[Amended 6-11-1986; 9-25-2001 by L.L. No. 12-2001]
For the purpose of this chapter, the unincorporated
area of the Town of Greenburgh is hereby divided into the following
classes of districts:
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One-Family Residence District
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R-40
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One-Family Residence District
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R-30
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One-Family Residence District
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R-20
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One-Family Residence District
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R-15
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One-Family Residence District
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R-10
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One-Family Residence District
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R-7.5
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One-Family Residence District
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R-5
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Multifamily District
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M-6
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Multifamily Residence District
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M-10
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Multifamily Residence District
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M-14
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Multifamily Residence District
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M-22
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High-Rise Multifamily Residence District
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M-25
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High-Rise Multifamily Residence District
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M-174
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Scatter-Site Public Housing District
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PH
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Planned Unit Development District
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PUD
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Office Building District
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OB
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Office Building District
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OB-1
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Limited Office Building District
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LOB
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Designed Shopping District
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DS
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Central Avenue Mixed-Use Impact District
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CA
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Hartsdale Center District
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HC
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Close Business District
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CB
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Intermediate Business
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IB
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Light Industrial District
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LI
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General Industrial District
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GI
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Nonresidential Planned Development District
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PD
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Urban Renewal District
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UR
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A.
Zoning Map. The boundaries of the above-referenced districts shall be established by the Town Board, which boundaries shall be reflected on a Map, entitled "Zoning Map, Town of Greenburgh (unincorporated)," hereinafter referred to as the "Zoning Map." The official Zoning Map, indicating all amendments adopted by the Town Board, shall be dated and hand signed by the Town Supervisor and by the Commissioner of Community Development and Conservation, shall bear the embossed seal of the Town of Greenburgh thereon, and shall be kept in the office of the Town Clerk. A copy of such map is annexed hereto and incorporated in this chapter. The Zoning Map may only be amended by the Town Board pursuant to § 285-64 of this chapter. For the use and benefit of the public, copies of the official Zoning Map, indicating all amendments adopted by the Town Board, shall, at a minimum, be kept in the office of the Town Clerk, displayed in the offices of the Building Inspector and the Commissioner of Community Development and Conservation, and posted on the Town of Greenburgh's Website.
[Amended 9-12-2012 by L.L. No. 9-2012]
B.
Boundaries.
(1)
Except where referenced to a street line or by distance
in feet therefrom, the district lines shown on said Zoning Map are
intended to follow lot lines or the center lines of streets, railroads,
streams or aqueducts or the boundaries of the Town, and, where any
such district abuts upon a river, the boundary lines thereof shall
be deemed to extend outward to the boundary of the Town in such river.
In the case of unsubdivided land or where a district boundary divides
a parcel or lot, the location of such boundary, if not indicated by
dimensions shown upon such Zoning Map, shall be determined by the
use of the scale appearing thereon.
(2)
In all cases where a district boundary divides a lot
in one ownership on the date of the enactment of this chapter and
more than 50% of the area of such lot lies in the less restrictive
district, the regulations prescribed by this chapter for the less
restrictive district may be extended by the Zoning Board of Appeals
to such portion of the more restrictive portion of said lot which
lies within 30 feet of such district boundary. For purposes of this
section, the more restrictive district shall be deemed that district
subject to regulations which prohibit the use intended to be made
of said lot or which require higher standards with respect to density,
coverage, yards, screening, landscaping, lighting, parking, loading
and similar requirements.
(3)
In all cases where a district boundary line is located
not farther than 15 feet away from a lot line of record, such boundary
line shall be construed to coincide with such lot line.
(4)
In all other cases where dimensions are not shown
on the Map, the location of boundaries shown on the Map shall be determined
by the Building Inspector by application of a scale thereto.
(5)
Where natural or man-made features existing on the
ground are at variance with those shown on the Zoning Map or in other
circumstances not covered in the subsections above, the district boundaries
shall be interpreted by the Zoning Board of Appeals.
To facilitate public understanding of this chapter and for the better administration thereof, the regulations establishing the permitted uses of land and buildings; the limitations on the size of lots, percent of coverage of land by height and maximum size of buildings; required open spaces and all other requirements for each of the districts established by Article III of this chapter are set forth in the schedule designated as "Schedule Controlling Land and Buildings," which is annexed hereto. Such schedule is hereby adopted and declared to be part of this chapter, is hereinafter referred to as the "schedule" and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: Said schedule is on file in
the Town offices.
[Amended 12-14-1994 by L.L. No. 11-1994]
A.
Statement of intent and objectives.
(1)
It is the intent of this Conservation District (CD)
to provide performance criteria to assure conservation of natural
resources during and after development.
(2)
A Conservation District shall be an overlay zone over
any other zones allowed in the Town.
(3)
The following objectives will form the basic criteria
for evaluating a CD development:
(a)
A significant natural environmental feature
will be conserved, e.g., a forest, wetland, watercourse or water body,
steep slopes or rock outcrops.
(b)
Views of natural features will be preserved
along existing roads thereby protecting existing community character.
(c)
Development patterns will aggregate infrastructure
and building, allowing the conservation of natural features and providing
economical, compact development.
(d)
Natural areas may be protected as either common
areas or as portions of individual lots; in either event, easements
or covenants acceptable to the Town Attorney shall be required specifying
the protection offered.
(e)
The zoning of land to a CD Overlay Zone may
occur at the request of the property owner or upon initiative of the
Town Board, the request to the Town Board by the Planning Board or
the request to the Town Board by the Conservation Advisory Council
(CAC).
B.
Development standards and general requirements.
(1)
Eligibility standards. All Conservation Districts
shall have a minimum parcel area of 2 1/2 acres. Where new public
streets are included in the development plan, the areas of the streets
may be used in calculating the minimum parcel area.
(2)
Development plan.
(a)
A conservation and development plan for overall development of each Conservation District area shall be submitted to the Town in accordance with provisions of Subsection C of this section; Chapter 250, Subdivision Regulations; and Article VIII, Site Plan Approval, of this chapter, as appropriate, and any other relevant sections of the Town Code. If residential, the plan may take advantage of the provisions of § 285-24, PUD Planned Unit Development District. However, in no event shall designation of a CD Zone convey a right to a PUD. The Town reserves the right in all cases to evaluate desirability of rezoning for use density or PUD. Each Conservation District shall be planned to complement adjacent conservation districts and/or planned developments to the satisfaction of the Town.
(b)
Permitted uses shall be all uses allowed in
the underlying zones.
(c)
Permitted accessory uses shall be accessory
uses permitted in the underlying zones.
(d)
Area requirements.
[1]
Residential density or maximum floor area ratio
(FAR) and other area requirements of underlying zones shall apply
to all proposed development unless CD Zone requirements are more stringent,
in which case CD Zone requirements shall override those of other zones.
[2]
When a PUD rezone accompanies a CD Zone, PUD
requirements of minimum site area and minimum number of units shall
be waived to allow PUD standards to apply to the minimum Conservation
District site area. However, the Town Board and/or the Planning Board
in each individual application reserves the right to require specific
housing types, such as but not limited to single-family detached,
semiattached, townhouses or apartments.
(e)
Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the ratios established in § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(f)
Common property. All common property, if provided, shall be restricted and maintained in a manner acceptable to the Town Attorney and shall follow the alternatives outlined in § 285-24B(2) when the underlying use is residential.
C.
Conservation criteria.
(1)
Assessment. All petitions for CD rezoning shall be
accompanied by a written report, supplemented with graphic illustrations,
indicating the type and extent of natural features for which protection
is sought. Graphic illustrations may include air photos, New York
State Department of Environmental Conservation or local wetland maps,
or other maps illustrating the extent of natural features.
(2)
Natural features to be protected.
(a)
The natural features the Conservation District
is intended to preserve include forested areas, wetlands, streams,
ponds or other water bodies, steep slopes and rock outcrops.
(b)
To qualify for Conservation District zoning,
at least 25% of the site must be comprised of natural features. The
total natural area on any site shall be not less than one acre in
size.
(c)
Forested areas shall be characterized by stands
of trees at least 30 feet in height at their highest point. No area
comprised of more than 50% of one or all of the following species
shall be considered forested: Ailanthus altissima (tree-of-heaven),
Robinia pseudo-acacia (black locust), Acer platanoides (Norway maple)
or Populus species (poplar).
(d)
Any wetland designated by the New York State
Department of Environmental Conservation (DEC) or the Town of Greenburgh
shall be presumed to be a wetland under this chapter. Any unmapped
wetland one acre or larger in size and meeting the three wetland indicators
used by the United States Army Corps of Engineers (hydrology, soils
and vegetation) shall qualify as a wetland if mapped by a wetland
expert approved by the Commissioner of Community Development and Conservation.
(e)
A stream, pond or other water body shall include
any mapped DEC water body.
(f)
Steep slopes and rock outcrops shall include
all slopes in excess of 30% and all rock outcrops 50 square feet or
more in area.
(3)
Nature of protection.
(a)
Natural features shall be protected by conserving
a minimum of 50% of all natural areas or the minimum area required
by state or federal regulations. Such areas, both existing and proposed
for protection, shall be designated on the comprehensive plan and
shall be subject to review and approval of the Town agency empowered
with approval. Enhancement of natural features may be permitted, and
such features, if any, shall be illustrated on the comprehensive plan
and any other requisite construction drawings.
(b)
All natural areas approved for protection in
the comprehensive plan shall be clearly demarcated on site during
construction, and the construction perimeter shall be fenced with
a minimum three-foot-high wood-construction slat snow fencing for
the duration of construction. Construction-related activities, such
as storage of materials or equipment, shall be allowed only within
the approved construction area. No construction activity shall occur
closer than 10 feet to any tree to be preserved. Any broken limbs
or other tree wounds shall be immediately trimmed and treated with
a tree wound product.
(4)
Setbacks and buffer areas.
(a)
All minimum state or federal setback and buffer
standards shall apply to natural areas, e.g., DEC one-hundred-foot
wetland buffer. In addition, there shall be twenty-five-foot minimum
buffers provided along both sides of any stream or water body, which
may be increased for more environmentally sensitive water bodies.
(b)
Notwithstanding any other provisions of zoning
districts in the Town of Greenburgh, a CD may require the following
setbacks in conserving natural features identified in the plan:
[1]
Fifty- to one-hundred-foot setbacks from Town,
county or state roads, but in all cases 50 feet will be a minimum
setback from said road.
[2]
The Planning Board may vary the seventy-five-foot
PUD side and rear yard buffer requirement to achieve the conservation
objectives of the CD Zone.
[3]
Limited access curb cuts off existing Town roads.
[4]
Variation of any side or rear yard setbacks
on individual lots but in no instance by more than 50% of the underlying
zone requirement.
(5)
Disturbance of natural areas. No natural areas or
features shall be disturbed unless so indicated on the approved plan
for the site. Any areas disturbed, for construction purposes, shall
comply with all provisions of applicable state, federal or local ordinances.
(6)
Landscape restoration.
(a)
A landscape restoration plan shall be submitted
indicating plantings for all disturbed areas of the property. The
plan shall graphically show all proposed plants and shall indicate,
in chart form, common and botanical names, sizes at planting time
and at maturity, root condition and quantities. The landscape plan
shall be prepared by a landscape architect licensed in the State of
New York.
(b)
Preference will be given to native plants in
all planting plans, with a mixture of trees, shrubs and herbaceous
material. Major trees shall be a minimum of two to 2 1/2 inches
in caliper, 16 to 18 feet in height. Minor trees shall be a minimum
of 1 1/2 to two inches in caliper, eight to 10 feet in height.
Shrubs with a mature size of five feet or greater shall be 3 1/2
to four feet in height at planting. All other shrubs shall be a minimum
of 1 1/2 to two feet in size at planting. All planting beds must
be clearly marked on plans and must be mulched with two inches of
seasoned hardwood chips or shredded hardwood mulch.
(c)
The planting plan shall indicate who is responsible
for replacing and maintaining plant material. All plants must be replaced
if dead or dying with the same or similar species within 120 days.
Planted areas must be properly maintained, including weeded, trimmed,
pruned and treated as necessary for diseases. All mulched areas shall
be maintained with required depth of mulch.
D.
Application procedure.
(1)
Upon petition to the Town Board by an applicant, recommendation
to the Town Board by the Planning Board or the CAC, or by the Town
Board's own initiative, the Town Board shall consider a rezoning of
subject property to include an Overlay Conservation District Zone.
(2)
All provisions of Town Code § 285-64, Amendment procedure, shall apply to any Conservation District rezoning.
(3)
The Town Board may place specific conditions on a
rezone, including but not limited to location and extent of natural
features to be conserved, guidelines for protecting natural features
during and after construction, and specific access, layout or other
design features intended to foster the conservation criteria, intent
and objectives of this section.
(4)
Upon rezoning any parcel to a Conservation District, said district shall continue in full force and effect in perpetuity or until the Town Board takes action to remove the Conservation District Zone in accordance with § 285-64 of the Town Code.
(5)
Subsequent to or in conjunction with a rezoning to
a Conservation District, the applicant shall be responsible for obtaining
any and all necessary site plan, subdivision, special permits and/or
variances required for development per the Greenburgh Town Code.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
One-family detached dwellings not to exceed
one dwelling per lot.
(b)
Public parks, playgrounds or similar recreational
areas, owned or operated by a governmental authority. No building
or area designed for recreation shall be located nearer than 100 feet
to any street line or lot line.
(c)
Firehouses, police stations or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County, or by any other governmental authority. No building shall
be located nearer than 100 feet to any street line or lot line.
