service roads shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion and to provide a logical road system. The plan for such access and service road connections shall be approved by the Town Board before a zoning permit shall be issued. The occupancy of the office buildings or laboratories may be limited by the Town Board to a number of employees commensurate with the practical capacity of the public streets providing access to the site, taking into consideration the number of shifts, hours of arrival and departure and other pertinent factors.

Parking space shall be provided on the site (and on any site resulting from a subdivision thereof) to accommodate company, employee and visitor motor vehicles equal to one square foot of parking space for each square foot of office floor area plus one space for each employee on duty at peak employment hours engaged in an accessory use and one space for each company vehicle. In an OB1 District, which permits warehousing and enclosed storage as an accessory use, any site plan of development shall clearly indicate that the parking requirements of this chapter can be met should any building or group of buildings be converted from warehousing or other accessory use to office space. Parking areas shall be permanently improved and suitably screened with planting and shall be set back at least 50 feet from the property lines of the site as defined in Subsection B of this section. No parking except visitor or customer parking shall be permitted in the front yard of any building, and no parking area for commercial-type vehicles shall be located within 150 feet of any such property lines. The plan for off-street parking areas shall be approved by the Planning Board and shall conform to the general purpose and intent of this chapter and promote compatibility of such use with abutting properties.

Application of height limitations. In an OB1, OB2 or OB3 District, the height limitations as set forth in the Schedule of Regulations[2] shall not apply to ventilators, skylights, water tanks, bulkheads, building chimneys, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above the roof level, except that the total area covered by all such features shall not exceed 25% of the roof area, and the height of each such feature shall not be more than 15 feet above the roof level. The height of separate chimneys for central heating and power plants and for separate water towers shall not exceed 55 feet. One antenna, when accessory to the principal use, may be erected to a height not to exceed 100 feet above the ground.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Outdoor storage in an OB2 District. Outdoor storage areas for equipment and materials, which are permitted only in an OB2 District, shall be suitably screened and shall be located at least 100 feet from any property line and at least 150 feet from any street line. Outdoor storage areas shall not cover more than 15% of the area of the site. The Town Board shall approve plans for the location and screening of outdoor storage areas before a zoning permit shall be issued.

Distance between buildings. In an OB1, OB2 or OB3 District, the distance between any two buildings shall at least equal twice the height of the taller of said buildings.

Signs. In an OB1, OB2 or 0B3 District, there shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies established on the site. Such a sign shall not exceed 50 square feet in area and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary small direction signs shall be permitted.

Exterior spotlighting and screening from parkways. In an OB1, OB2 or OB3 District, exterior spotlighting or other illumination shall be so installed as to prevent any nuisance to adjacent residential districts or to traffic on public highways. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be permitted. In an OB1, OB2 or OB3 Districts, all sites shall be suitably screened from any adjacent park or parkway.

§ 218-71 OB4 District.

The following regulations apply to the OB4 District:

Definition of unit parcel or site. In a Commercial Office Building District OB4 if adjacent tracts or parcels of land or tracts or parcels of land bounded or separated only by a public road or roads are owned by one person, firm or corporation, for the purpose of this section, such tracts or parcels of land shall be deemed and construed to be one unit parcel of land or site, notwithstanding that said unit parcel or site is comprised of two or more lots, plots or parcels of land as shown on the Tax Assessment Map of the Town of Mount Pleasant. Said unit, parcel or site shall not be subdivided except for the purpose of residential development or for the construction of retail sales and service shopping areas as hereinafter provided.

Uses. In a Commercial Office Building District OB4 no building or premises shall be used and no building or group of buildings shall be erected, altered or used for other than one or more of the following uses and purposes:

Executive and administrative offices.

Engineering offices.

Sales offices.

Accounting offices.

Record offices.

General business offices.

Warehouses for storage of business records and documents.

Research, development and sales development laboratories.

(9)

Training schools for employees.

(10)

Employees' medical dispensaries and infirmaries.

(11)

Employees' dining halls or rooms.

(12)

Employees' recreation halls.

(13)

United States post office substation.

(14)

Branch office of a banking corporation.

(15)

Maintenance and utility shops and buildings to support, maintain and keep in repair the various other buildings, structures and facilities allowed and permitted to be constructed, erected, built and altered for the use and purposes provided in this section.

(16)

Garages for storage, repair, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles owned by the owner or occupant of such unit parcel or site or owned by the employees of such owner or occupant or by visitors having business with such owner or occupant.

(17)

Central-heating, air-conditioning and power plants for furnishing heat, air conditioning and electric energy to the buildings, structures and facilities allowed and permitted to be constructed, erected, built and altered for the uses and purposes provided in this section.

(18)

Employees' clubhouses.

(19)

Lodges or inns for visitors having business with the owner or occupant of said unit parcel or site.

(20)

Gasoline filling stations for the supply of gasoline, oil and other fuel or lubricants for the propulsion and maintenance of vehicles owned by the owner or occupant of such unit parcel or site or owned by employees of such owner or occupant or by visitors having business with such owner or occupant.

(21)

Parking spaces or areas for the parking of automobiles and other motor vehicles of the owner or occupant of said unit parcel or site, of the employees of said owner or occupant and of visitors having business with said owner or occupant of said unit parcel or site.

(22)

Recreational facilities for employees of said owner or occupant of said unit parcel or site.

