Village of Pelham, NY Article XII Business-1 District

§ 98-72 Permitted uses.

[Amended 10-1-1991 by L.L. No. 3-1991; 7-21-1992 by L.L. No. 2-1992]

No building or premises shall be used in whole or in part for any purpose other than the following:

A. Principal uses.

(1) Any permitted use in a Residence M District, as listed in § 98-45.

(2) Lodging house.

(3) Public library or museum.

(4) Federal, state, county or municipal building primarily devoted to administrative functions.

(5) Church, synagogue or other house of worship.

(6) Parish house, Sunday school or school of religious instruction for students excused from public school for such purpose.

(7) Parochial or other religious school; private school.

(8) Business or vocational school.

(9) Retail store.

(10) Personal service store, studio or art gallery.

(11) Shop for custom work.

(12) Office or office building.

(13) Bank or financial institution.

(14) Restaurant, with or without bar, but excluding a fast-food restaurant.

(15) Access drives, parking and amenities accessory to multifamily houses in an adjacent Residence M-1 District.

[Added 12-1-1998 by Ord. L.L. No. 4-1998]

(16) Building containing residential and nonresidential uses, provided that nonresidential uses shall be confined to the first or second story, shall be provided with access to the street that is separate from that of any residential uses in the same building, and shall not have access to the residential uses.

[Added 5-6-2003 by L.L. No. 3-2003]

§ 98-73 Uses requiring special permit.

A. The following uses require a special permit by the Board of Appeals:

(1) Parking area or public garage open to the general public, with or without the payment of rent or charges for parking, pursuant to Article XVII.

(2) Filling station, provided that such use shall be prohibited within 1,000 feet of any filling station existing or for which a building permit has been issued or within 300 feet of a public, parochial or private school, a general medical or surgical hospital or any place of public assembly with a capacity of 100 seats or more.

(3) Service station.

(4) Theater or other place of public assembly for more than 50 persons.

(5) Club.

(6) Research institute or laboratory.

(7) Adult uses, provided that such uses shall be prohibited within 500 feet of the boundary of any residence district.

(8) Veterinary hospital.

[Added 5-18-1993 by L.L. No. 1-1993]

§ 98-74 Height regulations.

[Amended 5-6-2003 by L.L. No. 3-2003]

A. No single-family or two-family dwelling shall be erected to a height in excess of 35 feet or 2 1/2 stories, whichever is the more restrictive, except as provided in § 98-102.

B. Except as provided in § 98-102, no other building shall be erected to a height in excess of 40 feet.

§ 98-75 Lot area.

There shall be a lot area of not less than 5,000 square feet for an exclusively residential use or, except as specified hereinafter, a mixed residential and nonresidential use and 2,500 square feet for a mixed residential and nonresidential use on a corner lot or for an exclusively nonresidential use.

§ 98-76 Lot width.

There shall be a lot width of not less than 50 feet for an exclusively residential use or a mixed residential and nonresidential use and 25 feet for an exclusively nonresidential use.

§ 98-77 Lot coverage.

The lot coverage shall not exceed 70% of the lot area for an exclusively residential building or for any story of a building devoted to a residential use and 81% of the lot area for any story of a building devoted exclusively to a nonresidential use.

§ 98-78 Yard requirements.

[Amended 5-6-2003 by L.L. No. 4-2003]

Yards with the minimum dimensions specified in this section shall be provided on each lot:

A. Front yard.

(1) Single-family or two-family detached dwelling: 15 feet, except as provided in § 98-104.

(2) All other uses: four feet, except that if the Board of Trustees finds that a smaller or larger front yard is required for reasons of consistency with the front yard(s) of adjacent building(s), it may reduce or increase the required front yard.

B. Side yards.

(1) Single-family or two-family detached dwelling: 10 feet.

(2) All other uses: Except on a corner lot, no side yards shall be required, but if provided, any side yard shall have a width of not less than 10 feet. On a corner lot, there shall be a side yard along the side street line, and such side yard shall have a width of not less than four feet, except that if the Board of Trustees finds that a smaller or larger side yard is required for reasons of consistency with the front or side yard(s) of adjacent building(s), it may reduce or increase the required side yard.

(3) Notwithstanding Subsection B(2), if the side lot line of a property abuts a residentially zoned lot, there shall be a side yard along the residentially zoned lot, and such side yard shall have a width of not less than 10 feet.

C. Rear Yard: 15 feet.

§ 98-79 Lot area per dwelling unit.

There shall be a lot area of not less than 1,600 square feet per dwelling unit, including any living quarters provided by the owner for employees necessary to the maintenance of the building.

§ 98-80 Residential occupancy restrictions.

There shall be no living quarters in the basement or cellar of any building or below the level of any portion of a building devoted to a nonresidential use. The residential use of any story of a building which is also devoted to nonresidential uses shall be permitted only if such residential use is provided with a separate access from the street.