(d)
Other municipal buildings or uses operated by
the Town of Greenburgh. No building shall be located nearer than 40
feet to any street line. No building shall be located nearer than
100 feet to any lot line of adjacent property on which adjacent property
there is an existing dwelling unit of any kind. No building shall
be located nearer than 100 feet to any lot line of adjacent vacant
property if such adjacent vacant property is located within a residential
district as defined in this chapter. No building or structure shall
be erected without adequate landscaping and screening being installed
to the satisfaction of the Town Board.
[Amended 5-14-1991 by L.L. No. 20-1991]
(f)
Regularly organized elementary or secondary
schools having a curriculum approved by the Board of Regents of the
State of New York, subject to the following;
[1]
The minimum lot size shall be five acres.
[2]
No building shall be nearer than 100 feet to
any street line or lot line.
[3]
Sleep-in or boarding facilities shall not be permitted, except as provided for in § 285-10A(2)(d) of this chapter.
(g)
Existing railroad-related uses.
(2)
Special permit uses.
(a)
Private clubs or social clubs operated by nonprofit
membership corporations exclusively for members and their guests,
including ice-skating, tennis, swimming and similar facilities, subject
to the following:
[1]
The minimum lot size shall be five acres.
[2]
No building and no area designated for recreation
shall be located nearer than 200 feet to any street or lot line, except
that, where the adjacent properties have not been substantially developed
for residential purposes and are not reasonably susceptible to future
residential development, courts for tennis, badminton, lawn bowling
and similar recreational uses, which are unilluminated and designed
for daylight use only and have no facilities for spectators, may be
located less than 200 feet from any lot line or street line, but in
no event less than 25 feet therefrom.
[Amended 7-8-1987 by L.L. No. 3-1987]
[3]
The State and County Departments of Health shall
certify that said clubs are in compliance with all respective codes
and regulations for which they have jurisdiction.
(d)
Private, religious or sectarian schools accredited
by the New York State Board of Regents, providing sleeping quarters,
subject to the following:
[1]
Minimum lot area shall be 25 acres.
[2]
It shall accommodate not more than 300 students
on a plot of 25 acres and not more than 10 additional students per
acre in excess of 25 acres.
[3]
If exempt from real estate taxes, it shall not
provide sleeping quarters for more than one resident family in addition
to boarding students, resident teachers and maintenance employees.
[4]
No building or recreation area in connection
with such private school shall be within 200 feet of any lot line
or street line.
(e)
Privately operated nursery schools, licensed
or authorized by the Department of Education of the State of New York,
subject to the following:
(g)
Roomers and boarders, provided that the following
criteria are met:
[Amended 1-22-1986]
[1]
Roomers and boarders shall only be permitted
in owner-occupied detached single-family dwellings.
[2]
Not more than two roomers and/or boarders shall
be permitted per dwelling unit.
[3]
The resultant density for the entirety of any
dwelling unit containing roomers and/or boarders shall not exceed
two persons per separate bedroom.
[4]
The rented quarters provided for roomers and/or
boarders shall not be provided with separate cooking facilities, including
but not limited to stoves, ovens and refrigerators.
[5]
The rented quarters provided for roomers and/or
boarders shall not be advertised on the premises.
[6]
An off-street parking space shall be provided
for each roomer and/or boarder in addition to the parking spaces otherwise
required pursuant to this chapter.
[7]
In the performance of his duties, the Building
Inspector and his duly authorized representatives shall have the right,
during daylight hours, to enter and inspect any building, structure
and land for which a special permit has been issued. Unreasonable
refusal of a property owner or resident to allow the Building Inspector
to enter to make an inspection shall be grounds for revocation of
the special permit by the Zoning Board of Appeals, after written notice
is mailed to the special permit holder by registered or certified
mail and a hearing is held.
[8]
In addition to the normal inspections made from
time to time by the Building Inspector, the Building Inspector shall
make a physical inspection of the premises at least once every three
years while the special permit is in effect to ensure compliance with
the special permit requirements and any special conditions set by
the Zoning Board of Appeals. The Building Inspector shall submit a
written report to the Zoning Board of Appeals detailing the results
of the inspection.
[9]
Failure to adhere to the requirements of the
special permit, or any special conditions, shall result in the immediate
expiration of the special permit.
(h)
Commercial riding establishments, including
stables and other accessory uses, subject to the following:
[1]
The minimum lot size shall be 10 acres.
[2]
No building shall be nearer than 200 feet to
any street or lot line.
[3]
A maximum of one horse per acre shall be kept
in such establishment, excluding horses under the age of one year.
[4]
All animal feed shall be stored in rodentproof
facilities.
[5]
No storage of manure or other odor- or dust-producing
substance shall be permitted within 200 feet of a street, property
line, watercourse or wetlands area.
(i)
Private seasonal camps, including swimming,
tennis and other recreational facilities, subject to the following:
[1]
The minimum lot size shall be 15 acres.
[2]
No building and no area designated for recreation
shall be located nearer than 200 feet from any street or lot line,
except that, where the adjacent properties have not been substantially
developed for residential purposes and are not reasonably susceptible
to future residential development, courts for tennis, badminton, lawn
bowling and similar recreational uses, which are unilluminated and
designed for daylight use only and have no facilities for spectators,
may be located less than 200 feet from any lot line or street line,
but in no event less than 25 feet therefrom.
[Amended 7-8-1987 by L.L. No. 3-1987]
[3]
The State and County Departments of Health shall
certify that said camps are in compliance with all respective codes
and regulations to which they have jurisdiction.
(3)
Accessory uses.
(a)
Off-street parking of passenger vehicles subject to conditions set forth in § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(b)
Off-street parking of not more than one recreational vehicle and one boat, excluding the parking of such vehicles in private garages, subject to conditions set forth in § 285-36 of this chapter.
(e)
Private swimming pools and tennis courts, subject to the conditions set forth in § 285-36 of this chapter.
(f)
Domestic gardens, including the raising of field,
fruit and garden crops.
(g)
On a lot in excess of 10,000 square feet, a
noncommercial greenhouse for resident use only.
(h)
On a lot containing a farm, the keeping of one
horse or one cow per acre and a reasonable number of other farm animals,
but excluding pigs and fowl.
[Amended 4-3-2018 by L.L.
No. 2-2018]
(i)
The keeping of dogs and cats as household pets,
provided that the total number of such pets above the age of six months
shall not exceed three.
(j)
Private garages containing space for not more
than one motor vehicle for each 5,000 square feet of lot area, except
that garage space for two such motor vehicles shall be permitted on
any lot. Farms under cultivation shall not contain more than one commercial
motor vehicle belonging to the owner or lessee of such farm and shall
be kept in a fully enclosed structure. Such accessory private garage
may be within, under, directly connected to or separated from the
principal building to which it is accessory and shall be located in
a required front yard.
(l)
Other accessory buildings or structures, such
as playhouses, cabanas, trash containers, doghouses and outdoor fireplaces,
provided that said uses are incidental to the principal uses, and
further provided that said uses shall not include any activity conducted
as a business or residence. All accessory buildings shall be maintained
in good condition and shall be roofed and sided with conventional
wood, metal, vinyl or other composite materials.
[Amended 12-20-1994 by L.L. No. 12-1994]
(4)
Uses under special permit by Town Board.
(a)
Agency group homes. In accordance with the purposes of this chapter as set forth in Article I hereof and in furtherance of the policy of the State of New York to deinstitutionalize those persons who cannot be cared for in their natural homes by placing them in small, dispersed group homes which are designed to give an outwardly similar appearance to other one-family dwellings, the following regulations shall apply:
[1]
Said home shall be operated or sponsored by
a public social service agency or nonprofit agency authorized by the
New York State Department of Social Services.
[2]
Said home shall have a maximum occupancy of
14 persons, excluding full-time sleep-in householder(s).
[3]
Said home shall be set up in size, appearance
and structure to bear the general character of a family unit in a
relatively permanent household. As such it shall not permit transients
or transient living, nor shall it be established in an institutional-type
arrangement.
[4]
For purposes of furthering the state's dispersal
and deinstitutionalization policy, to prevent the undue concentration
of agency group homes in any one area, and to preserve the social
as well as the physical character of one-family residential neighborhoods,
no agency group home shall be established if any portion of the lot
in which said facility is situated is within 2,000 feet of any portion
of any other lot on which another group home is situated.
[5]
Said home shall conform to and shall be maintained
in accordance with the overall character and appearance of the surrounding
neighborhood. No sign that advertises the use or occupancy of said
home shall be erected.
[6]
Said home shall be provided with an outdoor
recreation area suitably enclosed with a fence or hedge. Said area
shall be a minimum of 50 square feet per each occupant of the group
home and shall not be located nearer than 75 feet to any lot line
or street line.
[7]
Any applicant for a special permit for an agency
group home shall submit the following information to the Town Board:
[a]
The governmental authorization
to operate said facility.
[b]
A complete statement of the proposed
number, age and permanency of residence of the persons to be cared
for and the number and qualifications of both resident and nonresident
adult supervisory personnel.
[c]
A vicinity map indicating the location
of the proposed facility in relation to other existing agency group
homes or other similar types of care facilities within a radius of
one mile of the subject site.
[8]
The procedure for the granting of a special permit by the Town Board shall follow § 285-25A(4)(h).
[9]
Any change in the nature, size or type of the
operation of any approved group home shall be subject to a complete
new application for a special permit in accordance with the same standards
and procedures as required for the original application.
[10]
In the performance of his duties,
the Building Inspector and his duly authorized representatives shall
have the right, during daylight hours, to enter and inspect any building,
structure and land for which a special permit has been issued. Unreasonable
refusal of a property owner or resident to allow the Building Inspector
to enter to make an inspection shall be grounds for revocation of
the special permit by the Town Board, after written notice is mailed
to the special permit holder by registered or certified mail and a
hearing is held.
[Added 10-14-1992 by L.L No. 6-1992]
[11]
In addition to the normal inspections
made from time to time by the Building Inspector, the Building Inspector
shall make a physical inspection of the premises at least once every
three years while the special permit is in effect to ensure compliance
with the special permit requirements and any special conditions set
by the Town Board. The Building Inspector shall submit a written report
to the Town Board detailing the results of the inspection.
[Added 10-14-1992 by L.L No. 6-1992]
[12]
Failure to adhere to the requirements
of the special permit or any special conditions shall result in the
immediate revocation of the special permit.
[Added 10-14-1992 by L.L. No. 6-1992]
(b)
Public utility structures and utility rights-of-way,
when said facilities are needed to serve the Town or the immediate
neighborhood, subject to a determination by the Town Board that no
other reasonable location in this district or in a less restrictive
district can be utilized for the proposed facility and further subject
to such conditions as the Town Board may deem appropriate for the
protection of adjoining uses and of the character of the given district.
Utility business offices, garages or storage yards, electric substations,
Battery Energy Storage Systems, solar farms, and wind farms are excluded
from the provisions of this section. Antennas which comply with the
conditions set forth in § 285- 37 of this chapter shall
be permitted pursuant to the provisions of that section.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997; 8-11-2021 by L.L. No. 5-2021]
(c)
Convalescent homes, rest homes, nursing homes
or homes for the aged approved, licensed or authorized by the Department
of Health of the State of New York as residential health care facilities,
subject to the following:
[Added 10-14-1992 by L.L. No. 6-1992]
[1]
The minimum lot size shall be 10 acres.
[2]
The number of patient beds provided shall not
exceed eight beds per acre.
[3]
No building or parking area shall be located
nearer than 200 feet to any street or lot line.
[4]
The maximum height of all buildings shall not
exceed two stories and shall not exceed 25 feet.
[5]
The maximum FAR shall not exceed 0.10.
[6]
The maximum coverage of principal buildings
shall not exceed 10%.
[7]
The maximum coverage of accessory buildings
shall not exceed 1%.
[8]
The maximum coverage of impervious surfaces
shall not exceed 20%.
[9]
The maximum length of any building shall not
exceed 300 feet.
[10]
A minimum distance of 50 feet
shall be provided between all buildings, except that one-story enclosed
hallways at grade or below ground may be permitted to connect buildings.
[11]
If independent living facilities
are provided on the same lot or on an adjoining lot in conjunction
with a residential health care facility, the number of dwelling units
permitted as independent living facilities shall be twice the amount
otherwise permitted, except that the gross floor area of each individual
dwelling unit shall not exceed 1,000 square feet. The buffer area
of a planned unit development containing independent living facilities
may extend around an adjacent residential health care facility rather
than between the independent living facility lot and the residential
health care facility lot, so as to provide for a combined PUD/residential
health care facility buffer. The density calculation to determine
eligibility for a planned unit development shall include the additional
dwelling units obtained pursuant to this subsection.
[Amended 9-8-1994 by L.L. No. 7-1994]
[12]
The minimum distance between a proposed facility
subject to this section and lawfully existing or approved facilities
subject to this section, assisted living facilities, continuum of
care facilities, and continuing care retirement communities shall
be 4,000 linear feet, measured from the property line of the existing
or approved facility to the property line of the proposed facility.
[Added 10-14-2020 by L.L.
No. 7-2020]
[13]
Set- aside affordability information, regarding
a percentage of the convalescent homes, rest homes, nursing homes
or homes for the aged beds must be provided in connection with any
new application, for Town Board consideration of adequacy.
[Added 10-14-2020 by L.L.
No. 7-2020]
[14]
Information regarding lift policies, emergency
municipal EMS transport-only policies, and other similar policies
designed to not place an undue burden on applicable emergency providers
(Police and Fire), must be provided in connection with the application,
for Town Board consideration of adequacy. The presence of at least
one twenty-four-hour, seven-day-a-week licensed practitioner nurse
and/or registered nurse is required.
[Added 10-14-2020 by L.L.