(23)

If said unit parcel or site shall exceed 100 acres, the following additional uses and purposes shall be permitted, and buildings may be erected, altered and used for one or more of said uses and purposes:

Retail sales and service shopping areas, subject to the requirements therefor contained in the schedule.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Single-family detached dwellings upon a separate lot containing a minimum of 10,000 square feet, with height, building area, side yard, rear yard and front yard requirements as set forth in the schedule.

Multifamily detached dwellings not to exceed an average density of six dwelling units per acre in said unit parcel or site and density on any one acre of 15 dwelling units, subject to the requirements therefor contained in the schedule.

(24)

In addition to the foregoing, there shall be permitted and allowed all uses and purposes similar to, accessory to, necessary to or incidental to any or all of the foregoing uses and purposes.

Signs. In a Commercial Office Building District OB4 signs, billboards, signboards and other devices or displays may be applied to, or erected on the roof of, any building but shall not exceed 10 feet in height and 18 feet in width and may be illuminated.

Retail sales and service shopping areas. No retail sales and service shopping area shall constitute more than 10% of said unit parcel or site, and the aggregate of all such areas shall not constitute more than 20% of said unit parcel or site.

Offensive uses prohibited. No building may be erected, constructed, altered, designed or used, nor may said unit parcel or site be used, for any use or purpose that is noxious or offensive by reason of odor, dust, smoke, gas, vibration or noise.

Off-street loading areas. Any building to which deliveries are made or from which shipments or deliveries are made at regular or frequent intervals shall provide adequate off-street loading areas.

§ 218-72 OB5 District

[Added 9-23-1969; amended 11-24-1970].

The following regulations apply to the OB5 District:

See the Schedule of Regulations, Nonresidence Districts, included at the end of this chapter.

In the course of site plan review, as required by this chapter, the Planning Board shall have the power to vary the requirements of the chapter as to height limitations, yard setbacks. minimum interior yard dimensions and floor area, building coverage and required parking and other matters listed in the Schedule of Regulations, provided that the Planning Board shall determine that such variations are in the public interest and necessary in order to foster high-quality development and redevelopment, are in compliance with the general purpose and intent of this chapter and will ensure compatibility with uses on adjoining properties. In no case shall the variation of any requirement be greater than 60% of said requirement. Such variations shall apply only to the particular site plan and proposals thereon which are under review.

A hotel shall be a permitted principal use in the OB5 District, subject to the following standards and to site plan review by the Planning Board:

No cooking facilities in guest rooms.

Provisions for meeting and banquet rooms, dining, recreation, business and social activities.

Height not in excess of 90 feet on parcels 12 acres or more in size, eight-acre hotel sites with 400 feet of frontage on a state highway, coverage of 15%, gross floor area ratio of 35%, impervious area coverage of 60% with 150 feet front, 100 feet side area coverage with 150 feet front, 100 feet side setbacks, meeting parking and sign requirements of this chapter.

[Added 2-22-1977]

Any use permitted and as regulated in the residence district or districts which abut the Office Building District shall be permitted, such regulations to extend into the Office Building District to a depth of 250 feet, the interior remaining area to be classified and subject to the regulations and conditions of the residence district which predominates on the perimeter boundaries of the Office Building District, except that, in the case of properties zoned in OB5 Office Building Districts, in all cases where the R-40 One-Family Residential District provisions and the Schedule of Regulations[1] shall apply, the minimum area in square feet for all parcels used for residential purposes shall be 40,000 square feet. Where more than one district would apply under this provision, the regulations and permitted uses of the more restricted district shall apply. For the purposes of this subsection, property across a public street from an Office Building District shall be considered as abutting the perimeter of the district

[Added 4-10-1979]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

In addition to the uses listed in Subsections A, C and D above, the following use is also permitted in the OB5 District:

[Added 9-13-2011]

Laboratories devoted exclusively to research, design and experimentation; provided, however, that:

Animals may be kept or maintained when necessary for laboratory research, design or experimental work, provided they shall be maintained within a facility housed in a building interior, which shall be no more than 20% of the total gross floor area within such building and which shall comply with all applicable federal, state and local laws.

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation may be developed in accordance with the dimensional standards applicable to the C-RB Highway Commercial Zoning Districts as set forth on the Schedule of Regulations, Nonresidence Districts IV, Columns 5 through 15.

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation shall be subject to a maximum height requirement of four stories or 80 feet.

(f)

On parcels in excess of 50 acres, laboratories devoted exclusively to research, design and experimentation may be developed in accordance with a site plan approval authorizing phased improvement of a parcel over a specified period of time. Such phased development shall be authorized over a period not to exceed 10 years, subject to extension by the Planning Board. The actual sequencing of a phased approval may be modified, following the issuance of site plan approval, upon approval of the Town Engineer and Building Inspector.

§ 218-73 OB6 District.

[Added 4-14-1976]

The following regulations apply to OB6 Districts:

The Planning Board may modify yard requirements. No parking in a yard facing a residential district shall be permitted.

Screening, shrubbery and landscaping of buildings shall be as approved by the Planning Board.

Upon site plan approval of a lot or parcel of 10 acres or more and upon the issuance of a certificate of occupancy for a nonresidential use on any portion thereof, the remainder of said lot or parcel shall automatically be disqualified and ineligible for residential use.

