City Council:
AN ORDINANCE AUTHORIZING THE AMENDMENT
OF CHAPTER 267 - ZONING OF THE CODE OF THE
CITY OF MOUNT VERNON TO PERMIT AND REGULATE
INDOOR RECREATION AND AMUSEMENT FACILITIES
Whereas, in a letter dated February 24, 2025, the Commissioner of the Department & Community Development formally requested authorization to amend Chapter 267 - Zoning of the Code of the City of Mount Vernon as indicated below; and
Whereas, the City of Mount Vernon recognizes the need to modernize its zoning regulations in response to evolving commercial and recreational trends, particularly the nationwide emergence of indoor recreation and amusement facilities; and
Whereas, indoor recreation and amusement facilities-offering attractions such as trampolines, laser tag, virtual reality games, go-karts, and climbing walls-are increasingly filling vacant commercial and light industrial spaces left behind by large-format retailers; and
Whereas, Fun City Adventure Park, a nationally operating indoor recreation provider, has expressed interest in locating a facility at the vacant Bed Bath & Beyond site on Sanford Boulevard, a well-suited location given its public transportation access and existing infrastructure; and
Whereas, the City’s Department of Planning and Community Development has identified a significant local demand for family-friendly indoor recreational options during its Comprehensive Plan Community Conversations; and
Whereas, such facilities have the potential to enhance the City’s economy, repurpose underutilized buildings, and expand recreational opportunities for residents of all ages; and
Whereas, the City Council finds it in the best interests of the public health, safety, and general welfare to permit and regulate indoor recreation and amusement facilities by amending the City Zoning Code; Now, Therefore, Be It Resolved That
The City of Mount Vernon, in City Council convened, does hereby ordain and enact:
Section 1. Amendment to Chapter 267 - Zoning. Chapter 267 of the Code of the City of Mount Vernon is hereby amended as follows:
§267-2. Definitions. Add the following definition in appropriate alphabetical order:
“Recreation or Amusement Facility, Indoor” - A building and site designed and equipped for recreation, amusement, and leisure-time activities that are completely located inside a building, including but not limited to, bowling, go-karting, slot-car racing, amusement devices, miniature golf, sports/batting cages, laser tag, climbing walls, trampolines, rope courses, arts and crafts activities, games of deduction (e.g., treasure hunts, escape rooms), virtual reality, and other similar activities. This use includes associated instructional classes. Retail, food, and beverage sales associated with any such uses shall be deemed an accessory use. This definition shall not include health and athletic membership clubs, firearm discharge facilities, or any uses where access is prohibited by law to one or more age groups. All such facilities shall also comply with applicable provisions of Chapter 84 - Amusements.
Section 2. Permitted Uses. Indoor Recreation or Amusement Facilities shall be permitted as a principal permitted use in the following zoning districts:
• CB - Commercial Business District
• I - Industrial District
• LI-7.5 - Landscaped Industrial District
Relevant sections of the Zoning Code shall be updated accordingly to reflect this change.
Section 3. Off-Street Parking Requirements. The off-street parking requirements for Indoor Recreation or Amusement Facilities shall be determined on a case-by-case basis during site plan review.
Applicants shall be required to submit a parking demand analysis that includes:
• Data from the Institute of Traffic Engineers (ITE) or similar industry standards;
• Field observations or counts, if available;
• Any other source material deemed appropriate by the Planning Board.
Final parking requirements shall be determined by the Planning Board in consultation with the Department of Planning and Community Development.
Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Section 5. Effective Date. This Ordinance shall take effect immediately upon filing with the Office of the Secretary of State of New York, pursuant to the Municipal Home Rule Law.