Village of Larchmont, NY Special Permit Use and Dimensional Regulations

The Board shall not act upon any application for a special permit unless notice of the hearing on such application, similar in content to that required to be published in the newspaper, shall be mailed by regular mail, at least 10 days prior to the date of such hearing, to the record owners of neighboring properties within 250 feet of the subject property.

For the purpose of this section, the term "record owner(s)" shall mean the person(s) shown on the record of the tax office of the Village of Larchmont on the date the notice is mailed as being the owner(s) of the property.

In the event there is substantial compliance with this section, the failure of any property owner to receive the required notice shall not invalidate any action taken by the Board in connection with the application to which the required notice refers.

§ 381-49 Special permit submission requirements and decisions.

[Amended 11-21-2016 by L.L. No. 7-2016; 3-13-2023 by L.L. No. 4-2023; 6-19-2023 by L.L. No. 7-2023]

Submission requirements.

All uses requiring issuance of a special permit from the Zoning Board of Appeals, Planning Board, or Board of Trustees shall be referred for a presubmission site plan review conference pursuant to Article VIIIA of this chapter, which conference shall be held prior to the Zoning Board of Appeals, Planning Board, or Board of Trustees, as applicable, taking final action on the application for a special permit. Comments and recommendations resulting from the conference shall be forwarded to the Zoning Board of Appeals, Planning Board, or Board of Trustees, as applicable, promptly after completion of such presubmission site plan review conference, and the Zoning Board of Appeals, Planning Board, or Board of Trustees, as applicable, shall not take final action with respect to said application until it shall receive such comments and recommendations.

All applications for a special permit made to the Zoning Board of Appeals, Planning Board, or Board of Trustees, as applicable, shall be in writing, on forms prescribed by the Board, and each application shall fully set forth the circumstances of the case, refer to the specific provision of the law involved and shall exactly set forth the use for which the special permit is sought. In addition, the Zoning Board of Appeals, Planning Board, or Board of Trustees, as applicable, at its discretion, may reasonably require further information in the form of plans, text, measurements or photographs to aid in deliberations. All review boards may retain consultants to assist them in the review of the special permit application at the cost of the applicant.

Decisions. Every decision of the Zoning Board of Appeals, Planning Board, or Board of Trustees shall be recorded on forms adopted by the applicable Board and shall fully set forth the circumstances of the case and the findings on which the decision is based. Every decision of the Board shall be by resolution, and each such resolution shall be filed in the office of the Village Clerk, by case number, under the heading of special permits. The Zoning Board and Board of Trustees shall notify the Planning Board and the Building Official of its decision in each case. The Zoning Board of Appeals and Planning Board shall include in their report to the Board of Trustees periodically, at least annually, the special use permits upon which they have acted.

§ 381-50 General standards for approval of a special permit.

In addition to the standard required for approval of specific uses permitted by special permit, set forth in §§ 381-51 and 381-55 below, all applications for a special use permit shall also meet the following general standards.

Each special permit use shall be of such location, size and character that, in general, it will be in harmony with the orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.

In residence districts, each special permit use and building shall be a sufficient distance from adjacent land and buildings so as not to impair the use, enjoyment and value thereof, and the nature and intensity of such special permit use and traffic involved in such use shall not be hazardous or create traffic or other hazards or be incongruous or detrimental to the predominant residential and prevailing character of the surrounding neighborhood.

In commercial districts, the nature, location, size and intensity of each special permit use shall be harmonious with the commercial district in which it is situated, shall not create pedestrian or vehicular traffic hazards and shall not include any display of signs or emit noise, fumes or permit the flashing of lights to a degree that will hinder normal development or impair the value of adjacent land and buildings.

§ 381-51 Specific requirements for principal uses permitted by special permit.

Specific requirements are hereby established for certain principal uses permitted by special permit. Special use permits shall only be approved if the applicant can demonstrate compliance with the general standards set forth in § 381-50 (above) and the standards set forth herein.

Play school or nursery school.

Such use and buildings shall comply with all requirements imposed by statute, ordinance, local law, governmental rule and regulation applicable to such use and buildings.

Hours of such use shall be limited to between 9:00 a.m. and 5:00 p.m., Monday through Friday, inclusive.

Children attending shall be restricted to those between three and six years of age, inclusive.

Adequate supervision by competent adults shall be provided.

Total enrollment of children at any time shall not exceed 15 in number.

Space employed for such use shall be limited to the first floor (see first story) of any such building, which area shall be provided with the required number of exits in accordance with the state fire code.

The Zoning Board of Appeals, in considering an application for a special permit pursuant to this subsection, shall place primary emphasis upon the expressed desires of the surrounding property owners, and the expressions made shall be weighted proportionately to their proximity to the applicant.

The person or persons owning or operating said school shall be resident on the premises.

The duration of any special permit granted under this subsection shall be two years and may be renewed by application to the Zoning Board of Appeals after a public hearing thereon and only by approval of the application by the Zoning Board of Appeals.

Townhouses in the R-7.5 One-Family and Townhouse Residence District.

Subject to the issuance of a special permit by the Board of Trustees, townhouse developments at a density of not more than seven townhouse units per acre shall be permitted in the R-7.5 One-Family and Townhouse Residence District, provided that:

No such use shall be permitted on any parcel of land having a total available site area of less than six contiguous acres.

No more than seven townhouse units per building shall be permitted.

No more than two bedrooms shall be permitted in each townhouse unit. Any habitable room or loft designed or used primarily for sleeping purposes shall be considered a bedroom.

All sides of the development abutting residential property shall be landscaped and heavily planted for screening and conservation purposes for a depth of not less than 25 feet from all residential property lines, and such 25 foot areas shall not be used for any other purpose whatsoever. Such twenty-five-foot areas shall be maintained in such improved state by the property owners' association.

No structure not shown on the site plan shall be permitted.

No outside storage shall be permitted.

All applications for special permits shall be referred by the Board of Trustees to the Planning Board and shall be accompanied by a proposed site plan showing all structures, streets, parking areas, waterlines, utilities, sewers, water hydrants, drainage facilities, open space areas, recreation facilities, building heights, elevations and other details as deemed necessary by the Planning Board. An environmental impact statement shall also be prepared by and furnished by the applicant. The extent and scope of such impact statement shall be determined by the lead agency.

The Planning Board shall review the site plan, which site plan shall comply with all applicable conditions herein established and set forth in the Schedule of Dimensional Regulations (included at the end of this chapter, with respect to townhouse dwellings in R-7.5 Districts).

The Planning Board may attach additional conditions as deemed necessary to protect the environment and to ensure proper development of the site and the protection and safety of adjacent areas.