Building height shall be determined by averaging the heights of the elevation at all building corners as measured from the finished grade, as determined by the Planning Board.

No truck terminals shall be permitted. Overnight truck parking shall be permitted in suitably screened or enclosed areas.

Uses permitted shall be those uses as permitted above and as regulated in § 218-75A(2). Specifically permitted uses in the OB6 District may be established on sites of two acres or larger within an overall tract or parcel with a lot size of ten or more acres and shall be subject to site plan and subdivision approval insofar as considered appropriate by the Planning Board. In its approval the Planning Board shall be bound by the standards and provisions of the Schedule of Regulations.[1]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

As determined appropriate by the Planning Board in site plan review:

The original or overall site shall be planned and laid out as one unit, including but not limited to the location of buildings, roads, access and circulation drives, drainage, open space and off-street parking areas, recreation, street trees, signs and other facilities and utilities insofar as considered appropriate by the Planning Board and as in its review of subdivisions. Planning Board site plan approval and public hearing shall be required and substituted, except as worded herein, for approval and public hearing of any subdivision or resubdivision of lots or sites within an overall site.

Construction of buildings, roads and off-street parking areas and other factors mentioned in Subsection G(1) above subsequent to such subdivision shall conform to the original plan, or as may be amended, approved by the Planning Board.

Any lot or site resulting from such subdivision shall be at least two acres in area, and all such sites having frontage on an official or approved street or streets shall have at least 100 feet of frontage thereon and shall be subject to said site plan review and approval by the Planning Board.

All buildings on a collector road within the site shall be set back at least 50 feet from the edge of pavement.

All buildings on any sites resulting from such subdivision shall be of harmonious architectural design, and the exterior finish thereof shall be harmonious throughout such buildings. The Planning Board may request the advice of the Board of Architectural Review in these matters.

In no case shall the total building coverage exceed 30% of the site area, nor shall the total of the building coverage and paved areas, including roads required hereunder, exceed 60% of the overall site area.

Access and service roads shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion and to provide a logical road system. The plan for such access and service road connections shall be approved by the Planning Board at the time of site plan approval. The Planning Board may also limit the occupancy of the permitted buildings on the basis of the parking spaces available and the uses approved on the site plan.

Parking spaces shall be provided on the parcel or site as provided in § 218-89, as amended, in an amount, considered sufficient by the Planning Board to accommodate company, employee and visitor motor vehicles, equal to the parking requirements specified in § 218-89, as amended. Any site plan of development shall clearly indicate that the parking requirements of this chapter can be met should any accessory use or accessory building or group of buildings be converted to a use requiring a greater amount of parking as provided in this chapter. Parking areas shall be permanently improved and suitably screened with planting and shall be set back at least 30 feet from the property lines of the site as defined in this section. No parking except visitor or customer parking shall be permitted in the required front yard of any site. The plan for off-street parking areas shall be approved by the Planning Board as part of the site plan and shall conform to the general purpose and intent of this chapter to promote compatibility of such use with the abutting properties. The Planning Board may reduce the amount of parking actually constructed at any particular time upon a finding that the required amount is excessive in relation to the type of use or building design. Parking shall be permitted in side and rear interior yards, provided that adequate landscaping and traffic circulation is shown on the site plan. No parking, except as noted above for visitors and customers, shall be permitted in the required yard facing the primary entrance road.

Signs.

In an OB6 District the following signs are permitted:

At each ingress from a public street to the overall site, a freestanding sign not exceeding 75 square feet in total area and not more than 10 feet in height, limited to the name of the development and listing the major sections or use areas therein; in addition, a freestanding directory sign not exceeding 75 square feet and 10 feet in height may be placed in connection with each ingress to provide directions for visitors to the various users.

At each ingress to various sections or use areas of the overall site, a sign not exceeding 40 square feet in area and not more than seven feet in a height, limited to the name of the development or use area and section and a listing of the occupants therein.

For all nonresidential use areas or sections at each ingress to a building site, a sign not to exceed 20 square feet in area and not more than seven feet in height identifying the occupant or occupants of the building.

Directional signs each not exceeding six square feet in area and not more than four feet in height may be placed as required giving the direction to a building, use or group of buildings or parking and loading areas.

Temporary nonilluminated real estate and construction signs not exceeding 75 square feet in area and 15 feet in height may be placed on each building site, which signs must be removed from such site no later than 12 months after the issuance of a permanent certificate of occupancy.

All signs shall be nonmoving and nonflashing. Light sources, if any, shall not be exposed. Signs shall not extend above the roof or coping of any building.

There shall be no advertising signs other than one facing each public street announcing the name and/or insignia of the company or companies established on the site. Such a sign shall not exceed 50 square feet in area and shall not extend above the roof or coping of any building.

Signs shall not be illuminated by exposed tubes, bulks or other similar exposed light sources.

Necessary small direction signs shall be permitted in locations approved by the Planning Board.

In an OB6 District, radio transmission towers and antennas may be permitted and may be approved by the Planning Board as an integral part of an overall plan or amendment to such plan, for a site of at least 30 acres in said district, subject to the following conditions:

[Added 2-24-1981]

No radio transmission tower and antenna shall be permitted unless the studio or principal office of said radio station is located on the same site as the tower.

The setbacks for said towers from all adjoining property lines and streets shall be established by the Planning Board, taking into consideration the use and ownership of abutting parcels and the standards approved in said overall plan.