No. 7-2020]
[15]
The property must be on a state roadway, other than parkways and interstate highways, with at least 100 feet of frontage thereon. The required street frontage provision established herein and in § 285-39C(9) may be waived by the Town Board when it can be demonstrated that a shared driveway for multiple uses on the state roadway will provide safe and efficient access, subject to approval by the New York State Department of Transportation, and required local land-use approvals, as applicable. Secondary emergency vehicular access must be provided, as approved by the New York State Department of Transportation.
[Added 10-14-2020 by L.L.
No. 7-2020]
[16]
Any such special permit issued hereunder shall
be subject to conditions that, in the exercise of the Town Board's
reasonable discretion, relate to a) preserving and protecting community
character; and b) preserving and protecting the environment.
[Added 10-14-2020 by L.L.
No. 7-2020]
(d)
Hospitals authorized by the Department of Health
of the State of New York, excluding hospitals with facilities for
correctional purposes, subject to the following:
[Added 10-14-1992 by L.L. No. 6-1992]
[1]
The minimum lot size shall be 10 acres.
[2]
No building or parking area shall be located
nearer than 200 feet to any street or lot line.
[3]
The number of patient beds provided shall not
exceed four beds per acre.
[4]
The maximum height of all buildings shall not
exceed two stories and shall not exceed 25 feet.
[5]
The maximum FAR shall not exceed 0.07.
[6]
The maximum coverage of principal buildings
shall not exceed 7%.
[7]
The maximum coverage of accessory buildings
shall not exceed 1%.
[8]
The maximum coverage of impervious surfaces
shall not exceed 20%.
[9]
The maximum length of all buildings shall not
exceed 300 feet per building.
[10]
A minimum distance of 50 feet
shall be provided between all buildings.
(f)
Assisted living facilities, after review and recommendation
by the Planning Board, by special permit granted from the Town Board,
subject to the following:
[Added 2-13-2013 by L.L. No. 1-2013]
[1]
The minimum lot size shall be four acres. The acreage of the
assisted living facility must have been under common ownership at
the effective date of Local Law No. 7-2020.[5]
[Amended 10-14-2020 by L.L. No. 7-2020]
[5]
Editor's Note: Section 8 of this local law states that it
is effective upon filing with the Secretary of State.
[2]
The number of beds provided shall not exceed 25 beds per acre.
[3]
No building shall be located less than 100 feet from any street
or lot line. Where topography and landscaping or other site conditions
provide adequate screening, the Town Board may reduce this setback
requirement no closer than 50 feet.
[4]
The maximum height of all buildings shall not exceed three stories
and shall not exceed 40 feet. Where topography and landscaping or
other site conditions provide adequate screening, the Town Board may
increase the maximum height to four stories, not exceeding 50 feet.
[5]
No parking area shall be located less than 50 feet from any
street or lot line. Where topography and landscaping or other site
conditions provide adequate screening, the Town Board may reduce this
setback requirement no closer than the corresponding setback of the
underlying zoning district.
[6]
The lot width will be determined by the underlying zoning district.
[7]
The maximum FAR shall not exceed 0.4.
[8]
The maximum coverage of principal buildings shall not exceed
12%.
[9]
The maximum coverage of accessory buildings shall not exceed
3%.
[10]
The maximum coverage of impervious surfaces shall
not exceed 40%.
[11]
The maximum length of any building shall not exceed
300 feet.
[12]
One loading berth per facility.
[Amended 10-14-2020 by L.L. No. 7-2020]
[13]
One-half off-street parking space must be provided
for each unit.
[14]
The property must be on a state roadway, other than parkways and interstate highways, with at least 100 feet of frontage thereon. The required street frontage provision established herein and in § 285-39C(9) may be waived by the Town Board when it can be demonstrated that a shared driveway for multiple uses on the state roadway will provide safe and efficient access, subject to approval by the New York State Department of Transportation, and required local land-use approvals, as applicable. Secondary emergency vehicular access shall be provided, subject to approval by the New York State Department of Transportation.
[Amended 10-14-2020 by L.L. No. 7-2020]
[15]
The applicant shall demonstrate that such facility
shall not have an adverse impact upon the Town.
[16]
The minimum distance between a proposed facility
subject to this section and lawfully existing or approved facilities
subject to this section, convalescent homes, rest homes, nursing homes
or homes for the aged, continuing care retirement communities, and
continuum of care facilities shall be 4,000 linear feet, measured
from the property line of the existing or approved facility to the
property line of the proposed facility.
[Added 10-14-2020 by L.L.
No. 7-2020]
[17]
Set-aside affordability information, regarding
a percentage of the assisted living facility beds must be provided
in connection with any new application, for Town Board consideration
of adequacy.
[Added 10-14-2020 by L.L.
No. 7-2020]
[18]
Information regarding lift policies, emergency
municipal EMS transport-only policies, and other similar policies
designed to not place an undue burden to applicable emergency providers
(Police and Fire), must be provided in connection with the application,
for Town Board consideration of adequacy. The presence of at least
one twenty-four-hour, seven-day-a-week licensed practitioner nurse
and/or registered nurse policies is required
[Added 10-14-2020 by L.L.
No. 7-2020]
[19]
Section 285-10A(4)(f)[14] shall not apply to assisted living facilities lawfully existing or approved prior to the effective date of Local Law No. 7-2020.
[Added 10-14-2020 by L.L.
No. 7-2020]
[20]
Any such special permit issued hereunder shall
be subject to conditions that, in the exercise of the Town Board's
reasonable discretion, relate to a) preserving and protecting community
character; and b) preserving and protecting the environment.
[Added 10-14-2020 by L.L.
No. 7-2020]
(g)
Continuing Care Retirement Communities, subject to the following:
[Added 12-21-1999 by L.L.
No. 7-2015]
[1]
The minimum lot size shall be 10 acres.
[2]
The number of Independent Living Units and Assisted Living Units
combined shall not exceed three times the number of units resulting
from dividing the lot area by the minimum lot size for the underlying
zoning of the parcel. The units shall be a mix of one- and two-bedroom
units and can be located in any combination of separate buildings
or combined with the common areas into a single structure.
[3]
Ancillary skilled nursing beds at a density of no more than
one bed per four independent housing units may be permitted as an
accessory use where permitted pursuant to the Certificate of Authority.
Such skilled nursing beds shall be in addition to any which may be
a part of a related residential health-care facility.
[4]
No building or off-street parking area shall be located nearer
than 75 feet to any street or lot line, except where adjacent to a
lot containing a residential health-care facility (nursing home) in
which case no building in the Continuing Care Retirement Community
shall be located nearer than 25 feet to such lot line.
[5]
The maximum height of all buildings shall not exceed 2 1/2
stories and 35 feet.
[6]
The maximum coverage of principal buildings shall not exceed
15%.
[7]
The maximum coverage of accessory buildings shall not exceed
2.5%.
[8]
The maximum FAR shall not exceed 0.18.
[9]
The maximum coverage of impervious surfaces shall not exceed
25%.[6]
[6]
Editor's Note: Former Subsection A(4)[g][10], requiring property
to be located on a state or county roadway, which immediately followed
this subsection, was repealed 10-14-2020 by L.L. No. 7-2020. This local law also
redesignated former Subsection A(4)[g][11] as Subsection A(4)[g][10].
[10]
Permitted accessory uses, which may be located
in the principal building or an accessory building, shall include
those typically appurtenant to such facilities, including, but not
limited to common dining, recreation, library and activity facilities,
swimming pools, resident services such as beauty salons and convenience
or gift shops primarily for the use of the residents and their guests,
support services, and related senior health-care uses including Adult
Day Health Care, and therapy and medical facilities.
[11]
The minimum distance between a proposed facility subject to this
section and lawfully existing or approved facilities subject to this
section, assisted living facilities, convalescent homes, rest homes,
nursing homes or homes for the aged, continuing care retirement communities,
and continuum of care facilities shall be 4,000 linear feet, measured
from the property line of the existing or approved facility to the
property line of the proposed facility.
[Added 10-14-2020 by L.L.
No. 7-2020]
[12]
Set-aside affordability information, regarding a percentage of the
continuing care retirement community beds must be provided in connection
with any new application, for Town Board consideration of adequacy.
[Added 10-14-2020 by L.L.
No. 7-2020]
[13]
Information regarding lift policies, emergency municipal EMS transport-only
policies, and other similar policies designed to not place an undue
burden on applicable emergency providers (Police and Fire), must be
provided in connection with the application, for Town Board consideration
of adequacy. The presence of at least one twenty-four-hour, seven-day-a-week
licensed practitioner nurse and/or registered nurse is required.
[Added 10-14-2020 by L.L.
No. 7-2020]
[14]
The property must be on a state roadway, other than parkways and interstate highways, with at least 100 feet of frontage thereon. The required street frontage provision established herein and in § 285-39C(9) may be waived by the Town Board when it can be demonstrated that a shared driveway for multiple uses on the state roadway will provide safe and efficient access, subject to approval by the New York State Department of Transportation, and required local land-use approvals, as applicable. Secondary emergency vehicular access shall be provided, subject to approval by the New York State Department of Transportation.
[Added 10-14-2020 by L.L.
No. 7-2020]
[15]
Any such special permit issued hereunder shall be subject to conditions
that, in the exercise of the Town Board's reasonable discretion, relate
to a) preserving and protecting community character; and b) preserving
and protecting the environment.
[Added 10-14-2020 by L.L.
No. 7-2020]
(h)
Continuum of care facility (CCF), after review and recommendation
by the Planning Board, by special permit granted from the Town Board,
subject to the following:
[1]
The minimum lot size shall be eight acres. The Town Board may
reduce the minimum lot size to five acres, where at least three additional
acres of contiguous open space or recreation area exists and is subject
to a conservation easement and restrictive covenant acceptable to
the Town Board is recorded with the County Clerk - Office of Land
Records. The location and type of contiguous open space or recreation
area and the terms of the conservation easement and restrictive covenant
shall be to the satisfaction of the Town Board. Up to three acres
of contiguous open space or recreation area pursuant to a conservation
easement may be utilized for bulk and dimensional standards of the
CCF site, when the Town Board reduces the minimum lot size below eight
acres. The acreage of a proposed CCF and the acreage of the contiguous
open space or recreation area, if applicable, must have been under
common ownership as of the effective date of L.L. No. 8-2020.
[2]
The use must be located on a property at least 4,000 feet from
any other property that is located within the Town of Greenburgh and
lawfully exists, or is approved, as an assisted living facility, an
independent living facility, a continuing care retirement community,
nursing home or continuum of care facility, measured from the nearest
property lines as shown on the official Tax Map of the Town of Greenburgh.
[3]
The property must be on a state roadway, other than parkways and interstate highways, with at least 100 feet of frontage thereon. The required street frontage provision established herein and in § 285-39C(9) may be waived by the Town Board when it can be demonstrated that a shared driveway for multiple uses on the state roadway will provide safe and efficient access, subject to approval by the New York State Department of Transportation, and required local land-use approvals, as applicable. Secondary emergency vehicular access must be provided, as approved by the New York State Department of Transportation.
[4]
The number of beds provided shall not exceed 25 beds per acre based on a minimum lot size of eight acres or, alternatively, based on a minimum lot size of five acres combined with at least three acres of contiguous open space or recreation area that is subject a conservation easement and restrictive covenant as provided in Subsection A(4)(h)[1] above.
[5]
No building shall be located less than 50 feet from any street or lot line, or conservation easement boundary, as set forth in § 285-10A(4)(h)[1].
[6]
The maximum height of all buildings shall not exceed three stories
and shall not exceed 40 feet. Where topography and landscaping or
other site conditions provide adequate screening, the Town Board may
increase the maximum height to four stories, not exceeding 55 feet.
[7]
No parking area shall be located less than 50 feet from any
street or lot line. Where topography and landscaping or other site
conditions provide adequate screening, the Town Board may reduce this
setback requirement no closer than the corresponding setback of the
underlying zoning district.
[8]
The maximum FAR shall not exceed 0.5.
[9]
The maximum coverage of principal buildings shall not exceed
16%.
[10]
The maximum coverage of impervious surfaces shall
not exceed 45%.
[11]
One loading berth per facility.
[12]
0.5 off-street parking space must be provided
for each unit.
[13]
Set-aside affordability information, regarding
a percentage of the assisted living facility and independent living
units must be provided in connection with the application, for Town
Board consideration of adequacy.
[14]
Information regarding lift policies, emergency
municipal EMS transport-only policies, and other similar policies
designed to not place an undue burden on applicable emergency providers
(Police and Fire), must be provided in connection with the application,
for Town Board consideration of adequacy. The presence of at least
one twenty-four-hour, seven-day-a-week licensed practitioner nurse
and/or registered nurse is required.
[15]
Any such special permit issued hereunder shall
be subject to conditions that, in the exercise of the Town Board's
reasonable discretion, relate to a) preserving and protecting community
character; and b) preserving and protecting the environment.
[16]
The applicant shall demonstrate that such facility
shall not have an adverse impact upon the Town.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 40,000 square feet, unless otherwise
specified.
(2)
Minimum lot width: 150 feet, unless otherwise specified.
(6)
Maximum height: 2 1/2 stories, not to exceed
30 feet. However, for all one-family dwellings on lots 80,000 square
feet or greater, the maximum height shall be 2 1/2 stories, not
to exceed 35 feet, provided that the following minimum yard requirements
are met:
[Amended 7-8-1987 by L.L. No. 3-1987; 5-22-2013 by L.L. No. 2-2013]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses. All uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses. All uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board. All uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 30,000 square feet, unless otherwise
specified.
(2)
Minimum lot width: 135 feet, unless otherwise specified.
