No building shall hereafter be erected, enlarged
or altered to a height in excess of the maximum height provided therefor
in this article or so that such building, together with any other
buildings, occupies more of the area of a lot than permitted by this
article.
A.
No residential building shall exceed 32 feet in height. No nonresidential building shall exceed the height as may be prescribed by the Planning Board pursuant to Chapter 251, Site Plan Review, of this Code, and in no case shall a story of any building be less than nine feet in height.
[Amended 3-23-1999 by L.L. No. 3-1999; 8-10-2021 by L.L. No. 5-2021]
[1]
Editor's Note: Section 14 of this local law
provided as follows:
"This local law shall not prevent the issuance
of a permit for any new building, building addition or alteration
in compliance with the laws in effect prior to the effective date
hereof for which a complete application was submitted prior to such
date." (This local law became effective April 4, 1991.)
[1]
Editor's Note: Former § 310-26,
Residence B Districts, was repealed 4-8-1997 by L.L. No. 3-1997.
A.
No building shall exceed four stories, and no building
shall exceed 46 feet in height In no case shall a story of any such
building be less than nine feet in height.
B.
The building or buildings on any lot shall occupy
only such portion of the lot as will leave at least one square foot
of open space on such lot for each two square feet of gross floor
area, which shall be deemed to be the sum of the areas of horizontal
sections through each story of all parts of such building or buildings
used for residence purposes, measured from the outside faces of all
exterior walls.
[Amended 2-28-1989 by L.L. No. 4-1989]
In any Business A District, no building shall
exceed four stories, and no building shall exceed 46 feet in height.
[Added 2-28-1989 by L.L. No. 4-1989]
A.
The maximum permitted building height and floor area
ratio (FAR) in any zone within a Village Center Area District shall
be as follows:
(6)
Planned Unit Development - 0.8 to 1.4:
(a)
Maximum building height: four stories and 46 feet. Alternatively, the permitted building height may be increased to allow the highest point on a roof to extend to a height not to exceed a maximum elevation of 218 feet above sea level, provided that an incentive density increase is permitted pursuant to the standards and requirements of Subsection B hereof.
(b)
Maximum FAR: 0.8, limited entirely to residential use. The permitted FAR may be increased up to a maximum of 1.4, no more than 14% of which may be used for nonresidential purposes, subject to the approval of an incentive density increase in accordance with the standards and requirements of Subsection B hereof.
[Amended 5-23-2006 by L.L. No. 3-2006]
(7)
Planned Unit Development - 1.0:
[Amended 12-11-2001 by L.L. No. 15-2001]
(a)
Maximum building height: The highest point of
any roof may extend to a height not to exceed a maximum elevation
of 184 feet above sea level, except that such elevation may be permitted
to be increased to a maximum of 204 feet above sea level for buildings
located to the south of the Popham Road Bridge.
(b)
Maximum FAR: 1.0 for the entire development
site. For development located south of the Popham Road Bridge, no
more than 10% of the FAR shall be permitted to be used for nonresidential
purposes.
B.
Incentive density. It is recognized that the PUD zones established within the Village Center Area are unique because they, encompass the largest sites and the major portion of the areas future development potential. As such, they represent the most significant opportunity for the achievement of the basic public benefit purposes and objectives of the Village Center Area. Therefore, to provide an incentive which will further encourage the most appropriate use and development of those sites in a manner designed to achieve the Village's adopted planning objectives, the Village Board of Trustees may allow, by special permit and following a public hearing held on notice duly given in the same manner as is required by law for zoning amendments, an increased FAR and/or building height or special uses, within the limits as set forth in Subsection A hereof and subject to the provision of specific public benefit features. It may also choose not to allow any such change or increase. Village Board action on such an application shall be taken only after review of the proposed plan by the Planning Board and the submission of a report and recommendation by said Board to the Trustees. Final site plan approval by the Planning Board shall not occur until after the special permit determination by the Village Board. The incentive features, and the guidelines for Village Board action, are as described below:
(1)
The specific public benefit features for which
incentive density increases may be granted in the PUD -- 1.0 to 2.0
Zone are as follows:
(a)
The provision of street improvements and parking
spaces for short-term use beyond that which is required to serve the
specific development proposed and designed to mitigate the problems
of traffic and parking congestion in the Village Center Area.
(b)
The provision of housing units specifically
designed for, and limited in occupancy to, senior citizens, with priority
for Scarsdale residents.
(c)
The provision of special design amenities available
for public use and enjoyment which would enhance the function and/or
appearance of the Village Center Area, including but not limited to
pedestrian linkages, plazas, fountains, artworks, sitting and other
passive recreation areas, special landscape design features and other
such similar improvements; conversely, the removal of existing features
which detract from the function and/or appearance of said area, including
but not limited to overhead utility lines, unattractive structures
and other such features.
(d)
The provision of commercial uses designed specifically
to serve convenience shopping needs, including but not limited to
such establishments as food markets, bakeries, butcher shops, pharmacies,
dry cleaners, card shops, variety goods stores, hardware stores, beauty
salons, barbershops, shoe repair shops and other businesses of a similar
nature as determined by the Village Board.
(2)
Due to the significant shortage of short-term
parking in the PUD -- 0.8 to 1.4 portion of the Village Center Area,
any density incentive increase granted within that zone shall be only
for the provision of publicly available short-term parking spaces.
(3)
In determining the specific amount of density
incentive increase that may be granted, if any, the Village Board,
in each case, shall take into consideration the following:
(a)
The number, extent and combination of incentive
features to be provided.
(b)
The need for such specific features in the Village
at that time.