All facilities at the base of such tower, including accessory enclosures for transmitters, shall be fenced and landscaped to the satisfaction of the Planning Board. The Planning Board may also establish additional safeguards as it feels necessary to protect the public interest and safety, including regulations regarding the marking and illumination of such towers.

The maximum height of such tower and antenna shall not exceed 250 feet, subject to the provisions of Subsection J(5) below.

When said tower is located on a site which is in the vicinity of a heliport or airport, the Planning Board shall request a report from the state, county or other government entity owning and operating such heliport or airport prior to approving said tower and antenna as part of an overall plan. In the event that an agency owns, operates and/or leases a heliport or airport facility whose flight path may be affected by the erection of such tower, then the height and location of said tower shall be adjusted by the Planning Board to meet the requirements established by said agency in said report. The Planning Board shall request said report, in writing, from the state, county or other agency. In the event that said agency does not respond in writing within 30 days thereafter, the Planning Board shall proceed to act on said tower.

§ 218-74 OB-CE District

[Added 6-28-1983; amended 2-9-1993]

Among the purposes of the Corporate Office Education OB-CE District is the desire to provide office, housing, dining and conference facilities in an appropriate physical setting to adequately advance, support, serve and benefit the education of the employees of major corporations and others. To these ends the following provisions shall apply, in addition to the specific standards for the OB-CE Zoning District as outlined in the Schedule of Regulations.[1] following more specific conditions shall apply in addition to other sections of this chapter deemed pertinent by the Planning Board:

All development in the OB-CE District shall be subject to site-specific and development-related environmental review by the Planning Board in conjunction with site plan and subdivision review and approval, to the extent deemed appropriate by the Planning Board. The building, its architectural and landscape design and all uses on the site shall be so located and constructed so as to set a high design standard and provide ample buffering for neighboring uses and to minimize any adverse environmental impacts. The Planning Board shall address the Town Law and the State Environmental Quality Review Law and shall determine the need for an environmental impact statement during site plan review in accordance therewith.

As to permitted uses, more than one or a combination of permitted principal, accessory or special uses may be permitted on a particular site subject to the standards and provisions of the OB-CE District. Accessory uses shall include but not be limited to those listed in § 218-70A(3). Office building uses as permitted and regulated by the Planning Board in accordance with the standards and provisions of the OB1 District shall also be permitted in the OB-CE District upon issuance of a special permit and site plan approval by the Planning Board. Such office and related accessory uses may be for all or a portion of the lands designated "OB-CE" and shall be constructed to the OB1 District area standards as approved by the Planning Board. Accessory uses of a security or utilities nature, such as an entrance gate or drainage facilities, may be located in required yards upon site plan approval.

As to lot area, width and other dimensional standards, such measurements shall be made exclusive of those portions of the site devoted to the main access drive, as determined by the Planning Board. The width of lot at the front yard setback shall be measured by a vertical plane established and approved by the Planning Board as passing through the point of the principal building use closest to the main public access street and generally parallel thereto.

As to building height, Subsection B of the definition of "height of building" in § 218-3 shall be applied, except that, because of the extensive site planning nature of uses permitted in the OB-CE District, the last paragraph therein referring to the established grade of the curb shall be applied as deemed appropriate by the Planning Board.

As to parking and loading, the minimum number of off-street parking spaces shall be one space for each employee and instructor and one space for every three beds, plus one space for each enrolled day student, plus 10% additional spaces to that above for visitor purposes and as provided in Article VI, whichever results in the greater amount of spaces. The Planning Board may vary parking space size based upon automobile size and may increase or decrease the amount of parking required up to 50% in the course of site plan review, provided that the minimum required spaces are shown on the site plan and designated as buildable upon determination of future need by the Planning Board. Off-street loading requirements for principal and accessory uses shall be as deemed appropriate by the Planning Board. Special permit uses shall meet the requirements of the OB1 District.

For the purpose of the OB-CE District, a "hotel not operated as a public hotel" shall mean a facility offering residential accommodations for persons where such persons are limited to persons using the educational facility or conducting business with the facility owner, tenant or occupant or an employee of the facility owner, tenant or occupant. A "restaurant not operated as a public restaurant" shall mean a facility offering food and beverage to persons using the educational facility or conducting business with the facility owner, tenant or occupant or an employee of the facility owner, tenant or occupant. The use of the facility by persons solely for the purpose of using the residential or restaurant accommodations shall be prohibited if such persons are not conducting business with the facility owner, occupant or tenant.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-74.1 OB-Master Plan (MP) District.

[Added 11-22-2022 by L.L. No. 9-2022]

OB - Master Plan (MP).

The purpose of the OB-MP District is to allow for the flexibility to provide a vibrant, connected environment that encourages smart growth, healthy communities, innovation, while supporting and promoting diverse job creation in emerging fields, including, but not limited to, biotech, medical research, education, robotics and supporting ancillary services and uses. This zone allows for the incorporation of technology labs, medical offices, educational facilities and activities, residential housing supporting such uses, and indoor and outdoor arts and cultural spaces for education at all levels, retail, restaurants, among other uses, to create a walkable mixed-used community.