(6)
Maximum height: 2 1/2 stories, not to exceed
30 feet. However, for all one-family dwellings on lots 80,000 square
feet or greater, the maximum height shall be 2 1/2 stories, not
to exceed 35 feet, provided that the following minimum yard requirements
are met:
[Amended 7-8-1987 by L.L. No. 3-1987; 5-22-2013 by L.L. No. 2-2013]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses. All uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses. All uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board. All uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 20,000 square feet, unless otherwise
specified.
(2)
Minimum lot width: 120 feet, unless otherwise specified.
(6)
Maximum height 2 1/2 stories, not to exceed 30
feet. However, for all one-family dwellings on lots 80,000 square
feet or greater, the maximum height shall be 2 1/2 stories, not
to exceed 35 feet, provided that the following minimum yard requirements
are met:
[Amended 7-8-1987 by L.L. No. 3-1987; 5-22-2013 by L.L. No. 2-2013]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except the following uses:
(1)
Principal uses. All uses permitted in the R-40 District, as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses. All uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses. All uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board. All uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the R-40 District, as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses. All uses permitted in the R-40 District, as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses. All uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board. All uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses. All uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses. All uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board. All uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses. All uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses. All uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board. All uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
[Added 11-14-2018 by L.L.
No. 11-2018]
A.
Permitted uses. No building or premises shall be used, and no building
shall be erected, altered or added to, unless otherwise provided in
this chapter, except for the following uses:
(1)
Principal uses.
(a)
All uses permitted in the R-40 District as specified in § 285-10A(1) of this chapter.
(b)
All Two-Family Residences either approved or lawfully existing
at the time of the enactment of this section.
(2)
Special permit uses: all uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses: all uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board: all uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
[Added 11-14-2018 by L.L.
No. 12-2018]
A.
Permitted uses. No building or premises shall be used, and no building
shall be erected, altered or added to, unless otherwise provided in
this chapter, except for the following uses:
(1)
Principal uses.
(a)
All uses permitted in the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses: all uses permitted in the R-40 District as specified in § 285-10A(2) of this chapter.
(3)
Accessory uses: all uses permitted in the R-40 District as specified in § 285-10A(3) of this chapter.
(4)
Uses under special permit by Town Board: all uses permitted in the R-40 District as specified in § 285-10A(4) of this chapter.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 5,000 square feet, unless otherwise specified;
6,000 square feet minimum for Two-Family; 2,000 square feet minimum
for Townhouse and Garden Apartments.
(2)
Minimum lot width: 50 feet, unless otherwise specified.
(6)
Maximum height: 2 1/2 stories, not to exceed 30 feet.
[Added 6-11-1986]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
One-family detached dwellings, in accordance with the R-10 District, as specified and regulated in § 285-14A(1) of this chapter.
(b)
Multifamily dwellings or groups of multidwellings.
The building length of any multifamily dwelling shall not exceed 140
feet.
(c)
Public parks, playgrounds or similar recreational
areas.
(d)
Firehouses, police stations or other public
safety uses operated by the Town of Greenburgh, Westchester County
or by any other governmental authority.
(e)
Other municipal buildings or uses operated by
the Town of Greenburgh.
(f)
Places of religious worship, including part-time religious schools and parish houses, rectories or parsonages in accordance with the provisions of the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses.
(a)
Private clubs, social clubs or lodges operated
by nonprofit membership corporations exclusively for members and their
guests, including ice-skating, tennis, swimming and similar facilities,
subject to the following:
[1]
The minimum lot size shall be two acres.
[2]
No building and no area designated for recreation
shall be located nearer than 100 feet to any street or lot line, except
that, where the adjacent properties have not been substantially developed
for residential purposes and are not reasonably susceptible to future
residential development, courts for tennis, badminton, lawn bowling
and similar recreational uses which are unilluminated and designed
for daylight use only and have no facilities for spectators may be
located less than 100 feet from any lot line or street line, but in
no event less than 25 feet therefrom.
[3]
The State and County Departments of Health shall
certify that said clubs are in compliance with all respective codes
and regulations to which they have jurisdiction.
(b)
Privately operated nursery schools and day-care centers in accordance with and regulated by the provisions of the R-40 District as specified in § 285-10A(2)(e) and § 285-10A(4)(e).
[Amended 10-8-1997 by L.L. No. 10-1997]
(3)
Accessory uses.
(a)
For single-family dwellings or for uses permitted in any single-family district, any accessory use permitted and regulated in the R-10 District as specified in § 285-14A(3) of this chapter.
(b)
For multifamily dwellings, the following accessory
uses are permitted:
[1]
Professional offices as permitted and limited in § 285-36 of this chapter.
[Amended 9-13-1995 by L.L. No. 10-1995]
[2]
Off-street parking, including an accessory private garage within, under, directly connected to or separated from the principal building to which it is accessory, provided that it complies with the requirements of § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[3]
Private swimming pools and tennis courts, provided that any such use, wherever located on the premises, shall be completely enclosed by a security fence and shall comply with all requirements as set forth in § 285-36 of this chapter.
[4]
The keeping of not more than two dogs or cats
over the age of six months.
[5]
Accessory signs, subject to the applicable provisions
of the Sign and Illumination Law of the Town of Greenburgh.
[6]
Other customary accessory uses, provided that
said uses are incidental to the principal use and further provided
that said use shall not include any activity conducted as a business.
[7]
Common dining, laundry, security and housekeeping
facilities, principally for the use of residents, in conjunction with
dwelling units occupied as independent living facilities.
[Added 10-14-1992 by L.L No. 6-1992]
(c)
Suitable open space. On the same lot with any
multifamily dwelling hereafter erected, there shall be provided as
a required accessory use an area or areas containing not less than
100 square feet of suitable open space for each bedroom contained
in such multifamily dwelling, but not less than 200 square feet per
dwelling unit contained in said development.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
One-family detached dwellings, in accordance with the R-10 District, as specified and regulated in § 285-14A(1) of this chapter.
(b)
Multifamily dwellings or groups of multifamily
dwellings. The building length of any multifamily dwelling shall not
exceed 180 feet.
(c)
Public parks, playgrounds or similar recreational
areas owned or operated by a governmental authority.
[Amended 7-8-1987 by L.L. No. 3-1987]
(d)
Firehouses, police stations or other public
safety uses operated by the Town of Greenburgh, Westchester County,
or by any other governmental authority.
(e)
Other municipal buildings or uses operated by
the Town of Greenburgh.
(f)
Places of religious worship, including part-time religious schools and parish houses, rectories or parsonages, in accordance with the provisions of the R-40 District as specified in § 285-10A(1) of this chapter.
(2)
Special permit uses.
(a)
Private clubs, social clubs or lodges operated
by nonprofit membership corporations exclusively for members and their
guests, including ice-skating, tennis, swimming and similar facilities,
subject to the following:
[1]
The minimum lot size shall be two acres.
[2]
No building and no area designated for recreation
shall be located nearer than 100 feet to any street or lot line, except
that, where the adjacent properties have not been substantially developed
for residential purposes and are not reasonably susceptible to future
residential development, courts for tennis, badminton, lawn bowling
and similar recreational uses, which are unilluminated and designed
for daylight use only and have no facilities for spectators, may be
located less than 100 feet from any lot line or street line, but in
no event less than 25 feet therefrom.
[3]
The State and County Departments of Health shall
certify that said clubs are in compliance with all respective codes
and regulations to which they have jurisdiction.
(b)
Roomers and boarders shall be prohibited except in detached single-family dwellings pursuant to the provisions of § 285-10A(2)(g).
[Amended 1-22-1986]
(c)
Privately operated nursery schools and day-care centers in accordance with and regulated by the provisions of the R-40 District as specified in § 285-10A(2)(e) and § 285-10A(4)(e).
[Amended 10-8-1997 by L.L. No. 10-1997]
(3)
Accessory uses.
(a)
For single-family dwellings or for uses permitted in any single-family district, any accessory use permitted and regulated in the R-10 District as specified in § 285-14A(3) of this chapter.
(b)
For multifamily dwellings, the following accessory
uses are permitted:
[1]
Professional offices as permitted and limited in § 285-36 of this chapter.
[Amended 7-8-1987 by L.L. No. 3-1987; 9-13-1995 by L.L. No. 10-1995]
[2]
Off-street parking, including an accessory private garage within, under, directly connected to or separated from the principal building to which it is accessory, provided that it complies with the requirements of § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[3]
Private swimming pools and tennis courts, provided that any such use, wherever located on the premises, shall be completely enclosed by a security fence and shall comply with all requirements as set forth in § 285-36 of this chapter.
[4]
The keeping of not more than two dogs or cats
over the age of six months.
[5]
Accessory signs, subject to the applicable provisions
of the Sign and Illumination Law of the Town of Greenburgh.
[6]
Other customary accessory uses, provided that
said uses are incidental to the principal use, and further provided
that said use shall not include any activity conducted as a business.
[7]
Antennas subject to the conditions set forth in § 285-37 of this chapter.
[Added 11-14-1984; amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[8]
Common dining, laundry, security and housekeeping
facilities, principally for the use of residents, in conjunction with
dwelling units occupied as independent living facilities.
[Added 10-14-1992 by L.L. No. 6-1992]
(c)
Suitable open space. On the same lot with any
multifamily dwelling hereafter erected, there shall be provided as
a required accessory use an area or areas containing not less than
75 square feet of suitable open space for each bedroom contained in
such multifamily dwelling, but not less than 150 square feet per dwelling
unit contained in said development.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 4,000 square feet per dwelling unit,
unless otherwise specified.
(2)
Minimum lot width: none specified.
(3)
Maximum coverage:
|
Type of Building
|
Two-Story Buildings
|
Three-Story Buildings
|
|---|---|---|
|
Principal building
|
14.4%
|
9.6%
|
|
Accessory building(s)
|
5.6%
|
5.4%
|
|
All buildings
|
20%
|
15%
|
|
Impervious surfaces
[Added 7-8-1987 by L.L. No. 3-1987] |
39%
|
34%
|
(4)
Minimum yards, unless otherwise specified:
|
Type of Building
|
Two-Story Buildings
|
Three-Story Buildings
|
|---|---|---|
|
Front
|
50
|
60
|
|
1 side
|
50
|
60
|
|
2 sides
|
100
|
120
|
|
Rear
|
55
|
60
|
|
All yards must comply with § 285-39 of this chapter.
|
(6)
Maximum height: three stories, not to exceed 38 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the M-10 Multifamily Residence District, as specified in § 285-18A(1) of this chapter.
(2)
Special permit uses. All special permit uses in the M-10 Multifamily Residence District, as specified in § 285-18A(2) of this chapter.
(3)
Accessory uses. All accessory uses permitted and regulated in the M-10 Multifamily Residence District, as specified in § 285-18A(3) of this chapter.
B.
Lot and bulk regulations shall be as follows:
(1)
Minimum lot area: 3,000 square feet per dwelling unit,
unless otherwise specified.
(2)
Minimum lot width: none specified.
(3)
Maximum coverage:
|
Type of Building
|
Two-Story Buildings
|
Three- Story Buildings
|
|---|---|---|
|
Principal building
|
18.3%
|
12.2%
|
|
Accessory building(s)
|
6.7%
|
6.8%
|
|
All buildings
|
25%
|
19%
|
|
Impervious surfaces
[Added 7-8-1987 by L.L. No. 3-1987] |
49%
|
43%
|
(4)
Minimum yards, unless otherwise specified:
|
Type of Building
|
Two-Story Buildings
|
Three-Story Buildings
|
|---|---|---|
|
Front
|
40
|
45
|
|
1 side
|
40
|
45
|
|
2 sides
|
80
|
90
|
|
Rear
|
40
|
45
|
|
All yards must comply with § 285-39 of this chapter.
|
(6)
Maximum height: three stories, not to exceed 38 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the M-10 Multifamily Residence District, as specified in § 285-18A(1) of this chapter.
(2)
Special permit uses. All special permit uses in the M-10 Multifamily Residence District, as specified in § 285-18A(2) of this chapter.
(3)
Accessory uses. All accessory uses permitted and regulated in the M-10 Multifamily Residence District, as specified in § 285-18A(3) of this chapter.
B.
Lot and bulk regulations shall be as follows:
(1)
Minimum lot area: 2,000 square feet per dwelling unit,
unless otherwise specified.
(2)
Minimum lot width: none specified.
(3)
Maximum coverage:
|
Type of Building
|
Two-Story Buildings
|
Three-Story Buildings
| |
|---|---|---|---|
|
Principal building
|
26.1%
|
17.2%
| |
|
Accessory building(s)
|
9.9%
|
9.8%
| |
|
All buildings
|
36.0%
|
27.0%
| |
|
Impervious surfaces
[Added 7-8-1987 by L.L. No. 3-1987] |
67.5%
|
58.5%
|
(4)
Minimum yards, unless otherwise specified:
|
Type of Building
|
Two-Story Buildings
|
Three-Story Buildings
| |
|---|---|---|---|
|
Front
|
40
|
45
| |
|
1 side
|
40
|
45
| |
|
2 sides
|
80
|
90
| |
|
Rear
|
40
|
45
|
|
All yards must comply with § 285-39 of this chapter.
| |||
(6)
Maximum height: three stories, not to exceed 38 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the M-10 Multifamily Residence District, as specified in § 285-18A(1) of this chapter.
(2)
Special permit uses. All special permit uses in the M-10 Multifamily Residence District, as specified in § 285-18A(2) of this chapter.
(3)
Accessory uses. All accessory uses permitted and regulated in the M-10 Multifamily Residence District, as specified in § 285-18A(3) of this chapter.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 1,750 square feet per dwelling unit,
unless otherwise specified.
(2)
Minimum lot width: none specified.
