[HISTORY: Adopted by the Board of Trustees
of the Village of Elmsford 10-27-1930; repealed and reenacted in the same form 7-10-2006 by L.L. No.
4-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 109.
Unsafe buildings and structures — See Ch. 117.
Dancing and dining establishments — See Ch. 135.
Flood damage prevention — See Ch. 175.
Gasoline service stations — See Ch. 189.
Group homes — See Ch. 195.
Laundry and dry-cleaning establishments — See Ch. 213.
Signs — See Ch. 273.
Swimming pools — See Ch. 295.
Storage of vehicles — See Ch. 321.
[Amended 7-1-1963; 3-3-1980 by L.L. No. 2-1980; 12-2-1991 by L.L. No. 10-1991; 2-21-1995 by L.L. No. 2-1995; 3-29-1999 by L.L. No. 1-1999; 1-21-2014 by L.L. No.
2-2014; 12-5-2016 by L.L. No. 8-2016]
For the purposes of this chapter, the Village
of Elmsford is hereby divided into 11 classes of zones or districts
as follows:
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Residence R-O District: one family, 1/2 acre
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Residence R-1 District: one family
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Residence R-2 District: two families
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Residence R-3 District: three or more families
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Residential Cluster Development (RCD) District
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Business District
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Central Business District
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Neighborhood Business District
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Light Industrial District
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Limited Office Use District
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Business Overlay District
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A.
Revised Zoning Map.[1] For the purpose of promoting the health, safety, morals
and the general welfare of the community, the Board of Trustees of
the Village of Elmsford has divided the Village into various zones
or districts, all of which, and the boundaries thereof, are hereby
established and are shown on the current Zoning Map, and said map
shall accompany and is hereby declared to be a part of this chapter.
[Amended 12-19-1966; 11-6-2000 by L.L. No. 7-2000]
[1]
Editor's Note: Copies of this map are available
for inspection in the Village offices.
B.
District boundary lines. The district boundary lines
are intended generally to follow street lines or existing lot lines
or projections thereof, the boundary lines of the Village or center
lines of railroad rights-of-way as indicated on the Building Zone
Map; but where a boundary line does not follow such a line, its position
is shown on said map by means of figures expressing distance in feet
from a parallel street line or other boundary line as indicated.
A.
Words used in the present tense include the future;
the singular number includes the plural, and the plural the singular;
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "occupied" includes the word "designed
or intended to be occupied"; the word "used" includes the words "arranged,
designed or intended to be used."
B.
ACCESSORY BUILDING
AFFORDABLE DWELLING UNIT
BOARDER
COMMERCIAL VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
CORNER LOT
COURT
DEPTH OF LOT
DRIVE-IN RESTAURANT
ELECTRIC MOTIVE POWER
FAMILY
FILLING STATION
FLOOR AREA, GROSS (MULTIFAMILY AND NONRESIDENTIAL)
FLOOR AREA, GROSS (ONE-FAMILY AND TWO-FAMILY RESIDENTIAL)
FLOOR AREA RATIO (FAR)
FRONT YARD
GARAGE
GASOLINE SERVICE STATION
LOADING UNIT
LOT
LOT LINE
MAJOR VEHICLE REPAIR
MINOR VEHICLE REPAIR
MOTOR VEHICLE
MULTIFAMILY STRUCTURE
NONCONFORMING USE
OPEN PORCH
PARKING UNIT
PRIVATE GARAGE
PUBLIC GARAGE
PUBLIC RESTAURANT
QUALIFYING HOUSEHOLD
REAR YARD
REQUIRED YARD OR COURT
SELF-STORAGE FACILITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
SIDE YARD
STREET
THROUGH LOT
WIDTH OF LOT
WIRELESS TELECOMMUNICATIONS SERVICES
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
Certain words and phrases are used in this chapter,
which for the purposes hereof are defined as follows:
A building, such as a stable, garage, playhouse, barn or
greenhouse, which is subordinate or accessory to a main building already
existing on the same lot and which in any residence district is not
available to the public or used in connection with any commercial
purpose.
A dwelling unit the rental or sales price of which does not exceed the maximum allowable level set forth in § 335-8C(3)(d) hereof.
[Added 12-2-1991 by L.L. No. 10-1991]
One who is not related by blood or affinity (marriage) to
the person with whom he resides.
[Added 5-17-1971]
Any motor vehicle used for business or commercial purposes,
including any trailers and semitrailers, tractors, when used in combination
with trailers and semitrailers, and:
[Added 6-1-1992 by L.L. No. 17-1992;
amended 9-20-2021 by L.L. No. 4-2021]
Weighing more than 10,000 pounds; or
More than 20 feet in length; or
More than eight feet in width; or
Bearing advertising on the vehicle, including but not limited
to the name of the business, telephone number, hours of operation,
logo or insignia, except to the extent that same does not exceed the
minimum requirements of the County of Westchester for commercial vehicle
licensing; or
Carrying tools or equipment attached to the outside of the vehicles
or carrying tools or equipment visible from outside of the vehicle;
or
Bearing a livery license plate, a taxi license plate or Taxi
and Limousine Commission (TLC) license plate; or
Bearing a taxicab roof sign; or
Any vehicle classified as a jitney bus, school bus or school
van; or
Any tractor or backhoe or other truck or vehicle used for construction
purposes.
A lot at the junction of and fronting on two or more intersecting
streets; the owner of a corner lot having the privilege of specifying
which street lot line shall be deemed the front line for the purposes
of this chapter, and being required when requesting a building permit
to so specify.
An open space upon a lot containing a building, other than
a yard. An "outer court" is one which extends for its full width to
a street or a rear yard. An "inner court" is any other than an outer
court. The width of an outer court is its horizontal dimension substantially
parallel with its principal open end. The width of an inner court
is its lesser horizontal dimension. The height of a court is to be
measured from the lowest floor level it is required to serve up to
the roof of the building served.
The mean distance between its mean front street line and
its mean rear line.
Premises constructed to cater primarily to the motoring public,
whether or not serving pedestrians as well as automotive trade, and
used for the sale to the public of any product and providing curb
and/or window counter service.
[Added 11-7-1988 by L.L. No. 3-1988]
Power which is developed from electricity by an electric
motor.
Any number of persons living together as a single family
or housekeeping unit and using certain housekeeping facilities and
rooms in common.
Any establishment supplying and selling gasoline or other
equivalent fuel direct to motor vehicles from a pump or pumps located
outside a building and on private property.
The sum of the horizontal area of all stories of a building,
measured from the exterior faces of exterior walls or, in the case
of a common wall separating two buildings, from the center line of
such common walls, but excluding unenclosed porches, porticoes, balconies,
raised platforms, roof overhangs, gutters and chimneys, and nonhabitable
space in a basement devoted to mechanical equipment, accessory storage,
parking and/or loading.
[Added 3-3-2008 by L.L. No. 1-2008]
For all one- and two-family dwellings in residential zones,
the sum of the horizontal area of all stories of a building, measured
from the exterior faces of exterior walls. Any interior space with
a floor-to-ceiling height in excess of 16 feet shall be counted twice.
In calculating the gross floor area of a one- or two-family dwelling,
and for the purpose of calculating floor area ratio (FAR), the following
shall be excluded: decks; patios; unenclosed porches, porticoes, balconies
and raised platforms; roof overhangs; gutters; chimneys; minor accessory
structures; garages and unfinished, nonhabitable basements.
[Added 3-3-2008 by L.L. No. 1-2008;
amended 8-8-2011 by L.L. No. 4-2011]
The gross floor area divided by the lot area.
[Added 3-3-2008 by L.L. No. 1-2008]
An open space lying between the lot line upon which a building
fronts and the main front wall thereof, and running entirely across
the lot in the two side lot lines.
A building used for the housing of one or more motor vehicles.
A filling station, as defined herein, at which major and/or
minor vehicle repair, as herein defined, is performed.
[Added 6-4-2007 by L.L. No. 4-2007]
Sometimes abbreviated in this chapter as "LU," a nearly level
off-street space available for the loading and unloading of goods,
which space shall not be less than 10 feet wide, 30 feet long and
14 feet in clear height, and shall have direct usable access to a
street or alley. Each loading unit and its access shall be suitably
surfaced. A loading unit required for a building or use may be provided
in the principal building or in a required side yard or rear yard,
or in one of two or more access driveways to a required parking area,
or in a single-access driveway having a width of at least 25 feet.
[Added 8-6-1962]
A parcel of land under one ownership, the location, dimensions
and boundaries of which are a matter of the latest official record.
Any boundary line of a lot.
The following work performed on any motor vehicle: painting,
body and fender work, engine overhauling or other major repair of
motor vehicles; rebuilding, replacement or reconditioning of engines
or transmissions for motor vehicles; wrecker service with vehicle
storage; collision services including body, frame or fender straightening
or repair; customizing; overall painting or paint shop; those uses
listed under the definition of "minor vehicle repair" when combined
with any of the above uses; and any other similar use. Any building
or part thereof which is used for such work as provided in this definition
shall be referred to as a "major vehicle repair shop."
[Added 6-4-2007 by L.L. No. 4-2007]
The following work performed on any motor vehicle: diagnostic
services, minor motor services such as grease, oil, spark plug, and
filter parts, automobile washing, steam cleaning, and polishing; repair
or replacement of automotive glass and upholstery; installation of
audio equipment; but not including any operation named under the definition
of "major vehicle repair" or any other similar use. Any building or
part thereof which is used for such work as provided in this definition
shall be referred to as "minor vehicle repair shop."
[Added 6-4-2007 by L.L. No. 4-2007]
Any self-propelling vehicle which is licensed to travel over
the streets and highways. In calculating garage accommodations under
this chapter, two two-wheeled motorcycles shall be considered as the
equivalent of one motor vehicle.
Any building or portion thereof which is designed, built,
rented, leased, let or hired out to be occupied or which is occupied
as the home or residence of two or more families living independently
of each other and doing their own cooking in said building. The term
"multifamily dwelling" means a detached building containing two or
more dwelling units.
[Added 8-6-1962]
The use of a building or of land that does not conform to
the regulations respecting permitted uses as set forth in this chapter
for the district in which it is located.
[Amended 12-19-1966]
A piazza or porch, with or without a roof, which projects
beyond a main wall of a building. If an open porch extends into a
required front yard, the columns supporting the roof shall present
the minimum of obstruction to the circulation of air and the view
sideways through the porch, and any sash placed between the columns
during the winter season shall be glazed with clear glass.
Sometimes abbreviated in this chapter as "PU," a nearly level
off-street space available for the parking of one motor vehicle, which
space shall not be less than eight feet wide and 20 feet long, exclusive
of access drives and turning areas appurtenant thereto and giving
access thereto, and which shall have direct usable access to a street.
Each parking unit and its access passageways, drives and turning areas
shall all be suitably surfaced and approved by the Building Inspector
as to an all-weather base.
[Added 8-6-1962]
A garage maintained primarily for the convenience of the
owner, tenant or resident occupant of the premises and in which no
business is carried on and no service is rendered to the public.
Any garage, other than a private garage, which is used for
the public or commercial parking of vehicles, which garage is not
utilized in conjunction with or located upon the same property as
a major vehicle repair shop, gasoline service station or filling station.
[Amended 6-4-2007 by L.L. No. 4-2007]
A facility operated principally for the on-premises preparation
and sale of food or beverages for human consumption on or off the
premises. A delicatessen operated principally for the on-premises
preparation and sale of food or beverages is to be considered a public
restaurant. A grocery store not operated principally for the on-premises
preparation and sale of food or beverages is not to be considered
a public restaurant.
[Added 7-12-1965; amended 6-1-1992 by L.L. No. 16-1992]
A household whose aggregate income, including the total of all current annual income of all household members from any source whatsoever at the time of application, but excluding the earnings of working minors (under 21 years of age) attending school full-time, shall not exceed the income limitations set forth in § 335-8C(3)(c) hereof.
[Added 12-2-1991 by L.L. No. 10-1991]
An open space lying between the rear lot line and the main
rear wall of a building and running entirely across the lot to the
two side lot lines.
Any yard or court required as a minimum under the provisions
of this chapter. A required yard shall begin at a lot line and extend
therefrom toward the interior of the lot; and where a lot line is
irregular, its mean alignment shall be taken in determining measurements
under this chapter.
A moving or storage office, or a warehouse establishment,
for the purpose of storing personal property, subject to the following:
[Added 4-8-2024 by L.L. No. 4-2004]
Such facilities shall be partitioned into individual, securely
subdivided spaces for lease; and
Such facilities shall consist of enclosed or unenclosed floor
space which is subdivided by secured bins, boxes, containers, pods
or other mobile or stationary storage devices; and
Such facilities are to be leased or rented to persons or businesses
to access, store or remove property on a self-service basis; and
Only dead storage activities shall be permitted in such facilities.
For the purposes of this definition, “dead storage” shall
mean the keeping of goods not in use and not associated with any office,
retail or other business activity conducted on the premises. Conducting
an office, retail or other business use or sales from a storage unit
shall be prohibited. One office facility shall be permitted within
the site in appropriately designed structures. Accessory storage areas
not connected to the main structure shall be permitted; and
Outside storage shall be prohibited. Storage of all property
shall be inside a building. Vehicle parking shall be provided for
tenants and employees only while they are on the premises; and
The storage in such facilities of hazardous materials, including
but not limited to gasoline or other volatile petroleum products,
radioactive materials, explosives and flammable or hazardous chemicals,
and e-batteries, shall be prohibited, and the operator of the self-storage
facility shall include a provision to that effect in any lease used
to rent the storage units; and
Plantings and landscaping shall be provided in all yards facing
public roadways and shall both screen and visually interrupt the linear
extent of the buildings so as to reduce the appearance of massive
structures. Site lighting shall be provided and shall be directed
or shielded to prevent glare on adjacent properties or roadways; and
The following dimensional requirements shall apply to all self-storage
facilities:
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Data
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Permitted/Required
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|---|---|
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Lot area
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Min. 0.5 acres
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Min. width
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100 feet
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Min. depth
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100 feet
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Min. frontage
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100 feet
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Buffers
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Per Chapter 237, Parking Lots
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Front yard
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10 feet
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Min. side yard
|
0 feet
|
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Min. rear yard
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0 feet
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Max. building height
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5 stories/70 feet
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An open space lying between a side lot line and a main side
wall of a building, and running from the front lot line to the rear
yard.
Any road, avenue, street, lane, alley or other way set aside
and commonly used for street purposes.
Any lot which runs through from one street to another, not an alley less than 25 feet wide. Such a lot is considered as having two street frontages, each of which frontages, on a street over 25 feet wide, is subject to the front yard requirements prescribed in § 335-15 of this chapter.
Its mean width measured at right angles to its mean depth.
The provision of wireless telecommunications services, including
those more commonly referred to as "cellular phones," which services
are regulated by the Federal Communications Commission (FCC) in accordance
with and as the term "personal wireless service" is defined in the
Communications Act of 1934, as amended by the Telecommunications Act
of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
[Added 5-16-2005 by L.L. No. 2-2005]
Any equipment used in connection with the commercial operation
of wireless telecommunications services, as defined herein, and as
the term "personal wireless services facility" is defined in the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or
receive frequencies, including but not limited to antennas, monopoles,
equipment, appurtenances and structures.
[Added 5-16-2005 by L.L. No. 2-2005]
A.
Future uses, construction and changes. No yard or
court may be used and no building or part thereof may be constructed,
moved, extended, altered or used except in conformity with the provisions
of this chapter.
B.
Nonconforming uses and conditions. If, at the time
of enactment of this chapter, any yard, court, or building is being
used, or if any building is being constructed, moved, extended or
altered and such work is completed within six months after enactment
of this chapter, in a manner or for a purpose which does not conform
to the provisions of this chapter and which is not prohibited by any
other existing ordinance, such use, manner or purpose may be continued,
even under a change of title or possession. No nonconforming use,
if once changed to a conforming use, shall ever again be changed back
to a nonconforming use.
C.
Extending nonconforming uses. Any such nonconforming
use may be hereafter extended throughout any part of a building which
was manifestly arranged or designed for such use at the time of enactment
of this chapter; provided, however, that a certificate of occupancy
be first obtained for such extension of use.
(1)
Preexisting uses deemed to be conforming. Any lawful
use existing at the time of the effective date of this chapter or
any amendment thereof, which if newly created under this chapter would
require a special permit or special exception in the district in which
it is situated, may be continued and shall be deemed to be a conforming
use, but any modification, change or extension thereof shall be subject
to the granting of a special permit or special exception as provided
in this chapter.
[Added 12-19-1966]
(2)
Nonconformity may not be increased. Any such building or structure or the use of any land, building or structure which is nonconforming with respect to any of the provisions of this chapter shall be neither extended, enlarged nor altered in any manner so as to increase any such nonconformity, whether such extension, enlargement or alteration be by the alteration of an existing building or structure or by the erection or construction of an additional building or structure, or in any other manner. The provisions of this Subsection C(2) shall not apply to any alteration which may be required by order of the Building Inspector to strengthen or restore a building or structure or any part thereof to a safe condition.
[Added 12-19-1966]
(3)
If made to conform, may not revert to nonconformity.
Any such nonconforming building, structure or use, if changed to a
building, structure or use which conforms to the provisions of this
chapter, shall not be changed back to a nonconforming building, structure
or use.
[Added 12-19-1966]
(4)
Effect of discontinuance. Any such nonconforming use
which has been physically discontinued or has ceased for six months
or longer shall be deemed to be abandoned, and such nonconforming
use shall not be resumed.
[Added 12-19-1966]
(5)
Effect of damage. Any nonconforming building or structure,
if destroyed or damaged from any cause, shall not be rebuilt or restored
in nonconforming form, except that such building or structure, if
accidentally destroyed or damaged due to fire, explosion or other
cause, to the extent of not more than 50% of the volume of such building
or structure above the foundations, as determined and certified by
the Building Inspector, may be rebuilt or restored in substantially
the same location, provided:
[Added 12-19-1966]
(a)
That it is not enlarged or extended;
(b)
That it complies with height, yard area and
other requirements of this chapter applicable to the district in which
such lot is situated; and
(c)
That the Board of Appeals grants a variance
permitting the restoration and continuance thereof without enlargement
or extension of any previously existing nonconforming use.
(6)
Occupancy prohibited without a certificate. The occupancy
or use of any building or structure presently in existence and not
conforming with the provisions of this chapter for the district in
which it is situated shall not be continued as a nonconforming use
until a certificate of occupancy has been issued by the Building Inspector.
[Added 12-19-1966]
(7)
Applications. An application for a certificate of
occupancy shall be made on a form prescribed by the Village Board,
which shall provide spaces for all information essential to the administration
and enforcement of this chapter.
[Added 12-19-1966]
D.
Replacing damaged buildings. On any foundation existing
at the time of the adoption, of this chapter, if the building thereon
is destroyed by fire, flood, explosion, earthquake, war, riot or act
of God, a building of the same area and height and for the same use
may be reerected, provided that it be completed within 18 months from
date of such calamity.
E.
Restoring unsafe buildings. Nothing in this chapter
shall prevent the strengthening or restoring to a safe or lawful condition
of any part of any building declared unsafe or unlawful by the Building
Inspector, hereinafter called the Inspector, or other duly authorized
state or Village official.
F.
Lots prohibited for residence purposes.
[Amended 10-3-1960; 1-17-1972]
(1)
No lot shall hereafter contain any building used for
residence purposes unless such lot abuts for at least 50 feet on at
least one street having a width of not less than 30 feet, or unless
it has an unobstructed easement of access or a right-of-way at least
15 feet wide to a street having a width of not less than 30 feet.
(2)
No residence shall be erected on a lot or plot within
a Residence R-O District unless said lot or plot on which the residence
is to be erected shall have an area of at least 1/2 acre.
(3)
No lot within any residence district shall contain
a residence for one family unless it shall have an area of at least
5,000 square feet and shall have a frontage of not less than 50 feet
on at least one street 30 feet or more in width.
