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Mount Vernon, NY Zoning Overlays & Bonuses: Density Bonus Law (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
MX-1 Commercial Corridor District only
Max bonus tiers
2, 3, or 5 extra stories
Overall height cap
8 stories including any bonus
Amenity cost floor
About 0.5% of total development cost
Approving body
Planning Board (discretionary)

Summary

In the MX-1 Commercial Corridor District, Mount Vernon lets a developer apply to the Planning Board for a density bonus of two, three, or five extra stories in exchange for public amenities worth at least about 0.5% of total project cost, capped so total building height never exceeds eight stories.

Density bonus. ... An applicant may apply to the Planning Board for one or more density bonuses in exchange for providing amenities to the City. ... The Planning Board may, at its discretion and subject to the standards and considerations set forth below, grant a density bonus for amenity(ies) offered by developers, for structures in the MX-1 Commercial Corridor District according to the maximums below except that the maximum building height shall not exceed a total of eight stories. Tier Maximum Density Bonus Tier 1 2 stories Tier 2 3 stories Tier 3 5 stories. ... A density bonus may be granted in exchange for an applicant providing one or more of the following amenities equaling, at a minimum, approximately 0.5% of the total development cost of the project.

Full Breakdown

A(6) of the zoning code sets up a discretionary density bonus program limited to the MX-1 Commercial Corridor District. An applicant may ask the Planning Board for one or more bonuses drawn from a three-tier table: Tier 1 adds up to two stories, Tier 2 up to three stories, and Tier 3 up to five stories, but no combination of bonuses may push a building past a total of eight stories. 5% of the project's total development cost, weighed by the Planning Board for proportionality to the bonus requested.

The code lists six eligible amenity categories: contributing to or rehabilitating public open space beyond what is already required for Tier 1 and Tier 2 projects; preserving a building the Commissioner of Planning and Community Development identifies as historically, culturally or architecturally significant; funding non-site-related infrastructure such as sewer or stormwater work, traffic calming, or street repaving, on recommendation from the Department of Public Works; creating off-site parking beyond the project's own off-street parking requirement; financing a Neighborhood Plan for the MX-1 District, which if fully funded blocks any other applicant from using that same amenity for the next 15 years; or contributing to the Mount Vernon Urban Renewal Agency's low-interest home repair loan fund.

Granting the bonus is entirely discretionary: the Planning Board must find the amenity proportional to the bonus, compatible with the district's goals, and capable of fitting the building's height, scale and mass into its surroundings before signing off.

Violations & Fines

There is no per-project entitlement to a density bonus. If a developer builds extra stories the Planning Board has not approved under § 267-19.A(6), that excess height becomes a Chapter 267 zoning violation enforced under § 267-56: a fine up to $1,000, imprisonment up to 15 days, or both, per conviction, each day counted separately, plus a stop-work order and possible removal of the unauthorized floors.

Frequently Asked Questions

How many extra stories can a developer get in Mount Vernon's MX-1 district?
Up to five, under the Tier 3 bonus in § 267-19.A(6), though the combined bonus can never push a building past a total of eight stories. Tier 1 adds up to two stories and Tier 2 up to three, each requiring Planning Board approval.
What must a developer give the city to get a density bonus?
At least one amenity worth roughly 0.5% of the project's total development cost, chosen from six categories in § 267-19.A(6): public open space, historic preservation, infrastructure contributions, off-site parking, funding a Neighborhood Plan, or contributing to the Urban Renewal Agency's home repair loan fund.
Is the Mount Vernon density bonus automatic?
No. Section 267-19.A(6) makes it entirely discretionary: the Planning Board must find the offered amenity proportional to the bonus and compatible with the MX-1 District's goals, and can deny the request even if the developer offers a qualifying amenity.

Sources & Official References

Other rules in Mount Vernon

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