(6)
Maximum height: six stories, not to exceed 68 feet;
except that the height of accessory buildings shall be limited to
one story, not to exceed 12 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the M-10 Multifamily Residence District, as specified in § 285-18A(1) of this chapter.
(2)
Special permit uses. All special permit uses in the M-10 Multifamily Residence District, as specified in § 285-18A(2) of this chapter.
(3)
Accessory uses.
(a)
All accessory uses permitted and regulated in the M-10 Multifamily Residence District, as specified in § 285-18A(3) of this chapter.
(b)
On lots abutting a street having width of not
less than 100 feet, the following uses are permitted, subject to the
issuance of special permit and subject to the conditions set forth
below and to the requirement that a fifteen-foot landscaped strip
is provided between the street line and any pavement or parking area:
[1]
Business, professional or banking offices.
[2]
Restaurants, but not including diners or similar
structures or outdoor counter service or drive-in or curb service,
but such prohibition shall not prevent service at table on a covered
or uncovered terrace or porch incident to a permitted restaurant;
provided, however, that no such restaurant shall remain open after
11:00 p.m.
(c)
Suitable open space. On the same lot with any
multifamily dwelling hereafter erected, there shall be provided as
a required accessory use an enclosed area or areas containing not
less than 50 square feet of suitable open space for each bedroom contained
in such multifamily dwelling, but not less than 100 square feet per
dwelling unit.
[Amended 7-8-1987 by L.L. No. 3-1987]
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 250 square feet per dwelling unit,
unless otherwise specified.
(2)
Minimum lot width: none specified.
(6)
Maximum height: six stories, not to exceed 68 feet;
except that the height of accessory buildings shall be limited to
one story, not to exceed 12 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
[Added 9-27-2017 by L.L.
No. 4-2017]
A.
Approving Agency. The approving agency for corresponding site plans shall be consistent with provisions established in § 285-53.
B.
Permitted uses. No building or premises shall be used and no building
shall be erected, altered or added to unless otherwise provided in
this chapter. except for the following uses:
(2)
Accessory Uses.
(a)
Professional offices in connection with the Multifamily Senior Housing development as permitted and limited in § 285-36 of this chapter.
(c)
Common dining, recreation facilities/spaces, community rooms,
laundry, security and housekeeping facilities, solely for the use
of residents.
(d)
One accessory unit for occupancy by building maintenance.
(e)
Private swimming pools and tennis courts. provided that any such use. wherever located on the premises. shall be completely enclosed by a security fence and shall comply with all requirements as set forth in § 285-36 of this chapter.
(h)
Suitable open space shall be provided at a minimum of 75 square
feet of suitable open space for each bedroom contained in the multifamily
development, but not less than 150 square feet for each dwelling unit
contained in said development.
C.
Lot and bulk requirements shall be as follows:
(1)
Maximum density: 35 bedrooms per acre.
(2)
Minimum Lot Size: two acres.
(3)
Minimum lot width: none specified.
(7)
Maximum height. The maximum height of all buildings shall not
exceed 2 1/2 stories and shall not exceed 30 feet. Where topography
and landscaping or other on-site or adjacent conditions provide adequate
screening. the Town Board may increase the maximum height to three
or four stories, not exceeding 50 feet.
A.
Permitted uses. No building shall be used and no building
shall be erected, altered or added to unless otherwise provided in
this chapter, except for the following uses:
(2)
Special permit uses. Any special permit use as permitted and regulated in § 285-10A(2) herein.
[Amended 7-8-1987 by L.L. No. 3-1987]
(3)
Accessory uses.
(b)
For a multifamily dwelling or group of dwellings,
the following accessory uses are permitted:
[1]
Recreation areas and park areas.
[2]
Accessways.
[3]
An identification sign not exceeding four square
feet in area adjacent to each entrance to a multifamily dwelling or
group of dwellings, which sign shall evidence and be fully consistent
with the residential character, architectural styling and geographical
siting of such housing facilities; provided, however, that nowhere
on said sign, nor in conjunction therewith, shall there appear any
reference, description or any other indicia, direct or indirect, whether
by name, number or otherwise, to the Greenburgh Housing Authority
(or successor agency thereto), to any public officials nor to any
board, body, commission, or instrumentality of the Town or any other
governmental agency, whether local, state or federal, and which sign
shall be a nonilluminated sign and in all respects be subject to the
applicable provisions of the Sign and Illumination Law[1] of the Town of Greenburgh, except where this provision
is in conflict with any applicable state or federal regulation.
[4]
Off-street parking.
[5]
Service areas necessary to the dwelling or dwellings
on the lot.
[6]
The keeping of not more than two dogs or cats
over the age of six months.
(c)
Suitable open space. On the same lot with any
multifamily dwelling or group of dwellings hereafter erected, there
shall be provided as a required accessory use a recreation area or
areas containing not less than 75 square feet for each bedroom contained
in such multifamily dwelling or dwellings, but not less than 150 square
feet per dwelling unit contained in said development.
B.
Lot and bulk requirements shall be as follows:
(2)
Minimum lot width: no minimum specified.
(3)
Maximum coverage:
|
Type of Building
|
Public Housing Projects of 15 Units or
Fewer
|
Public Housing Projects of 16 to 25 Units
|
|---|---|---|
|
Principal building
|
11.5%
|
8.5%
|
|
Accessory building
|
4.5%
|
3.5%
|
|
All buildings
|
16%
|
12%
|
|
Impervious surfaces
[Added 7-8-1987 by L.L. No. 3-1987] |
30%
|
25%
|
(6)
Maximum height: two stories, not to exceed 25 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
[Amended 4-8-1981; 3-24-1982; 7-14-1982; 2-22-1984]
A.
Statement of intent and objectives.
(1)
It is the intent of this Planned Unit Development
(PUD) District to provide performance criteria in the context of flexible
use and design regulations so that self-contained residential neighborhoods
of varying scales may be developed, incorporating a variety of residential
types and related nonresidential uses and containing both individual
building sites and common property which are planned and developed
as a unit.
(2)
Where planned unit development techniques are deemed
appropriate, the rezoning of land to a Planned Unit Development District
by the Town Board replaces the use and dimensional specifications
contained elsewhere in this chapter by an approval process in which
an approved plan becomes the basis for continuing land use controls
during the development period and thereafter.
(3)
Among the objectives which should be achieved through
use of the planned unit development technique are the following:
(a)
The creative use of land so as to establish
a more desirable living environment than would be possible through
the strict application of other sections of this chapter.
(b)
The preservation of water bodies, wetlands,
steep slopes, hilltops, ridgelines, major stands of trees, outstanding
natural topography, significant geological features and other areas
of scenic and ecological values and the prevention of soil erosion
and the minimization of flood hazard.
(c)
An efficient use of the land so as to facilitate
the adequate and economical provision and maintenance of streets and
drainage facilities for future residential developments on the major
remaining undeveloped lands in the Town so as to promote the public
health, safety and welfare and minimize potential pollution hazards.
(d)
Innovation, flexibility and variety in the type,
design and layout of residential housing so as to permit greater variety
in the choice of housing type, living environment, occupancy tenure
and housing cost.
(e)
The maximum provision of community, recreational
and other service facilities as integral parts of newly constructed
residential communities.
(f)
A development pattern in harmony with the planning
objectives of the Town.
B.
Development standards and general requirements.
(1)
Use and density standards.
(a)
Minimum site area. The minimum site area for a planned unit development shall be a parcel of land adequate in size to accommodate 50 dwelling units, as determined in accordance with the provisions for establishing density as set forth in § 285-24B(1)(e) hereof, but in no case shall the minimum site area be less than 15 acres.
(b)
Ownership. The land proposed for a planned unit
development may be owned by one or more persons or corporations but
shall be combined into a single contiguous parcel of land at or prior
to the time of application to the Town Board. The application shall
be jointly submitted by all owners and, if approved, shall be jointly
binding on all of them.
(d)
Permitted accessory uses.
[1]
Accessory uses permitted in the R-10 District as specified in § 285-14A(3) of this chapter.
[2]
Other accessory uses specifically related to the planned unit development, including but not limited to storage and maintenance buildings, recreation buildings and uses, clubhouses, management offices and utility structures serving the planned unit development. Antenna(s), where permitted, shall comply with the conditions set forth in § 285-37 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[3]
Common dining, laundry, security and housekeeping
facilities, principally for the use of residents, in conjunction with
dwelling units occupied as independent living facilities.
[Added 10-14-1992 by L.L. No. 6-1992]
(e)
Residential density and standards.
[1]
Density. The maximum number of dwelling units
in a planned unit development shall be determined by dividing the
total land area by the normally required minimum lot size for the
zoning district in which it is located and subtracting 25%.
[Amended 12-10-1985]
[2]
Building types. The type of residential dwelling
units permitted with a planned unit development shall be detached,
semidetached and/or attached buildings and shall be subject to the
conditions set forth below.
[3]
Landscaped open spaces.
[a]
Landscaped open spaces or open
areas left substantially in their natural state shall be provided
at a ratio of not less than 500 square feet of open space for every
bedroom proposed in the planned unit development. Under site plan
approval, the Planning Board may require that as much as 20% of the
total gross acreage of such open space be provided in the form of
suitable open space.
[b]
A portion of the open space may
be required by the Planning Board for active recreational uses for
the residents and guests of a planned unit development. The size,
shape, access, location, buffer and uses of such area shall be determined
by the Planning Board during planned unit development review, site
plan review or both.
[4]
Distance between principal buildings. At a minimum,
the distance between principal buildings shall be not less than the
average height of principal buildings; except when principal buildings
are single-family detached dwellings, the distance between principal
buildings shall be no less than 15 feet.
[Amended 6-11-1997 by L.L. No. 7-1997]
[5]
Buffer areas.
[Amended 6-11-1997 by L.L. No. 7-1997]
[a]
A buffer area shall be provided
along the property line of the planned unit development, including
all street lines. The buffer shall be a minimum of 75 feet in depth,
except when the planned unit development is comprised of single-family
detached homes; in which instance, the minimum depth shall be 25 feet;
however, no building shall be closer than 50 feet to the PUD property
line. When a PUD is comprised of both single-family and multifamily
homes, a twenty-five-foot buffer will be required where the single-family
homes abut property outside the PUD, and a seventy-five-foot buffer
will be required where multifamily homes abut property outside the
PUD. The buffer shall be measured inward from the property line and
shall be suitably landscaped with grass and shrubs, trees or other
ground cover or such screening as the Planning Board may prescribe.
No parking area and no principal or accessory building or use shall
be located in the buffer area, but accessways serving the planned
unit development shall be permitted.
[b]
The Planning Board may require
increased perimeter setbacks beyond that required by § 285-24B(1)(e)[5][a],
above, whenever it determines that they are warranted by the topography,
the nature of the existing vegetation or the relationship to and impact
on neighboring properties and land uses.
(g)
Design considerations. The following design
elements shall be considered by the Planning Board in addition to
the specific provisions of the land subdivision regulations and the
normal factors examined in the development plan review:
[1]
Visual privacy shall be assured for residents
of the planned unit development through the proper design of rear
yards and/or patio spaces. Proper screening through the use of vegetation,
fencing and partially or fully enclosed patios shall be provided.
[2]
Audio privacy shall be maintained by requiring
proper standards for party walls that will satisfactorily limit sound
transmission between adjoining dwelling units. Such standards shall
be to the satisfaction of the Building Inspector.
[3]
A maximum of six dwelling units may be permitted
in any single grouping of attached dwellings.
[4]
Any building or accessory building shall be
set back a minimum of 25 feet from any principal interior planned
unit development street intended to carry through traffic and not
to provide direct access to buildings.
(2)
Common property.
(a)
Common property in a planned unit development
is a parcel or parcels of land, together with all improvements thereon,
the use and enjoyment of which shall be preserved by a right and easement
of use and enjoyment thereto, which right and easement shall be appurtenant
to and pass with the title to each dwelling unit, whether such title
be in fee simple absolute or represented by shares in a cooperative
organization. If any portion of land comprising the common property
is, prior to April 8, 1981, being used by a membership club, such
use by such membership club, including nonowner/nonoccupant members
thereof, may be permitted, provided that:
[1]
Owners and occupants of the individual dwelling
units are offered automatic admittance to the membership club on an
equal basis and status with the nonowner/nonoccupant members; and
[2]
The rules, regulations and bylaws of such membership
clubs shall comply with all applicable state and local laws prohibiting
discrimination.
(b)
Homeowners' association. Where common property
exists, the ownership, maintenance and preservation of such property
shall be permanently assured to the satisfaction of the Planning Board
by the filing of appropriate easements, covenants and restrictions
and through a private land trust or association of all property owners
(hereafter "homeowners' association" or "HOA") established in accordance
with applicable law and pursuant to the following requirements:
[1]
The HOA certificate of incorporation, the bylaws
and the organization's declaration of restrictions must be submitted
to the office of the Town Attorney and the Planning Board for approval
before final site plan approval may be granted. They shall clearly
provide:
[a]
That the HOA will take responsibility
for all insurance, taxes, governmental assessments, utility costs,
maintenance, operation, repair and the management of the common property,
including recreational facilities and other amenities.
[b]
That a capital reserve fund for
future major maintenance and repair will be created.
[c]
That homeowners will be gradually
exposed to and begin to participate in the management obligations
of the HOA well in advance of their majority control thereof.
[d]
That the assessments levied by
the HOA against each unit owner will be determined by taking into
account actual costs of insurance, maintenance, management, taxes
and other governmental and utility assessments.
[e]
What the initial developer's contribution
will be and how it is to be arrived at up through the time of homeowner
control.
[f]
That the assessments should be
at all times accurate reflections of all costs referable to the common
property.