(4)
No lot shall contain a residence for two or more families
unless it shall have an area of at least 10,000 square feet and shall
have a frontage of not less than 100 feet on at least one street 30
feet or more in width, except that these restrictions may be modified
by the Board of Appeals in individual cases, after public hearing,
with respect to small or exceptionally irregular lots existing at
the time of enactment of this chapter.
[Amended 9-17-1973]
(5)
All residences erected for two or more families shall
provide on the same lot or plot two parking units for each family
in the residence.
(6)
The parking units must be located in a side or rear
yard or behind the twenty-foot setback.
G.
Projections and encroachments into required open spaces.
Except as hereinafter specified in this section, yards and courts
required under this chapter shall be entirely free of buildings or
parts thereof.
H.
Cornices and eaves. Cornices and eaves may project
not to exceed 18 inches into any required yard or court.
I.
Ornamental features, etc. Sills, leaders, belt courses
and similar ornamental or structural features may project not to exceed
six inches into any required yard or court. An open fire balcony or
fire escape, or a fire tower, may project into a required yard not
more than four feet.
J.
Bay windows, balconies, porches, etc.
(1)
Ground story bay windows, oriels or balconies having
a combined total width not exceeding 1/2 the length of the wall to
which they are attached may project not more than three feet into
any required front or rear yard or into any required side yard which
is over five feet wide. An open porch or porte cochere not over one
story high may project into any required side yard, provided that
it does not come nearer the side lot line than a distance equivalent
to 1/2 the width of the side yard required as a minimum for that lot.
(2)
An open porch, stairway or entranceway or a bay window
not higher than the first story of a building may project not to exceed
eight feet into a front yard required as a minimum on that lot, provided
that the combined width of such projections shall be no greater than
2/3 of the width of the front of the building.
(3)
No porch, oriel, bay window, balcony, porte cochere
or stairway constructed under the provisions of this subsection shall
have a width or other dimension greater than 2/3 of the width of the
main walls to which they are attached.
K.
Chimneys, shafts, etc. A chimney, smokestack, flue
or elevator shaft may project into any required yard or court, provided
that the horizontal section of the projection does not exceed four
square feet in any residence district, or nine square feet in any
business district, or 25 square feet in any industrial district.
L.
Walls, fences, etc. The requirements of this chapter
respecting yards and courts and projections shall not apply to any
necessary retaining wall nor to any fence or wall which is less than
six feet high, except that within no residence or business district
shall any solid wall or solid fence over four feet high be constructed
nor any solid hedge or planting over four feet high be maintained
in a side yard or a front yard within 50 feet of a street intersection.
The finished or more attractive side of any fence or wall must face
the adjacent property, street and right of way. A Building Department
official shall determine which side of the fence or wall meets this
requirement in the case of a dispute.
[Amended 10-21-2013 by L.L. No. 3-2013]
M.
Building extensions. A ground story extension of a
building more than 25 feet high may project into a required rear yard
not more than nine feet, provided that it does not extend within 15
feet of a rear lot line and that the width of such projecting portion
shall not be greater than twice the amount of the projection.
N.
Location and coverage of accessory buildings.
(1)
No accessory building permitted by this chapter shall
be placed in any required side or front yard except as specified hereinafter
in this section. The aggregate ground area covered by accessory buildings
in any required rear yard, including the ground area covered by any
projections other than cornices and eaves, hereinbefore permitted,
shall not exceed 30% of the required rear yard area in any residence
R-O or R-1 District nor 40% in any Residence R-2 District. In any
business or industrial district where a ground level rear yard is
required or provided, the aggregate area covered by accessory buildings
and the last above-mentioned projections shall not exceed 50% of the
required rear yard area behind a building used in any part for residence
purposes.
(2)
In the case of exceptionally wide lots where side
yards are provided of greater widths than required by this chapter,
accessory buildings may be erected in such side yards, provided that
the side yard required as a minimum by this chapter for the particular
district involved be left open and that no part of any such accessory
building shall be within four feet of the main building.
O.
Limitations on accessory buildings.
(1)
No accessory building in any residence district shall
be more than two stories high, and none which is erected within six
feet of any party lot line shall be more than one story high; nor
shall any accessory building within any business or industrial district
which is within 10 feet of any party lot line within a residence district
be more than two stories high; and no accessory building which is
not of fireproof or composite construction, as defined by the Building
Code, shall be within three feet of any party lot line in any residence
district; except that this shall not prevent the erection in any district
of a permitted common private garage one story high and housing not
more than six motor vehicles, across their party lot line by two adjoining
property owners.
(2)
No accessory building erected in a rear yard on any
lot in any district shall be used for residence purposes except by
domestic employees of the tenant or owner of the premises.
(3)
No accessory building erected in a rear yard within
any residence district shall be within less than three feet of a main
building unless it be constructed as an integral part thereof.
P.
Corner lot modifications. Any accessory building on
a corner lot within any residence district shall be distant not less
than 10 feet from the side street line, and any such building which
is within 25 feet of such side street line shall be no nearer the
rear lot line than six feet if the lot is 100 feet or less in depth,
or than 10 feet if the lot is more than 100 feet in depth.
Q.
Reducing lot areas. No space which for the purpose
of one building has been counted or calculated as part of a side yard,
rear yard, front yard, court or other open space required by this
chapter may, by reason of change in ownership or otherwise, be counted
or calculated to satisfy or comply with a yard, court or open space
requirement of or for any other building.
R.
The observance of established lines.
(1)
Nothing in this chapter shall justify or cause the
violation of any existing ordinance, regulation, agreement or contract
which prescribes within any district a building line along any street,
the adherence to which building line would create a front yard or
equivalent open space of a depth greater than is specified in this
section for that district.
(2)
If on any street a new street line has been established
by ordinance in anticipation of future street widening, such new street
line shall be taken as the lot line in determining yard depths; but
when an official map of the Village shall have been adopted and filed,
as provided by statute, the street lines shown on the latest revised
copy thereof shall be employed in such determination.
S.
Floor area ratio standards for dwellings in residential
districts. In order to ensure the orderly and harmonious development
of the Village, to preserve neighborhood character by requiring houses
to appear to be of the same or similar scale to other dwellings in
the neighborhood; to minimize negative visual impacts and diminution
of open space; and to not unduly tax local services, the Village hereby
establishes maximum floor area ratio (FAR) standards for dwellings
in residential districts.
[Added 3-3-2008 by L.L. No. 1-2008;
amended 8-8-2011 by L.L. No. 4-2011]
(1)
Affected zoning districts. The floor area ratio limitations
set forth in this subsection apply to one- and two-family dwellings
in the following zoning districts: R-0, R-1, R-2, R-3.
(2)
Floor area ratio limitations are as follows:
|
Minimum Lot Size
|
Maximum FAR
(square feet)
| |
|---|---|---|
|
Less than 3,500
|
0.450
| |
|
3,500 to less than 5,000
|
0.430
| |
|
5,000 to less than 6,000
|
0.414
| |
|
6,000 to less than 7,000
|
0.398
| |
|
7,000 to less than 8,000
|
0.382
| |
|
8,000 to less than 9,000
|
0.366
| |
|
9,000 to less than 10,000
|
0.350
| |
|
10,000 or greater
|
0.338
|
[Amended 2-6-1950; 7-1-1963; 7-7-1969]
Within any Residence R-O and R-1 Districts,
no building or premises shall be used for other than one or more of
the following specified purposes or uses:
B.
Accessory uses.
(1)
Garden house, toolhouse, playhouse, greenhouse and
a private garage for one passenger automobile for each 5,000 square
feet of the lot area. No more than two garage spaces will be permitted
on any lot, and no private garage or other accessory building shall
be used for residential purposes.
(2)
The keeping of not more than two boarders by a resident family, provided that, in addition to the occupancy provisions of § 109-1A(2)(b) of this Code, the following criteria are met:
[Amended 3-3-2008 by L.L. No. 1-2008]
(a)
Boarders shall only be permitted in owner-occupied
detached single-family dwellings.
(b)
Not more than two boarders shall be permitted
per single-family dwelling.
(c)
The single-family dwelling shall meet the occupancy limitations listed in § 109-1A(2)(b)[1] through [5] of the Building Construction and Fire Prevention Code of the Village of Elmsford.
(d)
The quarters provided for boarders shall not
have separate cooking facilities, including but not limited to stoves,
microwaves, ovens and refrigerators.
(e)
The rented quarters provided for boarders shall
not be advertised on the premises.
(f)
An off-street parking space shall be provided
for each boarder in addition to the parking spaces otherwise required
pursuant to this chapter.
(3)
A professional office or studio of a lawyer, architect,
real-estate broker, doctor, dentist, artist, engineer, musician or
teacher, or member of a similar established profession (but not including
an office or establishment of a veterinarian, mortician, undertaker
or embalmer) residing on the premises, and including a small professional
plate or sign not exceeding one square foot in area as the only display
of advertising, provided that:
(a)
Not more than 10% of the area of the ground
floor of such residence shall be so used.
(b)
Not more than one assistant shall be employed
in any such professional office or studio.
(c)
If instruction in vocal or instrumental music
or dancing is given, such studio shall be equipped and used so that
sounds therefrom shall not be heard in nearby premises.
(d)
Two parking units shall be provided in the rear
yard of the premises.
C.
Special uses. The following special uses will be permitted
in a Residence R-O and a Residence R-1 District at the discretion
of the Board of Appeals. After due notice and public hearing, and
subject to appropriate conditions and safeguards to be fixed by the
Board in each case, a special use listed below may be permitted in
such districts, provided that the Board shall determine in its judgment
that: it is reasonably necessary for the public health or general
interest and welfare; it is appropriately located with respect to
transportation facilities, water supply, fire and police protection,
waste disposal and similar facilities; the off-street parking facilities
are provided and are adequate to handle expected public attendance,
so as not to create a neighborhood nuisance; neighborhood character
and surrounding property values are reasonably safeguarded; use therefor
will not cause undue traffic congestion or create a traffic hazard:
(1)
Nonprofit recreational facilities incident to churches
and other places of worship.
(2)
Parochial and private secondary and elementary schools,
day-nursery schools, universities, colleges, seminaries and convents,
with their dormitories and customary indoor and outdoor recreational
facilities such as playfields and stadia, on a parcel of not less
than 12 acres.
(3)
Libraries, museums and art galleries not operated
for profit.
(4)
Golf clubs and country clubs on an area of not less
than 150 acres.
(5)
On a parcel not less than 20 acres, social clubs or
lodges, or other recreational facilities not operated for gain, and
recreational buildings in connection therewith, provided that:
D.
No commercial vehicle as defined in § 335-3B of this Code shall be parked outdoors in the residential zones anywhere overnight, except that one vehicle no larger than 10,000 pounds and bearing a livery, taxi or TLC license plate but no other exterior markings may be parked off-street on private property outdoors overnight.
[Added 1-17-1972; amended 9-20-2021 by L.L. No. 4-2021]
[Amended 7-1-1963]
Within any Residence R-2 District, no building
or premises shall be used for other than one or more of the following
specified purposes:
B.
Dwellings for not more than two families. Conversion of a single-family home to a two-family dwelling, the conversion of illegally converted multifamily dwellings or the construction of a two-family home in an R-2 District after the effective date of this legislation shall be subject to the issuance of a special permit by the Village Board of Trustees. The special permit shall comply with the applicable standards and procedures set forth in § 335-23. In addition, specific conditions of such permit are as follows:
[Amended 3-29-1999 by L.L. No. 1-1999; 5-16-2005 by L.L. No.
2-2005]
(1)
Minimum lot size: 10,000 square feet (5,000 square
feet per dwelling unit).
(2)
Minimum lot width: not less than 100 feet on at least
one street 30 feet or more in width.
(4)
Occupancy. The owner shall occupy at least one of
the dwelling units on the premises as a principal residence for the
duration of the permit or give the Building Inspector the name, address
and telephone number of a person residing or having an office in the
local area to contact the owner for maintenance and repair of the
premises.
(5)
Parking. Two off-street spaces shall be provided for
the principal dwelling unit; an additional two off-street spaces shall
be provided for the second dwelling unit. No parking shall be permitted
in a front yard, except for parking in an existing driveway or garage
beyond the twenty-foot setback.
[Amended 3-3-2008 by L.L. No. 1-2008]
(6)
Minimum floor area. At least 300 square feet shall
be provided for the second dwelling unit but not more than 50% of
the total floor area of the principal Village building.
(7)
The permit shall expire five years after the date
of issuance or upon the sale of the property, if sooner. The new owner,
or contract vendee for the particular property, shall be required
to obtain a new permit. The transfer of the property to an estate
of the holder of a permit or to an inter vivos trust under which the
holder of a permit is the income beneficiary shall not be treated
as a change of ownership.
(8)
The Board of Trustees may modify any of the conditions
for the issuance of a permit and may impose such additional conditions
or safeguards as it may deem appropriate, necessary or desirable to
preserve and protect the spirit and objectives of this chapter.
(9)
Prior to granting a permit, the Board of Trustees
shall hold a public hearing, with notice provided in accordance with
the provisions of the New York State Village Law.
(10)
The Board of Trustees may revoke a permit, after a
public hearing, in the event that the holder of a permit violates
any of the requirements or conditions of the permit.
C.
Customary home occupations, such as dressmaking, millinery,
manicuring and home cooking, provided that such occupation shall be
conducted solely by resident occupants of the main building, that
not more than the equivalent of 1/2 the area of one floor shall be
used for such purpose and that no display of advertising or of products
made shall be visible from the street.
D.
Residence by not more than two boarders, provided
that the following criteria are met:
[Amended 5-17-1971; 3-3-2008 by L.L. No. 1-2008]
(1)
Boarders shall only be permitted in owner-occupied
detached single-family dwellings.
(2)
Not more than two boarders shall be permitted per
single-family dwelling.
(3)
The single-family dwelling shall meet the occupancy limitations listed in § 109-1A(2)(b)[1] through [5] of the Building Construction and Fire Prevention Code of the Village of Elmsford.
(4)
The quarters provided for boarders shall not have
separate cooking facilities, including but not limited to stoves,
microwaves, ovens and refrigerators.
(5)
The rented quarters provided for boarders shall not
be advertised on the premises.
(6)
An off-street parking space shall be provided for
each boarder in addition to the parking spaces otherwise required
pursuant to this chapter.
E.
Building or premises used for club, fraternal, recreational,
athletic or social purposes and maintained by a membership organization
in which lodging and the temporary use of rooms or meals are supplied
to the public incidentally to serving its members, provided that no
merchandising shall be carried on therein except for the accommodation
of the members.
F.
Sign not over six square feet in area fixed to the
main wall of the building, which merely indicates the name or purpose
of said building.
G.
The parking of any commercial vehicle as defined in § 335-3B of this Code overnight between the hours of 9:00 p.m. and 6:00 a.m. shall constitute a violation of this chapter, except that it shall not be a violation for the owner of said property to park one vehicle registered to said owner bearing a livery, taxi or TLC license plate but no other exterior markings off-street on private property outdoors during said hours.
[Added 1-17-1972; amended 9-20-2021 by L.L. No. 4-2021]
[Added 7-1-1963; amended 1-11-1972; 7-5-1988 by L.L. No. 1-1988]
Within any Residence R-3 District, no building
or premises shall be used for any other than the following specified
purposes:
B.
No multifamily dwelling designed for occupancy by
three or more families shall be erected in any district except in
the Residence R-3 and Business District. The provisions of this chapter
of the Village of Elmsford governing permitted uses in Residence R-O,
Residence R-1, Residence R-2, Business and Light Industrial Districts
are hereby amended accordingly so as to prohibit the erection of a
multifamily dwelling in any of said districts, except in the Residence
R-3 and Business Districts.
C.
No multifamily dwelling designed for occupancy by
three or more families shall be erected in a Residence R-3 District
unless the building complies with the following regulations and controls,
which are adopted and enacted for the purpose of providing proper
light, air, access and safety for the persons or families residing
therein:
(1)
The land coverage of the building shall not exceed
25% of the square of the lot or plot.
(2)
On each and every lot or plot devoted to the erection
of a multifamily dwelling, there shall be provided at least 2,500
square feet of land for each one-family unit therein.
(3)
No multifamily dwelling shall exceed 2 1/2 stories
or a maximum of 35 feet in height.
(4)
Every building shall have a front yard of not less
than 20 feet in mean depth.
(5)
Every building shall have a rear yard of not less
than 30 feet in mean depth.
(6)
A side yard shall be provided on each side of each
building. Each side yard shall be not less than 15 feet in width,
and the sum total of the width of both side yards shall be not less
than 30 feet.
D.
Boardinghouses, dormitories and lodging houses to
be permitted in the R-3 Residential District Zone, provided that none
shall contain public restaurants, stores or shops, nor carry on any
merchandising activities.
[Added 12-2-1991 by L.L. No. 10-1991]
A.
General purpose and intent.
(1)
In order to provide suitable opportunities within
the Village for the development of housing designed to satisfy the
needs of smaller households, particularly the young, the elderly and
families of moderate income, to encourage a broad array of housing
types, dwelling unit sizes and forms of ownership and to accommodate
maximum flexibility in site design, Cluster Residential Development
(RCD) Districts are hereby established.
(2)
In adopting this section, the Board of Trustees declares
that such districts are conceived and enacted to promote the public
health, safety and general welfare of the Village of Elmsford and
more particularly to encourage innovations in residential development,
so that the growing demand for housing at all economic levels may
be met by greater variety in type, design and siting of dwellings,
and to encourage the conservation and efficient use of land, including
the permanent preservation of open space and other significant natural
features. The Board of Trustees further declares that these objectives
cannot be achieved through the use of traditional zoning and subdivision
requirements, the application of which to large tracts of land may
prevent the Village from taking full advantage of the most advanced
techniques of land development.
B.
Application procedure. The procedure for planning
and zoning approval of any future proposed development in an RCD District
which has not already been designated on the Village Zoning Map shall
involve a two-stage review process as follows:
(1)
Approval by the Board of Trustees of a conceptual
site development plan and the reclassification of a specific parcel
or parcels of land for development in accordance with that plan; and
(2)
Approval of construction plans in accordance with the provisions of Chapter 109, Building Construction and Fire Prevention, Part 1, Building Code, of the Elmsford Village Code for the purpose of obtaining building permits. Except as provided for below, such construction plans shall conform in all respects to the conceptual site development plan approved by the Board of Trustees. Modifications to such conceptual site plan may be approved by the Building Inspector only if such changes are authorized by the Board of Trustees in its rezoning approval and if, in the judgment of the Building Inspector, such changes are warranted by engineering considerations or unanticipated field conditions.
C.
Standards and general requirements for residential
cluster developments.
(1)
Use and density standards.
(a)
Site area. Except as provided for below, the
minimum site area required for the establishment of an RCD District
shall be four acres of land having contiguity except for any dividing
street, public or private, on which such tract or any portion thereof
may have frontage. Subject to the approval of the Village Board of
Trustees, the minimum site area requirement specified above may be
modified by said Board for lots that abut an existing or proposed
RCD District on two or more sides.
(b)
Ownership. The land proposed for an RCD may
be owned by one or more persons, partnerships, limited partnerships,
trusts or corporations, but must be presented as a single parcel at
the time of application to the Village. The application shall be jointly
filed by all owners and, if approved, shall be jointly binding on
all of them and all future owners. If required by the Village Board
of Trustees, this shall be confirmed by written agreement, in recordable
form satisfactory to the Village Attorney.
(c)
Permitted uses. Within an RCD, permitted principal uses may include dwelling units in detached, semidetached, attached and/or multistory structures. Permitted accessory uses within an RCD may include active and passive recreational areas, off-street parking, management offices and other similar facilities as may be approved by the Board of Trustees. For properties within an RCD District that contain existing dwellings, permitted principal and accessory uses shall be the same as set forth in § 335-6 of this chapter as regulated therein.