Before the Planning Board shall submit its recommendations to the Board of Trustees with respect to the issuance of a special permit, it shall take the following into consideration:

Exterior lighting that would create a nuisance to adjoining residential properties;

Air conditioning, heating units, compressors and other devices, fixed and portable, operated in such a manner as to minimize the noise which may be heard off the site and to conform to the Village's noise regulations;

Furnishing and maintenance of landscaping, plantings and fencing;

The design of the townhouse units, which shall be subject to review by the Architectural Board of Review;

Underground location of all utility lines, including telephone wires;

Developed active recreation facilities as accessory uses for the benefit and enjoyment of the residents of such townhouse development. Such developed active recreation facilities, if provided, shall not occupy more than 10% of the total site area; and

Property owners' association:

The formation and incorporation of a property owners' association shall be required prior to the issuance of the first building permit.

All parts of the development not individually owned shall be maintained by the property owners' association.

Covenants for mandatory membership in the property owners' association, setting forth the owners' rights, interests, privileges, liabilities and obligations in said association with respect to common land areas, are subject to the approval of the Planning Board prior to the recommendation of the issuance of the special permit by the Board of Trustees and shall be included in the deed for each individual unit.

Real estate taxes shall be assessed against individual owners for the portion of the development they own and pro rata for the common land areas and facilities of the development not owned by the individual owners.

The property owners' association shall be empowered to levy annual charges against all property owners to defray the expenses connected with the maintenance of all common land, areas and facilities within the townhouse development. In the event that the maintenance of such common land, areas and facilities ceases to be in compliance with any of the provisions as herein established or any other requirements specified by the Planning Board and/or the Zoning Board of Appeals or any other applicable law of the Village, the Village shall have the right to take all necessary action to assure compliance and to enforce public safety and to assess against the association and/or each individual property owner within the development all costs incurred by the Village for such purposes.

The Planning Board, following a public hearing, shall submit its recommendations to the Board of Trustees concerning the issuance of a special permit for such townhouse development, provided that it finds that the location, size and character of the development will be in harmony with the orderly development and character of the district in which such development is situated and will not be detrimental to the orderly development and character of adjacent districts.

Upon receipt of the recommendations of the Planning Board, the Board of Trustees may revise the recommendations of the Planning Board and may attach additional or different conditions. The Board of Trustees shall then hold a public hearing prior to the issuance of a special permit. The Zoning Board of Appeals shall also retain jurisdiction to hear any application for variances of any of the conditions of a special permit issued hereunder.

The Zoning Board of Appeals shall notify the Building Inspector in writing of its approval of such site plan and the conditions attached thereto.

Detailed construction drawings shall be submitted by the applicant for approval. Prior to the issuance of a building permit, the Village Engineer shall certify that such drawings conform to all applicable requirements of § 381-69-K of the regulations for the approval of subdivision plats in the Village of Larchmont, except as waived by the Planning Board and the Board of Trustees.

[Amended 11-21-2016 by L.L. No. 7-2016]

Professional office buildings in MF Multifamily District. An office building for occupancy as offices by architects, dentists, engineers, physicians, lawyers and other uses similar in character thereto may be approved by special permit, provided that the following requirements are met:

Occupancy as offices by veterinarians or occupancies involving the use of machinery and/or other incidental equipment that would tend to create noise, vibration, electronic interference to television or radio sets or any other electronic equipment, or any other nuisance detrimental to the neighborhood or to any neighbor is prohibited;

The required front, rear and side yards shall not be less than those required for multifamily dwellings in such MF Multifamily Residence District, and the percentage of lot occupied and height of buildings shall not exceed those permitted for multifamily dwellings in such MF Multifamily Residence District. However, the Zoning Board of Appeals may direct that such yard dimensions be greater than the minimum prescribed above and/or that such percentage of lot occupied and/or height of building be less than that prescribed above for the purpose of providing adequate light and air to adjoining premises;

Off-street parking shall be provided, as determined by the Zoning Board of Appeals, considering the occupancy of the building, and shall be subject to screening and landscaping. The location of entrances and exits to such parking space shall conform to the requirements of the schedule applying to MF Multifamily Residence Districts;

No parts of such building shall be used for residence purposes, and no recreational space shall be required, but all other requirements of the MF Multifamily Residence District shall apply, except as herein modified; and

In appearance, said building shall meet the requirements of a multifamily structure with respect to signs, landscaping and in such additional respects as the Zoning Board of Appeals shall deem desirable to preserve the character and appearance of the neighborhood.

Enlargement of clubhouses in the W Waterfront Coastal Zone District. The enlargement of existing clubhouses and accessory structures, whether by addition of new footage facilities or accessory buildings, shall comply with the following requirements:

The requirements of the Schedule of Dimensional Regulations (included at the end of this chapter) shall be fully satisfied.

To the extent that such enlargement would resulting in an increase in club membership, additional off-street parking spaces to the extent of at least one parking unit for each three family or individual memberships in such club accommodated by such expansion shall be provided. To the extent that the Zoning Board of Appeals deems advisable, such parking area shall be screened from any adjoining residential properties and from any street by a planted and landscaped strip, such landscaping to be consistent with the goal of maintaining views to and from the water. To the extent practicable, and notwithstanding any other provision of this chapter to the contrary, the Zoning Board of Appeals shall require the surface of any additional parking area to be pervious.

The design, surfacing, drainage, entrances, exits, access and turning areas and landscaped strip for any such parking area shall not be approved by the Zoning Board of Appeals except on recommendation of the Village Engineer or Building Inspector.

No such enlargement of use shall be permitted unless such off-street parking area shall be of such size as to accommodate the increase in the normal weekend maximum-hour parking load created by such enlargement, the intent of this provision being to prevent overflow parking on nearby residential streets.

No such enlargement or series of enlargements shall, in the aggregate, exceed 25% of the combined cubage of the principal and accessory structures on such property on January 1, 1969.

One-family dwellings on properties known on the Larchmont Tax Assessment Map as "Yacht Club," "Shore Club" and "Manor Park."

The following procedures, standards and criteria shall be met:

A special permit application shall be filed with the Board of Trustees. A site plan containing the information required by Article VIIIA, Site Plan Approval, of this chapter shall be part of the special permit application. The Board of Trustees shall refer the application to the Planning Board for a recommendation.