Uses. An applicant may submit a biotech mixed use development project that is part of an integrated master plan approved by the Planning Board on a site consisting of one or more contiguous lots having a minimum combined lot area of at least 55 acres and bordering a state or county highway. Such integrated master plan shall be limited to uses permitted in the OB-MP District in the attached Schedule of Regulations[1] and shall be in conformity with an approved site-specific master plan.

Editor's Note: Said Schedule is included as an attachment to this chapter.

SEASONAL OUTDOOR CUSTOMER SEATING

Definitions. In the OB MP District, the following definitions shall apply:

HOTEL

A facility containing rooms or suites consisting of connected rooms, with or without cooking facilities, offering transient lodging accommodations to the general public wherein all rooms are connected to interior hallways, and thereby to interior elevators, lobbies or stairways, through which access to the exterior is gained. Hotels may include, but are not be limited to, related services such as restaurants, meeting rooms, recreational facilities, or educational uses.

LOW IMPACT HOUSING

A building, or portion thereof, with each unit consisting of living space with a kitchen and private bathroom for biotechnical employees, nurses, medical residency students or other members of educational faculty or hospital staff, limited to studios and one bedroom apartments. The housing units shall not be smaller than 540 square feet nor greater than 900 square feet.

The Planning Board may annually permit seasonal outdoor customer seating and tables on a property and, to a limited degree, extensions onto abutting Town property subject to the following conditions:

Outdoor customer seating shall be permitted year-round.

The Planning Board shall limit the area of outdoor customer seating such that it will not interfere in any way with fire exits or other requirements of the Building Code of New York State.

The Planning Board shall limit the area to be devoted to outdoor customer seating so that it will not interfere with access by the handicapped and shall maintain on any Town sidewalk a safe, adequate and unobstructed passageway for pedestrians not less than five feet in clear width from the edge of the outdoor seating area to the nearest obstruction.

The outdoor area to be devoted to seasonal outdoor customer seating shall not be considered for the purpose of determining on-site parking requirements.

§ 218-75 M1 and M2 Districts.

The following regulations apply to the M1 and M2 Districts:

Within any Planned Light Industry District M1 or any Light Industry District M2, no building or premises shall be used and no building or group of buildings shall be erected, altered or used for other than one or more of the following uses and purposes, provided that in an M1 District the site plan of development is approved by the Town Board as being in conformity with the provisions of this section and the Schedule of Regulations.[1]

Any principal nonresidential use permitted in any other district, except child day-care centers which shall be expressly prohibited.

[Amended 3-26-1996]

Light industrial or manufacturing uses, listed under the provisions of Subsection A(3) below, which may include fabrication, processing, converting, altering, assembling or other handling of products, the operations of which are conducted solely within a building or group of buildings and will not cause or result in:

Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings in which such use is conducted.

Menace by reason of fire, explosion or other physical hazard, including radiation or electrical disturbance.

A harmful discharge of waste materials.

Unusual traffic hazards or congestion due to the type of vehicles required.

The Town Board, after due notice and public hearing, shall establish and from time to time revise a list of uses conforming to the standards specified in Subsection A(2) above, including any conditions to which any of such uses shall be subject in order to assure continued conformity, but excluding any uses prohibited in Subsection A(4) below. Such list may be referred to the Planning Board for recommendation. This list follows:

	Bakers and baked goods manufacturing, provided that adequate safeguards against the dissemination of odor are provided.
	Bookbinders, engravers, lithographers.
	Cabinetmakers, carpenters' shops, power woodworking.
	Clock and watch manufacturing.
	Cold-storage plant.
	Electrical small-parts manufacturing.
	Furniture repairs, finishing and upholstering.
	Jewelry manufacturing.
	Limited fabrication, as permitted in § 218-39A, except that no special permit is required
	Machine shops for small parts.
	Optical goods manufacturing.

Specifically excluded uses include, but are not necessarily limited to, the following:

The slaughtering or processing of animals, fowl or fish or components thereof or manufacture of any commodity, the major part of which is animal or fish matter, provided that the sale of fresh or processed animals or fish as foodstuffs shall be permitted.

The manufacture of heavy chemicals such as, but not necessarily limited to, acids or other corrosives, ammonia and caustic soda; the manufacture of basic or semifinished chemicals such as, but not necessarily limited to, cellulose products, resins, dyestuffs, glues, vegetable, animal or mineral fats or oils, explosives, soaps and detergents, fertilizers, combustible gases and asphalt and tar products; the manufacture or production of primary metals or alloys in ingot or stock form; the manufacture or production of cement, plaster and their constituents, matches, paints, linoleum and oilcloth, rubber and rubber products.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Within any Planned Light Industry District M1 all uses shall conform to the following standards:

The site shall be at least 10 acres in area and shall have at least 250 feet of frontage providing suitable access to existing streets or highways. There shall be no more than one principal building or integrated group of buildings designed as a unit on one lot.

Access and service roads from existing streets, highways or parkways shall be properly related to the public street, highway and parkway systems so as to avoid unsafe conditions and traffic congestion. The plan for such access and service road connections shall be approved by the Town Board before a zoning permit shall be issued. Parking space shall be provided on the site to accommodate company, employee and visitor motor vehicles for which the development is designed, with at least one car space for each two employees and one space for each company vehicle. Parking areas shall be permanently improved and suitably screened with planting and shall be set back from street and property lines of the site at least 50 feet, except that no commercial-type vehicles shall be parked within 150 feet of street lines and 100 feet of other property lines.