(d)
Density. On any RCD site, there shall be provided
at least 2,500 square feet of gross site area for each dwelling unit.
(e)
Floor area ratio. The maximum permitted residential
floor area ratio within an RCD, exclusive of floor space devoted to
parking, mechanical equipment rooms and similar accessory uses, shall
be 0.35.
(f)
Coverage. The maximum permitted building coverage
within an RCD shall be 20%. The maximum permitted total site development
coverage shall be 35%.
(g)
Affordable dwelling units. At least 20% of the proposed residential units within an RCD shall be designated "affordable dwelling units" and shall be occupied by households with limited incomes as defined and further regulated in Subsection C(3) herein. Such units shall be physically integrated into the design of the RCD in a manner satisfactory to the Village Board of Trustees.
(2)
Site and structure standards.
(a)
Building height. Within an RCD, no building
or structure shall exceed a height of 40 feet.
(b)
Building length. Within an RCD no building shall
exceed a length of 150 feet. As used herein, building length shall
be measured along a straight line connecting the midpoints of each
side wall of said building.
(c)
Distance between buildings.
[1]
Within an RCD, except as provided for below,
the following minimum distances between buildings shall be maintained:
|
Positions of Facing Building Walls
|
Minimum Distance1 Between Facing Buildings
(feet)
| |
|---|---|---|
|
Front to front
|
60
| |
|
Front to rear
|
60
| |
|
Front to side
|
402
| |
|
Rear to rear
|
60
| |
|
Rear to side
|
303
| |
|
Side to side
|
204
|
|
NOTES:
| |
|---|---|
|
1 As used herein,
minimum distance shall be measured on a perpendicular from one building
face to the other, excluding any projecting architectural features
such as but not limited to bay windows, open porches, staircases and
balconies.
| |
|
2 If one of the buildings
is not higher than one story, the minimum distance shall be reduced
to 30 feet.
| |
|
3 If one of the buildings
is not higher than one story, the minimum distance shall be reduced
to 20 feet.
| |
|
4 If one of the buildings
is not higher than one story, the minimum distance shall be reduced
to 15 feet.
|
[2]
The Village Board of Trustees may further modify
the above minimum separation distances based upon specific environmental
features of the site, such as but not limited to differences in elevation
between facing buildings, landscaping and other forms of screening.
(d)
Distance between buildings and uphill slopes.
Within an RCD, a minimum horizontal distance of 20 feet, measured
at windowsill level, shall be provided between any residential building
window and any upward slope exceeding one foot vertical to two feet
horizontal or any retaining wall higher than five feet.
(e)
Setbacks. Within an RCD District, except as provided for below, no building or structure shall be located closer than 20 feet to any perimeter lot line of an RCD site nor 50 feet to any off-site residence. Any existing dwelling located on a separate lot within an RCD District shall be deemed to be conforming with respect to its setback from the property line, provided that it is situated on a lot of at least 5,000 square feet. Expansion of such preexisting dwellings shall be permitted, provided that such expansion is in conformance with the applicable yard and building height requirements set forth in §§ 335-14 through 335-17 of this chapter.[1]
(f)
Screening and buffering. A buffer area of at
least 15 feet shall be provided along all RCD site perimeter property
lines that are contiguous to land which is used or zoned for residential
purposes. All buffer areas shall be suitably landscaped with trees
and shrubs, ground cover and grass or other such screening as the
Village Board of Trustees may prescribe to provide for visual and
acoustical buffering. No principal or accessory building or parking
areas may be located within said buffer areas, but roads providing
access to the RCD site shall be permitted to cross such buffer areas.
The Village Board of Trustees may require increased perimeter buffers
beyond the minimum wherever it determines that such are warranted
by the RCD's relationship to and potential impact upon neighboring
properties or land uses.
(g)
Common property. When the site planning of an
RCD results in the creation of common property, the use and enjoyment
of which is shared by the owner and occupants of the individual dwelling
units, the ownership of such property may be either public or private.
Where such property, including on-site roads, is not dedicated to
the public and/or where the Village declines to accept dedication
of such property, the owner shall provide for and establish an organization
for the permanent future ownership and maintenance thereof.
(h)
Traffic circulation. All roadways within an
RCD shall be designed to adequately serve their intended function
and the anticipated volume of traffic generated by the development.
(i)
Off-street parking. Off-street parking shall
be provided in an RCD at the ratio of 1.5 parking spaces for each
dwelling unit containing one or fewer bedrooms and two parking spaces
for each dwelling unit containing two or more bedrooms. A minimum
of 10% of the required parking spaces shall be unreserved and available
for use by visitors.
(j)
Utilities and services. All power and communication
lines, as well as water, sewer and storm drainage lines, shall be
installed underground in the manner prescribed by the regulations
of the governmental agency or utility company having jurisdiction.
Exterior antennas for individual buildings or dwelling units shall
not be permitted. The above requirements do not apply to existing
dwellings in the RCD District.
(k)
Refuse collection and storage. Within an RCD,
adequate provision shall be made for collecting and storing refuse
between collections. Any outdoor storage shall be in centralized containers
of adequate capacity to prevent overflow and designed to prevent rodent
infestation. Adequate screening of such refuse storage areas shall
be provided.
(3)
Affordable dwelling units. The dwelling units that are required to be reserved for occupancy by households with limited incomes, as set forth in Subsection C(1)(g) herein, shall be subject to the following restrictions:
(a)
Occupancy. An affordable dwelling unit shall
be restricted, in recordable form satisfactory to the Village Board
of Trustees, so that it can be rented or sold to and occupied by only
a qualifying household as defined herein.
(b)
Floor area. Gross floor area per dwelling unit
shall not be less than or greater than the following:
|
Unit Type
|
Floor Area Minimum
(square feet)
|
Maximum
(square feet)
| |
|---|---|---|---|
|
Studio
|
400
|
600
| |
|
1 bedroom
|
600
|
850
| |
|
2 bedrooms
|
800
|
1,150
| |
|
3 or more bedrooms
|
1,100
|
1,400
|
(c)
Income eligibility. To qualify for the rental
or purchase of and occupancy in an affordable dwelling unit, the aggregate
annual income of the household proposed to occupy such unit shall
not exceed the following multiple of the current annual Westchester
County median household income, which base amount shall be revised,
effective every January 31, to conform to the prior year's change
in the United States Department of Labor, Bureau of Labor Statistics,
Consumer Price Index for all Urban Consumers for New York - northeastern
New Jersey:
|
Unit Type
|
Multiple
| |
|---|---|---|
|
Studio
|
0.50
| |
|
1 bedroom
|
0.65
| |
|
2 bedrooms
|
0.80
| |
|
3 or more bedrooms
|
1.00
|
(d)
(e)
Eligibility priorities.
[1]
A qualifying household applying for the rental
or purchase of an affordable dwelling unit shall be selected for occupancy
on the basis of the following categories of priority:
[a]
Volunteer Fire Department, Police Department
and ambulance corps members living in and/or serving the Village of
Elmsford.
[b]
Employees of the Village of Elmsford and the
Elmsford Union Free School District.
[c]
Residents of the Village of Elmsford.
[d]
Relatives of residents of the Village of Elmsford.
[e]
Other persons employed in the Village of Elmsford.
[f]
Other residents of Westchester County.
[g]
All others.
[2]
Within the aforementioned priority groups, preference
shall be given to first-time home buyers and senior citizens.
(f)
Administration. The Village Board of Trustees
shall serve as or may establish an Affordable Housing Commission (hereinafter
called the "Housing Commission"), which shall be responsible for the
promulgation of such rules and regulations as may be necessary to
implement the purposes and intent of this section. Such rules and
regulations may include but not be limited to provisions concerning
the subleasing of dwelling units, resale of dwelling units and continued
eligibility of existing residents.
(g)
Tax assessment. The limited rental income and
sales prices of affordable dwelling units shall be taken into consideration
by the Tax Assessor in determining the full value basis for assessments
on such units.
[Amended 6-25-1956; 7-1-1963; 7-12-1965; 7-1-1968; 7-5-1988 by L.L. No. 1-1988]
Within any Business District, no building or
premises shall be used in whole or in part for any industrial or manufacturing
purpose, except as permitted in this section, or for any other than
the following specified purposes:
A.
Any use permitted in §§ 335-5 and 335-6, without the qualifications or limitations therein contained respecting public or gainful use except that no building or premises shall be used principally for residential purposes, except in accordance with § 335-9D hereof, or that an existing building may be permitted to have accessory apartments subject to compliance with all New York State building and fire regulations and the issuance of a special use permit by the Village Board of Trustees subject to the following criteria:
[Amended 8-3-2020 by L.L.
No. 4-2020]
(1)
Accessory residential uses shall only be located above existing commercial
space.
(2)
Properties eligible for accessory residential use shall be located
on Main Street.
(3)
Applicants must provide documentation that the properties eligible
for accessory residential uses have been vacant for one year and buildings
eligible for consideration shall have been built prior to 1960.
(4)
Density: The number of dwelling units may not exceed one per 1,500
square feet of lot area, a minimum of 50% of the accessory residential
units shall be one-bedroom/studio units with no more than four accessory
residential units per building:
|
Floor Area
| ||
|---|---|---|
|
Unit Type
|
Minimum
(square feet)
|
Maximum
(square feet)
|
|
Studio
|
400
|
600
|
|
1 bedroom
|
600
|
850
|
|
2 bedrooms
|
800
|
1,150
|
(5)
Waiver of parking spaces. Where the Board of Trustees, in connection
with its review of a site plan, determines that the immediate use
of any property and the availability of public parking in the immediate
vicinity may not warrant the full improvement of all required off-street
parking, the Board, after review, may waive the number of such spaces
and require the applicant to provide a fee in lieu of on-site parking
in an amount to be determined by the Village Board.
B.
Hotel (transient), motel (transient).
[Amended 6-1-1992 by L.L. No. 16-1992; 6-1-2009 by L.L. No.
3-2009; 12-5-2016 by L.L. No. 8-2016]
C.
Retail store; professional or business office or office
building; theater or other place of public assembly, including establishments
for the purposes of education, social activities, recreation, instruction,
amusement or exercise; financial institution; undertaking establishment;
salesroom or showroom; market.
D.
Multifamily dwellings, subject to site plan approval
by the Board of Trustees, after review and report by the Planning
Commission, and the following regulations and controls, which are
adopted and enacted for the purpose of encouraging the construction
of housing, which can help to meet the housing needs of the Village
of Elmsford and the region in which it is located, and for the purpose
of providing proper light, air, access and safety for the persons
or families residing therein:
(1)
The minimum area of a lot or plot upon which a multifamily
dwelling may be located shall be not less than 40,000 square feet;
except that where a lot or plot is bordered by two or more streets,
the minimum area shall be 15,000 square feet.
(2)
The land coverage of multifamily dwelling buildings
shall not exceed 40% of the area of the lot or plot upon which they
are located.
(3)
On each and every lot or plot devoted to the erection
of a multifamily dwelling, there shall be provided at least 1,200
square feet of land area for each dwelling unit thereon; except in
the case of lots of less than 40,000 square feet, in which case there
shall be provided at least 2,000 square feet of land area for each
dwelling unit thereon.
(4)
There shall be provided not fewer than two parking
units per dwelling unit, with at least 10% of said parking reserved
for the use of visitors and service personnel, except that the Board
of Trustees may require additional parking units where determined
appropriate by it.
(5)
All front, side and rear yard requirements shall be
as required for other types of buildings in the Business District,
except that, where windows are provided facing a side or rear yard,
yard setback shall be at least 10 feet in width. No front yard setback
shall be required.
E.
Personal service establishments, such as tailor shop,
barbershop or beauty parlor; confectionery shop; butcher shop; hand
laundry; hand bakery; the shop of a plumber, carpenter, electrician,
mechanic welder or similar tradesman; establishment for cleaning or
dyeing clothing; all provided that, in the permitted stores or shops,
only electric motive power be used for operating any machinery used
incidentally to a permitted use and that in no individual shop or
store shall more than five horsepower or five skilled workers or operatives
be employed in connection with fabricating, processing or converting
operations.
F.
Newspaper- or job-printing plants using not more than
50 horsepower in electric motive power for each 5,000 square feet
of floor area occupied by the printing establishment.
G.
Sewing, altering, laundering, cleaning, dyeing, processing
or fabricating operations which are carried on in connection with
a store on the same premises but which are subordinate and incidental
to the merchandising carried on in such store; and provided that,
in the conduct of such operations, not more than 10 operatives be
thereon engaged nor more than five horsepower in electric motive power
to be used in any individual establishment.
H.
Terminal or storage building for streetcars or buses,
provided that no provision be made therein for other than emergency
repair work.
I.
Electric transformer or switching station.
J.
Bottling shop; veterinary hospital; ice or cold storage plant; steam
laundry; power bakery; oil, gasoline or fuel storage; storage building;
open storage yard for the sale or the storage or display of goods,
wares and merchandise and any and all kinds of machinery, equipment
and materials; provided that application for any such use, except
if such use is accessory to a dealership of new motor vehicles, shall
be made to the Board of Appeals and permission therefor, subject to
appropriate regulations and safeguards, be granted.
[Amended 8-2-2016 by L.L.
No. 6-2016]
K.
Ground signs or billboards which are erected within
not less than 10 feet of a front lot line or six feet of any other
lot line.
L.
Public restaurant, but not a drive-in restaurant.
[Added 11-7-1988 by L.L.
No. 3-1988; amended 3-29-1999 by L.L. No. 1-1999; 12-5-2016 by L.L. No. 8-2016]
M.
Major vehicle repair, provided such use:
[Amended 8-2-2016 by L.L.
No. 6-2016]
N.
Minor vehicle repair shop.
[Amended 8-2-2016 by L.L.
No. 6-2016]
O.
Filling stations on New York State roads within 500 feet of access to or from an interstate highway. Such filling stations shall not be subject to any limitations under § 189-22 of this Code.
[Added 8-2-2016 by L.L.
No. 6-2016]
[Added 12-5-2016 by L.L.
No. 8-2016]
This Business Overlay District zoning is intended to provide
the opportunity for more auto-intensive uses to occur outside of the
Village's business district core where there is the appropriate roadway
infrastructure and access to accommodate such uses. The Business Overlay
District implements certain recommendations in the Village's Comprehensive
Plan related to highway oriented businesses. The areas of the Business
Overlay District shall be limited to the following: (i) North of I-287
(2.8± acres), (ii) East of the Sprain Brook Parkway Overpass
(22.5± acres), and (iii) on the south side of Route 119 west
of the intersection with Nob Hill Drive and on the north side of Route
119 west of the ramp from Exit 8-A of Interstate 87 (11.8±
acres), collectively, the "BOL Areas."
A.
Permitted uses. The following uses are only permitted in a Business Overlay District in accordance with the conditions and limitation provided in this § 335-9.1:
(1)
Drive-in restaurant pursuant to a special permit as follows:
(a)
The total number of drive-in restaurants permitted in the BOL
Areas shall be limited to the following based on their respective
sizes:
(b)
All applications shall be referred to the Planning Commission,
who shall examine the site plan submitted and shall review the environmental
assessment application and report to the Village Board its recommendation
on the entire project and shall suggest which Village agency shall
be lead agency.
(c)
(Reserved)
(d)
Together with the application for a special permit, there shall
be submitted preliminary approval from the appropriate state agency,
County Board of Health and Village agencies as to the following:
(e)
There will be sufficient security to prevent loitering during
the hours of operation.
(f)
There will be proper facilities for the removal and disposal
of trash and actual debris within 500 feet of the establishment.
(g)
Parking. Additional parking spaces will be required for counter
take-out service positions as may be determined by the Board of Trustees
following suggestions by the Planning Commission, but in every case
at least two per take-out positions.
(h)
Landscaping. The entire lot, except areas covered by buildings
or surfaced as parking or service areas, shall be suitably landscaped
with grass, shrubs, trees, ground cover and pedestrian walkways in
such a manner as to minimize erosion and stormwater runoff and harmoniously
blend the use on the site with the character of the neighborhood.
Where lot lines coincide with residence district boundaries, there
shall be planted evergreen trees of such type and spacing as may be
required by the Village Board of Trustees of an initial height of
not less than five feet and adequate ultimately to screen as much
as possible all activity on the lot from the view of residences in
the adjoining residence district. A wall or fence of location, height,
design and material approved by the Village Board of Trustees may
be substituted for part or all of the required landscaped screening.
The Village Board of Trustees may waive or modify the landscaped screening
requirements of this chapter where existing topography, landscaped
and/or land uses already provide adequate screening and separation.
All required landscaping shall be properly maintained throughout the
life of any use which it was designed to serve. If said landscaping
is not maintained as required, the Building Inspector shall give 30
days' written notice by certified mail, addressed to the owner of
record of such premises as shown on the most recent assessment roll.
If said notice is not complied with, the Village Board may authorize
the necessary maintenance and assess the cost against the property
on which the landscaping is located. Any costs so incurred shall be
certified to the Tax Assessor and shall become a municipal lien against
the property if not paid within 30 days of the mailing of the bill.
(i)
Lighting. All exterior lighting shall be located and shielded
so that the source of the light and any objectionable glare therefrom
is not unreasonably visible from any neighboring residence. The height,
intensity, spacing and design of all exterior lighting fixtures shall
be limited to that necessary for safety and security purposes. The
lighting system design shall be subject to approval by the Village
Board of Trustees as a part of the site plan.
[Added 3-29-1999 by L.L. No. 1-1999]
Within the Central Business District, no building
or premises shall be used in whole or in part for any industrial or
manufacturing purpose, except as permitted in this section, or for
any other than the following specified purposes:
A.
Permitted uses.
(2)
Public restaurant.
(3)
Retail store: professional or business office or office
building theater or other place of public assembly, including establishments
for the purposes of education, social activities, recreation, instruction,
amusement or exercise; financial institution; undertaking establishment.
(4)
Personal service establishments, such as tailor shop,
dressmaker, barbershop or beauty parlor, confectionery shop, butcher
shop, laundry, bakery or dry-cleaning establishment.
(5)
Mixed-use buildings, consisting or multifamily dwellings, over nonresidential uses permitted in § 335-9A, B, C or D. Mixed-use buildings shall be subject to the issuance of a special permit by the Village Board of Trustees following the procedures and in compliance with the applicable standards and procedures set forth in § 335-23. The following regulations and controls are adopted and enacted for the purpose of encouraging the construction of mixed use-development, which can help to meet the housing and community development needs of the downtown area as defined in the Comprehensive Plan:
[Amended 5-16-2005 by L.L. No. 2-2005]
(a)
The minimum area of a lot or plot upon which
a mixed-use building may be located shall be not less than 40,000
square feet.
(b)
The land coverage of mixed-use buildings shall
not exceed 80% of the area of the lot or plot upon which they are
located.
(c)
On each and every lot or plot devoted to the
erection of a mixed use, there shall be provided at least 1,200 square
feet of land area for each dwelling unit thereon; except in the case
of lots of less than 40,000 square feet, in which case there shall
be provided at least 2,000 square feet of land area for each dwelling
unit thereon.
(d)
There shall be provided no fewer than two parking
spaces per dwelling unit, plus an additional number of spaces equal
to 10% of the visitor required spaces, except that the Board of Trustees
may adjust the required parking based on the location of other municipal
parking and other factors, including the size of the apartment proposed
in the multifamily building and the nature of the nonresidential use.
(e)
All front, side and rear yard requirements shall
be as required for other types of buildings in the Central Business
District; except that, where windows are provided facing a side or
rear yard, setback shall be at least 10 feet in width. No front yard
setback shall be required.
(f)
The minimum square feet for a dwelling unit
shall be 1,000 square feet.
(6)
Veterinary hospital.
(7)
Any change of use in any portion of a building shall
require the issuance of a new certificate of occupancy for such space.
B.