[Amended 11-21-2016 by L.L. No. 7-2016]

The Planning Board shall review the application, which shall comply with all applicable conditions herein established and set forth in the Schedule of Dimensional Regulations, as amended (included at the end of this chapter), with respect to single-family homes in the W Waterfront Coastal Zone District, as well as the following:

No structure shall be located within 100 feet of the water's edge;

No more than 12% of any lot shall be covered by principal structures and no more than 5% by other paved or impermeable surfaces;

The Planning Board may review a subdivision application simultaneously with such special permit application. In so doing, in accordance with the authority granted under § 7-738 of the Village Law, the Planning Board may authorize lot sizes to be reduced to no less than 30,000 square feet, upon finding that:

[a]

The number of lots created will not exceed the number of lots that could be created if the land were subdivided into fifty-thousand-square-foot lots complying with the requirements of the W Waterfront Coastal Zone District; and

[b]

The proposed subdivision will preserve common lands and the natural land scenic qualities of the site to a greater extent than otherwise would be the case;

The Planning Board may recommend that the Board of Trustees attach additional conditions as deemed necessary to protect the environment and to ensure proper development of the site and the protection and safety of the adjacent areas; and

To the extent that the provisions of this section conflict with provisions of the Schedule of Dimensional Regulations (included at the end of this chapter), the provisions of this section shall control.

Before the Planning Board shall submit its recommendations to the Board of Trustees with respect to the issuance of a special permit, it shall take into consideration the policies of the Village's approved Local Waterfront Revitalization Program (LWRP) as well as the following:

Exterior lighting shall be designed so as to minimize spillage to adjoining residential properties;

The development and its landscaping, plantings and fencing shall be designed to maximize views to the water from the nearest public street and to preserve, to the extent practicable, the quality of land views from the public waterways;

The location and materials of proposed landscaping, plantings and fencing shall be sensitive to drainage characteristics of the property and protection of the waterfront environment;

All utility lines, including telephone wires, shall be located underground;

The Planning Board shall review and pass upon the nature of recreation facilities as accessory uses, if any, for the benefit and enjoyment of the residents of such development; and

[6]

The proposed regulations governing the property owners' association, if any, shall be reviewed based on the advice of the Village Attorney.

Should a proposal be submitted for the subdivision of a parcel(s) known on the Village Tax Assessment Map as "Yacht Club" and "Shore Club," providing for a portion of the property to be developed residentially and a portion to continue to be used for club purposes:

A site plan shall be submitted for the whole parcel, showing both the proposed residential development and the club facilities that shall remain or be changed;

No such reduction in the size of the previously existing club lot shall be permitted unless the Planning Board, subject to review by the Board of Trustees, finds that:

[a]

The reduction in the size of the club property shall not impose an increased parking burden on surrounding streets;

[b]

The reduction in the size of the club property shall not result in significant increased noise, glare or similar impacts on surrounding properties; and

[c]

The reduction in the size of the club lot shall not result in changes in vehicular traffic patterns that will hamper access by fire-fighting or other emergency vehicles or which will significantly increase vehicular congestion on the site or on adjacent streets.

Following a public hearing, the Planning Board shall submit its recommendations to the Board of Trustees concerning the issuance of a special permit for such development. The Planning Board shall not recommend the approval of any such proposed development unless it finds that the location, size and character of the land development will be in harmony with the orderly development and character of the district in which such development is situated and will not be unreasonably detrimental to the orderly development and character of adjacent properties;

Upon receipt of the recommendations of the Planning Board, the Board of Trustees may accept, reject or revise the recommendations of the Planning Board and may attach additional or different conditions from those recommended by the Planning Board. The Board of Trustees shall then hold a public hearing prior to the issuance of the special permit. The Board of Trustees shall retain jurisdiction to hear any application for modification of a special permit issued hereunder; and

The Building Inspector shall be notified, in writing, by the Board of Trustees of approval of such special permit and site plan and the conditions attached thereto.

(Reserved)

Showrooms. Showrooms (including those for automobiles or other motor vehicles) and/or distributors outlets where products are sold at retail and storage is incidental to such distribution and no fabrication, manufacturing, finishing or assembly takes place on the premises.

Retail laundry and dry cleaning establishments.

No wholesale business shall be conducted on or in connection with said premises, and said premises shall not abut residential property.

Self-service coin-operated laundry or dry-cleaning machine establishments may be permitted under the same limitations as set forth in the RB and RC Districts for retail establishments, respectively.

Takeout food establishments in RB District and takeout food or retail food establishments in RC District.

Procedural requirements.

An application for a takeout food establishment in the RB District and a takeout food establishment or retail food establishment in the RC District shall be referred by the Building Inspector simultaneously to the Zoning Board of Appeals for special permit review and to the Architectural Review Board for review and recommendation to the Zoning Board of Appeals.

The applicant shall submit:

Facade plans that show exterior treatment and signage designs for the proposed use;

Photographs of existing facades of the subject building and abutting buildings;

Floor plans that clearly illustrate the proposed location of counters, tables and interior facilities, signs and equipment that would be visible from the street and sidewalk, and show proposed interior lighting that can be seen through windows facing the abutting street and sidewalk; and

A narrative description of the proposed use.

The Architectural Review Board shall complete its review of the proposed use and report to the Zoning Board of Appeals within 30 days of receipt by the Building Inspector of materials set forth in Subsection I(1)(b) above. The Zoning Board of Appeals shall hold a public hearing on the application following receipt of the report from the Architectural Review Board.

Architectural Review Board considerations. The Architectural Review Board shall evaluate the design components of the proposed use, taking into account, among other things, the building design guidelines set forth in § 381-43, and shall advise the Zoning Board of Appeals as follows:

Whether the proposed storefront design, wall signs, window signs and lighting will properly complement the architectural design of the subject building;

Whether they will result in an overly bright, busy, garish or otherwise unattractive appearance; and

Whether the use will tend to dominate the streetscape in the vicinity of the subject site.

Criteria for action by the Zoning Board of Appeals on special permit applications for takeout food establishments in the RB District and RC District and retail food establishments in the RC District.

General criteria. The applicant shall demonstrate to the Zoning Board of Appeals that the proposed use will meet the general criteria for the granting of special permits set forth in Article X of this chapter.

Design criteria. The applicant shall demonstrate the following to the Zoning Board of Appeals:

That the proposed use meets the building design guidelines criteria set forth in this chapter;

The proposed storefront design, wall signs, window signs and lighting will properly complement the architectural design of the building;

That the proposed use will not result in an overly bright, busy, garish or otherwise unattractive appearance; and

That the proposed use will not tend to dominate and will properly enhance the streetscape in the vicinity of the subject site.

Parking and traffic criteria. The Zoning Board of Appeals shall make certain that adequate on-street parking is available to serve the proposed takeout food establishment or the retail food establishment, particularly during peak periods. The Zoning Board of Appeals may require the applicant to submit a parking survey that documents existing parking conditions at various specified times of the day and the effects of additional parking likely to be needed for the proposed use. Said parking survey shall consider the availability of curbside parking that serves the one-stop pickup needs that often characterize a takeout business.