[g]
That membership in the HOA will
be mandatory for all unit owners within the planned unit development.
[h]
That the assessments levied by
the HOA which are unpaid in excess of 60 days shall become both a
lien on each individual title and a personal obligation against each
unit owner.
[2]
The HOA must be formed prior to the issuance
of a building permit for the first dwelling unit. The HOA must be
formed pursuant to the applicable regulations promulgated by the New
York State Attorney General's Office, as set forth herein. The HOA
must be formed as either a homeowners' association pursuant to Title
13 of the New York Codes, Rules and Regulations, Part 22; a condominium
pursuant to Title 13 of the New York Codes, Rules and Regulations,
Part 20; or a cooperative pursuant to Title 13 of the New York Codes,
Rules and Regulations, Part 21. All requirements in this chapter for
HOAs shall be equally applicable to homeowners' associations, condominiums
and cooperatives.
[Amended 5-8-1985]
[3]
Where there is to be a lease of any portion
of the common property, it must be submitted for approval to the office
of the Town Attorney and the Planning Board, which will examine the
relationship of the lease to the HOA with regard to rights of use
and access by the unit owners in and to the common property.
[4]
The developer shall convey unencumbered title
to the common property in fee simple absolute to the HOA when the
first unit is conveyed and shall send a copy of the recorded common
property deed to the Planning Board, the office of the Town Attorney
and the Assessor.
[5]
The developer shall relinquish control of the
HOA to the unit owners no later than the earlier of three years after
the conveyance of the first unit or after 50% of the units are conveyed.
[6]
The HOA shall not be dissolved.
[7]
The HOA shall not dispose of or convey any common
property for any uses other than those specified in the approved planned
unit development site plan and as amended.
(c)
Planned unit development deed restrictions.
[1]
The developer shall, prior to final approval
and as a condition thereof, designate common property. The common
property shall consist of all land contained within the planned unit
development which is not to be developed for residential units. Such
areas shall include but not be limited to all roadways, recreation
facilities, common accessways, buffer zones and open space areas within
the planned unit development and shall be duly noted as such on the
site plan map filed prior to site plan approval, which map shall also
include a separate listing of all site plan approval conditions. The
filed map shall be referred to by its filing number in the deed restriction
and incorporated by reference therein.
[2]
As a future condition of approval, the Town
Board shall require that any deed granted by the developer with respect
to the residential units in the planned unit development shall contain
a clause or clauses which create permanent rights of use and enjoyment
in the designated common property and easements for the same which
shall be appurtenant to each unit and benefit the owners thereof.
[3]
In addition, each deed granted by the developer
shall contain a restrictive covenant, in recordable form satisfactory
to the office of the Town Attorney, restricting the disposal or conveyance
of the common property for any purpose other than those specified
in the approved planned unit development site plan. The covenants
as set forth above shall inure to the benefit of each individual purchaser
of a residential unit within the planned unit development and shall
further name the Town of Greenburgh as third-party beneficiary for
enforcement purposes and shall prohibit the extinguishment of said
covenants.
[4]
The Town's emergency maintenance rights in and to the common property as described in § 285-24B(2)(d) shall also be included in the deed restriction.
[5]
All mortgages, leases and similar encumbrances
on the common property shall be subordinate to the deed restrictions
and shall be reviewed by the office of the Town Attorney to assure
that they are actually subordinate thereto. In order to facilitate
this review, the developer shall submit a full title report on the
premises to the office of the Town Attorney when the site plan application
is submitted.
[6]
Prior to final site plan approval, the developer
shall file a separate declaration of restrictions, thus encumbering
the common property in the planned unit development coincident with
final site plan approval and prior to any development thereon. In
the event that the developer is a contract vendee for all or part
of the site, such declaration of restrictions shall be filed simultaneously
with the title closing on the site or part thereof.
[7]
The permanent rights of use and access and the
restrictive covenants described herein shall run with the land, and
no site plan shall be approved by the Planning Board without the prior
approval of the language and form of all documents describing such
rights, covenants and restrictions by the office of the Town Attorney.
(d)
Town's emergency maintenance rights.
[1]
In the event that the HOA established to own
and maintain common property, or any successor organization, shall
at any time after establishment of the planned unit development fail
to maintain the common property in reasonable order and condition
in accordance with the plan, the Town of Greenburgh may serve written
notice upon such organization or upon the residents and the owners
of the planned unit development, setting forth the manner in which
the organization has failed to maintain the common property in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 30 days thereof and shall state the
date and place of a hearing thereon which shall be held within 14
days of the notice. At such hearing, the Town of Greenburgh may modify
the terms of the original notice as to the deficiencies and may give
an extension of time within which they shall be cured. If the deficiencies
set forth in the original notice or in the modifications thereof shall
not be cured within said 30 days of any extension thereof, the Town,
in order to preserve the taxable values of the properties within the
planned unit development and to prevent the common property from becoming
a public nuisance, may enter upon said common open space and maintain
the same for a period of one year. Said entry and maintenance shall
not vest in the public any rights to use the common open space except
when the same is voluntarily dedicated to the public by the residents
and owners and accepted by the Town Board after public hearing thereon.
Before the expiration of said year, the municipality shall, upon its
initiative or upon request of the organization theretofore responsible
for the maintenance of the common property, call a public hearing
upon notice to such organization or to the residents and owners of
the planned unit development to be held by the Town, at which hearing
such organization or the residents and owners of the planned unit
development shall show cause why such maintenance by the Town of Greenburgh
shall not, at the election of the Town of Greenburgh, continue for
the succeeding year. If the Town shall determine that such organization
is ready and able to maintain said common property in reasonable condition,
it shall cease to maintain said common property at the end of said
year. If the Town shall determine such organization is not ready and
able to maintain said common property, it may continue to maintain
said property for the next succeeding year, subject to a similar hearing
and determination in each year thereafter.
[2]
The cost of such maintenance by the Town shall
be assessed, equally, against the properties within the planned unit
development that have a right to enjoyment of the common property
and shall become a tax lien on said properties. The municipality,
at the time of entering upon said common property for the purpose
of maintenance, shall file a notice of such lien in the office of
the County Clerk upon the properties affected by such lien within
the planned unit development.
(3)
Site and structure requirements.
(a)
Natural features, such as streams, rock outcrops,
topsoil, trees and shrubs shall be preserved and incorporated in the
landscaping of the development.
(b)
Where adequate surface drainage is not possible
by grading alone, a supplementary drainage system, approved by the
Town of Greenburgh, shall be required.
(c)
To improve the quality of the environment and
to reduce inconvenience during bad weather, all electrical and telephone
distribution lines shall be installed underground.
(d)
Minimum lot size or frontages, building dimensions,
shape and location and maximum percentage of coverage are not specified
herein. In reviewing any application for a planned unit development,
the Planning Board shall be guided by standards set elsewhere in this
chapter for comparable uses and by common good planning practice to
the extent that the resulting development shall be compatible with
the surroundings and to assure the stability of the uses proposed
to be developed on the site.
(e)
No structure shall exceed 2 1/2 stories
and 25 feet in height.
(f)
The right-of-way and pavement widths for internal
roads shall be determined from sound planning and engineering standards
to be adequate and sufficient in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of fire-fighting
equipment and police or emergency vehicles. The pavement of said roads
shall be not less than 24 feet wide. All streets shall be subject
to all other applicable Town ordinances.
(g)
The developer shall provide all necessary fire
hydrants, refuse disposal facilities, water and sewer facilities,
storm drainage, paved road access, paved parking and loading facilities
and off-street lighting, making reasonable provision for utility service
connections with adjoining properties in other ownerships.
(h)
Parking and loading areas, refuse disposal facilities
and other accessory uses within the planned unit development shall
be located so as to be compatible with nearby residential uses. Such
uses shall be adequately screened and buffered where adjacent to residential
development.
(i)
All utilities and drainage facilities shall
be built to the satisfaction of the Town Engineer.
C.
Performance guaranty. The Planning Board may require
that public improvements, recreational facilities and landscaping
be secured by a performance guaranty in the same manner as prescribed
in the Town subdivision regulations. Utilities, drainage facilities
and roadways shall also be subject to performance guaranties if the
Planning Board makes a written determination that it will be in the
public interest to do so.
D.
Application procedure and approval process.
(1)
Application for zoning change to PUD. Petition for a zoning change to permit a planned unit development shall be made to the Town Board of the Town of Greenburgh in accordance with Article IX of this chapter. The Town Board shall, upon receipt of said petition, refer the planned unit development request to the Planning Board for a report and recommendation in accordance with procedures as established in Subsection D(4) of this section.
(2)
Application for sketch plan approval. In order to allow the Planning Board and the developer to reach an understanding on the basic design requirements, the developer shall submit a sketch plan of this proposal to said Board. The sketch plan shall be drawn to scale, though it need not be to the precision of a finished engineering drawing or a site plan. Said sketch plan shall include all items listed in Subsection D(2)(a) below:
(a)
Once the number of dwellings has been determined pursuant to Subsection B(1)(e)[1], the developer shall submit the following sketch plan elements:
[1]
The disposition of various land uses and the
areas covered by each, in acres.
[2]
The outline of the interior road system of all
existing and proposed rights-of-way and easements, whether public
or private.
[3]
Delineation of the various residential areas,
indicating the number of dwelling units and bedrooms by each housing
type (one-family detached and semidetached, townhouse and garden apartments),
plus a calculation of the net density, in dwelling units per acre,
for each residential area.
[4]
The interior common open space system and a
statement as to how said system is to be preserved as such throughout
the life of the planned unit development and how it is to be owned
and maintained.
[5]
An illustrative site plan, indicating the relationship
between the proposed road system, parking lots, buildings and open
spaces.
[6]
The proposed water, storm and sanitary sewer
systems and how they are proposed to be connected to the system of
adjoining areas.
[7]
Environmental characteristics of the planned
unit development, including topography, areas of slope in excess of
20%, soils, rock outcrops, streams, swamps, lakes, ponds and other
wetlands and all proposed alterations of said environmental characteristics.
[8]
Estimates of the school-age population supported
by relevant criteria in the community, if available, or the county,
and the possible allocation of school children to existing and any
proposed schools.
[9]
Estimates of peak-hour traffic generation derived
from the proposed development and its relation to surrounding development
and its relation to surrounding roads and intersections, including
methods developed for alleviating traffic problems.
[10]
If the development is to be staged,
a clear indication of how the staging is to proceed. The sketch plan
shall show each stage of development with the dates of anticipated
commencement and completion of the same. The site plan shall set forth
the finalized stages with dates.
[11]
Evidence of how the proposal would
meet the official planning objectives of the Town of Greenburgh.
(b)
Every application for a planned unit development shall be accompanied by a fee as set forth in Chapter 230 of the Code of the Town of Greenburgh, Fees. The applicant shall also be required to bear the expense of any technical assistance which the Town deems necessary to assist in the review of technical aspects of the planned unit development up to a maximum of $100 per acre of land within the planned unit development.
(c)
The Planning Board, with the assistance of the
Town Department of Community Development and Conservation and Department
of Public Works, shall review the sketch plan and all related documents
and shall render either a favorable report to the Town Board or an
unfavorable report to the Town Board and applicant. The Planning Board
may, at its discretion, recommend conditions or improvements in the
sketch plan for review by the Town Board in its decision as to the
appropriateness of the rezoning request. The Planning Board may call
upon the Westchester County Planning Department, the Soil Conservation
Service and for any other technical assistance that it feels is necessary
to provide a sound review of the proposal.
(d)
The Secretary to the Planning Board shall certify
when all of the necessary application material has been presented,
and the Planning Board shall submit its report within 90 days of such
certification, unless, within such 90 days, the Planning Board shall
determine that, by reason of complexity of the questions presented
or like considerations, an additional period of time, not exceeding
30 days, is reasonably required for the proper disposition thereof.
If no report has been rendered after 90 days or such additional period
not exceeding 30 days, the applicant may proceed as if a favorable
report were given to the Town Board.
(e)
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering the desirability of rezoning the subject property in a
Planned Unit Development District. The report shall be based on the
following findings, which shall be included as part thereof:
[3]
The proposal is conceptually sound in that it
meets a community need and it conforms to accepted design principles
in the layout of the proposed functional roadway system, in the land
use configuration, open space and drainage system and in the scale
of the elements, both absolute and as they relate to one another;
[4]
There are adequate public facilities, services,
utilities and road access available in the construction of the development;
and
[5]
The impacts on the environment are either insignificant
or will be minimized to acceptable levels.
(f)
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application with the Town for amendment of the Zoning Map to place
the subject property in a Planned Unit Development District. The Town
Board may then determine, on its own initiative, whether or not it
wishes to call a public hearing.
(3)
Town Board action on the application for rezoning
to a Planned Unit Development District.
(a)
Upon receipt of a favorable report from the
Planning Board, or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering an amendment
to the Zoning Map to place the subject property in a Planned Unit
Development District. A public hearing shall be conducted within 45
days of the receipt of the favorable report or appeal from an unfavorable
report.
(b)
The Town Board shall refer the application to
the Westchester County Planning Department for its analysis and recommendations.
The Town Board may also refer the application to the Town Engineer,
the Building Inspector, the Water Department, the Fire District, the
Police Department, the Greenburgh Environmental Quality Control Commission
and the State Department of Transportation (if the site plan shows
frontage along a state highway) and any other local, state, county,
regional and federal agencies having jurisdiction for their review.
All reports shall be submitted within 30 days of the date of said
referral.
(c)
The Town Board shall approve or disapprove the application in accordance with the provisions of Article IX of this chapter.
(d)
The Town Board, at its discretion, may attach any reasonable conditions on an approved planned unit development as necessary to assure conformance of the planned unit development with the intent and objectives of the planned unit development regulations, as specified in Subsection A of this section.