Bulk and dimensional standards.
C.
Landscaping. Whenever a lot line for a nonresidential
or mixed-use building, its accessway or parking area borders a residence
district, there shall be either:
(1)
Planted along such line evergreen trees of such type
and spacing as shall be approved by the Village Board of an initial
height of not less than five feet and adequate ultimately to screen
as much as possible all operations on the lot from the view of the
properties in adjoining residence districts; or
(2)
A wall or fence of location, height, design and material
approved by the Board so as to screen as much as possible all operations
on the lot from the view of the properties in adjoining residence
districts.
D.
Lighting. All exterior lighting and signs shall be
designed so as to minimize the visual impact to adjoining and nearby
residential uses.
E.
Waiver of parking spaces. Where the Board of Trustees,
in connection with its review of a site plan, determines that the
immediate use of any property and the availability of public parking
in the immediate vicinity may not warrant the full improvement of
all required off-street parking, the Board, after review, may waive
the number of such spaces.
F.
Approval of site plans. All site plans for the proposed
development within the CB District shall be subject to approval of
the Board of Trustees.
[Added 1-21-2014 by L.L. No. 2-2014]
Within any Neighborhood Business District, no building or premises
shall be used for any other than the following specified purposes:
A.
Permitted principal uses.
(4)
Commercial uses.
(a)
Animal sales and grooming.
(c)
Artist work or sales space.
(d)
Restaurant.
(e)
Tavern.
(f)
Financial services.
(g)
Food and beverage retail sales.
(i)
Clinic outpatient.
(j)
Office.
(l)
Personal service, including health clubs and gyms, including postal service (without processing or transfer facilities not open to the public) subject to § 335-23.
(m)
Repair service, consumer, including bicycles.
(o)
Retail sales, general.
(p)
Artisan (hand-tools only; e.g., jewelry or ceramics).
B.
Mixed-use buildings, consisting of multifamily dwellings, over nonresidential uses permitted in § 335-10A(5). Mixed-use buildings shall be subject to the issuance of a special permit by the Village Board of Trustees following the procedures and in compliance with the applicable standards and procedures set forth in § 335-23. The following regulations and controls are adopted and enacted for the purpose of encouraging the construction of mixed-use development, which can help to meet the housing and community development needs as defined in the Comprehensive Plan:
(1)
The minimum area of a lot or plot upon which a mixed-use building
may be located shall be not less than 1,000 square feet per dwelling
unit.
(2)
The land coverage of mixed-use buildings and impervious surfaces
shall not exceed 85% of the area of the lot or plot upon which they
are located.
(3)
There shall be provided no fewer than 2.0 parking spaces per dwelling unit, plus an additional number of spaces for nonresidential uses per § 335-19F, except that the Board of Trustees may adjust the required parking based on shared parking considering limitation of operating hours for nonresidential uses or based on unit size.
(4)
Front, side and rear yard requirements shall be as follows:
side or rear yard, setback shall be at least 10 feet in width. No
front yard setback shall be required.
[Amended 10-20-1952]
A.
In any Light Industrial District, no building or premises
shall be used and no building shall be erected or altered which is
arranged, intended or designed to be used for any of the following
specified trades, industries or uses:
[Amended 11-6-2000 by L.L. No. 7-2000]
(1)
Acetylene gas manufacture for commercial purposes.
(2)
Arsenal.
(3)
Asphalt manufacture or refining.
(4)
Assaying (other than gold or silver).
(5)
Blast furnace for steel making, not including cupola
or converter furnaces used in foundries and in which no wood is used
as fuel.
(6)
Boiler works, structural steel fabrication shop, steel
car shops, locomotive shops and railway repair shops and any metalworking
shop operating pneumatic or electric reciprocating hammers or chisels
within 100 feet of any boundary of the property or outside of any
masonry building.
(7)
Brick, tile, concrete block or terra-cotta manufacture.
(8)
Candle manufacture.
(9)
Carbon, lampblack or graphite manufacture.
(10)
Coke oven.
(11)
Crematory.
(12)
Creosote treatment or manufacture.
(13)
Disinfectant, insecticide or poison manufacture.
(14)
Distillation of coal, wood or bones.
(15)
Dyestuff manufacture.
(16)
Electroplating shops, except those having artificial
ventilation systems.
(17)
Emery cloth or sandpaper manufacture.
(18)
Explosives, fireworks or match manufacturing,
assembling or storage in bulk.
(19)
Fat rendering.
(20)
Fertilizer manufacture.
(21)
Fish smoking or curing.
(22)
Forge.
(23)
Gas, illuminating or heating manufacture in
excess of 10,000 cubic feet per day, except for purposes of public
utility.
(24)
Glue, size or gelatin manufacture.
(25)
Iron, steel, brass or copper foundry.
(26)
Lime, gypsum, cement or plaster of paris manufacture.
(27)
Oilcloth or linoleum manufacture.
(28)
Ore reduction or the smelting of iron, copper,
tin, zinc or lead.
(29)
Paint, oil, shellac, turpentine or varnish manufacture.
(30)
Perfume and extract manufacture.
(31)
Refining or reclaiming waste oil of any description.
(32)
Planing mill, except one within 100 feet from
a railroad.
(33)
Potash works.
(34)
Printing ink manufacture.
(35)
Pyroxylin plastic manufacture or the manufacture
of articles therefrom.
(36)
Rawhides or skins, storage, curing or tanning.
(37)
Reduction of garbage, dead animals, offal or
refuse except where operated by a municipality.
(38)
Rock or stone crusher.
(39)
Rolling mill.
(40)
Rubber or gutta-percha manufacture from the
crude or scrap material, or treatment.
(41)
Sand, clay or gravel pit except as hereinafter
provided.
(42)
Sauerkraut manufacture.
(43)
Sausage manufacture.
(44)
Shoeblacking or stove polish manufacture.
(45)
Slaughtering of animals.
(46)
Smelter.
(47)
Soap manufacture.
(48)
Starch, glucose or dextrine manufacture.
(49)
Stockyard.
(50)
Sugar refining.
(51)
Sulfurous, sulfuric, nitric or hydrochloric
acid manufacture.
(52)
Tallow, grease or lard manufacture or refining.
(53)
Tar distillation or manufacture.
(54)
Tar roofing or waterproofing manufacture.
(55)
Tobacco (chewing) manufacture.
(56)
Vinegar manufacture.
(57)
Wool pulling or scouring.
(58)
Yeast manufacturing.
(59)
An open storage yard for the sale or the storage
or display of goods, wares and merchandise and any and all kinds of
machinery, equipment and materials, unless approved by the Board of
Appeals and permission therefor, subject to appropriate regulations
and safeguards, be granted by the Board of Appeals.
[Added 6-22-1953; amended 7-12-1965]
(60)
In a Light Industrial District, there shall
be no commercial automobile repair work carried on outside of a building
on any premises located in said district.
[Added 6-22-1953]
(61)
No public garage, major vehicle repair shop or gasoline service station or filling station shall be permitted in a Light Industrial District except pursuant to special permit issued by the Board of Trustees pursuant to § 335-23 of this chapter, if in the opinion of the said Board of Trustees such additional facilities are in the public interest. Such permission and approval shall be subject to such restriction as the Board of Trustees may deem necessary for the protection of public interests.
[Added 2-2-1959; amended 7-1-1968; 6-4-2007 by L.L. No. 4-2007]
(62)
There shall be no wrecking or dismantling of
used or abandoned automobiles, either inside or outside of a building
on any premises located in said district.
[Added 12-19-1960]
B.
No building or premises or any structure whatsoever
shall be used for any trade, industry, business or purpose of any
kind that is noxious or offensive by reason of the emission of odor,
dust, refuse matter, garbage, smoke, gas or noise or that is dangerous
to the comfort, peace, enjoyment, health or safety of the community
or tending to its disturbance or annoyance.
C.
No building or premises shall be used for residential
purposes.
[Added 7-1-1963][1]
[1]
Editor's Note: Former Subsection D, Permitted
uses, added 3-23-1987 by L.L. No. 2-1987, which immediately followed
this subsection, was repealed 6-22-1987 by L.L. No. 6-1987. Former
§ 80-10, Heavy Industrial District uses, added 10-20-1952,
as amended, which immediately followed former Subsection D, was repealed
2-21-1995 by L.L. No. 2-1995.
D.
Self-storage
facilities limited to the Light Industrial District located north
of I-287.
[Added 4-8-2024 by L.L. No. 4-2004]
[Added 3-3-1980 by L.L. No. 2-1980;
amended 5-4-1981 by L.L. No. 3-1981; 6-15-1981 by L.L. No. 6-1981; 6-16-1986 by L.L. No.
2-1986; 6-22-1987 by L.L. No. 6-1987]
A.
The purpose of establishing the Limited Office Use
District in the Village of Elmsford is to allow and encourage the
development of the type of high-quality office buildings which are
constructed in other communities along the Route I-287 corridor across
Central Westchester, including, in particular, the Town of Greenburgh,
of which the Village is a part. It is intended that this district
will be applied only to sites with frontage on state highways and
only when located within 1/2 mile of an interchange with Route I-287.
It is further intended that this district, by strictly limiting the
type of nonresidential uses permitted and by requiring extensive landscaping,
low lighting, adequate off-street parking and site plan review will
upgrade the quality of existing nonresidential development along such
state highways and will function as a transition between major commercial
arteries and neighboring residential and open space areas.
B.
The Zoning Map is hereby revised and amended to show
within the Limited Office Use District the following property: Block
908 on the Tax Map of the Village of Elmsford, Lots 6 through 10,
and Block 909, Lots 33, 34 and a portion of Parcel P6, Sheet 22, of
approximately three acres, located at the intersection of Knollwood
Road (New York Route 100A) and Knollwood Drive, opposite the end of
Old Tarrytown Road; such portion of said parcel being more particularly
described as follows.[1]
(1)
Uses permitted. No building or premises shall be used
and no building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following:
(a)
Any use permitted in Residence R-O, R-1 and
R-2 Districts.
(b)
An office building for business and professional
offices and, on the same lot, uses accessory to permitted office building
developments, provided that such uses shall be located entirely within
a building. Such accessory uses shall be limited to incidental research,
design and development laboratories, but only outpatient medical care
shall be permitted.
(c)
Self-storage facilities.
[Added 4-8-2024 by L.L. No. 4-2004]
(2)
Lot size and road frontage. No lot shall have an area
of less than 10,000 square feet nor a frontage along a state highway
of less than 80 feet.
(3)
Bulk and dimensional standards.
(a)
No building shall be erected to a height in
excess of six stories or 72 feet. Height limitations of this section
do not apply to ventilators, skylights, water tanks, bulkheads, building
chimneys, cooling towers, necessary mechanical appurtenances and similar
features usually carried above the roof level.
(b)
Land coverage. The maximum permitted coverage
of the land with buildings shall not exceed 20% of the area of the
lot on which it is located.
(c)
Every building shall have a front yard of not
less than 50 feet in mean depth.
(d)
Every building shall have a rear yard of not
less than 20 feet in mean depth.
(e)
A side yard shall be provided on each side of
each building. Each side yard shall be not less than 15 feet in width,
except where adjoining off-street parking in an adjacent residence
district, and the sum total of the widths of both side yards shall
be not less than 30 feet. The required side yard abutting a street
shall be equal to the required front yard.
(4)
Approval of site plans. All site plans for the proposed
development of limited office use properties shall be subject to the
approval of the Board of Trustees.
(5)
Off-street parking. The off-street parking requirement for office buildings in the Limited Office Use District shall be one parking unit for each 400 square feet of gross floor area. The required parking may, subject to the approval of the Board of Trustees, be provided on adjacent land within any residence district subject to such parking being located within a distance of 300 feet from the boundary of the limited office use property which it serves and further subject to such land being held in common ownership, common leasehold or common control of the owner of the limited office use site. The Zoning Board of Appeals shall have the right to vary or modify the application of any of the regulations or provisions of the Village Code regulating mandatory parking pursuant to § 335-19E of this Code.
(6)
Landscaping, lighting and drainage.
(a)
Landscaping. The entire lot, except areas covered
by buildings or surfaced as parking or service areas, shall be suitably
landscaped with grass, shrubs, trees, ground cover and pedestrian
walkways in such a manner as to minimize erosion and stormwater runoff
and harmoniously blend the uses on the site with the character of
the neighborhood. Where lot lines coincide with residence district
boundaries, there shall be planted evergreen trees of such type and
spacing as may be required by the Village Board of an initial height
of not less than five feet and adequate ultimately to screen all activity
on the lot from the view of existing single-family residences in the
adjoining residence district. A wall or fence of location, height,
design and materials approved by the Village Board may be substituted
for part or all of the required landscaped screening. The Village
Board may waive or modify the landscaped screening requirements of
this chapter where existing topography, landscaping and/or land uses
already provide adequate screening and separation. All required landscaping
shall be properly maintained throughout the life of any use which
they were designed to serve. If said landscaping is not maintained
as required, the Building Inspector shall give 30 days' written notice
by certified mail, addressed to the owner of record of such premises
as shown on the most recent assessment roll. If said notice is not
complied with, the Village Board may authorize the necessary maintenance
and assess the cost of such against the property on which the landscaping
is located. Any costs so incurred shall be certified to the Tax Assessor
and shall become a municipal lien against the property if not paid.
(b)
Lighting. All exterior lighting shall be so
located and so shielded that the source of the light and any objectionable
glare therefrom is not visible from any neighboring single-family
residence. The height, intensity, spacing and design of all exterior
lighting fixtures shall be such that they will be in character with
the area in which they are located. The level of lighting shall be
limited to that necessary for safety and security purposes. The lighting
system design shall be subject to approval by the Village Board as
a part of the required limited office use site plan.
(c)
Drainage. The stormwater drainage system shall
be designed so that the rate of runoff during a one-hundred-year storm
will not exceed that which would have occurred prior to the site's
development.
(7)
Uses prohibited.
(a)
No use of any premises shall be permitted which
will cause the emanation therefrom of offensive or noxious odors,
vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation,
nor shall any premises be used in such a manner as to cause injury,
offense or disturbance to any of the surrounding properties or their
owners or occupants.
(b)
No manufacturing of any kind, other than that
of laboratory prototypes, retail sales of any kind and bulk storage
of manufactured products shall be permitted on the premises.
(c)
The specific type and intensity of use permitted
on any premises may be limited by the Village Board to the extent
determined necessary by them in order to prevent the impact of the
traffic generated thereby from causing the operation of any intersection
adjacent to the site from being decreased in its level of service
below Level D as defined by the Institute of Traffic Engineers. In
making such determination, the Village Board shall take into consideration
any proposed traffic improvements designed to mitigate the impact
of such traffic conditions.
[1]
Editor's Note: Said description is available
for inspection in the Village offices.
A.
A stable equivalent to a garage. For the purposes
of this chapter, a stable for horses or mules shall be deemed to be
equivalent to a garage, and one horse or one mule and one vehicle
shall be deemed to be equivalent to one motor vehicle.
B.
Permitted garages.
(1)
Public garages are not permitted within any residence
district, but a private garage or a group of private garages is permitted
within any district.
(2)
Within any residence district on any lot having an
area of less than one acre, private garage space may be provided for
not more than five motor vehicles, and one additional motor vehicle
may be accommodated for each 1/5 acre that the area of the lot exceeds
one acre.
(3)
Within any Residence R-3 District, on any lot containing
a residence for five or more families, private garage space may be
provided, in addition to the space authorized in the immediately preceding
subsection, in the ratio of one motor vehicle space to each resident
family in excess of five families.
(4)
Within any residence district, not more than 1/2 of the garage space provided on any lot shall be used for the housing of commercial vehicles as defined in § 335-3B of this Code.
[Amended 9-20-2021 by L.L. No. 4-2021]
(5)
Within any residence district, no private garage built
into a basement shall project in any part, except the doors when open,
more than four feet into a required front yard.
C.
Renting garage space. Within any residence district,
not more than 1/2 of the garage space provided on any lot shall be
rented out to or used by any person other than the owner of or the
lessee of or a person residing in the main building on that lot; except
that on any lot, space for at least one noncommercial motor vehicle
may be rented out.
D.
Restrictions on public garages, major vehicle repair
shops, gasoline service stations and filling stations.[1]
[Amended 6-4-2007 by L.L. No. 4-2007]
(1)
No part of any public garage, major vehicle repair
shop, minor vehicle repair shop, gasoline service station or filling
station shall be used for residence or sleeping purposes, except by
a watchman.
(2)
No part of any entrance to or exit from any public
garage, major vehicle repair shop, minor vehicle repair shop, gasoline
service station or filling station accommodating more than five motor
vehicles shall be connected with a public street at a point within
200 feet of any building located on either side of the same street
and within the same block upon which said public garage, major vehicle
repair shop, or gasoline filling station is located, and used as a
theater, auditorium or other place of public assembly seating over
100 persons, or used as a church, hospital, college, school or institution
for dependents or children.
(3)
No part of any building used as a public garage, major
vehicle repair shop, minor vehicle repair shop, gasoline service station
or filling station, and no filling pump, lift or other service appliance
shall be erected within 20 feet of any boundary line of any residence
district.
(4)
No gasoline or oil pump, no oiling or greasing mechanism
and no other service appliance installed in connection with any filling
station or public garage shall be within 10 feet of any street line
unless contained within a building and 10 feet from any street door.
[Amended 1-5-1970; 1-17-1972; 12-2-1991 by L.L. No. 10-1991; 1-21-2014 by L.L. No. 2-2014]
B.
Within any business district, neighborhood business district, central
business district or any light industrial district, a building may
be erected to a height not exceeding 150 feet, provided it is constructed
in accordance with the requirements of the New York State Uniform
Fire Prevention and Building Code, and the lot on which it is to be
erected has a width of not less than 100 feet, and further provided
that the lot upon which it is to be erected abuts upon a public street
or highway or has in front of it a permanently open space of equivalent
width abutting upon a public street or highway.
C.
The hereinbefore specified height limits shall not apply to transmission
or aerial towers, masts, flagpoles or monuments, nor to domes, cupolas,
church spires, belfries, chimneys, water tanks, elevator penthouses,
scenery lofts and similar parts of a building, provided that the aggregate
horizontal area of such parts shall not exceed 20% of the ground area
covered by the main building; nor shall the specified height limits
apply to parapet walls not over four feet high.
D.
All measurements of buildings shall be made and determined in the
following manner:
(1)
If a curb has been established on a street on which the building
faces and the mean level of the entire lot is lower or not higher
than five feet than the mean curb level, the measurement shall be
made from that curb level.
(2)
If the mean natural level of the entire lot is more than five feet
higher or lower than the mean curb level or if there is no established
curb level or if the building is set back more than 50 feet from a
street, the measurement shall be made from the mean natural level
of the lot on all four sides of a building adjacent to the building
foundation. All such measurements shall be made to the mean level
of the main portions of the roof.
A.
Residence districts.
(1)
Within any residence district, except the RCD District,
a front yard is required on every lot, which shall be of a mean depth
of not less than 20 feet.
[Amended 12-2-1991 by L.L. No. 10-1991]
(2)
If on one side of a street within a given block there
is pronounced uniformity of alignment of the fronts of existing buildings
and of depths of front yards greater than the depths herein specified,
a front yard shall be required in connection with any new building
which shall conform as nearly as practicable to those provided on
the adjacent lots, except that no such building shall be required
to set back from the street a distance greater than 40 feet.
(3)
If on one side of a street within a given block there
is pronounced uniformity of alignment of the fronts of existing buildings
less than herein specified, the Board of Appeals may, upon application
in any individual case, permit a reduction of the front yard depths
hereinbefore specified in this section, for the purpose of preserving
said uniformity of alignment.
B.
RCD Districts. Within any RCD District, the front yard requirements for buildings developed therein shall be as set forth in § 335-8C(2)(e) of this chapter.
[Added 12-2-1991 by L.L. No. 10-1991]
A.