Additional criteria to be applied to takeout food establishments:

In order to avoid hazards at heavily trafficked areas, including the intersections of Boston Post Road and Larchmont Avenue; Boston Post Road and Chatsworth Avenue; Palmer Avenue and Larchmont Avenue; and Palmer Avenue and Chatsworth Avenue, no takeout food establishment in the RB or RC Districts, and no retail food establishment with takeout counters in the RC District, shall be located within 100 feet of these intersections, unless the applicant demonstrates to the Board that the nature of the use and/or the availability of on-street and off-street parking is such that the short-term parking needs that are often generated by a takeout business can be satisfied without causing traffic hazards and/or significant additional congestion at such locations.

In order to reduce traffic and parking congestion, takeout food establishments with takeout counters should not be located next to other uses with similar characteristics, unless it is demonstrated to the satisfaction of the Zoning Board of Appeals that adequate parking is available to serve more than one such use in a given location.

When reviewing the application, the Zoning Board of Appeals shall consider the proximity of takeout establishments in the RB and RC Districts and retail food establishments with takeout counters in the RC District to each other and to nearby residential properties and consider traffic, noise, cooking odors and other conditions that could adversely affect adjacent land and buildings, including the ground floor (see "ground story") use of apartment buildings.

In order to reduce odor problems, the Zoning Board of Appeals shall consider the location of exhaust fans and the provision of features such as exhaust system filters, grease extractors and other devices to mitigate odors. Properly maintained trash disposal facilities that minimize adverse impacts on nearby residential properties shall be provided.

If a proposed takeout counter, refrigerator, oven, vending machine, sign or other equipment in a takeout establishment is located so that it is visible from the abutting street and sidewalk, the Zoning Board of Appeals may require additional mitigation measures to ensure that the proposed use properly blends into the streetscape, addressing design components such as location of counters or equipment, window treatment, sign design and illumination.

Automobile and boat sales. Automobile dealers, boat dealers and automobile parts and supply stores shall be permitted by special permit subject to the following requirements as well as to the provisions of the Sign Law[1] and architectural review regulations:

All sales, repairs, servicing and cleaning of vehicles shall take place within a fully enclosed structure. Vehicular entrances to structures shall not be permitted in building walls which are at an angle of less than 60° to a public street;

Access drives, internal circulation patterns and loading areas shall be designed so that all internal related traffic maneuvers take place on site. Queuing or parking of automobiles or trucks in residence districts or in a manner that obstructs or disrupts traffic flow on any street is prohibited;

No vehicles shall be parked within five feet of any property line, and any vehicles parked on a building roof or other elevated structure shall be concealed by an opaque wall or screen from all sides, except for the width of any required access ramp;

All vehicles for sale, lease or rent shall be stored in a fully enclosed structure;

Banners, pennants, streamers, balloons, spinners or similar moving, fluttering or rotating devices are prohibited anywhere on or above the property;

All external lighting shall be shielded from adjacent residence districts, and no such light shall be placed more than 15 feet above finished grade. No flashing, blinking, intermittent or revolving lights or searchlights shall be permitted;

Emissions from auto exhaust or equipment operation shall be retained or processed so that they are not transmitted beyond the site; and

All oil, solvents and other chemicals shall be stored and retained in containers designed for the purpose and disposed in a manner to prevent any such materials from entering the municipal sewage disposal system, stormwater drainage system and/or natural drainageways.

Editor's Note: See Ch. 357, Signs, Advertisements and Public Displays.

Gasoline service stations. Gasoline service stations, not including car washes or automotive repair services, shall be permitted by special permit, subject to the following:

All gasoline and other fuel pumps shall be 20 feet or more from any street curb;

All fuel tanks shall be underground;

Not more than 12,000 gallons of motor fuel shall be stored at any time, and motor fuel storage must comply with all design standards established therefor by the Village Engineer and federal design standards;

The facility shall be designed by a licensed professional architect or engineer using current standards in practice in the industry and include a fire-suppression system and a leak-detection and alarm system approved by the Building Department and Fire Department of the Village of Larchmont;

No vehicle, other than those used in the operation of the facility, shall be kept on the premises for a period longer than 30 days; and

No commercial vehicles shall be parked on the premises adjacent to residential property.

Pet sales establishments in the RB District. Establishments for the sale of birds, fish, reptiles and domestic animals shall be within a fully-enclosed structure.

[Amended 8-16-2021 by L.L. No. 9-2021]

Freestanding fast-food restaurants.

Such establishments shall only be located on U.S. Route 1.

Procedural requirements:

An application for a freestanding fast-food restaurant shall be referred by the Building Inspector simultaneously to both the Planning Board and the Architectural Review Board for review and recommendation to the Zoning Board of Appeals.

The applicant shall submit a set of plans that includes:

Building location, parking areas, trash disposal areas, utilities, fencing, lighting, landscaping, signage, and surrounding buildings and roadways;

Proposed building design treatment, including elevations and signage;

Photographs of existing buildings on abutting sites and on the subject site;

Stormwater drainage control plan; and

Proposed operating procedures or plans for the establishment, including among other things numbers of employees, hours of operation, loading and garbage removal, site cleaning and inspection, and snow removal.

The Planning Board and Architectural Review Board shall complete their respective reviews and report to the Zoning Board of Appeals within 60 days of receipt by the Building Inspector of materials set forth in Subsection M(2)(b) above. Said Boards may, if they choose, seek input from the Village Parks and Trees Committee regarding the landscaping. The Zoning Board of Appeals shall hold a public hearing on the application following receipt of reports from the Planning Board and Architectural Review Board.

Architectural Review Board and Planning Board Considerations. The Architectural Review Board shall assess the proposed plan and advise the Board of Appeals on its visual impacts on the immediate area in terms of building design, signage, lighting, landscaping and screening. The Planning Board shall assess the proposed plan and advise the Zoning Board of Appeals on its effects on:

Abutting residential neighborhoods;

The provision of safe and adequate site access and circulation; and

Its general impacts on the orderly development of the RB District.

Criteria for action by the Zoning Board of Appeals. The applicant shall demonstrate to the Zoning Board of Appeals that the proposed use will meet the general criteria for the granting of special permits set forth in Article X of this chapter. In addition, the Zoning Board of Appeals shall ensure that the following additional criteria are met:

The freestanding fast-food restaurant shall not be located within 1,000 feet of any lot containing another freestanding fast-food restaurant.

Minimum lot area: 30,000 square feet.

Minimum width of required landscape area:

Along roadways: 20 feet.

Along one-family residence district zoning district boundary lines: 20 feet.