(c)
The degree of compatibility of such incentive
features with the neighborhood in which they are located, taking into
consideration the potential effects of noise, traffic, fumes, vibrations
or other such characteristics on surrounding streets and properties,
the visual impact of the resultant density increase and/or incentive
feature applied for and the impact of the proposed development upon
access to light, air and vistas known to be important to the community.
(d)
The consistency of such incentive features with
the Village's comprehensive planning and capital improvement program
objectives as set forth in this chapter and in related studies and
plans prepared for the Village or as otherwise promulgated and declared
by the Village Board of Trustees.
(e)
The quality of design of the proposed development as determined by the Planning Board in accordance with its review under § 310-12C hereof.
(f)
The amount of incentive density increase necessary
to more than offset the cost of providing the incentive feature(s),
thereby creating the incentive for providing such feature(s).
(4)
No incentive density increase will be granted
for the construction of any improvement which, in the Village Board's
opinion, would otherwise be required by this chapter or other applicable
regulation.
(5)
To assist the Village Board in determining the
appropriate amount of density increase, if any, to grant as an incentive
for the applicant's provision of the proposed public benefit feature(s),
the applicant shall submit an estimate of the cost of providing the
proposed feature(s) and the value of the density increase requested.
The Village Board may also engage its own independent experts to either
separately prepare such analyses or to review those prepared by the
applicant. The reasonable cost of such expert assistance shall be
reimbursed to the Village by the applicant.
(6)
In determining the specific amount of density
increase to be granted, if any, the following additional factors,
specific to certain benefit features to be provided, will guide the
Village Board:
(a)
Short-term parking. All off-street parking spaces
proposed as an incentive feature shall be designed to serve short-term
needs, shall be available for public use and shall be permanently
restricted by covenant, deed restriction or other appropriate legal
device, so as to assure their continued use for the purpose for which
they were originally designed, intended and approved. In addition,
the Village Board will take into consideration the following specific
factors related to the design of the applicant's proposal:
[1]
The safety and convenience of vehicular access.
[2]
The distance, ease and safety of pedestrian
access to businesses in neighboring VCR Zones.
[3]
The type of parking spaces proposed, i.e., self-park
or valet.
[4]
The proposed hours of availability of the parking
spaces for public use.
[5]
The attractiveness of the proposed parking space/facility
design, including lighting, landscaping, signage, drainage and other
such similar features.
[6]
Plans for the mitigation of any potential visual
impact of the incentive parking spaces and the facility in which they
are to be located, preferably by construction of such facilities below
grade wherever practicable and functionally appropriate.
[7]
The fee, if any, proposed to be charged for
the use of such parking spaces.
[8]
The provisions for the future ownership, management,
maintenance and security of such parking spaces.
(b)
Senior citizen housing.
[1]
For the purposes of this section, a "senior
citizen household" shall be defined as a household in which at least
one resident member has attained the age of 65 years or more on the
date that such household initially occupies the dwelling unit.
[2]
The following additional factors will also be
taken into consideration by the Village Board in connection with the
grant of any density incentive increase for the provision of senior
citizen housing:
[a]
The variety of size and design
of the proposed senior citizen units.
[b]
The nature and extent of special
features provided for senior citizen use both within the individual
units and in the development as a whole.
[c]
The location of the proposed senior
citizen units within the overall development and in relation to their
ease of access to neighboring convenience shopping and personal service
establishments.
[d]
The effectiveness and fairness
of the proposed priority arrangement for Scarsdale residents and the
consistency of the proposed pricing of the senior citizen units with
the special nature and restrictions applicable to such units and the
needs of the Scarsdale senior citizen market which they are intended
to serve.
(c)
Design amenities. In determining the amount
of density increase, if any, to be granted as an incentive for the
provision of special design amenities, the Village Board will take
into consideration, in addition to all other factors, the degree to
which the design of such amenities invites and encourages their public
use and enjoyment.
(d)
Convenience commercial uses. In determining
the amount of density increase, if any, to be granted as an incentive
for the provision of commercial uses designed to serve convenience
shopping needs, the Village Board will take into consideration the
categories of use to which the floor space is to be restricted, the
permanency of those restrictions, the location of the proposed restricted
floor space and other such similar factors related to the achievement
of the Village's policy objectives.
(7)
In addition to the foregoing guidelines, the
Village Board may take into account other considerations bearing upon
the purposes and objectives of this subsection in determining the
amount of any density increase.
In all districts, no accessory building shall
exceed two stories in height or, in any case, exceed the height of
the principal building. Accessory buildings, including private garages,
may occupy in the aggregate not over 15% in any Residence C District
of the area of the lot.
[1]
Editor's Note: Section 14 of this local law
provided as follows:
"This local law shall not prevent the issuance
of a permit for any new building, building addition or alteration
in compliance with the laws in effect prior to the effective date
hereof for which a complete application was submitted prior to such
date." (This local law became effective April 4, 1991.)
In all districts, the provisions of this chapter
with regard to height shall not apply to spires on churches nor to
cupolas, belfries, chimneys, flagpoles or water towers, nor shall
these provisions apply to bulkheads, hose towers, elevator enclosures,
water tanks or scenery lofts which occupy an aggregate area of not
over 25% of the ground area of the building.
In any business or Residence C District, no
multifamily dwelling or group of dwellings hereafter erected or enlarged
shall be designed or used to accommodate more than one family for
each 2,000 square feet of the area of the property occupied or designed
to be occupied by the building or buildings in which such dwelling
units are provided, including such yards or open spaces as are arranged
or designed to be used exclusively in connection with such buildings.
[1]
Editor's Note: Former § 310-33,
Multifamily dwellings in Residence B Districts, was repealed 4-8-1997
by L.L. No. 3-1997.