Residence R-O and R-1 Districts. Within any Residence
R-O and R-1 Districts, a rear yard is required behind every main building
of a minimum depth of 30 feet.
B.
Residence R-2 Districts. Within any Residence R-2
District, a rear yard is required behind every main building of a
minimum depth of 20 feet, and for each foot that the building height
exceeds 30 feet, four inches shall be added to this minimum.
C.
RCD Districts. Within any RCD District, the rear yard requirements for buildings developed therein shall be as set forth in § 335-8C(2)(e) of this chapter.
[Added 12-2-1991 by L.L. No. 10-1991]
D.
Business and industrial districts.
(1)
Within any business or industrial district where a building is used in whole or in part for residence purposes, then the rear yard requirements shall be the same as for Residence R-2 Districts described in Subsection B above, except that the rear yard here required need not extend below the level of the residence occupancy it serves.
(2)
Within any business or industrial district, on any lot the rear line of which bounds a residence district, there shall be provided, except on the ground story, at least 1/2 as much rear yard space as is required above in Subsection B of this section.
(3)
In any case, if a rear yard is provided, it shall
be not less than 10 feet in depth.
(4)
Every rear yard that is not otherwise accessible at
its lowest level shall be made accessible by a door or other means
to enable it to be properly cleaned.
A.
Residence R-O and R-1 Districts.
(1)
Within any Residence R-O and R-1 Districts, a side
yard shall be provided on each side of each building.
(2)
For a lot 40 feet or less in width, no side yard shall
be less than five feet in width, and the sum of the widths of both
side yards shall be not less than 12 feet.
(3)
For each foot that the width of a lot exceeds 40 feet,
one inch shall be added to this required minimum side yard width and
three inches shall be added to this required minimum sum of both widths.
Beyond a lot width of 60 feet, no further increments need be provided.
B.
Residence R-2 Districts.
(1)
Within any Residence R-2 District, a side yard shall
be provided on each side of each building.
(2)
For a lot 25 feet or less in width, no side yard shall
be less than five feet in width.
(3)
For each foot that the width of a lot exceeds 25 feet,
one inch shall be added to the required minimum side yard width. Beyond
a lot width of 50 feet, no further increment need be required.
(4)
For each foot that the height of a building exceeds
40 feet, the foregoing minima shall be increased two inches.
C.
RCD Districts. Within any RCD Districts, the side yard requirements for buildings developed therein shall be as set forth in § 335-8C(2)(e) of this chapter.
[Added 12-2-1991 by L.L. No. 10-1991]
A.
When required. Within any district, a court is required
wherever any room in which people live, sleep, work or congregate
cannot be adequately lighted or ventilated directly from a street
or a yard on the same lot to afford natural light and ventilation
to such room, but no court need extend below the floor level of the
room or rooms it is required to serve.
B.
Required size. Within any district, the minimum width
of an outer court shall be in the ratio of three inches to each foot
of its height, and not less than six feet; and of an inner court,
in the ratio of four inches to each foot of its height, and not less
than eight feet. No outer court shall be longer than twice its width
and no inner court shall be shorter than twice its width.
C.
Accessibility. Every court that is not otherwise accessible
at its lowest level shall be made accessible by a door or other means
to enable it to be properly cleaned.
[Added 8-6-1962]
A.
Definition of "parking unit," "loading unit" and "multifamily structure." Unless otherwise expressly stated in this chapter, the terms "parking unit," "loading unit" and "multifamily structure," for the purpose of this chapter, shall have the meanings indicated in § 335-3, Word usage; definitions.[1]
B.
To facilitate public understanding of this chapter
requiring mandatory off-street parking and loading spaces, the regulations
governing the same are set forth in the annexed Schedule.[2] Such Schedule is hereby adopted and declared to be part
of this chapter and is hereinafter referred to as the "Schedule,"
and may be amended in the same manner as any other part of this chapter.
C.
Off-street parking and off-street loading areas shall
be required for all new buildings and uses. Subject to the exceptions,
if any, hereinafter set forth, for every building hereafter constructed,
erected or alerted, and for each use hereafter established, there
shall be provided on the same premises, suitably graded, paved or
graveled off-street parking areas and off-street loading areas, except
that cindered or grassed areas may be used for an athletic field or
stadium. Each such off-street parking area shall contain the required
number of parking units (PU) set forth in the annexed Schedule, and
shall have appurtenant thereto and giving access thereto adequate
passageways, driveways and turning areas. Each such off-street loading
area shall contain the required number of loading units (LU) set forth
in the annexed Schedule. No such off-street parking area or off-street
loading area shall be located on the roof of any building or structure
unless a special permit therefor shall have been granted by the Board
of Trustees pursuant to Subdivision E of this section. In computing
such parking units and loading units, the definition defining "parking
units," as contained in Subdivision A of this section, shall be applicable,
and the definition defining "loading units," as contained in Subdivision
A of this section, shall be applicable.
D.
Parking units required for one-family dwellings. A
parking unit required for a one-family dwelling may be provided in
a private accessory garage or in a required side or rear yard, in
a driveway not less than eight feet nor more than 30 feet in width,
or in a combination thereof, but may not encroach upon a required
front yard.
E.
Exceptions and modifications.
(1)
The Board of Trustees, in individual cases, after
public hearing with respect to small or exceptionally irregular lots
existing at the time of the enactment of this chapter, may vary or
modify the application of any of the regulations or provisions of
this amendment relating to mandatory off-street parking and loading
areas, where there are practical difficulties or unnecessary hardships,
in the way of carrying out the strict letter of this chapter, so that
the spirit of the ordinance shall be observed, public safety and welfare
secured and substantial justice done.
(2)
The Board of Trustees, after public hearing, may direct
the Building Inspector to issue a permit to allow off-street parking
units, as required by this section for business uses in a Business
District, to be provided on lands in Residence R-2 Districts where
such lands are contiguous to a Business District fronting on a numbered
state highway. Such action may be taken only in cases where the principal
use is located in the Business District, the elevation of the lands
in the R-2 District does not vary by more than five feet from the
elevation of the Business District, and the R-2 District lands are
used for no purpose other than for parking accessory to the principal
use in a Business District. In authorizing such use of R-2 lands,
the Board shall be governed by the following requirements:
[Amended 4-15-1968; 11-6-2000 by L.L. No. 7-2000]
(a)
There may be vehicular access to a residential
street only where access to such R-2 lands through adjoining B lands
is not feasible. Exposed lighting standards shall not have a height
of more than three feet. There shall be provided adequate screening
in the form of evergreen hedges and/or close woven or solid fencing.
Advertising devices or signs other than those required for traffic
control shall not be permitted on the accessory lot. Such lots shall
be paved with a suitable nonporous surface with designated individual
parking units and aisles. A site plan shall be approved by the Board
of Trustees only after certification by the Building Inspector as
to compliance with this chapter and Building Code, and certification
by the Village Engineer and Chief of Police as to sufficiency and
safety of proposed means of traffic control and movement. Such permit
shall not be granted in cases where the Board of Trustees determine
that its issuance would reduce the validity of adjacent residential
zoning or adversely affect traffic safety or general neighborhood
character. The foregoing regulations, governing the use of lots in
R-2 Districts for parking purposes which are accessory to principal
uses in contiguous Business Districts, shall govern notwithstanding
any other provisions of this chapter.
F.
Schedule.
[Amended 12-19-1983 by L.L. No. 10-1983]
(1)
Parking space.
[Amended 3-3-2008 by L.L. No. 1-2008; 12-5-2016 by L.L. No. 8-2016; 4-8-2024 by L.L. No. 4-2004]
|
Building or Use
|
One Unit for Each of the Following
| |
|---|---|---|
|
Dwellings
| ||
|
Hospitals or institutions
|
3 beds and 2 medical staff members
| |
|
Country clubs, golf clubs
|
8 members
| |
|
Other clubs
|
8 permanent seats or 200 square feet floor area
| |
|
Stadium or auditorium
|
10 seats
| |
|
Schools, churches, Sunday school, public buildings,
semipublic buildings
|
12 seats
| |
|
Professional office or studio
|
2 units each
| |
|
Multifamily dwellings
|
2 per dwelling unit
| |
|
Lodging or boarding houses
|
2 boarders
| |
|
Home for the aged
|
5 boarders
| |
|
Nursing home
|
3 boarders
| |
|
Nursery schools
|
4 seats
| |
|
Hotel
|
2 guest rooms plus one unit for each four seats
in restaurant in such hotel
| |
|
Restaurant, lunchroom or other place serving
food or drinks
|
3 seats
| |
|
Office building
|
400 square feet rentable floor area
| |
|
Retail or mercantile establishment store or
service shop
|
400 square feet of area devoted to merchandising,
exclusive of show windows
| |
|
Motel
|
1 sleeping room
| |
|
Bowling alley
|
Each 1/2 alley
| |
|
Dance hall
|
50 square feet dance hall
| |
|
Wholesale storage or industrial plants
|
2 employees
| |
|
Skating rink
|
200 square feet floor area devoted to such use
| |
|
Motion-picture theater
|
5 seats
| |
|
Auto laundry
|
10 units per washing aisle
| |
|
Clubs, lodges and other places of public assembly
|
12 seats
| |
|
Warehouse
|
1,000 square feet plus office space
| |
|
Self-storage facility
|
11,500 square feet floor area; minimum 3
|
(2)
Loading space. Each unit being 10 feet wide, 30 feet
long and 14 feet high located within a structure or within a side
or rear yard or within an access drive or aisle of an off-street parking
space.
(a)
One loading space in a side or rear yard for
each store, and if net merchandising floor area exceeds 4,000 square
feet, one additional loading space for each additional 2,000 square
feet or fraction thereof.
(b)
Outside storage, same requirement as above for
the square feet used or devoted to such use.
(c)
Self-storage facility, one loading space per first 40,000 square
feet floor area.
[Added 4-8-2024 by L.L. No. 4-2004]
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter, except as provided in § 335-26, to repeal, abrogate, annul or in any way to impair or interfere with any existing law or ordinance or any rules or regulations relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon heights of buildings, or requires larger yards, courts or other open spaces, than are imposed or required by such existing provision of law or ordinance or by such rules or regulations or permits, the provisions of this chapter shall govern.
A.
Authority and duties of the Building Inspector. This
chapter shall be enforced by the Inspector, who shall in no case,
except under a written order of the Board of Appeals, grant any certificate
of occupancy or building permit with respect to any building or premises
where the proposed construction, alteration or use thereof would be
in violation of any provision of this chapter.
[Amended 7-10-2006 by L.L. No. 4-2006]
B.
Certificate of occupancy. It shall be unlawful to
use or permit the use of any building or premises or part thereof
hereafter created, erected, changed, converted, altered or enlarged,
wholly or in part, or to use any building or premises existing at
the time of enactment of this chapter, for any other than the purpose
for which it is then being used, until a certificate of occupancy
shall have been applied for and issued by the Inspector, as provided
in the Building Code.[1]
A.
Organization and membership. There shall be a Board
of Appeals of five members pursuant to the provisions of Article 7,
§ 7-712 et. seq. of the Village Law of the State of New
York. The members of such Board shall be resident citizens of the
Village of Elmsford. The members of the existing Board shall continue
to serve out their terms. The present Chairman shall continue to serve
out his existing term and his successor shall be appointed by the
Board of Trustees.
[Amended 5-16-2005 by L.L. No. 2-2005]
B.
Alternate members. The Board of Trustees may appoint
an alternate member of the Board of Appeals. Such alternate member
shall attend meetings of the Board of Appeals but shall only participate
in its deliberations and vote in the event that a member of the Board
of Appeals is absent or otherwise unable to act with respect to a
particular matter. The Chairperson of the Board of Appeals may designate
an alternate member to substitute for a member when such member is
absent or otherwise unable to act with respect to a particular application
or matter before the Board of Appeals. When so designated, the alternate
member shall possess all the powers and responsibilities of such member
of the Board of Appeals. Such designation shall be entered into the
minutes of the initial Board of Appeals meeting at which the substitution
is made. All provisions of Village Law § 7-712 which pertain
to Zoning Board of Appeals members, including, without limitation,
training and continuing education, attendance, conflict of interest,
compensation, eligibility, vacancy in office, removal, and service
on other boards, shall also apply to alternate members.
[Amended 5-16-2005 by L.L. No. 2-2005]
C.
Meetings and minutes. All meetings of the Board of
Appeals shall be open to the public to the extent provided in Article
7 of the Public Officers Law. The presence of a majority of the members
shall be necessary for a quorum. The Board of Appeals shall keep minutes
of its proceedings, showing the vote of each member on every question,
or, if any member is absent or fails to vote, indicating that fact,
and shall also keep records of its examination and other official
actions. Every rule, determination, regulation, amendment or repeal
thereof, and every order requirement and decision of the Board shall
be filed in the office of the Village Clerk and shall thereafter be
a public record within five business days after the day such decision
is rendered.
[Amended 5-16-2005 by L.L. No. 2-2005]
D.
Powers and duties. The Board of Appeals shall have
all the powers and duties prescribed by law, which powers and duties
are summarized and more particularly specified as follows:
[Added 4-16-1962; amended 5-16-2005 by L.L. No. 2-2005]
(1)
Appeals and variances.
(a)
The Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of this chapter and to that
end shall have all the powers of the administrative official from
whose order, requirement, decision, interpretation or determination
the appeal is taken.
(b)
Use variances.
[1]
The Board of Appeals, on appeal from the decision
or determination of the administrative official charged with the enforcement
of this chapter, shall have the power to grant use variances, as defined
herein.
[2]
No such use variance shall be granted by the
Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
[a]
The applicant cannot realize a
reasonable return, provided that lack of return is substantial as
demonstrated by competent financial evidence;
[b]
That the alleged hardship relating
to the property in question is unique and does not apply to a substantial
portion of the district or neighborhood;
[c]
That the requested use variance,
if granted, will not alter the essential character of the neighborhood;
and
[d]
That the alleged hardship has not
been self-created.
[3]
The Board of Appeals, in the granting of use
variances, shall grant the minimum variance that it shall deem necessary
and adequate to address the unnecessary hardship proven by the applicant
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
(c)
Area variances.
[1]
The Board of Appeals shall have the power, upon
an appeal from a decision or determination of the administrative official
charged with the enforcement of this chapter, to grant area variances,
as defined herein.
[2]
In making its determination, the Board of Appeals
shall take into consideration the benefit to the applicant if the
variance is granted, as weighed against the detriment to the health,
safety and welfare of the neighborhood or community by such grant.
In making such determination the Board shall also consider:
[a]
Whether an undesirable change will
be produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of the area variance;
[b]
Whether the benefit sought by the
applicant can be achieved by some method, feasible for the applicant
to pursue, other than an area variance;
[c]
Whether the requested area variance
is substantial;
[d]
Whether the proposed variance will
have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district; and
[e]
Whether the alleged difficulty
was self-created, which consideration shall be relevant to the decision
of the Board of Appeals, but shall not necessarily preclude the granting
of the area variance.
[3]
The Board of Appeals, in the granting of area
variances, shall grant the minimum variance that it shall deem necessary
and adequate and at the same time preserve and protect the character
of the neighborhood and the health, safety and welfare of the community.
(d)
Variances when subdivision, site plan or special
permit applications are involved. Where a proposed site plan contains
one or more features which do not comply with the zoning regulations,
or where a proposed special permit use contains one or more features
which do not comply with the zoning regulations, or where a proposed
subdivision plat contains one or more lots which do not comply with
the zoning regulations, application may be made to the Board of. Appeals
for an area variance or variances without the necessity of a decision
or determination of an administrative official charged with the enforcement
of this chapter or a referral by an approving agency acting pursuant
to this chapter.
(e)
Conditions and safeguards. The Board of Appeals,
in the granting of both use variances and area variances, may prescribe
such reasonable conditions or restrictions applying to the grant of
a variance as it may deem necessary in each specific case, in order
to minimize the adverse effects of such variance upon the character
and property values of the neighborhood or community and to protect
the public health, safety and welfare. Such conditions or restrictions
shall be directly related to the proposed use of the property. Such
conditions or restrictions shall be incorporated in the building permit
and certificate of occupancy. Failure to comply with such conditions
or restrictions shall constitute a violation of this chapter, and
may constitute the basis for denial or revocation of a building permit,
certificate of conformance or certificate of occupancy and for all
other applicable remedies.
(2)
The Board of Appeals shall have such other powers
and duties as the Board of Trustees shall from time to time determine.
E.
Appeal or application.
[Added 7-12-1965; amended 7-1-1968; 5-16-2005 by L.L. No. 2-2005]
(1)
An appeal shall be taken within 60 days of filing
the order or decision appealed from in the Town Clerk's office, by
filing with the official or agency from whom the appeal is taken and
with the Board of Appeals, a notice of appeal specifying the ground
thereof. The official or agency from whom the appeal is taken shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed from is taken. A referral to the Board
for a variance, or a request for an interpretation, may be made at
any time. All such appeals and applications to the Board shall be
made by the owner or agent duly authorized, in writing, and shall
be on forms prescribed by the Board. Each appeal or application shall
fully set forth the circumstances of the case, shall refer to the
specific provision of the chapter involved and shall exactly set forth,
as the case may be, the interpretation that is claimed, the details
of the adjustment that is applied for and the grounds on which it
is claimed that the same should be granted.
(2)
Notice of hearing. Notice of any hearing before the
Board of Appeals shall be published by the Board in the official paper
at least five days prior to the date of said hearing. Notice of the
hearing shall also be mailed by the Board to the parties and to the
Regional State Park Commission having jurisdiction over such appeal,
at least five days before such hearing. In addition, the Board shall
give any other notice required by law. The applicant shall mail, by
certified mail, at least 10 days before such hearing, notice of the
hearing to all abutting property owners and to all owners of the property
situated directly across a street from the property affected by such
appeal. Proof of such mailing shall be submitted to the Board by the
applicant prior to the hearing. The applicant shall be responsible
for the cost of publication and mailing of such notice. Further, the
applicant shall post a sign, which should be located so that it is
visible from the nearest public street, on the property referenced
in such application at least 10 days but not more than 20 days prior
to the Board of Appeals scheduled hearing on the matter. Such signs
shall be issued by the Secretary of the Board of Appeals upon receipt.
of a security deposit, in an amount to be set forth by resolution
by the Board of Trustees in the Master Fee Schedule as same may be
amended from time to time, which security deposit shall be retained
by the Village in the event that the applicant fails to return the
sign within 10 days after the close of the public hearing.
(3)
Referral to Board of Trustees and Planning Commission.
The Board of Appeals shall, not less than five days prior to the date
of the required public hearing, transmit a copy of the application,
together with a copy of the notice of the public hearing to be held
thereon, to the Board of Trustees and the Planning Commission. The
Planning Commission may submit to the Board of Appeals an advisory
opinion on such application.
(4)
Hearing. The Board of Appeals shall conduct a public hearing on any application made pursuant to this chapter. At such public hearing all those present and wishing to be heard shall be given an opportunity to be heard. If the Board of Appeals or the applicant determines that a stenographic record of such hearing is required, the cost of the same, including the transcript thereof, shall be paid by the applicant. If such a stenographic record is requested, the same shall be filed as provided in Subsection E(6) hereof.
(5)
Decision.
(a)
The Board of Appeals shall decide upon the appeal
for relief, interpretation or determination within 62 days after the
close of said hearing. The time within which the Board must render
its decision may be extended by mutual consent of the applicant and
the Board. Every decision of the Board of Appeals shall be by resolution,
shall be recorded and shall fully set forth the facts of the case,
the findings and the conclusions on which the decision was based.
The decision of the Board of Appeals, which shall be incorporated
in the approved minutes of the Board of Appeals, shall be filed in
the office of the Village Clerk within five business days after the
day such minutes are approved, and a copy of such resolution shall
be filed with the Board of Trustees, the Planning Commission and the
Building Inspector and one copy mailed to the applicant.