Along other property lines: 10 feet.

Minimum off-street parking: one space for each 60 square feet of gross floor area, but not less than 20 parking spaces provided.

Minimum distance from enclosed and properly maintained trash disposal area to residence district zoning line: 20 feet.

Public amenity supplemented mixed-use development. A mixed-use building(s) supplemented by public amenity improvements including in kind and fee in lieu contributions, may be permitted by special permit to be granted by the Village Board in its sole discretion, provided that, at a minimum, the following requirements are met:

[Added 2-25-2020 by L.L. No. 1-2020]

A public amenity supplemented mixed-use development shall be located within the RC - Retail Center zoning district.

The proposed public amenity supplemented mixed-use development shall be designed, occupied and utilized in a manner that results in a substantial enhancement to the Village's business district, as determined by the Village Board.

The site shall be located to the east side of Palmer Avenue and west of Vanderburgh Avenue, with frontage on Chatsworth Avenue.

The site shall be a minimum of 10,000 square feet in area.

A minimum of 50% of the first floor's gross floor area (exclusive of off-street parking) shall be occupied by retail, restaurant, theater, food establishment or group fitness class uses. A minimum of 70% of a Chatsworth Avenue building's street level frontage shall be occupied by the above stated nonresidential uses. No first floor (street level) residential dwelling units are permitted to front on the Chatsworth Avenue street frontage, and if provided on the first floor of the building, must be located so as to not face the Chatsworth Avenue street frontage. The only residential component permitted to front on the Chatsworth Avenue street level street frontage is a lobby entrance.

To be eligible for the special permit, an applicant shall provide, in addition to other public enhancements, (and in addition to the off-street parking required for the building) a public amenity of municipal parking. The requirement to provide an enhancement to municipal parking and other public amenities can be satisfied by an in kind contribution or fee in lieu to be set by the Village Board during the special permit process, commensurate with the zoning density benefits that are achieved.

If there is municipal parking adjacent to the applicant's property which does not have adequate pedestrian access to Chatsworth Avenue, one public amenity shall be an improved accessway of a width and design to be determined by the Village Board and Planning Board in the special permit/site plan process which shall include it being designed to meet, at a minimum, ADA requirements, provided through the applicant's property to Chatsworth Avenue, to be dedicated for public use. Appropriate easements or other property rights shall be granted and/or exchanged to facilitate this requirement.

The applicant may be required to provide to the Village other public amenities, such as infrastructure improvements, as the Village Board deems commensurate with the zoning density benefits that are achieved by the applicant.

If the Village Board determines that public amenities being provided sufficiently exceed those the Village Board would otherwise deem adequate pursuant to Subsection N(6), (7), and (8) above, the Village Board may, in its sole discretion, permit an additional partial story to be constructed. Provided, however, such partial story, if permitted, must be set back by at least 25% of the depth of the building from the Chatsworth Avenue facade of the story below it, and can be no more than 60% of the square footage of the story below it and it shall be no more than 13 feet in height. Among the considerations/determinations to be made by the Village Board shall be that such partial story, if permitted, will not result in a significant adverse visual impact.

(10)

Off-street parking shall be provided in accordance with § 381-64, except that the requirement for multi family dwellings shall be 1.25 per unit.

(11)

Awnings and canopies shall be of such height, width and design as may be determined by the Village Board in its sole discretion.

(12)

A public amenity supplemented mixed-use development shall, at a minimum, comply with the following design guidelines. For good cause shown, the Village Board may grant a waiver of these guidelines upon consultation with the Planning Board.

To maintain a unified streetscape, a minimum of 85% of the building's street facade shall be located on or within three feet of the front property line.

Ground level nonresidential spaces that face Chatsworth Avenue shall have clear glass on at least 60% of their facades between three and eight feet above grade.

A continuous sidewalk shall be maintained along the building's Chatsworth Avenue frontage. No more than 5% of the sidewalk's length shall be crossed by features such as driveways, alleys or service bay openings.

No overhead utility wires shall be permitted along the building's principal street frontage.

Street trees, lighting and other streetscape features shall be provided along the street frontage consistent with the existing streetscape.

The development shall include secure enclosed bicycle storage for residents and commercial tenant employees. Additionally, a public bike rack, accommodating a minimum of five bikes, shall be provided for visitors and customers, and located as required by the Village Board.

A public amenity supported mixed-use building shall make a tangible effort to reduce its carbon footprint through employing green building measures such as those advocated by the US Green Building Council or the Green Building Institute. The building shall be built to LEED Certification standards and shall include measures such as

Utilizing ENERGY STAR^®, water sense, green seal or other similarly endorsed mechanical equipment and appliances.

Utilizing sustainable building materials with a high percentage of recycled content.

Utilizing construction materials with low levels of volatile organic compounds.

Utilizing energy efficient windows and doors.

Utilizing insulation with high R-values.

[6]

Utilizing a green or low reflectivity roof.

[7]

Providing electric vehicle charging stations.

(h)

The building shall be composed of high quality, durable building materials that reflect the character of the Village, and relate harmoniously to adjacent properties.

(i)

Such other design features the Village Board may require.

(13)

The granting of the special permit will not result in development which will substantially over-burden Village infrastructure (e.g. storm sewer, sanitary sewer, water supply systems) nor substantially exacerbate already overburdened infrastructure.

(14)

Architectural review approval for building permits for public amenity supplemented mixed-use development structures shall be granted by the Village Board as part of the public amenity supplemented mixed-use development special permit review process. The Village Board may seek advice regarding the architectural design from the Village Architectural Review Board and/or a professional architectural consultant.

Dining and entertainment establishment.

[Added 7-24-2023 by L.L. No. 8-2023]

Hours. Patrons shall be permitted on the premises between 8:00 a.m. and 12:00 midnight or at such other time as the Board of Trustees may specify.

Noise.

The maximum permissible intensity of any noise from any dining and entertainment establishment shall be permitted as regulated under § 195-3 of the Village Code, or as otherwise determined by the Board of Trustees, whichever is more restrictive.

Applicants will take all reasonable efforts to ensure that noise generated inside the premises associated with private events will be mitigated to the extent practicable by ensuring that all doors and windows remain closed except as needed for ingress and egress.

Permissible sound associated with private events includes music-producing electronic devices; or a single person or a band playing music, including an individual or individuals utilizing amplified backing tracks.

No amplified noise or live music associated with an event is allowed outside unless permitted under the Village's entertainment and food truck permit.

Events. Events that shall be permitted shall be limited to private events to which all guests are invited to attend before such event. No admission to unticketed or uninvited general public guests shall be permitted. Tickets to events will not be sold at the door.