Ventilators, skylights, water tanks, bulkheads, chimneys, necessary mechanical appurtenances and similar features not used for human occupancy and usually carried above the roof level may extend an additional 15 feet above the roof level of a building, but the total area of all such features shall not exceed 25% of the roof area. The height of chimneys for heating and power houses and the height of individual water towers may be increased above the limitations of this section, provided that these structures are set back an additional 100 feet from all property lines for each additional 20 feet of height or part thereof. The height limitations of this section shall not apply to radio antennas when accessory to the principal use, except that no more than one such antenna shall be erected on any site, and the height of such an antenna shall not exceed 100 feet above the ground. The distance between any two buildings shall be at least equal twice the height of the taller of said buildings.

Outdoor storage shall be permitted only when accessory to a permitted principal use and only when storage areas are suitably screened and are located at least 100 feet from any property lines and at least 150 feet from any street lines, and such storage areas shall not cover more than 15% of the site areas. The Town Board shall approve plans for the location and screening of outdoor storage areas before a building permit shall be issued.

There shall be no advertising signs other than one facing each public street, announcing the name and/or insignia of the company or companies on the site. Such a sign shall not exceed 50 square feet in area and shall not extend above the roof or coping of any building. Signs shall not be illuminated by exposed tubes, bulbs or similar exposed light sources. Necessary direction signs shall be permitted. Exterior spotlighting or other illuminations shall be so installed as to eliminate any nuisance to adjoining residential districts or to traffic on the public highways. No unshaded light sources shall be permitted. Necessary safety lighting of roads and buildings and lighting required by governmental regulations shall be permitted.

All accessory uses and parking and storage areas shall be planned as an integral part of a site and shall be located on the same site with the principal use. When an industrial development is immediately adjacent to land in a residence district, the Town Board may require the installation of an evergreen landscaped strip and/or a suitable fence to screen the residential properties.

All sites shall be suitably screened from any adjacent park or parkway.

Within a Light Industry District M2 the standards listed above in Subsection B(5) and (6) shall apply, in addition to those standards set forth in the Schedule of Regulations.[2]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-75.1 OSR District.

[Added 8-14-2001]

The Town Board finds that the conservation of open space and associated historic resources and the promotion of public understanding, awareness and appreciation of nature, the environment, and regional history and culture make important contributions to the quality of life in the Town. The Town of Mount Pleasant Open Space Environment Plan has identified important open space resources within the Town whose "natural scenic beauty or. . . existing openness, natural condition or present state of use, if preserved, would. . . establish a desirable pattern of development or would offer substantial conformance with the planning objectives of the municipality." The purpose of this district is to preserve the content and character of existing open space and agricultural lands, and their continued use as such, by the establishment of a separate zoning district and regulating provisions limiting the future development and alteration of such existing open space and agricultural lands, and by promoting the continued use and conservation of the qualities and appearance of said lands within the OSR District. To these ends, the following provisions shall apply, in addition to the specific standards for the OSR Open Space Resource District as outlined in the Schedule of Regulations.[1]

All development in the OSR District shall be subject to site plan approval by the Planning Board.

Permitted principal uses include one or a combination of the following:

Preservation and conservation of open space lands.

Nature preserves.

Dedicated passive parklands.

Preservation of historic structures and sites as deemed appropriate by the Planning Board.

Conservation of open space character and preservation of existing natural resources and aesthetic environmental quality through the continuation of agricultural use and natural landscape management.

Educational and cultural program use related to natural resource and agricultural conservation, and historic preservation and interpretation. Program use may include, but not necessarily be limited to, classes, events, tours, exhibits, lectures and presentations, including the sale of retail goods incidental to said program use.

Accessory principal uses. The following accessory principal uses shall be permitted in connection with a permitted principal use, provided such accessory use is clearly shown to be subordinate to the overall operations of the principal use and conservation of the property and open space resources thereon, and provided that a minimum of 90% of the floor area of such accessory principal uses shall be contained within structures existing on the site as of April 1, 2001. The maximum floor area permitted for such accessory principal uses shall be equal to a floor area ratio of 0.02, or 45,000 square feet, whichever is less.

Professional and business offices.

Restaurant.

Cafe.

The following accessory uses shall be permitted only in connection with a permitted principal use or a permitted accessory principal use:

Required off-street parking areas.

Signs.

Caretaker or staff residences, not to exceed a combined total floor area of 2,500 square feet. Existing staff residences may continue to be used for that purpose, notwithstanding other minimum area requirements of this section.

Noncommercial structures incidental to permitted principal educational and agricultural programs, including but not limited to barns, storage sheds, greenhouses and gatehouses. Notwithstanding other side yard requirements of this section, a one-story gatehouse structure of not more than 100 square feet located along a site access road shall have a minimum side yard of 10 feet.

Approvals for the construction of such ancillary agricultural structures of a size not exceeding 2,500 square feet may be granted by the Town Engineer and Building Inspector, upon their determination that the use, size and location of such structure(s) is generally consistent with a valid site plan approval granted by the Planning Board and all related conditions and requirements.

[Added 5-24-2016 by L.L. No. 7-2016]

Renovation and reuse of existing structures; maximum building height/stories.