(e)
The approved planned unit development, with
conditions, if any, shall be duly noted on the Zoning Map of the Town
of Greenburgh, New York.
(4)
Conditions regarding planned unit development approval.
The development of the planned unit development shall be conditional
upon the following:
(a)
Securing of site plan approval in accordance with the procedures set forth in Article VIII of this chapter.
(b)
Compliance with all conditions and requirements
as may be set forth by the Town Board in its granting the Planned
Unit Development District.
(c)
It shall be a condition of every granting of
a Planned Unit Development District, whether stated or not, that if
an application for site plan approval certified as complete by the
Secretary to the Planning Board is not presented to the Planning Board
for approval within six months of the date of approval of the planned
unit development designation or if no development is initiated on
the site within 12 months of the date of approval of the planned unit
development site plan by the Planning Board, the zoning of said parcel
shall revert back to the zoning of said parcel prior to its change
to a planned unit development. This condition shall also apply to
any planned unit development designation granted prior to the effective
date of this section.
[Amended 5-8-1985]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
Office buildings for business, governmental
and professional uses, including administrative training, data processing,
publication, financial and sales offices and related facilities in
connection with such office uses, including retail or personal service
uses that are specifically designed as accessory uses, such as but
not limited to lunch counters, lunch stands, newsstands and barbershops,
provided that said retail or personal service accessory use shall
have no separate street frontage entrance and no exterior signs advertising
said retail or personal service use. In addition, said accessory retail
or personal service use shall not comprise more than 2% of the gross
floor area of the office building to which it is accessory.
(b)
Offices or agencies for scientific or technical
development, including laboratories, libraries, administrative training,
data processing, publication, financial offices and related facilities
in connection with such uses, provided that:
[1]
No machinery or equipment shall be installed
and no labor shall be engaged upon the premises for the manufacture,
processing or assembly of goods or articles, except the manufacturing,
processing or assembly of pilot prototype or experimental products
in which the close supervision by scientific personnel of a permitted
research laboratory is required.
[2]
All mechanical and other apparatus and manual
services employed in such use shall be devoted to scientific research
and technical development of manufactured, processed or compounded
products.
[3]
No such process or operation shall involve the handling, storage
or discharge of explosives. The use of any virus or other type of
infectious organisms identified with diseases of animals or humans
must be carried out in compliance with all county, state, federal,
and/or other applicable regulations.
[Amended 2-10-2016 by L.L. No. 1-2016]
[4]
No manufacturing, processing or assembly of
goods or articles of any kind for sale shall be permitted on the premises,
except for the sale of pilot prototype or experimental products which
are the result of the end product of scientific research, development
or engineering.
[5]
No offensive noise, gases, fumes, smoke, odors,
dust or vibrations shall emanate from such use, and no waste products
shall be discharged therefrom of a character to create a nuisance
or to be injurious to health.
[6]
The grounds and exterior of all buildings shall
be kept and maintained in conformity with the prevailing standards
of adjacent residential neighborhoods.
(c)
Telephone exchanges.
(d)
Conference centers.
(e)
Public utility structures and utility rights-of-way, excluding garages or storage yards. Electric substations shall not be permitted, except by special permit as provided for in § 285-10A(4) of this chapter. Antenna(s), where permitted, shall comply with the conditions set forth in § 285-37 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(g)
Public parks, playgrounds or similar recreational
areas owned or operated by a governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(h)
Firehouses, police stations or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County, or by any other governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(i)
Other municipal buildings or uses operated by
the Town of Greenburgh.
[Added 7-8-1987 by L.L. No. 3-1987]
(j)
Day-care centers, subject to the following:
[Added 10-25-1989 by L.L. No. 2-1989; amended 10-8-1997 by L.L. No. 10-1997]
[1]
The application for site plan approval shall
include a fully dimensioned diagram or floor plan showing planned
occupancy or use of all areas, interior and exterior, to be utilized
for day care, including exits, fire prevention measures, windows,
doors, sanitary facilities, off-street parking and vehicular dropoff
areas.
[2]
An appropriately fenced outdoor activity area
providing adequate room for the size of the proposed day-care center
shall be provided on site. If such outdoor area is not directly adjacent
to the indoor area of the day-care center, a supervised crosswalk
shall be provided between the two areas. A minimum distance shall
be provided between any paved or impervious surface being a portion
of such outdoor area and all lot lines, said minimum distance being
equal to the minimum distance otherwise required between off-street
parking areas and lot lines. A minimum distance of 10 feet shall be
provided between all portions of such outdoor area and all off-street
parking areas. A landscaped buffer area with a minimum width of 10
feet shall be provided between all portions of such outdoor area and
all lot lines.
[3]
No portion of said day-care center shall be located in a basement
which has more than 1/2 of its height, measured from floor to ceiling,
below the average finished grade of the ground adjoining the building.
[Amended 5-22-2013 by L.L. No. 2-2013]
[4]
All indoor areas used as a day-care center shall
be provided with windows and adequate light and air.
(k)
Fully enclosed commercial recreation facilities consisting of 5,000
square feet of gross floor area, or less.
[Added 10-23-2019 by L.L. No. 2-2022]
(2)
Special permit uses.
(a)
The cutting, processing, polishing and mounting
of precious stones, including the incidental sale thereof on the premises.
(b)
The production, processing and assembly of small,
light or microscopic or electronic parts, or precision instruments,
in which the close supervision by scientific personnel of a permitted
research laboratory is required, provided that such finished product
shall not exceed standards of weight and bulk to be fixed by the Board
of Appeals as appropriate to the particular site, subject to the following
conditions:
(c)
Transient hotels, motels or automobile courts,
provided that:
[1]
There shall not be less than 3,000 square feet
of lot area per rental sleeping room contained therein; except that
a hotel with full elevator service may be constructed to a height
of six stories and, if four stories or over, may be constructed on
the basis of a minimum lot area of 1,500 square feet per rentable
sleeping room in such hotel.
[2]
Off-street parking space for each rentable room
in a transient hotel or motel or automobile court shall be provided
within 100 feet of the ground floor entrance nearest to such accommodations,
and designated by the room number thereof; except that, in the case
of an elevator hotel of four or more stories, such distance may be
extended to 300 feet.
[3]
Said hotel, motel or automobile court shall
be set back not less than 75 feet from any street and not less than
50 feet from any other lot line.
[4]
As accessory to any such hotel, motel or automobile
court, there may be a restaurant within the principal structure, provided
that there is an additional off-street parking area on the basis of
one parking unit for each four seats of such restaurant.
(d)
Institutions for higher learning, including
colleges, universities, junior colleges, technical schools, seminaries
and convents, along with accompanying service and administration buildings,
dormitories, fraternity and sorority houses and customary indoor and
outdoor recreation facilities, such as playfields, gymnasiums and
stadiums, subject to the following:
[1]
The minimum lot area shall be 100 acres of contiguous
land.
[2]
No building, parking or loading area or recreation
facility shall be nearer than 200 feet to any street or lot line.
[3]
Each such recreation facility shall be operated
primarily as an adjunct to some cultural, social or athletic activity
of such institution of higher learning and not leased or otherwise
operated primarily for the purpose of gain or profit.[1]
[1]
Editor's Note: Former Subsection A(2)(e), regarding self-storage,
which immediately followed, was repealed 2-12-2020 pursuant to L.L. No. 2-2020.
(3)
Accessory uses. The following accessory uses, provided
that none shall be within 150 feet of any lot line:
(a)
Restaurants and cafeterias, not including diners
and similar facilities, for the use of executives, employees and visitors
of the principal use.
(b)
Lodgings for visitors of the principal use.
(c)
Indoor and outdoor recreation facilities for
the exclusive use of executives and employees of the principal use
and their families.
(d)
In-service training schools for employees of
the principal use.
(e)
Private garages for the storage and service
of motor vehicles owned by the owner of the principal use or the executives
or employees thereof, or visitors thereto, including the sale to them,
but not to the public generally, of gasoline, oil and minor accessories.
(f)
Central heating and power plants accessory to
the principal use and the service of all structures on the premises.
(g)
Storage facilities incidental to the principal
use.
(h)
Maintenance and utility shops incidental to
the principal use.
(i)
Off-street parking and loading. Said areas shall not be nearer than 50 feet to any lot line or street and, if generally adjacent to any street or any residence district, shall be suitably screened by a landscaped strip of at least 15 feet in width containing a shrubbery screen complying with all requirements set forth in § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(k)
Other customary accessory uses incidental to
the principal use on the site.
(4)
Uses under special permit by Town Board.
[Amended 7-8-1987 by L.L.
No. 3-1987; 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997; 10-2-2001 by L.L. No. 13-2001; 8-17-2005 by L.L. No. 3-2005; 12-14-2005 by L.L. No. 6-2005; 11-9-2015 by L.L. No.
14-2015; 11-14-2018 by L.L. No. 13-2018; 9-11-2019 by L.L. No. 4-2019]
(a)
Hotel on a lot of 15 acres or more, provided
that the proposed site shall meet all the following criteria:
[1]
The site must adjoin a federally designated
interstate highway with a common property line of at least 300 feet.
[2]
The site must be located within 1/3 mile of
a full interchange between a federally designated interstate highway
and a state or federal highway, measured from the point where the
center line of any ramp which is part of said interchange meets the
state or federal highway right-of-way to any point where the site
has frontage on said state or federal highway.
[3]
No point of the site shall be within 250 feet
of the nearest point of any residential zoning district, excluding
residentially zoned land within the right-of-way of a state or federal
highway or federally designated interstate highway or an aqueduct
right-of-way owned by a governmental entity.
[4]
The site must have a minimum frontage of 500
feet on a four-lane or larger state or federal highway which continues
as a four-lane or larger highway to the interstate interchange.
(b)
In approving any special permit the Town Board
shall find that the proposed use shall:
[1]
Be reasonably necessary for the public health
or general interest or welfare;
[2]
Be of such character, intensity, size and location
that, in general, it will be in harmony with the orderly development
of the area in which the property concerned is situated and will not
be detrimental to the orderly development of adjacent areas;
[3]
Be located so that it may be adequately serviced
by transportation facilities, water supply, waste disposal, fire and
police protection, drainage facilities and similar services;
[4]
Not create pedestrian or vehicular traffic hazards
because of its location in relation to surrounding uses, necessity
of turning movements in relation to its access to public roads and
intersections or its location in relation to other buildings or potential
buildings on or near the site and traffic patterns from such buildings;
and
[5]
Not include any display of signs, noise, fumes
or lights that will hinder normal development of the area or impair
the use, enjoyment and value of adjacent land and buildings.
(c)
Accessory uses may include:
[1]
Meeting rooms; banquet facilities; restaurants, bars, cafes,
bakeries, or cabarets for on- or off-premises consumption of food
and beverages or either of them; boutiques; travel services; barbershops;
newspaper stands; open or enclosed swimming pools; open or enclosed
tennis courts; platform tennis, paddleball courts and other court
games; putting greens; tot-lots; playgrounds; health clubs; off-street
parking areas or structures; off-street loading areas and convention
facilities. In no case shall sleeping rooms contain cooking facilities.
All such accessory uses, except for parking, loading and permitted
recreation facilities, shall be located within the principal structure
and have internal access thereto. The total floor area for accessory
uses required to be located within the principal structure shall not
exceed 2,500 square feet per acre of site.
(d)
Lot and building limitation for uses permitted in Subsection A(4) shall be as follows:
[2]
The minimum lot area shall be 1,150 square feet
for each rentable sleeping room.
[3]
The maximum height of principal structures,
excluding elevator and mechanical equipment penthouses, shall not
exceed 10 stories and shall not exceed 110 feet above the average
grade of the site at the point where the site adjoins a federal or
state highway which gives access to the property. The maximum height
of elevator and mechanical equipment penthouses shall not exceed 25
feet above roof level and shall not exceed in area 10% of the area
of the roof upon which it is located. The maximum height of accessory
structures shall be three stories, not to exceed 45 feet.
[4]
The minimum front yard setback shall be 125
feet. No part of a principal building taller than three stories shall
be located closer than 250 feet to the front property line.
[5]
Minimum setback from all side and rear yards
for principal buildings shall be 150 feet, except where said yards
adjoin a federally designated interstate highway, in which case the
minimum yards shall be 50 feet. For accessory buildings, the minimum
side or rear yard setback shall be 40 feet, plus one foot for each
two feet of accessory building height in excess of 25 feet. However,
to the extent where said side or rear yard for an accessory structure
adjoins an interstate highway, the required minimum side or rear yard
shall be 10 feet. No accessory building shall be placed in any required
front yard.
[6]
Minimum setback for all off-street parking units
and loading areas shall be as follows:
[a]
From the front lot line: 40 feet.
No circulation driveways other than those permitting access to the
site shall be permitted within such setback area.
[b]
From the side or rear lot line:
25 feet, except that, where berms or other appropriate landscaping
are provided, the required setback for parking areas from side or
rear lot lines may be reduced to 10 feet by the Town Board as part
of the special permit, and where such side or rear lines adjoin a
federally designated interstate highway, the minimum setback shall
be 10 feet.
(e)
Required parking for all principal and accessory
uses shall be computed as follows:
[1]
The minimum parking required shall be 80% of
the sum of the following:
[a]
One per guest room.
[b]
One per three employees.
[c]
One per 75 square feet of banquet
and meeting space and other similar uses.
[d]
One per 300 square feet of retail
space.
[e]
One per four dining room/bar seats
or one per 100 square feet of restaurant, bar and cabaret area, whichever
requirement is greater.
[f]
Three per tennis court, platform
tennis or paddleball court or other court facility.