Location. A dining and entertainment establishment may be permitted anywhere within the RC Zoning District subject to the standards set forth herein.

Exterior lighting. Any exterior lighting shall be of such a type and shall be so located, shaded, and directed that the light source is not directed at any neighboring property.

Occupancy limits.

Private events will have a patron maximum occupancy of not more than one person per 20 gross square feet of the gross square footage of the space.

Utilities and odors. Applicants shall ensure that utility supplies and wastewater treatment infrastructure shall not be overburdened.

Grease. Applicants shall provide sufficient infrastructure to capture and take all necessary measures to dispose of grease.

Odors. No noxious odors shall be produced by the use.

Refuse and recycling disposal. Properly maintained refuse and recycling disposal facilities that minimize adverse impacts on nearby properties shall be provided. All refuse and recycling will be stored in appropriate bins, and the access path to same will be kept clear and accessible at all times. The specific details of refuse and recycling facilities, and the means and accessibility of their collection, will be determined by the Board of Trustees as a part of a consideration of a special permit.

Application of pertinent codes. All design and operations shall conform with the New York State Uniform Fire Prevention and Building Code, Westchester County Health Code, and any other applicable regulations.

Without limiting the generality of the foregoing, sufficient emergency ingress and egress corridors/pathways shall be provided for all patrons and staff, and said corridors/pathways will be kept accessible at all times and shall not be blocked.

Outdoor activities.

On premises outdoor seating for patrons may be allowed by the Board of Trustees as part of the special permit review process.

Outdoor eating may be allowed by the Board of Trustees as part of the special permit review process.

Except for sound that may escape temporarily while doors are open for ingress or egress, with the understanding that the doors are self-closing (unless otherwise determined by the Village Board in the special permit process), no amplified noise or live music associated with a private event is allowed outside unless permitted under an entertainment and food truck permit.

The use of food trucks in front of the premises may be permitted under an entertainment and food truck permit.

All applicable requirements under the New York State Uniform Fire Prevention and Building Code shall apply to the design of outdoor activity areas.

(10)

Indoor entertainment.

No occupation license under § 185-1A(5) shall be required for indoor entertainment.

Musical entertainment, singing, or other similar amusement or entertainment is permitted indoors in connection with the sale to the public of food or drink, and in connection with private events being held on the premises, subject to the noise regulations established under Subsection O(2) above.

(11)

Board of Trustees special permit review.

When reviewing the special permit application, the Board of Trustees shall consider the proximity of dining and entertainment establishments to each other and to nearby residential properties and consider traffic, noise, cooking odors, and other conditions that could adversely affect adjacent land and buildings, including the ground floor (see "ground story") use of apartment buildings.

When reviewing the special permit application, the Board of Trustees shall consider the general special permit criteria found under § 381-50 of this chapter.

(12)

Renewal. The duration of any dining and event establishment special permit granted under this subsection shall be two years and may be renewed by written request to the Board of Trustees. The Board of Trustees may opt to waive a public hearing in connection with the request for said renewal.

§ 381-52 (Reserved)

§ 381-53 (Reserved)

§ 381-54 (Reserved)

§ 381-55 Specific requirements for accessory uses permitted by special permit.

Specific requirements are hereby established for certain accessory uses permitted by special permit. Special use permit shall only be approved where the applicant can demonstrate compliance with the general standards set forth in § 381-50 (above) and the standards set forth herein.

Private detached garages. Private detached garages, including carports with no storage other than of passenger vehicles (automobiles), shall not be less than six feet from any side or rear lot line or within 30 feet of any street line.

Outside storage of recreational vehicles or trailers. Outside storage of recreational vehicles or house trailers is prohibited unless the recreational vehicles or trailers are owned by the owners or occupants of the property used for storage, provided that such storage is not within the front yard of the property nor within 30 feet of the curbline of a side yard abutting a street, and also provided that such storage is at least six feet from the side and rear property line of said property.

Noncommercial swimming pool.

[Amended 6-19-2023 by L.L. No. 7-2023]

Statement of purpose. The Board of Trustees recognizes that the regulation of the establishment, construction and operation of noncommercial private swimming pools is a matter of public importance, primarily as it concerns the issues of safety to children and animals, noise, aesthetics, lighting, odors, overflowing waters, location and the possible depreciation of property values by reason of improperly installed or maintained pools or having such pools placed in undesirable or adversely impactful locations. This section shall be read and construed as having regard to the foregoing statement of purposes.

Standards. A noncommercial swimming pool shall be subject to the following provisions and restrictions:

No more than one noncommercial swimming pool may be permitted as an accessory to any residential use.

No noncommercial swimming pool is permitted on any lot consisting of less than 5,000 square feet.

Enclosures, sometimes referred to as "swimming pool bubbles" or "bubbles," shall not be permitted.

Noncommercial swimming pools shall be constructed or installed in a rear yard only, and shall comply with the following:

The applicable rear and side yard setbacks for the zoning district within which the property is located, and as may be modified in accordance with § 381-37.

The setback to the pool shall be measured to the edge of the pool deck if provided, or from the pool rim if no pool deck is provided.

The lot coverage limitations as established in § 381-38.

A separation of a minimum of 15 feet shall be maintained between every principal or accessory structure, including, but not limited to, associated architectural elements such as balconies, verandas, loggias or attached decks, and the water's edge of a noncommercial swimming pool.

A safety barrier shall be installed with a minimum of four feet in height. All gates or door openings through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times except when opened for the few seconds it takes to pass through. A building wall can form a part of the barrier, provided that all doors are equipped with an alarm that produces an audible warning when opened, and operable windows shall have a latching device located no less than 48 inches above the floor. Doors and windows shall fully comply with Section R326.4.2.8 of the New York State Residential Code. Safety barriers shall be constructed of weather resistive materials and shall be assembled or fabricated with sufficient rigidity to prevent access. Nonstructurally stable decorative or temporary fencing shall not be permitted. Any stricter regulation contained in any other law or rule shall control.

Any ladder or steps providing access to a noncommercial swimming pool shall be of the removable or the close-off safety lock type. Such ladders or steps shall be removed when the pool is not in actual use or the safety-lock feature making the steps or ladder impassable shall be utilized.

All pool equipment, including a filter, heater, pump, water treatment device, or similar pool accessory equipment, shall be situated so as to be nonviewable or otherwise fully screened from neighboring properties. All such equipment shall, at a minimum, comply with Chapter 195, Noise, and shall be installed so as to not disturb the peace, quiet, and comfort of neighboring property owners. Any noise generated from such equipment that is plainly audible on adjacent property is expressly forbidden.