Existing structures may be renovated or repaired, and utilized, to their existing height/stories for uses permitted in the OSR District. All new and expanded portions of existing structures and buildings shall comply with the maximum height/stories requirements as set forth in the Schedule of Regulations.[2]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Any such renovations or any expansions or new structures permitted under these regulations shall be designed so as to complement and/or preserve to the extent practicable the historic character and appearance of the existing buildings. Architectural elevation drawings of any proposed renovations or additions shall be approved by the Planning Board.

If any existing or renovated building shall be destroyed by any means, it may be restored to its former condition, provided that such restoration is started within a period of six months of such destruction and is diligently prosecuted to completion. Alternatively, it may be replaced by a building or buildings that conform to the requirements as set forth in the Schedule of Regulations[3] for this district.

[3]

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

Landscape planting and management requirements. Sites developed in the OSR District shall be landscaped and managed so as to maintain the open space character of the site. Such requirement shall not be deemed to preclude any change in the site's vegetation, grading, or appearance, but rather to encourage active planning and management of its natural systems and overall visual appearance. Tree protection plans, planting plans and landscape management programs as applicable shall be as approved by the Planning Board.

Site access; off-street parking and loading.

Site access and service roads shall be properly related to the public roadway system so as to avoid unsafe conditions and traffic congestion.

Parking spaces shall be provided on the site to accommodate vehicles as follows:

For educational and cultural program use: not less than two spaces for each 1,000 square feet of gross floor area.

For office use: not less than one space for each 350 square feet of gross floor area.

For restaurant or cafe use: not less than one space for each 100 square feet of gross floor area.

For all other uses: as set forth in Article VI of this chapter.

The Planning Board may decrease the amount of parking required up to 25% and/or vary the design of such parking in the course of site plan review based upon the anticipated utilization or joint usage of the spaces, provided that the minimum required spaces are shown on the site plan and designated as buildable upon determination of future need by the Planning Board.

Off-street loading requirements for permitted principal and accessory uses shall be in accordance with Article VI of this chapter.

Signs.

One freestanding sign, not exceeding 16 square feet in total area and not more than six feet in height, limited to the name of the facility and listing the occupants or use areas therein, may be permitted at each ingress from a public street to the overall site.

Within the site, directional signs, each not exceeding six square feet in area and not more than four feet in height, may be placed as required giving the direction to a building, use or parking and loading areas.

One wall identification sign at the entrances to a building or use, each not exceeding 10 square feet in area, may be placed to identify the occupant(s).

All signs shall be nonmoving and nonflashing. Light sources, if any, shall not be exposed, include neon lights or internally illuminated lights. Signs shall not extend above the roof or coping of any building.

Editor's Note: The Schedule of Regulations is included at the end of this chapter.

§ 218-76 Transitional districts.

[Added 6-22-1982; amended 8-17-1982; 11-23-1982; 7-19-1983; 10-11-1983; 5-14-1991]

From time to time the Town Board may zone properties for transitional use so as to lessen any adverse impact between adjacent areas and also permit an economically viable use of the property. The purpose of a Transitional T Zone is to permit appropriate use of a particular property or properties at densities and in accordance with zoning standards of higher intensity and different land use than a less restrictive abutting zone permits, thereby acting as a buffer between two possibly conflicting land uses. Transitional districts may also be useful in helping to fulfill one or more objectives of the Zoning Ordinance and the Town Development Plan.

Transitional zones may be residential or nonresidential or of mixed use. Residential districts are designated "PRD-T," with specific numbers for each specific district. Nonresidential districts are designated "OB-T," with specific numbers designating specific districts. Mixed-use districts are designated "MU-T," with specific numbers designating specific districts. Districts may be further designated with more descriptive terms identifying the location, type or intensity of use.

Before the approval of any parcel of land as a Transitional T Zone, a conceptual site plan shall be approved by the Planning Board. The conceptual site plan shall be in sufficient detail to fix the approximate locations and grading of all existing and proposed buildings, roads, recreational facilities, parking areas and drives, outdoor activity areas, major landscaping, grading, utilities and other features of the development.

Based upon review of the above information and the following criteria, the Planning Board may recommend approval, approval with conditions or denial of the Transitional T rezoning request to the Town Board. Upon public hearing by the Town Board and rezoning of the parcel for Transitional T purposes, with or without conditions, the Planning Board shall process the site plan review of the proposed project.

In reaching a decision as to the suitability of a site for PRD-T zoning, the Planning Board and the Town Board shall judge the suitability of the tract for multifamily development These considerations and criteria include but are not limited to the following:

Lot area.

Compatibility with officially adopted Town, county, regional and state plans.

Availability and adequacy of sanitary sewer and water systems to be provided on a central basis.

Adequacy of adjacent and nearby public roads to accommodate traffic generated from the multifamily development, in addition to accommodating any future development of lands under existing zoning in accordance with the recommendations of the Town Development Plan and the policies and documents that constitute the Comprehensive Plan for the Town of Mount Pleasant.

Availability and proximity of public transportation facilities.

Availability and proximity of existing or planned employment facilities.

Availability and proximity of shopping and other community services.

The degree to which the proposed development is designed to achieve the planning and housing goals as set forth in this chapter, the Town Development Plan and the policies and documents that constitute the Comprehensive Plan for the Town of Mount Pleasant.