(b)
Vote required. The concurring vote of a majority
of the members of the Board of Appeals shall be necessary to reverse
any order, requirement, decision or determination of any administrative
official, or to decide in favor of the applicant any matter upon which
it is required to pass under this chapter, or to effect any variation
in this chapter.
(6)
Rehearing. A motion for the Board of Appeals to hold
a rehearing to review any order, decision or determination of the
Board of Appeals not previously reviewed may be made by any member
of the Board of Appeals. A unanimous vote of all members of the Board
of Appeals then present is required for such hearing to occur. Such
rehearing is subject to the same notice provisions as an original
hearing. Upon such rehearing the Board of Appeals may reverse, modify
or annul its original order, decision or determination upon the unanimous
vote of all members then present, provided that the Board of Appeals
finds that the rights vested by persons acting in good faith in reliance
upon the reviewed order, decision or determination will not be prejudiced
thereby.
F.
Special exception (conditional use) permits by the
Board of Appeals.
[Added 12-19-1966]
(1)
After public hearing held pursuant to the rules and regulations of the Board of Appeals, the Board may permit in a Residence R-1 District two-family dwellings which were in existence at the time of the effective date of this amending ordinance and converted from one-family dwellings to two-family dwellings in violation of this chapter of the Village of Elmsford, but which, through inadvertence, were allowed to continue, and also permit in such district the erection and use of new two-family dwellings; provided, however, that such special exception use complies with the standards, both general and special, set forth in Subsection E of this section for the guidance of the Board of Appeals in granting or denying applications for special permits, and subject to appropriate regulations, conditions and safeguards which will ensure that the granting of such special exception use shall not impair the use, enjoyment and value of adjacent residential properties and shall not be detrimental to the prevailing residential character of the neighborhood.
(2)
Board of Appeals may impose further conditions. Upon
finding that such general and special standards have been fully met,
the Board of Appeals may grant such special exception, and in so doing
may impose any conditions that it may deem necessary to accomplish
the reasonable application of said standards. The Board of Appeals
may deny any application for a special exception which in its judgment
is not in accordance with said general or special standards. Said
Board may require as a condition of the granting of any special exception
that it shall be periodically renewed, or said Board may grant a temporary
special exception subject to adequate guaranties that the use covered
will be terminated at the end of the period specified, or such extension
thereof as may be granted by said Board, provided that any such renewal
or extension shall be subject to the same procedure as specified herein
for the original granting of the special exception involved, and to
conformity with general special standards.
(3)
Time limit. The owner or lessee of any structure or building located in a Residence R-1 District which has been converted from a one-family to a two-family dwelling in violation of this chapter, must within a period of 30 days from the effective date of this chapter apply to the Board of Appeals for the special exception mentioned and described in this Subsection F, specifying in such application the character and extent of the nonconformity of such building or structure.
(4)
Cessation of nonconforming use. Any nonconforming
building or structure located in a Residence R-1 District, for which
a special exception has not been applied for by the owner or lessee
within the time limit above provided, shall be discontinued and made
conforming within a period of 45 days from the effective date of this
chapter.
(5)
Violations, penalties and remedies. In case the owner
or lessee of a nonconforming building or structure in a Residence
R-1 District fails to discontinue the nonconforming use of such building
or structure, and make the same conform within the limit of time fixed
in the preceding paragraphs hereof, then in that event such building
or structure and the use thereof shall be deemed a violation of this
chapter of the Village of Elmsford, and the owner or lessee shall
be subject to all the penalties provided in said ordinance for a violation
of the same, and the local authorities of the Village, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent such unlawful maintenance or use, to restore, correct or
abate such violation, to prevent the occupancy of such building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
[Added 7-1-1968; amended 6-6-1983 by L.L. No. 7-1983; 5-1-2000;
5-16-2005 by L.L. No. 2-2005]
A.
Statement of purpose. All uses listed as subject to
approval as set forth in this section are declared to possess characteristics
of such unique and distinct form that each specific use shall be considered
as an individual case, and they shall conform, but not be limited,
to the following general requirements, as well as the pertinent specific
requirements.
B.
General provisions. The special uses listed hereunder
for which conformance to additional standards is required by this
Zoning Chapter shall be deemed to be permitted uses subject to the
satisfaction of the requirements and standards set forth herein, in
addition to all other requirements as set forth in this Zoning Chapter.
C.
Application, public hearing and general standards.
Application for required special permits shall be made to the Board
of Trustees together with such fees as are set forth in the Master
Fee Schedule of the Village of Elmsford as maintained by the Village
Clerk, as same may be amended from time to time by resolution of the
Board of Trustees. Each such application shall be referred to the
Planning Commission for a report, which report shall be rendered prior
to the date of public hearing on the application. A public hearing
for the special permit application shall be held within 62 days of
receipt of a complete application and shall require the same notice
required by law for zoning amendments. Within 62 days of the close
of the public hearing, the Board of Trustees shall decide whether
to approve, approve with modifications or disapprove the special permit
application. The time at which the Board of Trustees must arrive at
its decision may be extended at the request of the applicant or as
necessary for the Board of Trustees to complete all necessary environmental
review requirements pursuant to the State Environmental Quality Review
Act (SEQRA). A copy of the Board's decision shall be filed in the
office of the Village Clerk within five business days after such decision
is rendered, and a copy thereof mailed to the applicant. The Board
of Trustees may authorize the issuance of a permit, provided that
it shall find that all of the following conditions and standards have
been met, and may deny such application which in its judgment is not
in accordance with said conditions and standards:
(1)
The location and size of the use, the nature and intensity
of the operations and traffic involved in or conducted in connection
with it, the size of the site in relation to it, and the location
of the site with respect to the type, arrangement and capacity of
streets giving access to it, are such that it will be in harmony with
the appropriate and orderly development of the district in which it
is located.
(2)
The location, nature and height of buildings, walls
and fences, and the nature and extent of the landscaping and screening
on the site, as existing or proposed, are such that the use will not
hinder or discourage the appropriate development and use of adjacent
land and buildings.
(3)
Operations in connection with any special use will
not be more objectionable to nearby properties by reason of noise,
fumes, vibrations, lighting or flashing of lights, than would be the
operations of any permitted use not requiring a special permit,
(4)
Parking areas will be of adequate size for the particular
use properly located and suitably screened from any adjoining residential
uses, and the entrance and exit drives shall be laid out so as to
achieve maximum safety.
(5)
Each special use shall be of such character, intensity,
size and location that in general it will be in harmony with the orderly
development of the district in which the property is situated and
will not be detrimental to the orderly development of adjacent districts.
(6)
Each special use sought in a residential district
shall be so located on the lot involved that it shall not impair the
use, enjoyment and value of adjacent residential properties.
(7)
The nature and intensity of a special use sought in
a residential district and the traffic generated by it shall not be
hazardous, incongruous or detrimental to the prevailing residential
character of the neighborhood.
(8)
Each special use in a business district shall be harmonious
with the district in which its location is sought, shall not create
undue pedestrian or vehicular traffic hazards and shall not include
any display of signs, noise, fumes or lights that will hinder the
normal development of the district or impair the use, enjoyment and
value of adjacent land and buildings.
D.
Required plan. A plan for the proposed development
of a site for a permitted special use shall be submitted with an application
for a special permit. The plan shall be drawn to some convenient scale,
and shall show the location of all buildings, parking areas, traffic
access and circulation drives, open spaces, landscaping, topography,
special features, and any other pertinent information, including such
information about neighboring properties as may be necessary to determine
and provide for the enforcement of this Zoning Chapter.
E.
Conditions and safeguards. The Board of Trustees shall
attach such conditions and safeguards to the special permit as are
necessary to assure continual conformance to all applicable standards
and requirements.
F.
Time limitations of permit.
(1)
The Board of Trustees may issue a special permit for
a stated period, subject to an application for renewal or extension
of said permit.
(2)
Two violations of any condition or safeguard imposed
by the Board of Trustees may be the basis for the Board of Trustees
to deny the renewal or extension of a special permit.
G.
Expiration. A special permit shall be deemed to authorize
only the particular use or uses specified in the permit and shall
expire if said use or uses shall cease for more than six months for
any reason.
H.
Existing violations. No permit shall be issued for
a special use for a property upon which there is an existing violation
under any provision of the Code of the Village of Elmsford, including
without limitation, this Zoning Chapter, and/or the Uniform Fire Prevention
and Building Construction Code of the State of New York.
I.
Preexisting uses deemed to be conforming. Any lawful
use existing at the time of the adoption of this chapter or any amendment
thereof which, if newly created under this chapter, would require
a special permit in the district in which it is situated, may be continued
and shall be deemed to be a conforming use, but any modification,
change or extension thereof shall be subject to the issuance of a
special permit as provided in this chapter.
J.
Special permits shall be required for the following:
(1)
Wireless telecommunications services facility.
(a)
The following special permit standards and requirements
shall apply to all wireless telecommunications services facilities.
(b)
Purpose. The purpose of these special regulations
is to reasonably control the location, construction and maintenance
of wireless telecommunications facilities in order to encourage the
siting of wireless telecommunications services facilities in nonresidential
areas and to protect, to the maximum extent practicable, aesthetic
impacts, the property values of the community, the health and safety
of citizens, and a citizen's ability to receive communication signals
without interference from other communication providers, while not
unreasonably limiting competition among telecommunications providers.
(c)
Use. Except as provided hereinafter, no wireless
telecommunications services facility shall be located, constructed
or maintained on any lot, building, structure or land area in the
Village of Elmsford, except in conformity with the requirements of
this chapter and all other applicable regulations.
(d)
Location and access. Subject to the Board of
Trustees' review and evaluation of technological, structural, safety
and financial considerations associated with alternative locations
for the siting of wireless telecommunications services facilities,
the following locational priorities shall apply in the order specified,
consistent with the Village's objective to create the least amount
of aesthetic impact and preserve both the scenic values and the property
values of the Village:
[1]
Collocation on existing wireless telecommunications
services facilities previously approved by a duly authorized board
of the Village, as identified on an inventory of existing wireless
telecommunications services facilities which shall be maintained by
the Village (the Eligible Collocation Sites Inventory). Collocation
shall be required unless it has been demonstrated to the satisfaction
of the Board of Trustees that:
[a]
None of the sites identified on
the Eligible Collocation Sites Inventory within the service area can
accommodate the proposed wireless telecommunications services facility
in a reasonably financially and technologically feasible manner consistent
with the wireless communications service carrier's system requirements;
[b]
None of the sites identified on
the Eligible Collocation Sites Inventory within the service area can
accommodate the proposed wireless telecommunications services facility
with respect to structural or other engineering limitations, including
frequency incompatibilities; or
[c]
The owners of the sites identified
on the Eligible Collocation Sites Inventory within the service area
lawfully refuse to permit the applicant use of the site.
[2]
Nonresidential sites, buildings and structures
located in business districts and industrial districts containing
any other type of existing communications antenna previously approved
by a duly authorized board of the Village.
[3]
Other lands in business districts and industrial
districts.
[4]
Lands used for nonresidential purposes in a
residence district.
[5]
Other lands in a residence district.
(e)
All new wireless communication services facilities
and premises shall be of proper size, location and design to accommodate
collocation of other service providers' facilities, unless otherwise
permitted by the Board of Trustees. Wherever possible, such facility
shall be attached to an existing building or structure. To the maximum
extent practicable, existing roadways shall be used to provide access
to the site of a wireless telecommunications services facility.
(f)
Setbacks. Wireless telecommunications services
facilities, except those structurally mounted to an existing building
or structure, shall be located not less than two times the otherwise
applicable setback requirements for principal structures for the district
in which the property is located, or the height of the facility plus
the otherwise applicable setback requirements for principal structures
for the district in which the property is located, whichever shall
be greater. Wireless telecommunications services facilities structurally
mounted to the roof of an existing building or structure shall be
set back from the side of the building or structure so as to minimize
its visibility, but in no case less than 10 feet.
(g)
Freestanding structures. No freestanding wireless
telecommunications services facility shall be permitted except for
a monopole.
(h)
Height limitations. Notwithstanding the following
height limitations, in no case shall a wireless telecommunications
services facility exceed the minimum height reasonably necessary to
accomplish the purpose it is proposed to serve.
[1]
The height of any antennas, or other associated
equipment, structurally mounted as part of a wireless telecommunications
services facility shall not exceed by more than 15 feet the highest
point of the existing structure on which such antennas or equipment
are affixed.
[2]
The height of any monopole utilized in a wireless
telecommunications services facility shall not exceed 100 feet in
height measured from the highest point of such facility to the finished
grade elevation of the ground immediately adjacent to the structure.
(i)
Visual mitigation. The applicant/provider shall
prepare a visual impact assessment of the proposed wireless telecommunications
services facility based upon appropriate modeling, photography and
other pertinent analytical techniques as required by the Board of
Trustees. Landscaping and/or other screening and mitigation, including
but not limited to architectural treatment, use of neutral or compatible
coloring and materials, or alternative construction and transmission
technologies shall be required to minimize the visual impact of such
facility from public thoroughfares, important viewsheds and vantage
points and surrounding properties to the extent practicable, as determined
by the Board of Trustees. No signs shall be erected on any wireless
telecommunications services facility except as may be required by
the Board of Trustees for security or safety purposes.
(j)
Lighting. The wireless telecommunications services
facility shall not be artificially lighted unless otherwise required
by the Federal Aviation Administration or other federal, state or
local authority.
(k)
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunications services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Board of Trustees. Except as otherwise provided by law, the applicant shall provide an annual certification of conformance with the applicable emissions standards and the requirements and conditions of special permit and site plan approval. Additionally, copies of certification reports shall be submitted to the Board of Trustees whenever they are required to be submitted to the FCC. The Board of Trustees may hire a qualified professional of its choosing to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established for the reimbursement of professional review fees for subdivision, site plan and special permit applications. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this Chapter or the conditions of special permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 335-24 of this chapter.
(l)
Noise. Noise-producing equipment shall be sited
and/or insulated to prevent any detectable increase in noise above
ambient levels as measured at the property line.
(m)
Utility service. Electrical and land-based telephone
lines extended to serve the wireless telecommunications services facility
sites shall be installed underground.
(n)
Safety provisions. A wireless telecommunications
services facility shall be designed and. erected so that in the event
of structural failure, it will fall within the required setback area
and, to the maximum extent possible, away from adjacent development.
(o)
Security provisions. A security program shall
be formulated and implemented for the site of a wireless telecommunications
services facility. Such program may include physical features such
as fencing, anti-climbing devices or elevating ladders on monopoles
and/or monitoring either by staff or electronic devices to prevent
unauthorized access and vandalism.
(p)
Annual structural inspection and report. A monopole
over 50 feet in height shall be inspected annually at the expense
of the service provider by a licensed professional engineer, or at
any other time upon a determination by the Building Inspector or other
Village designated code enforcement officer that the monopole may
have sustained structural damage, and a copy of the inspection report
shall be submitted to the said Building Inspector or other Village
designated code enforcement officer as the case may be.
(q)
Lease agreement. In the case of an application
for approval of a wireless telecommunications services facility to
be located on lands owned by a party other than the applicant or the
Village, a copy of the lease agreement with the property owner together
with any subsequent modifications thereof, shall be provided to the
Board of Trustees, and a copy shall be filed with the Village Clerk.
(r)
Removal. A wireless telecommunications services
facility shall be dismantled and removed from the property on which
it is located within 60 days when it has been inoperative or abandoned
for a period of six (6) months or more from the date on which it ceased
operation. The applicant shall provide to the Village written notification,
including identification of the date the use of the facility was discontinued
or abandoned by one or more of the service providers, acknowledgment
of the requirement to remove the facility and identification of the
plans for the future of the facility.
(s)
Application procedure.
[1]
An application for approval of a wireless telecommunications services facility shall be submitted on the relevant forms for special use permit and site plan approval. Site plan approval by the Board of Trustees in accordance with § 335-28 of this chapter shall be required.
[2]
The operator of the wireless telecommunications
service shall submit a certificate of public utility unless it can
be demonstrated to the satisfaction of the Board of Trustees that
the operator of such facility is exempt from such requirement pursuant
to New York State law. The operator of such facility shall also demonstrate
to the satisfaction of the Board of Trustees that there is a compelling
public need for such facility at the location(s) proposed by the applicant.
Such demonstration shall include the preparation of existing and master
effective service area plans which:
[a]
Minimize the number of such facilities
within the service area(s);
[b]
Maximize collocation of wireless
telecommunications services facilities;
[c]
Identify all existing and proposed
wireless telecommunications facilities which impact upon the service
area covering the Village of Elmsford, including but not limited to
topographic maps of the Village with service coverage and service
gap grids and all proposed and other functionally acceptable locations
for such facility(ies); and
[d]
Analyze feasible alternatives to
reasonably minimize the visual impacts and exposure levels.
[3]
Any application for a wireless telecommunications
services facility shall include a statement and appropriate documentation
demonstrating that the Village's existing facilities inventory has
been reviewed and, to the extent relevant to provide wireless telecommunications
services in the area which is the subject of such application, that
all reasonable efforts have been made to collocate such facility on
all sites identified in such existing facilities inventory and all
other existing sites with communication antennas within the service
area.
[4]
As a condition of special permit approval, the
applicant shall be required to provide a written agreement, in recordable
form suitable for filing and prepared to the satisfaction of the Village
Attorney, acknowledging that it shall be required to allow the collocation
of other future wireless telecommunications service facilities unless
otherwise unreasonably limited by technological, structural or other
engineering considerations.
[5]
Where collocation of a wireless telecommunications
services facility is proposed the added wireless telecommunications
services facility shall be permitted, as an amendment to the existing
special use permit for the site containing such facility, by submission
of an application for a building permit and without the need for an
application for an amended special permit or site plan approval, provided
such facility meets all of the otherwise applicable requirements of
this chapter and no physical modification other than the attachment
of the antennas and the installation of associated equipment to be
located on site is required. An amended written narrative and certification
report indicating conformance with all of the special permit standards
and conditions of site development plan approval shall be provided
in addition to all required information in support of the required
building permit. An as-built drawing of the modified facilities shall
be filed with the Building Department. The Building Inspector shall
provide written notification to the Board of Trustees and the Planning
Commission of the Village's receipt of such building permit application.
[6]
The applicant and all future owners of the premises
and the wireless telecommunications services facility shall at all
times keep on file in the office of the Village Clerk the name, address,
and telephone number of the owner and operator of such facility and
of at least one individual who shall have authority to arrange for
the maintenance of the premises and facility, and who shall be authorized
to accept service of notices and legal process on behalf of the owner
and operator(s) of the premises and facility and to bind the owner
to any settlement, fine, judgment, or other disposition which may
result from any civil or criminal action or proceeding instituted
by the Village against such owner and/or operator(s).
(t)
In order to further facilitate the shared use
of public utilities and wireless telecommunications services facilities,
the Board of Trustees may, by resolution, waive or modify any of the
special permit standards and criteria contained herein.
(u)
All wireless telecommunications facilities shall
be constructed, operated, maintained, repaired, modified or restored
in strict compliance with all current technical, safety and safety-related
codes adopted by the Village, county, state or United States, including
but not limited to the most recent editions of the National Electrical
Safety Code and the National Electrical Code, as well as accepted
and responsibly workmanlike industry practices and recommended practices
of the National Association of Tower Erectors. The codes referred
to are codes that include, but are not limited to, construction, building,
electrical, fire, safety, health and land use codes. In the event
of a conflict between or among any of the preceding, the more stringent
shall apply.
(2)
Public garages, major vehicle repair shops, gasoline
service stations and filling stations.