(h)

The water of any such pool shall be treated in the manner sufficient to maintain the bacterial standards established by applicable law. Filtering, sterilizing and auxiliary equipment shall be adequate to maintain the sanitary quality of pool water while the pool is in use. Equipment containing gases or disinfectants capable of giving off irritating, toxic or flammable fumes shall be located in ventilated rooms or structures and equipped with safeguards in case of chlorine or other chemical leaks.

(i)

There shall be no cross-connection between the public water supply system and any pipes or apparatus feeding water to a pool from a private well, system or other source.

(j)

Pool discharges shall be directed to the home's sanitary sewer system. Where discharges cannot be retained on-site or disposed of because of the lack of the above-mentioned facilities, it shall be disposed of by means of dry well or series of wells, provided that such pool discharges will not overflow in any instance onto abutting property or flood the existing leaching fields of a septic tank system.

(k)

A swimming pool represents an impervious surface, and together with the surrounding patios or terraces, may modify existing drainage patterns. As a result, the manner by which stormwater runoff is managed must be presented and approved as part of the special permit application.

(l)

All noncommercial swimming pools shall be appropriately buffered, screened and landscaped to mitigate impacts on adjacent properties. At a minimum, screening shall consist of dense native evergreen plantings a minimum of six feet in height. Nonevergreen planting may supplement evergreen planting but shall not take its place. All required planting shall be properly maintained in healthy growing conditions at all times. Should plantings die, they must be replaced in-kind. This screening requirement may be modified in situations where it is determined by the Planning Board or Zoning Board of Appeals that large distances, topographic features, intervening structures or existing vegetation satisfy the same purposes.

(m)

Lighting used to illuminate any swimming pool shall be so arranged and shielded as to reflect light away from adjoining premises. High intensity spotlighting or accent lighting should be avoided. Illumination levels at the property lines surrounding the pool shall not exceed zero footcandles. The use of dark-sky-compliant light fixtures is recommended.

(n)

Electrical fixtures, wiring and installation used in connection with the swimming pool shall conform to the National Electric Code in effect at the time of construction. All wiring for such installation shall be underground.

(o)

No noncommercial swimming pool shall be so located that any current-carrying electrical conductors shall cross it, either overhead or underground.

(p)

No diving board or platform shall be used or installed in connection with any noncommercial swimming pool having a depth of less than eight feet. In swimming pools of eight feet to 11 feet in depth diving boards or platforms may be permitted in the discretion of the Planning Board for use in the deep area, provided that they are not more than three feet above water level.

(q)

Noncommercial swimming pools shall comply with the New York State Residential Code, Section 326.

Noncommercial swimming pools located in floodplains. Swimming pools located within Larchmont's FEMA designated floodplains have the potential to create hazardous conditions, increase erosion, exacerbate flooding and damage property. Noncommercial swimming pools shall comply with the following:

The noncommercial swimming pool shall comply with the applicable provisions of Chapter 337, Flood Damage Prevention.

A consistency determination shall be obtained from the Coastal Zone Management Commission.

For waterfront properties containing a seawall or bulkhead, an engineering report, prepared by a professional engineer licensed in the State of New York shall be provided documenting that the Engineer has performed an inspection of the walls/bulkhead, etc., and that the pool will not result in any loading or surcharge that would adversely impact the seawall or bulkhead.

The siting of a noncommercial swimming pool in areas of special flood hazard and the regulatory floodway should be avoided. If no other viable alternative location, or an alternative involving a smaller pool cannot be practically achieved, an engineering report, prepared by a professional engineer licensed in the State of New York shall be provided. The report shall document that the structural design of the pool is adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves and wave run-up as described in the latest FEMA Advisory Maps, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered.

A noncommercial swimming pool shall be designed to expressly prevent structural elements from becoming dislodged during storm events.

Abandonment. The Building Official is hereby charged with determining if a noncommercial swimming pool has been abandoned. In addition to all other remedies at law or equity, if upon at least forty-five-days' notice to the property owner and an opportunity to be heard, the Building Official determines the pool to be abandoned or permanently discontinued, it shall be dismantled and removed from the property, filled in, regraded and the surface of the ground returned to its original grade. Any costs or expenses incurred by the Building Official shall be assessable to the owner of the premises and shall be a lien on the premises.

Satellite antennas.

Satellite antennas shall only be permitted if they are designed for and are to be used only by the occupants of the principal building on the lot.

No satellite antenna in excess of one meter in diameter shall be permitted in any area of the Village of Larchmont without approval of a special permit.

Such satellite antennas must be properly colored so as to conform to the surrounding areas, and such antennas shall be prohibited from being located in the front yard of any residential area.

Satellite antennas for which a special permit is required shall not be mounted on the roof.

Such satellite antennas shall not be permitted to produce noise that can be heard from the street, sidewalk or adjacent properties.

Such satellite antennas must be located and screened to minimize visibility from the street, sidewalks and adjacent properties.

The Board shall take into consideration aesthetics before granting any special permit.

Ground- or tower-mounted satellite antennas shall not be extended to a height of over five feet from the ground.

Notwithstanding the foregoing, no special permit shall be required for the erection, construction or installation of no more than one satellite antenna (or dish antenna) on the roof of the main building, provided that such satellite antenna does not exceed 18 inches in diameter and does not exceed the height of that building's chimney. (This standard shall not apply to permitted uses in the RB and RC Districts.)

Wireless telecommunications antennas, support structures and equipment facilities.

Findings; purposes; intent.

Findings and purposes. The Village finds that one of the principal assets of the Village is its attractive, low-rise, one-family residential character; that wireless telecommunications facilities are generally unsightly, cause visual blight and, if not sited in appropriate locations, could seriously damage the aesthetic character of the Village; that the existence of wireless telecommunications facilities within the Village without proper safeguards to protect the aesthetic character of the community would be counter to the Village's Comprehensive Plan; that, after consultation with the Village Engineer and consideration of the fact that the Village is only approximately one square mile in size, the most appropriate areas for the siting of wireless telecommunications facilities are existing sites or Village property where communications facilities can be most adequately hidden from view; and that it is unnecessary and would be adverse to the aesthetic character of the community to allow wireless telecommunications facilities within one-family residence districts.

It is the intent of the Village to protect and promote the health, safety and general welfare of its residents by establishing an orderly process for regulating the siting of wireless telecommunications facilities. Therefore, a primary purpose of this section is to establish standards to minimize the adverse visual impact of wireless telecommunications facilities through proper site placement, design and height limitation in order to preserve the aesthetic character of the Village and to maintain property values; to establish standards for the safe provision of wireless telecommunications services consistent with applicable state and federal law; and to encourage the shared use of wireless telecommunications facilities where appropriate. The potential locations for facilities within the Town of Mamaroneck antenna zone are particularly appropriate because these locations contain or are near sites containing existing facilities where new facilities might be collocated or with which new facilities will visually blend. The two potential Village-owned sites (Village Hall and the public works yard) present unique opportunities to site the facilities because, while they are in or adjacent to residential areas, the existing improvements can be used to screen the antennas from their residential neighbors. It is for these reasons, and not revenue generation, that this section gives preference to these locations.