The Planning Board shall be responsible for determining the number of bedrooms in each dwelling unit in connection with its review of site development plans, taking into consideration the floor plans proposed by the applicant and such other information as said Board may determine appropriate. In general, the number of bedrooms per dwelling unit shall average not greater than two, and no dwelling unit shall contain greater than three nor fewer than one bedrooms.

The permitted density on a PRD-T site may be increased by not more than 1/3 beyond the basic permitted density if the applicant agrees to provide affordable housing, as defined in this chapter, and if the Town Board determines that the provision of such will serve to further the purposes and intent of this section and of the Town Development Plan. The Town Board may limit this increase based upon a consideration of:

The need for additional affordable housing, taking into consideration local and regional needs.

The appropriateness of the location of the proposed site.

The suitability of the site and the proposed development design to accommodate such an increased density in terms of size, topography, traffic, availability of utilities, neighborhood character and other environmental factors.

In all Office Business Transitional Zones OB-T and Mixed-Use Transitional MU-T Zones, accessory buildings shall be located as approved by the Planning Board in site plan and special permit approval. In no case shall accessory uses be closer to any lot line than the principal use.

Parking and access drives in Office Business Transitional Zones OB-T and Mixed-Use Transitional MU-T Zones may be constructed within front, side and rear yards but shall not be closer than 50 feet to abutting residential zones.

§ 218-76.1 Service-Enriched Senior Housing Floating Zone.

[Added 3-9-2021 by L.L. No. 2-2021]

Purpose. The Town of Mount Pleasant determines that there is an increasing need to provide service-enriched housing for senior citizens requiring supportive services or some assistance with daily living. Accordingly, it is the intent of the Town Board to create a floating zone that would permit the Town Board to rezone a qualifying property in accordance with the locational criteria set forth below where, in the Town Board's legislative discretion, it determines after a public hearing that a property is an appropriate location for specialized senior housing in the form of a service-enriched senior housing residence.

Service-enriched senior housing residences shall be subject to the requirements set forth herein, as well as all other applicable regulations in this chapter, in accordance with the Town Planning Board's site plan review authority and procedures set forth in Zoning Code Article VIII.

Location criteria.

A service-enriched senior housing residence may be located on parcels within an Office Business (OB-) or Residential (R-) District that contains a minimum area of eight contiguous acres and has at least 100 feet of frontage along a state or county road.

A service-enriched senior housing residence shall not be established within 1/4 mile of any other existing assisted living residence, independent living residence, memory care residence or service-enriched senior housing residence, unless in the Town Board discretion it determines that this separation distance requirement shall not apply to a particular application to apply the floating zone onto a particular property.

A service-enriched senior housing residence shall not be established on parcels that are located within a public park, within or adjoining the Rockefeller State Park Preserve, or on property currently utilized as a cemetery.

Use and density standards.

Individual residential units within the service-enriched senior housing residence shall contain adequate living and sleeping area(s) and a private bathing facility or shower. The facility shall maintain its own private ambulatory service for nonemergency transportation to medical facilities. When assisted living and/or memory care are included in the service-enriched senior housing residence, the facility shall also maintain, on site, 24 hours a day, seven days a week and 365 days a year, its own medical staff (whether on-site physicians or registered nurses and nurses' aids) to care for the residents at the facility. The facility shall meet all requirements of federal and state law.

A service-enriched senior housing residence may include the following in addition to individual residential units:

Living area(s) for the common use of the residents adequate in location, number, size, variety and amenities to satisfactorily serve the needs of such residents. Such living areas may include but not be limited to living rooms, TV rooms, libraries, music rooms, activity rooms and multipurpose rooms.

Dining area(s) for the common use of the residents adequate in location, number, size and amenities to satisfactorily serve the needs of such residents and in which meals shall be served to all residents on a daily basis.

Central commercial kitchen from which food service is provided to the common dining room(s). Central commercial kitchen facilities shall provide appropriate venting and odor control in addition to noise attenuation meeting the requirements of § 139-16 and county and state health code requirements.

Indoor and outdoor passive recreational areas for the common use of the residents. The minimum permitted usable outdoor open space on a lot shall be provided at a ratio of 100 square feet of outdoor open space for each individual ALR or ILR unit.

Lavatory facilities located near the common room(s) for the use of residents and guests.

(f)

Laundry facilities for the residents' personal use.

(g)

Linen and housekeeping services.

(h)

Personal-care services that need not be provided by licensed personnel, including, but not limited to, assistance with dressing, bathing, eating, ambulation and general supervision.

(i)

Twenty-four-hour availability of on-site responsible staff person(s).

(j)

A central kitchen may be located on each floor of the building for the residents' personal use, provided that adequate safety features are included in the design of such facility.

(k)

An area proximate to the main entrance to the service-enriched senior housing residence that provides safe, properly sited, convenient and canopy-protected access to transportation modes for residents, including but not limited to a shuttle bus, taxi, ride-sharing and jitney services.

(l)

Shall be located within a proximate distance to Westchester County Bee Line bus stops.

The maximum permitted density on a lot containing a service-enriched senior housing residence shall be based on the site area requirement of 2,000 square feet of lot area for each individual independent living, assisted living or memory care unit.

The occupancy of residential units located in a service-enriched senior housing residence shall be restricted as follows:

Each single efficiency unit shall be occupied by no more than one person. Each double efficiency unit shall be occupied by no more than two persons. Each one-bedroom unit or two-bedroom unit shall be occupied by no more than two persons.