[Added 6-4-2007 by L.L. No. 4-2007]
(a)
A public garage, major vehicle repair shop, gasoline service station or filling station shall be permitted by special permit in the Light Industrial Districts only, and then only after a public hearing held at the direction of the Board of Trustees in accordance with this § 335-23. The Board of Trustees, in acting upon an application for such special permit, may approve the same if it shall determine in its judgment that, in addition to the standards set forth in § 335-23C:
[1]
The area lacks such facilities or is inadequately
served by existing facilities.
[2]
The proposed use is in the public interest,
will not create undue fire or traffic hazards, impair the character
of the neighborhood, or adversely affect property values, and the
layout and design of the use is reasonably in keeping with the character
of neighboring structures, thus tending to promote the stability of
the area and taxes therefrom.
[3]
Such use shall not be within 200 feet of the
entrance to any church, hospital, public library, public or duly licensed
private school, nor shall any part of the building or equipment be
within 25 feet of the boundary line of any residence district, nor
within 15 feet of any street or building line.
[4]
The special permit use sought will be reasonably
necessary for the promotion of public health, safety and general welfare.
[5]
It is appropriately located with respect to
adequate streets for proper access, transportation facilities, water
supply, fire and police protection, waste disposal, and other similar
facilities.
[6]
The benefits to be derived by the granting of
this special permit outweigh the disadvantages connected with the
same.
(b)
Upon a finding that such general standards and the special standards set forth above and in § 335-23C have been met, the Board of Trustees may grant such special permit and, in so doing, may impose further standards and conditions deemed necessary to accomplish the reasonable application of said standards and in order to protect the interest of the general public as well as the interest of the neighboring property. Such permit shall not be transferable and shall not authorize the person to whom it is granted to conduct said business at any location other than that specified herein.
(c)
Any addition to, extension of or enlargement
of any public garage, major vehicle repair shop or gasoline filling
station presently existing, either in the Business or Light Industrial
District, is hereby prohibited without the issuance of a special permit
therefore from the Board of Trustees, permitting the same after a
public hearing to be held before the Board of Trustees.
(d)
Annual inspection. Every use for which a special permit is issued under this § 335-23J(2) shall be subject to annual renewal which renewal, shall only be approved upon an inspection to be performed by the Building Inspector or other Village-designated code enforcement officer to confirm conformance of the use and operation of the facility with the applicable provisions of the Village Code and New York State Building Code.
(e)
Fees. In addition to any other fees required under this section, a fee as established by resolution of the Board of Trustees in the Master Fee Schedule which may be amended from time to time, per year or any part thereof shall be paid annually, in advance, by the owner on record, for an inspection under § 335-23J(2)(d) above.
(3)
Finished basements and finished attics in residential structures.
[Added 8-4-2015 by L.L.
No. 5-2015; amended 11-18-2019 by L.L. No. 2-2019]
(a)
No residence shall have a finished
basement or a finished attic, nor shall any unfinished basement or
unfinished attic in an existing residence be finished unless and until
the property owner thereof, or his designee shall have first obtained
a special permit from the Board of Trustees relative to such basement
or attic, as the case may be.
(b)
All finished basements and finished
attics shall comply with the Residential Code of New York State, as
same may be amended from time to time.
(c)
No basement or attic shall be constructed
or finished to serve as a separate dwelling unit or separate living
quarters, nor shall have such qualities or indicia of a separate dwelling
unit or separate living quarters.
(d)
A finished basement may have either
cooking facilities or a half-bathroom (shower and/or tub but no toilet,
or a toilet but no shower or tub) but not both. Upon a showing of
special circumstances, the Board of Trustees may, in its sole discretion,
permit a full bathroom (shower and/or tub and toilet).
(e)
A finished attic may have a half-bathroom
(shower and/or tub but no toilet, or a toilet but no shower or tub),
but may not have cooking facilities.
(f)
For the purposes of this section,
the term "cooking facilities" shall include, without limitation, kitchen
appliances, installations or any area used, or designated to be used,
for food preparation.
(g)
Inspection. It shall be a condition to all special permits issued under this § 335-23J(3) that the Building Inspector or other Village-designated code enforcement officer shall have the right to inspect the subject premises, including the finished basement or finished attic, as the case may be, one time per calendar year upon reasonable notice to the property owner, to confirm conformance of the use and operation of the facility with the applicable provisions of the Village Code, the New York State Building Code, and the special permit issued therefor and this chapter. In the event of any violation thereof, in addition to any other rights provided in this Village Code, the Board of Trustees may revoke the special permit theretofor granted in which event all finishes of any kind as well as interior nonbearing walls shall be removed from the subject basement or attic, as the case may be, or it may in its discretion permit the correction of the violation, whereupon the right of inspection shall increase to two times per calendar year. Subsequent violations shall also result in the revocation of the special permit or additional annual inspections upon correction of such violations as the Board of Trustees shall determine in its sole discretion.
(h)
Notwithstanding anything contained in this Code to the contrary, any finished basement or finished attic existing prior to the requirement herein to obtain a special permit therefor, which is or has been converted to a residential dwelling unit, which residential dwelling unit is not specifically identified as a separate residential dwelling unit in the certificate of occupancy or certificate of compliance for the residential structure in which it is located, shall require a special permit in accordance with this § 335-23J(3), failing which, the Building Department shall be authorized to revoke any certificate of occupancy or the certificate of compliance, as the case may be, for such residential structure.
(i)
Notwithstanding the provisions of § 335-23C of this chapter, special permits under this § 335-23J(3) shall not be subject to referral to the Planning Commission nor subject to public hearing.
(4)
Battery
energy storage systems.
[Added 1-24-2022 by L.L. No. 3-2022]
(a)
Applicability.
[1]
The requirements of this subsection shall apply to all battery
energy storage systems permitted, installed, or modified in the Village
of Elmsford after the effective date of this subsection, excluding
general maintenance and repair.
[2]
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration, power rating or storage capacity
shall be subject to this subsection.
[3]
Battery energy storage systems shall be allowed as a Special Permit Use in the Village's RO One Family, 1/2 Acre Residence District, B-Business District and BOL-Business Overlay District and municipally owned properties subject to the site size requirements listed in § 335-23J(4)(d)[1].
(b)
ANSI
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
BATTERY ENERGY STORAGE SYSTEM
[1]
[2]
BATTERY or BATTERIES
CELL
COMMISSIONING
DEDICATED-USE BUILDING
[1]
[2]
[3]
[4]
[a]
[b]
ENERGY CODE
FIRE CODE
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NON-DEDICATED-USE BUILDING
NON-PARTICIPATING PROPERTY
NON-PARTICIPATING RESIDENCE
PARTICIPATING PROPERTY
UNIFORM CODE
Definitions.
American National Standards Institute
An electronic system that protects energy storage systems
from operating outside their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition if potentially hazardous temperatures or other conditions
are detected.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-volt car battery or an electric motor
vehicle. A battery energy storage system is classified as a Tier 1
or Tier 2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this subsection, batteries utilized in consumer products are excluded
from these requirements.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
The building's only use is battery energy storage, energy generation,
and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage system,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
rough areas containing battery energy storage systems or other energy
system equipment.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on non-participating property.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
(c)
General requirements.
[1]
A building permit and an electrical permit shall be required
for installation of all battery energy storage systems.
[2]
All battery energy storage systems and all other buildings or
structures that 1) contain or are otherwise associated with a battery
energy storage system and 2) subject to the Uniform Code and/or the
Energy Code shall be designed, erected, and installed in accordance
with all applicable provisions of the Uniform Code, all applicable
provisions of the Energy Code, NFPA 855: Standard for the Installation
of Stationary Energy Storage Systems, and all applicable provisions
of the codes, regulations, and industry standards as referenced in
the Uniform Code, the Energy Code, and the Code of the Village of
Elmsford.
[3]
Utility lines and electrical circuitry. All on-site utility
lines shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
[4]
Signage.
[a]
The signage shall be in compliance with American
National Standards Institute (ANSI) Z535 and shall include the type
of technology associated with the battery energy storage systems,
any special hazards associated, the type of suppression system installed
in the area of battery energy storage systems, and twenty-four-hour
emergency contact information, including reach-back phone number.
[b]
As required by the National Electric Code (NEC),
disconnect and other emergency shutoff information shall be clearly
displayed on a light reflective surface. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted
transformers and applicable related infrastructure.
[c]
Lighting. Lighting of the battery energy storage
systems shall be limited to that minimally required for safety and
operational purposes and shall be reasonably shielded and downcast
from abutting properties.
[d]
Vegetation and tree-cutting. Areas within battery
energy storage systems shall be cleared of combustible vegetation
and other combustible growth. Single specimens of trees, shrubbery,
or cultivated ground cover such as green grass, succulents, or similar
plants used as ground covers shall be permitted to be exempt provided
that they do not form a means of readily transmitting fire.
[5]
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the outside
wall of any non-participating residence or occupied community building.
Applicants may submit equipment and component manufacturers noise
ratings to demonstrate compliance. The applicant may be required to
provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
(d)
Specific special permit standards.
[1]
Site size: in R-O One-Family and 1/2 Acre Residence Districts,
a property with a minimum of three acres; in the B-Business District,
the BESS lots under common ownership of not less than four acres;
in the Business Overlay District on the south side of Route 119 west
of the intersection with Nob Hill Drive and on the north side of Route
119 west of the ramp from Exit 8-A of Interstate 87; on municipally
owned lands not less than three acres in size. Other than the R-O
District, a BESS must be located a minimum of 200 linear feet from
the any residential lot line located in the Village of Elmsford.
[2]
Height. Battery energy storage systems shall comply with the
building height limitations of the underlying zoning district, but
in no event shall exceed 25 feet in height.
[3]
Fencing requirements. Battery energy storage systems, including
all mechanical equipment, shall be enclosed by a fence with a self-locking
gate to prevent unauthorized access.
[4]
Screening and visibility. Battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using architectural features, earth berms, landscaping,
or other screening methods that will harmonize with the character
of the property and surrounding area and not interfering with ventilation
or exhaust ports.
[5]
Decommissioning plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
[a]
A narrative description of the activities to be
accomplished, including who will perform that activity and at what
point in time, for complete physical removal of all battery energy
storage system components, structures, equipment, security barriers,
and transmission lines from the site.
[b]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations.
[c]
The anticipated life of the battery energy storage
system.
[d]
The estimated decommissioning costs and how said
estimate was determined.
[e]
The method of ensuring that funds will be available
for decommissioning and restoration.
[f]
The method by which the decommissioning cost will
be kept current.
[g]
The manner in which the site will be restored,
including a description of how any changes to the surrounding areas
and other systems adjacent to the battery energy storage system, such
as, but not limited to, structural elements, building penetrations,
means of egress, and required fire detection suppression systems,
will be protected during decommissioning and confirmed as being acceptable
after the system is removed.
[h]
A listing of any contingencies for removing an
intact operational energy storage system from service, and for removing
an energy storage system from service that has been damaged by a fire
or other event.
[6]
Decommissioning fund.
[a]
The owner and/or operator of the energy storage
system, shall continuously maintain a fund or security payable to
the Village of Elmsford, in a form approved by the Village of Elmsford
for the removal of the battery energy storage system. The fund or
security shall cover projected costs of i) removal of battery energy
storage system cabinets, ancillary equipment, and overhead power lines,
ii) disposal of solid and hazardous materials, iii) site restoration
(including clean-up from soil or other environmental contamination
or pollution) and iv) other decommissioning costs, at the applicant's
expense, be obtained prior to beginning construction and maintained
until the completion of decommissioning and site restoration.
[b]
The security may consist of a letter of credit
or bond. The letter of credit should be issued by a financial institution
or surety company licensed to do business in the State of New York,
and presentable for payment in Westchester County or New York City.
At the time of each renewal, the credit rating of the issuer shall
be satisfactory to the Village Comptroller.
(e)
Site plan application. For a Tier 2 battery energy storage system
requiring a special use permit, site plan approval shall be required.
Any site plan application shall include the following information:
[1]
Property lines and physical features, including roads, for the
project site.
[2]
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
[3]
An electrical diagram detailing the battery energy storage system
layout, associated components, and electrical interconnection methods,
with all National Electrical Code compliant disconnects and over current
devices.
[4]
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
[5]
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the battery energy
storage system. Such information of the final system installer shall
be submitted prior to the issuance of building permit.
[6]
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the battery energy
storage system.
[7]
Zoning district designation for the parcel(s) of land comprising
the project site.
[8]
Commissioning plan. Such plan shall document and verify that
the system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, battery energy
storage system commissioning shall be conducted by a New York State
(NYS) licensed professional engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Building Inspector prior to final inspection and approval and
maintained at an approved on-site location.
[9]
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
[10]
Operation and maintenance manual. Such plan shall
describe continuing battery energy storage system maintenance and
property upkeep, as well as design, construction, installation, testing
and commissioning information and shall meet all requirements set
forth in the Uniform Code.
[11]
Erosion and sediment control and stormwater management
plans prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Village Board.
[12]
Prior to the issuance of the building permit or
final approval by the Village Board, but not required as part of the
application, engineering documents must be signed and sealed by a
NYS licensed professional engineer.
[13]
Emergency operations plan. A copy of the approved
emergency operations plan shall be given to the system owner, the
local fire department, and local fire code official. A permanent copy
shall also be placed in an approved location to be accessible to facility
personnel, fire code officials, and emergency responders. The emergency
operations plan shall include the following information:
[a]
Procedures for safe shutdown, de-energizing, or
isolation of equipment and systems under emergency conditions to reduce
the risk of fire, electric shock, and personal injuries, and for safe
start-up following cessation of emergency conditions.
[b]
Procedures for inspection and testing of associated
alarms, interlocks, and controls.
[c]
Procedures to be followed in response to notifications
from the battery energy storage management system, when provided,
that could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to Fire Department personnel for potentially
hazardous conditions in the event of a system failure.
[d]
Emergency procedures to be followed in case of
fire, explosion, release of liquids or vapors, damage to critical
moving parts, or other potentially dangerous conditions. Procedures
can include sounding the alarm, notifying the Fire Department, evacuating
personnel, de-energizing equipment, and controlling and extinguishing
the fire.
[e]
Response considerations similar to a safety data
sheet (SDS) that will address response safety concerns and extinguishment
when an SDS is not required.
[f]
Procedures for dealing with battery energy storage
system equipment damaged in a fire or other emergency event, including
maintaining contact information for personnel qualified to safely
remove damaged battery energy storage system equipment from the facility.
[g]
Other procedures as determined necessary by the
Village of Elmsford Board of Trustees to provide for the safety of
occupants, neighboring properties, and emergency responders.
[h]
Procedures and schedules for conducting drills
of these procedures and for training local first responders on the
contents of the plan and appropriate response procedures.
(f)
Safety.
[1]
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 (Standard for Battery Energy Storage Systems and Equipment) (a
copy of the UL 9540 listing and web link from certification database)
or approved equivalent, with subcomponents meeting each of the following
standards as applicable:
[a]
UL 1973 (Standard for Batteries for Use in Stationary,
Vehicle Auxiliary Power and Light Electric Rail Applications);
[b]
UL 1642 (Standard for Lithium Batteries);
[c]
UL 1741 or UL 62109 (Inverters and Power Converters);
[d]
Certified under the applicable electrical, building,
and fire prevention codes as required.
[2]
Site access. Battery energy storage systems shall be maintained
in good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal at a level acceptable
to the local emergency responders.
[3]
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with National Fire Protection Association (NFPA) 70.
[4]
Additional requirements.
[a]
Fireproof separation of the monitoring system from
the batteries.
[b]
All fees of outside professionals related to the
application shall be paid by applicant. All documentation shall be
satisfactory to the Village Board, the Village Attorney or outside
counsel selected by it, and the various Village departments having
oversight over various conditions.
[c]
Failure to comply with any of the conditions of
the approvals granted by the Village Board would be grounds for the
approvals to be revoked only after all applicable cure periods have
been exhausted.
(g)
Enforcement. Any violation of this Battery Energy Storage System
Law shall be subject to the same enforcement requirements, including
the civil and criminal penalties, provided for in the zoning or land
use regulations of the Village of Elmsford.
K.
Payment
in lieu of taxes (PILOT).
[Added 1-24-2022 by L.L. No. 3-2022[1]
(1)
Purpose. This subsection is adopted to ensure that the benefits of
the community's battery energy storage system resources are available
to the entire community, by promoting the installation of battery
energy storage system equipment through a payment-in-lieu-of-taxes
(PILOT), granting reduced costs to system developers and energy consumers,
and providing a revenue stream to the entire community.
(3)
ANNUAL PAYMENT
ANNUAL PAYMENT DATE
CAPACITY
IMPERVIOUS SURFACES
OWNER
Definitions. For the purpose of this § 335-23K, the following terms shall be defined as follows:
The payment due under a PILOT agreement entered into pursuant
to Real Property Tax Law § 487(9).
January 1 of each year.
The manufacturer's nameplate capacity of the battery energy
storage system as measured in kilowatts (kW) or megawatts (MW) AC.
Those surfaces, improvements and structures that cannot effectively
infiltrate snow melt and stormwater into the ground, including but
not limited to: parking areas, driveways, streets, sidewalks, areas
of concrete, asphalt, gravel or other compacted aggregate, swimming
pools, and areas covered by the outdoor storage of goods or materials
which do not absorb water.
The owner of the property on which a battery energy system
is located or installed, or their lessee, licensee or other person
authorized to install and operate a battery energy storage system
on the property.
(4)
PILOT required.
(a)
The owner of a property on which a battery energy storage system
is located or installed (including any improvement, reconstruction,
or replacement thereof), shall enter into a PILOT agreement with the
Village consistent with the terms of this subsection, except for:
(b)
The lessee or licensee of any owner of a property required to
enter into a PILOT agreement by this Subsection K(14)(a) which owns
or controls the battery energy storage system, may enter into the
PILOT agreement on behalf of the owner of the property and with the
owner's authorization.
(c)
Upon receipt of any notification from an owner or other person of intent to install a battery energy storage system that is not exempt from the provisions of this subsection pursuant to Subsection A, the Building Inspector shall immediately, but in no case more than 60 days after receipt of the notification, notify the owner or other person of the mandatory requirement for a PILOT agreement pursuant to the terms of this subsection.
(d)
Nothing in this subsection shall exempt any requirement for
compliance with state and local codes for the installation of any
battery energy storage equipment. All battery energy storage systems
must file a real property tax exemption application pursuant to Real
Property Tax Law § 487 to receive a tax exemption.
(e)
In the event the battery energy storage system is initially
a Tier 1 system, but due to subsequent improvements and/or additions
of battery energy storage system equipment on the property the battery
energy storage system(s) is deemed herein to be a Tier 2 system, the
owner shall then be required to enter into a PILOT agreement for those
years where the battery energy storage system(s) would be exempt from
real property taxes under Real Property Tax Law § 487. In
the event there is more than one battery energy storage system on
the property, same shall be collectively deemed a Tier 2 system and
the payment amount for each battery energy storage system will be
separately calculated in accordance with § 336-5H.
(5)
Contents of PILOT agreements. Each PILOT agreement entered into shall
include the following:
(a)
Name and contact information of the owner or other party authorized
to act upon behalf of the owner of the battery energy storage system.
(b)
The SBL number for each parcel or portion of a parcel on which
the battery energy storage system will be located.
(c)
A requirement for 15 successive annual payments, to be paid
commencing on the first annual payment date after the effective date
of the Real Property Tax Exemption granted pursuant to Real Property
Tax Law § 487.
(d)
The capacity of the battery energy storage system, and that
if the capacity is increased or decreased as a result of a system
upgrade, replacement, partial removal or retirement of battery energy
storage system equipment, the annual payments shall be increased or
decreased on a pro rata basis for the remaining years of the agreement.
(e)
That the parties agree that under the authority of Real Property
Tax Law § 487 the battery energy storage system shall be
considered exempt from real property taxes for the fifteen-year life
of the PILOT agreement.