Except as otherwise provided herein, no wireless telecommunications antenna (hereinafter "antenna" or "antennas"), support structure or equipment facility shall hereafter be used, erected, changed or altered unless a special permit is obtained from the Zoning Board of Appeals in conformity with this chapter.

Location requirements. Any application for the installation of an antenna, support structure or equipment facility shall comply with the following requirements:

Such application shall not be approved unless the Board finds that the applicant has shown that adequate service cannot be accommodated by the installation of the proposed antenna, support structure and/or equipment facility within the Town of Mamaroneck zoning district where such antennas are permitted;

If the Zoning Board of Appeals makes the finding required in Subsection E(3)(a) above, such application shall not be approved unless the Zoning Board of Appeals makes an additional finding that the applicant has shown that adequate service cannot be accommodated on property owned by the Village of Larchmont [see Subsection E(10) below]; and

Upon findings required by Subsection E(3)(a) and (b), the Zoning Board of Appeals may grant a special permit for installation of an antenna, installation of a support structure on or in an existing building of four stories or more in one of the following districts: Retail Business (RB); Retail Center (RC).

Collocation requirements. The Zoning Board of Appeals shall have the authority to require an applicant to demonstrate that the antenna and/or related equipment planned for the proposed location cannot be accommodated in or on a building, support structure and/or equipment facility where one or more antennas are already lawfully located for one or more of the following reasons:

The absence of existing installations in the area requiring service;

The antenna would exceed the structural capacity of the existing or approved support structure or building, as documented by a qualified professional engineer, and the existing or approved support structure cannot be reinforced, modified or replaced to accommodate the planned or equivalent antenna at a reasonable cost;

The antenna would cause interference, materially impacting the usability of other existing or planned antenna(s) at the support structure or building, as documented by a qualified professional engineer, and the interference cannot be prevented at a reasonable cost; and/or

Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include, but is not limited to, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation and all of the costs of adapting the support structure or equipment to accommodate a shared user without causing electromagnetic interference.

Performance standards for antennas, support structures and equipment facilities. Antennas, support structures and equipment facilities shall conform to the following standards:

Proof of noninterference from antenna(s). Each application for installation of an antenna shall include either a preliminary or a certified statement of a qualified professional engineer that the installation of the antenna, including reception and transmission function, will not interfere with the radio, wireless or telecommunications services enjoyed by properties within or near the Village or with public safety, radio, wireless and telecommunications. In the event that only a preliminary statement is submitted with the application, a final certified statement of noninterference shall be provided prior to the issuance of a building permit.

Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. If new more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the Board of Trustees. The cost of verification of compliance shall be borne by the owner and/or operator of the support structure.

Lighting. Except as specifically required by the Federal Aviation Administration or other federal or state authority, no antenna, support structure or equipment facility shall be illuminated, except that buildings may use lighting required by the New York State Building Code or when required for security reasons pertaining directly to the security of the particular communications facility. When lighting is used, it shall be shielded to prevent undue impact on the surrounding neighborhood. All lighting must be approved by the Zoning Board of Appeals as part of the special permit.

Signs and advertising. The use of any portion of an antenna, support structure or equipment facility for signs other than warning or equipment information signs (not including branch names) is prohibited. Only warning and equipment information signs approved by the Zoning Board of Appeals as part of the special permit shall be permitted.

Height limitations. Maximum height of an antenna, support structure or equipment facility shall be no greater than necessary, as determined by the Zoning Board of Appeals. Accordingly, such heights shall be set by the Zoning Board of Appeals on a case-by-case basis and shall not be limited by the building height regulations of this chapter.

Screening. All antennas, support structures and equipment facilities shall be located and screened in such a manner as to be as hidden to the extent reasonably practicable.

Review. A special permit issued pursuant to this section shall be subject to review by the Zoning Board of Appeals at five-year intervals at the expense of the owner and/or operator of the equipment to determine whether the technology in the provision of wireless telecommunications has changed such that the necessity for the permit at the time of its approval has been eliminated or modified, and whether the permit should be modified or terminated as a result of any such change.

Abandoned or unused antennas, support structures or equipment facilities; removal. Abandoned or unused antennas, support structures or equipment facilities shall be removed as follows:

Each abandoned or unused antenna, support structure or equipment facility shall be removed within three months of the cessation of its use for its originally intended purpose, unless a time extension is approved by the Zoning Board of Appeals. In the event that an antenna, support structure or equipment facility is not removed within such three-month period, the antenna, support structure or equipment facility may be removed by the Village and all costs incurred in connection with such removal shall be assessed against the property where the antenna, structure or facility was located.

Unused portions of support structures above a manufactured connection shall be removed within six months of the time they first become unused. The replacement of all or any portion of an antenna, support structure or equipment facility previously removed requires the issuance of a new special permit.

Referral. Upon filing, the Building Inspector shall forward a copy of the application to the Architectural Board of Review.

Reports from the Architectural Board of Review. The Architectural Board of Review shall file a written report with the Zoning Board of Appeals containing its recommendations on the application within 30 days of referral. The Zoning Board of Appeals shall careful review and consider such report and recommendation in making its decision. If the Architectural Board of Review fails to render its report within 30 days, the Zoning Board of Appeals may act without the benefit of the report.

(10)

Antennas, support structures and equipment facilities on Village property. Notwithstanding anything in this chapter to the contrary, antennas, support structures and equipment facilities located on property owned by the Village of Larchmont shall not be subject to the provisions of the Village's land use regulations, except the building and fire code,[1] it being the intention of the Village that such antennas, support structures and equipment facilities will be addressed by the Board of Trustees on a case-by-case basis; provided, however, that nothing herein shall be construed in any way to require the Village to permit the placement of any antenna, support structure or equipment facility on Village property.

Editor's Note: See Ch. 334, Fire Prevention and Building Construction.

(Reserved)

Tennis courts and swimming pools in conjunction with townhouse developments approved by special permit. Such special permits shall be reviewed and approved by the Board of Trustees, subject to the following:

No more than one outdoor, noncommercial tennis court per 20 townhouse units in the development shall be permitted;

No artificial lighting shall be permitted;

Suitable fencing and natural screening shall be provided (and maintained and replaced, as appropriate); and