(f)
That the PILOT agreement may not be assigned without the prior
written consent of the Village, which consent may not be unreasonably
withheld if the assignee has agreed in writing to accept all obligations
of the owner, except that the owner may, with advance written notice
to the Village but without prior consent, assign its payment obligations
under the PILOT agreement to an affiliate of the owner or to any party
who has provided or is providing financing to the owner for or related
to the battery energy storage system, and has agreed in writing to
accept all payment obligations of the owner.
(g)
That a notice of this agreement may be recorded by the owner
at its expense, and that the Village shall cooperate in the execution
of any notices or assignments with the owner and its successors.
(h)
That the annual payment shall be $4,500 per MW of capacity multiplied
by the corresponding Village percentage of applicable taxes.
(i)
That the annual payment shall escalate 2% per year, starting
with the second annual payment.
(j)
That if the annual payment is not paid when due, that upon failure
to cure within 30 days, the Village may cancel the PILOT agreement
without notice to the owner, and the battery energy storage system
shall thereafter be subject to taxation at its full assessed value.
[1]
Editor's Note: This ordinance also redesignated former Subsection
K as Subsection L.
L.
Revocation and modification.
(1)
All such special permits issued by the Board of Trustees
may be subject to revocation or modification by the Board of Trustees
upon a material breach or violation of any condition, term or safeguard
imposed by the special permit or any other requirements imposed by
this chapter on the property which is the subject of the special permit
and which is committed during the existence of the special permit.
(2)
Prior to the revocation or modification of any special
permit, the Board of Trustees shall, upon at least 10 days' notice
to the property owner and/or person to whom the special permit was
issued, cause to be mailed to the property owner and/or person to
whom the special permit was issued, a notice stating the alleged breaches
or violations warranting such action, and the time and place of the
hearing to be held concerning the revocation or modification of the
special permit. The property owner and/or the person to whom the special
permit was issued shall be given an opportunity to be heard and to
introduce the testimony of witnesses and documentary evidence, and
shall be given an opportunity to prove by competent evidence that
the premises are in full compliance with the terms, conditions and
safeguards imposed by the special permit and all other requirements
imposed by this chapter, and any mitigating circumstances surrounding
the alleged breach or violation.
(3)
The action of the Board of Trustees relative to such
revocation or modification shall be final. Upon revocation, it shall
be unlawful to use or occupy any portion of the property for the use
specified in the special permit.[2]
[2]
Editor's Note: Former § 80-21B,
Public nuisances, added 11-2-1964, which immediately followed this
subsection, was deleted 11-6-2000 by L.L. No. 7-2000.
[Amended 6-25-1956; 2-3-1992 by L.L. No. 5-1992; 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006; 9-1-2015 by L.L. No. 4-2015]
A.
The proliferation of illegal and unsafe housing poses a clear and
significant danger to the lives of those residing in such housing,
as well as to the emergency responders and Village employees who are
called to emergencies at, or who otherwise visit and inspect such
housing. The Village of Elmsford is aware of and duly acknowledges
the existence of § 20-2006 of the Village Law of the State
of New York and hereby supersedes such section.
B.
For purposes of this section, the term "person" shall include, without
limitation, any individual person, corporation or other business entity,
whether as owner, lessee, architect, contractor or builder, or the
agent or employee of any of them.
C.
Subject to Subsection D below, any person who violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter, or who shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this chapter, or in violation of the provisions of any building permit or change of occupancy permit or certificate of occupancy or without a building permit, change of occupancy permit or certificate of occupancy where one is required by this chapter, and who fails to abate said violation within the time period specified on the violation notice and after written notice has been served upon him either by mail or personal service, shall be liable to a fine or imprisonment as follows:
(1)
Persons found guilty of a first offense shall be subject to a fine
of not less than $500 nor more than $1,000 for each violation and/or
imprisonment up to 15 days. Each day such violation of this chapter
is allowed to exist after the allotted time for its cure, if any,
shall constitute a separate and distinct violation, subject to the
same fine to be accrued for each such day after the allotted time
for its cure, if any.
(2)
Persons found guilty of a second offense shall be subject to an automatic
fine of not less than $5,000 nor more than $20,000 and/or imprisonment
up to one year. Each day such violation is allowed to exist after
the allotted time for its cure, if any, shall constitute a separate
and distinct violation, subject to a continuing fine of $1,000 per
day to accrue for each such day after the allotted time for its cure,
if any.
(3)
Persons found guilty of a third offense and any subsequent offense
shall be subject to an automatic fine of not less than $15,000 nor
more than $50,000 and/or imprisonment up to one year. Each day such
violation is allowed to exist after the allotted time for its cure,
if any, shall constitute a separate and distinct violation, subject
to a continuing fine of $1,000 per day to accrue for each such day
after the allotted time for its cure, if any.
E.
Nothing in this chapter shall be construed as depriving the Village
or the Village Board or any official thereof of the right to apply
for an injunction to prevent any violation of this chapter or of the
right to employ any other available remedy.
F.
In case any building or structure is erected, constructed, reconditioned,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter, the Village Board or
the Building Inspector, or any other official of the Village, through
the Village Attorney, in addition to other remedies, may institute
any appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, repair, conversion, maintenance
or use, to restrain, correct or abate such violation, to prevent the
occupancy of said building, structure or land or to prevent any illegal
act, conduct, business or use in or about such building, structure
or land.
G.
The Building Inspector shall maintain a cumulative file, open to
public inspection, of each violation of this chapter, arranged by
volume, sheet, block and lot numbers, so that the full case history
of each such violation may be available.
This chapter may be amended, revised or repealed
by the Board of Trustees in the manner provided by law.
An ordinance adopted July 7, 1924, by the Board
of Trustees of the Village of Elmsford, heretofore known as the "Zoning
Ordinance of the Village of Elmsford," together with any amendments
thereof, is hereby repealed.
This chapter shall be known as the "Zoning Ordinance
of the Village of Elmsford, New York."
[Added 9-27-2004 by L.L. No. 10-2004]
A.
Authority of Board of Trustees.
(1)
Pursuant to Village Law § 7-725-a, the Board
of Trustees is authorized to review and approve, approve with modifications
or disapprove site plans and may adopt such rules and regulations
as it deems necessary, consistent with the provisions of Article 7
of the Village Law, to exercise the powers granted herein.
(2)
There shall be a fee for each site plan submitted, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time. The applicant shall also pay all fees in connection with a professional consultant's review in accordance with Chapter 162, Article II, of the Village Code.
B.
When required. In all districts, site development
plan (referred to hereinafter as "site plan") approval by the Board
of Trustees shall be required for:
(1)
The erection or enlargement of all buildings, other
than one- and two-family residences, in all districts.
(2)
All uses of vacant land.
(3)
Any change in use or intensity of use that will affect
the characteristics of the site in terms of traffic, access, parking,
loading, circulation, hours of operation, drainage, utilities, lighting,
security or other Village services.
C.
Amendments. In all cases where any amendment of any
such plan is proposed, the applicant shall also secure the approval
of the amendment by the Board of Trustees.
D.
Approval required before building permit or certificate
of occupancy may be issued. No building permit may be issued for any
building within the purview of this section until an approved site
plan or amendment of any such plan has been secured by the applicant
and presented to the Building Inspector. No certificate of occupancy
may be issued for any building or use of land within the purview of
this section unless the building is constructed or used or the land
is developed or used in conformity with an approved site plan or an
amendment of any such plan. The Building Inspector shall certify whether
or not each original or amended site plan submitted to him or her
meets all applicable requirements of this chapter.
E.
Factors to be considered; conditions and safeguards.
In considering and reviewing site plans, the Board of Trustees shall
take into consideration the public health, safety and welfare, the
comfort and convenience of the public in general and of the residents
of the proposed development and of the immediate neighborhood in particular
and may prescribe such appropriate conditions and safeguards as may
be required in order that the result of its action shall, to the maximum
extent possible, further the expressed intent of this chapter and
the accomplishment of the following objectives in particular:
(1)
That all proposed traffic accessways are adequate
but not excessive in number; adequate in width, grade, alignment and
visibility; not located too near street corners or other places of
public assembly; and other similar safety considerations.
(2)
That adequate off-street parking and loading spaces
are provided to prevent parking in public streets and that the interior
circulation system is adequate to provide safe accessibility to all
required off-street parking lots, loading bays and building services.
(3)
That all playground, parking and service areas are
reasonably landscaped and screened at all seasons of the year from
the view of adjacent residential lots and streets and that the general
landscaping of the site is such as to enhance the character of the
Village and is in character with that generally prevailing in the
neighborhood.
(4)
That all existing trees over eight inches in diameter,
measured three feet above the base of the trunk, shall be retained
to the maximum extent possible and that all other important natural
features are properly protected.
(5)
That all plazas and other paved areas intended for
use by pedestrians shall use decorative pavements and shall use plant
materials so as to prevent the creation of vast expanses of pavement.
(6)
That all outdoor lighting is of such nature and so
arranged as to preclude the diffusion of glare onto adjoining properties
and streets.
(7)
That the drainage system, including proposals, will
afford the best solution to any drainage problems.
(8)
That site elements of noteworthy historical, architectural
or cultural value, such as stone walls, outstanding trees, structures
that serve as visible reminders of the heritage of the community or
similar distinctive features, are preserved, protected and enhanced.
(9)
That the site plan is in conformance with such portions
of the Comprehensive Development Plan of the Village of Elmsford that
may be in existence.
F.
Procedure.
(1)
Presubmission conference. Prior to the submission
of a formal site plan, a presubmission conference may, upon request
of either the applicant or the Building Inspector, be held wherein
the applicant shall meet in person with the Board of Trustees or its
designated representative to discuss the proposed site plan so that
the necessary subsequent steps may be undertaken with a clear understanding
of the Board's requirements in matters relating to the development
of the site and to the requirements for subsequent submissions.
(2)
Submission of application for site plan approval.
Within six months following the presubmission conference, if held,
10 copies of the site plan and any related information shall be submitted
to the Building Inspector at least 15 days prior to the Board of Trustees
meeting at which the site plan or an amendment to it is to be presented.
If not submitted within this six-month period, another presubmission
conference may be required.
(3)
Certification by Building Inspector. The Building
Inspector shall certify on each site plan or amendment whether or
not the plan meets the requirements of all zoning law provisions other
than those of this section regarding site plan review.
(4)
Hearing and decision. The Board of Trustees shall
fix a time, within 62 calendar days from the date the Board of Trustees
determines by resolution at a duly held meeting that an application
for site plan approval is complete, for a hearing on any matter referred
to under this section, if it deems a public hearing is appropriate,
and shall give public notice thereof by the publication in the official
newspaper of such hearing at least five days prior to the date thereof,
and notice of the public hearing shall also be mailed to the applicant
at least 10 days prior to the hearing, and the Board of Trustees shall
decide the same within 62 days after such hearing has been closed
or after the application is deemed complete, if no hearing has been
held. This sixty-two-day period maybe extended by mutual consent of
the applicant and the Board of Trustees. Failure to act within the
specified time periods shall not result in the approval of the application
by default. The decision of the Board of Trustees shall be filed in
the office of the Village Clerk within five business days after such
decision is rendered and a copy thereof mailed to the applicant. Nothing
herein shall preclude the holding of a public hearing on any such
matter on which a public hearing is not so required.
(5)
Referral to Westchester County Planning Board. Prior
to taking action on the application for site plan approval, the Board
of Trustees shall refer any matter involving any of the areas specified
in § 239-m of the General Municipal Law to the Westchester
County Planning Board, pursuant to the provisions of such section.
(6)
Compliance with SEQRA. Prior to taking action on the
application for site plan approval, the Board of Trustees shall comply
with the provisions of the State Environmental Quality Review Act
(SEQRA) under Article 8 of the Environmental Conservation Law and
its implementing regulations.
(7)
Existing violations. Except where an application is
submitted for the purpose of curing existing violations or will result
in the curing of existing violations, no action shall be taken on
an application for site plan approval for a property where there is
an existing violation of this chapter.
(8)
Appeal. An appeal from the decision of the Board of
Trustees may be taken in accordance with Subdivision 11 of § 7-725-a
of the Village Law.
(9)
Amendments. Review of amendments to an approved site
plan shall be acted upon in the same manner as the review of the original
site plan.
(10)
Performance bond, Following approval of the site plan by the Board of Trustees, the developer shall file with the Village Clerk a performance bond or irrevocable letter of credit as determined by the Board of Trustees to cover the full cost of any required public improvements and roadways, water and sewer facilities, drainage and erosion controls and soil stabilization improvements not intended to be dedicated, in an amount set by the Board of Trustees. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Board of Trustees may determine appropriate, not to exceed three years, within which required public improvements must be completed, shall be set forth in the bond or irrevocable letter of credit. If the bond or irrevocable letter of credit is not filed within 45 days of the approval granted in Subsection F(4) hereof, the site plan shall be deemed disapproved unless the applicant requests and is granted an extension by the Board of Trustees.
(11)
Time limit on approval. Approval of a site plan
by the Board of Trustees shall be valid for a period of 120 days from
the date thereof for the purpose of obtaining a building permit. If
substantial construction is commenced within the one-hundred-twenty-day
period, such approval shall be valid for a period of one year from
the date of approval. Upon application, the Board of Trustees may
extend the period of approval to not more than two years from the
date of original approval.
(12)
Site plan and map. The applicant shall cause
a site plan map to be prepared by an architect, landscape architect,
civil engineer, surveyor, land planner or other competent person at
a scale sufficient in size to permit an adequate review. The site
plan shall include those of the elements listed herein which are appropriate
to the proposed development or use as indicated by the Board of Trustees
in the presubmission conference. This information, in total, shall
constitute the site plan.
(a)
Legal data:
[1]
The name and address of the owner of record.
[2]
The name and address of person, firm or organization
preparing the map.
[3]
The date, North point and written and graphic
scale.
[4]
Sufficient description or information to define
precisely the boundaries of the property. All distances shall be in
feet and tenths of a foot. All angles shall be given to the nearest
10 seconds or closer. The error of closure shall not exceed one in
10,000.
[5]
The locations and the owners of all adjoining
lands as shown on the latest tax records.
[6]
The locations, the names and the existing widths
of adjacent streets and curblines.
[7]
Location, width and purpose of all existing
and proposed easements, setbacks, reservations and areas dedicated
to public use within or adjacent to the property.
[8]
A complete outline of existing deed restrictions
or covenants applying to the property.
[9]
Existing zoning.
(b)
Natural features:
[1]
Existing contours, with intervals of five feet
or less, or as otherwise determined acceptable by the Board of Trustees,
based upon a datum satisfactory to the Board.
[2]
Approximate boundaries of any areas subject
to flooding or stormwater overflows.
[3]
Location of existing watercourses, marshes,
wooded areas, rock outcrops, isolated trees with a diameter of eight
inches or more measured three feet above the base of the trunk, and
any other significant existing natural features.
(c)
Existing structures and utilities:
[1]
The outlines of all structures and the location
of all uses not requiring structures.
[2]
The paved areas, sidewalks and vehicular access
between the site and public streets.
[3]
The locations, dimensions, grades and flow direction
of any existing sewers, culverts and water lines, as well as other
underground and aboveground utilities within and adjacent to the property.
[4]
Other existing development, including fences,
landscaping and screening.
(d)
Proposed development:
[1]
The location of proposed buildings or structural
improvements.
[2]
The location and design of all uses not requiring
structures, such as off-street parking, loading areas and any common
space and/or recreation areas.
[3]
The location, direction, power and time of use
for any proposed outdoor lighting or public-address system.
[4]
The location and plans for any outdoor signs.
[5]
The location, arrangement and materials of proposed
means of ingress and egress, including sidewalks, driveways or other
paved areas. Profiles indicating grading and cross sections showing
width of roadway, the location and width of sidewalks and the location
and size of water and sewer lines. Any proposed direct pedestrian
connection to public parking lots or structures shall also be shown.
[6]
Any proposed screening and other landscaping,
including a planting plan prepared by a qualified landscape architect
or architect.
[7]
The location of all proposed water lines, valves
and hydrants and of all sewer lines or alternate means of water supply
and sewage disposal and treatment.
[8]
An outline of any proposed easements, deed restrictions
or covenants.
[9]
Any contemplated public improvements on or adjoining
the property.
[10]
Any proposed new grades, indicating
clearly how such grades will meet existing grades of adjacent properties
or the street.
[11]
Elevations of all proposed principal
or accessory structures.
[12]
If the site plan only indicates
a first stage, a supplementary plan shall indicate ultimate development.
[13]
Any other information deemed by
the Board of Trustees to be necessary to determine conformity of the
site plan with the spirit and intent of this chapter.
(13)
Public improvements. In the case of all required
public improvements, a professional engineer or licensed architect
is required to submit plans. Installation of such public improvements
shall be under the direct supervision of a registered architect or
licensed engineer.
(14)
A stormwater pollution prevention plan consistent with the requirements of Chapter 288, Stormwater Management, Article I, Erosion and Sedimentation Control, shall be required for any site plan approval that qualifies as a land development activity. The SWPPP shall meet the performance and design criteria and standards in that article. The approved site plan shall be consistent with the provisions of that article.
[Added 4-17-2006 by L.L. No. 2-2006]
G.
Parkland or parkland fees with multifamily site plan
approval.
(1)
Legislative intent. Pursuant to the authority duly
vested in it and upon a finding that a proper case exists in accordance
with the provisions of § 7-725-a of the Village Law, it
is the intention of the Village Board of Trustees to require the provision
of parkland and recreation land in conjunction with development of
multifamily dwellings. The Village of Elmsford finds that multifamily
housing places an added burden on the Village in providing adequate
park and recreation areas to serve the needs of multifamily housing
residents. In the event that it is not practical for a particular
development to provide park and recreation areas, it is in the best
interest of the Village and its residents to require funds to be paid
to the Village exclusively for neighborhood parks, playgrounds or
recreational purposes, including the acquisition of property. Such
funds shall be intended to benefit primarily, but not exclusively,
the residents of the development subject to the fee.
(2)
Recreation areas. Consistent with the requirements of Subsection G(1) hereof and except as provided in Subsection G(3) hereof, each multifamily development shall include a park and/or recreation area ("recreation area") which is planned, designed and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area for a multifamily development shall constitute not less than 10% of the total site area, of which at least 75 square feet of lot area per dwelling unit or not less than 50 square feet per bedroom, whichever is greater, shall be improved with the recreational facilities as determined necessary by the Board of Trustees. The plan for the recreational area shall be subject to Board of Trustees approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units and the anticipated recreational needs of the population to reside therein.
(3)
Fee in lieu of setting aside recreation area. Where
the Board of Trustees determines that a proper case exists for requiring
parkland to be shown on the site plan but that a suitable recreation
area of adequate size for park and recreation purposes and improved
with adequate recreational facilities cannot be properly located in
any such development or is otherwise not practical, the Board may
require, as a condition of approval of any site plan, a payment to
the Village of a fee as set forth by resolution of the Village Board
of Trustees in the Master Fee Schedule, which may be amended from
time to time, or any part thereof in proportion to the amount of required
land and/or facilities not provided, which shall constitute a trust
fund to be used by the Village exclusively for neighborhood park,
playground and recreation purposes, including acquisition of property.
(4)
Waivers. The Village Board of Trustees, in its discretion, after public hearing, may waive the payment of the recreation fee otherwise due under Subsection G(3) herein upon finding that such waiver is necessary and appropriate to establish eligibility of entitlement to federal, state or county governmental grants in connection with, or to otherwise facilitate, a proposed residential development of property meeting the special needs of Village or school district employees, Village volunteer service workers, senior citizens or others for lower-cost housing.
H.
Approval of plats. Plats showing lots, blocks or sites which are subject to review under chapter 293 of thsi Village code shall continue to be subject to such review and shall not be subject to review under this section.
[Amended 4-18-2005 by L.L. No. 1-2005]
I.
Supersession of Village Law. This article shall supersede
any inconsistent provision of Village Law, Article 7, § 7-725-a.