[2]
However, in no case shall the total required
parking be less than one per guest room plus one per 100 square feet
of floor area in a bar/restaurant, plus 10 basic.
[3]
Required parking spaces shall be nine feet wide
and 20 feet long and shall be provided upon the same lot as the use
to which they are accessory, except that required parking spaces may
be provided by utilizing, on a shared-use basis, parking facilities,
including required parking for office buildings, situated on one or
more adjacent lots, provided that agreements, satisfactory to the
Town Attorney, assure the continued existence of such shared-use parking
to serve such hotel uses as long as they may exist. In no event shall
such agreements for shared parking be terminated without the consent
of the Town and unless the premises will provide parking facilities
for its own use in accordance with all requirements of this section.
In no event shall such parking and loading spaces be located in any
residence district.
(f)
Off-street loading. One loading unit 15 feet
wide by 45 feet long shall be provided for each 15,000 square feet
of restaurant, service, banquet and meeting room space. No loading
area shall be located within required front yards or driveways or
blocking access to any required parking space.
(g)
Signs. The size, location, design and illumination of all signs shall be subject to the approval of the Town Board as part of the special permit application and shall be subject to all applicable conditions and requirements set forth in Chapter 240 of the Town Code of the Town of Greenburgh.
(h)
Town Board special permit procedure.
[1]
Application for a special permit.
[a]
All applications for special permits shall be submitted to the Town Board, in writing, on forms prescribed by the Town Board. Said application shall be accompanied by a site plan for the proposed development, containing the information set forth in Article VIII thereof. The Town Board may also require the submittal of any other pertinent information as may be necessary to determine and provide for the proper consideration of the application for a special permit.
[b]
Such application shall be referred
to the Planning Board for its written report prior to action by the
Town Board. The Planning Board shall submit its report and recommendation
to the Town Board not more than 60 days after the first meeting of
the Planning Board held subsequent to such referral unless, within
such 60 days, such proposal shall be withdrawn or amended or the Planning
Board shall determine that, by reason of the complexity of the questions
presented or like considerations, an additional period of time, not
exceeding 30 days, is reasonably required for the proper disposition
thereof. If the Planning Board shall not have submitted its report
and recommendation within such 60 days or such additional period of
time not exceeding 30 days, the Town Board, in its discretion, may
proceed to final consideration of the proposal as though the Planning
Board had recommended approval of the proposal.
[2]
Public hearing required. A public hearing on
an application for a special permit shall be scheduled and conducted
by the Town Board within 60 days after receipt of a written report
from the Planning Board. If the Planning Board shall fail to transmit
its report and recommendation within the required 60 days or within
the additional period of time, if so granted by the Town Board, then,
in such event, the Town Board shall hold a public hearing within 60
days from the expiration of such period of time. To the extent possible,
such public hearing shall take place at the same time as any other
public hearing required to be held by the Town Board in regard to
the proposed development. Notice of such public hearing shall be published
in the official newspaper of the Town at least 10 days prior to such
public hearing. The cost of such notice shall be borne by the applicant.
[3]
Action by the Town Board. Within 45 days of
the date on which a public hearing is closed, the Town Board shall,
by resolution, act to approve, disapprove or approve with conditions
said application and shall specify what conditions, if any, are necessary.
Following approval by the Town Board of a special permit, building
permits may be issued without the requirement of any further approval
under Chapter 30[3] and Article VIII et seq. of the Zoning Ordinance of the Town of Greenburgh.
[3]
Editor's Note: Former Ch. 30, Large Scale
Development, adopted 2-13-1957, was repealed 5-11-1983.
(i)
Training facilities for professional athletic
organizations, subject to the following:
[1]
The minimum lot area shall be 15 acres of contiguous
land.
[2]
Each such training facility shall be operated
for the exclusive use of the professional athletic organization and
shall not be open to the public.
[3]
Accessory uses for professional athletic training
facilities, including off-street parking and loading, and indoor facilities,
such as locker rooms, equipment storage rooms, athletic and fitness
rooms and facilities, media facilities, including television interview
rooms, administrative offices for coaches and staff, medical facilities,
swimming pools, dining areas and kitchens, mechanical and ice maintenance
equipment, and other uses incidental to the principal uses.
[4]
For purposes of this use, the minimum distance
from buildings to parking and loading areas shall be five feet.
[5]
In approving any special permit, the Town Board
shall find that the proposed use shall:
[a]
Be reasonably necessary for the
public health or general interest or welfare;
[b]
Be of such character, intensity,
size and location that, in general, it will be in harmony with the
orderly development of the area in which the property concerned is
situated and will not be detrimental to the orderly development of
adjacent areas;
[c]
Be located so that it may be adequately
serviced by transportation facilities, water supply, waste disposal,
fire and police protection, drainage facilities and similar services;
[d]
Not create pedestrian or vehicular
traffic hazards because of its location in relation to surrounding
uses, necessity of turning movements in relation to its access to
public roads and intersections or its location in relation to other
buildings or potential buildings on or near the site and traffic patterns
from such buildings; and
[e]
Not include any display of signs,
noise, fumes or lights that will hinder normal development of the
area or impair the use, enjoyment and value of adjacent land and buildings.
[6]
Town Board special permit procedure.
[a]
Application for a special permit.
[i]
All applications for special permits shall be submitted to the Town Board, in writing, on forms prescribed by the Town Board. Said application shall be accompanied by a site plan for the proposed development containing the information set forth in Article VIII hereof. The Town Board may also require the submittal of any other pertinent information as may be necessary to determine and provide for the proper consideration of the application of a special permit.
[ii]
Such application shall be referred
to the Planning Board for its written report prior to action by the
Town Board. The Planning Board shall submit its report and recommendation
to the Town Board not more than 60 days after the first meeting of
the Planning Board held subsequent to such referral unless, within
such 60 days, such proposal shall be withdrawn or amended or the Planning
Board shall determine that, by reason of the complexity of the questions
presented or like considerations, an additional period of time, not
exceeding 30 days, is reasonably required for the proper disposition
thereof. If the Planning Board shall not have submitted its report
and recommendation within such 60 days or such additional period of
time not exceeding 30 days, the Town Board, in its discretion, may
proceed to final consideration of the proposal as though the Planning
Board has recommended approval of the proposal.
[b]
Public hearing required. A public
hearing on an application for a special permit shall be scheduled
and conducted by the Town Board within 60 days after receipt of a
written report from the Planning Board. If the Planning Board shall
fail to transmit its report and recommendation within the required
60 days or within the additional period of time, if so granted by
the Town Board, then, in such event, the Town Board shall hold a public
hearing within 60 days from the expiration of such period of time.
To the extent possible, such public hearing shall take place at the
same time as any other public hearing required to be held by the Town
Board in regard to the proposed development. Notice of such public
hearing shall be published in the official newspaper of the Town at
least 10 days prior to such public hearing. The cost of such notice
shall be borne by the applicant.
[c]
Action by the Town Board. Within
45 days of the date on which a public hearing is closed, the Town
Board shall, by resolution, act to approve, disapprove or approve
with conditions said application and shall specify what conditions,
if any, are necessary. Following approval by the Town Board of a special
permit, building permits may be issued without the requirement of
any further approval under Chapter 30[4] and Article VIII et seq. of the Zoning Ordinance of the Town of Greenburgh.
[4]
Editor's Note: Former Ch. 30, Large Scale
Development, adopted 2-13-1957, was repealed 5-11-1983.
(j)
Clinic, dental or medical, subject to the following:
[1]
General standards.
[a]
Each medical or dental clinic shall
be reasonably necessary for the public health or general interest
or welfare.
[b]
Each medical or dental clinic shall
be of such character, intensity, size, height, location and site layout
that, in general, it will be in harmony with the orderly development
of the district in which the property concerned is situated and will
not be detrimental to the orderly development of adjacent districts.
[c]
Each medical or dental clinic shall
be so located in order to be adequately serviced by public transportation
facilities, pedestrian walkways, water supply, waste disposal, fire,
police and ambulance protection and similar services.
[d]
Each medical or dental clinic shall
not create undue pedestrian or vehicular traffic hazards because of
its location in relation to similar uses, or necessity of turning
movements in relation to its access to public roads and intersections
or its location in relation to other buildings or proposed buildings
on or near the site and the traffic patterns from such buildings.
[e]
Each medical or dental clinic shall
not include the display of signs, noise, fumes, or lights that will
hinder normal development of the district or impact the use, enjoyment
and value of adjacent land and buildings.
[f]
Each medical or dental clinic shall
not be hazardous to the neighborhood by reason of excessive traffic,
assembly of persons or vehicles on the site, or proximity to travel
routes or congregations of children or pedestrians.
[g]
Each medical or dental clinic shall
provide a service, facility or convenience that contributes to the
proper growth and development of the community and its general welfare.
Considerations may include, but are not limited to, demographics,
community need, service utilization patterns, conditions and access
to the services to be provided and the epidemiology of diseases.
[2]
Specific standards.
[a]
No such medical or dental clinic
building shall be within 50 feet of a residential district.
[b]
Medical or dental clinics shall
be suitably screened from adjoining residential districts with planted
evergreen buffers of appropriate height, type, spacing and arrangement.
Should such screening become diseased or dead, it shall be replaced
within the next growing season.
[c]
No such medical or dental clinic
building shall be located within 400 feet of a school, day care center,
children's camp, public park or park district.
[3]
Conditions. Upon finding that the general and
specific standards set forth above have been fully met, the Town Board
may grant a special permit for a medical or dental clinic. In so doing,
the Town Board may impose any conditions that it may deem necessary
to accomplish the reasonable application of such standards.
[4]
Town Board special permit procedure for medical
or dental clinics:
[a]
Application for a special permit. All applications for a special use permit for medical or dental clinics shall be submitted to the Department of Community Development and Conservation, in writing. The application shall be accompanied by a layout plan, which indicates the location and design of all buildings and structures, parking and truck loading areas, and access drives thereto. Said layout plan shall also indicate the location and type of the general landscaping, evergreen screening, fencing, architectural treatment, egress and ingress, curbing, sidewalks, retaining walls and lighting to be provided so as to minimize its impact upon the immediate area. In the event that site plan approval is required pursuant Article VIII of this chapter, the special permit application shall include a site plan containing all matters required by Article VIII.
[b]
Public hearing required.
[i]
Unless extended by mutual consent
of the applicant and Town Board, a public hearing on an application
for a special permit for a medical or dental clinic shall be scheduled
and conducted by the Town Board within 62 days after certification
to the Town Board by the Commissioner of Community Development and
Conservation of receipt of a properly completed application. To the
extent possible, such public hearing shall take place at the same
time as any other public hearing required to be held by the Town Board
in regard to the proposed medical or dental clinic.
[ii]
Notice of such public hearing
shall be published in the official newspaper of the Town and mailed
by the applicant to property owners within 500 feet of the perimeter
of the subject property at least 10 days prior to such public hearing.
Proof of such mailing shall be provided to the Town Clerk not less
than five days before the public hearing is held. The cost of such
notice shall be borne by the applicant.
[c]
Action by the Town Board.
[i]
Unless extended by mutual consent
of the applicant and Town Board, within 62 days of the date on which
a public hearing is closed, the Town Board shall, by resolution, act
to approve, disapprove or approve with conditions said application
and shall specify what conditions, if any, are being imposed.
[ii]
All Town Board actions on applications
for special permits for medical or dental clinics shall be recorded
on forms prescribed by the Town Board, shall fully set forth the findings
of the Town Board upon which its action is based, and shall be filed
in the office of the Town Clerk.
(k)
Fully enclosed stores for the retail sale of consumer merchandise,
banks, dry-cleaning and hand laundry establishments, provided the
dry-cleaning is not done on the premises, and fully enclosed restaurant
use, not including cabaret use or quick-service or fast-food establishments,
but in no event including outdoor counter service, drive-in service
or curb service, provided that service at tables on a covered or uncovered
terrace or porch incidental to a permitted restaurant shall be permitted.
The foregoing uses are subject to the following:
[Amended 2-12-2020 by L.L. No. 2-2020]
[1]
The minimum lot area shall be 15 acres of contiguous land.
[2]
The site must adjoin a federally designated interstate highway
with a common property line of at least 300 feet.
[3]
The site must be located within one third of a mile of a full
interchange between a federally designated interstate highway and
a state or federal highway, measured from the point where the center
line of any ramp which is part of said interchange meets the state
or federal highway right-of-way to any point where the site has frontage
on said state or federal highway.
[4]
No point of the site shall be within 100 feet of the nearest
point of any residential zoning district, excluding residentially
zoned land within the right-of-way of a state or federal highway or
federal highway or federally designated interstate highway or an aqueduct
right-of-way owned by a governmental entity.
[5]
The site must have a minimum frontage of 500 feet on a four-lane
or larger state or federal highway which continues as a four-lane
or larger highway to the interstate interchange.
[6]
In approving any special permit, the Town Board shall find that
the proposed use shall:
[a]
Be of such character, intensity, size and location
that, in general, it will be in harmony with the orderly development
of the area in which the property concerned is situated, and will
not be detrimental to the orderly development of adjacent areas;
[b]
Be located so that it may be adequately serviced
by transportation facilities, water supply, waste disposal, fire and
police protection, drainage facilities and similar services;
[c]
Not create pedestrian or vehicular traffic hazards
because of its location in relation to surrounding uses, necessity
of turning movements in relation to its access to public roads and
intersections or its location in relation to other buildings or potential
buildings on or near the site and traffic patterns from such buildings;
and
[d]
Not include any display of signs, noise, fumes
or lights that will hinder normal development of the area or impair
the use, enjoyment and value of adjacent land and buildings.
(l)
Accessory use massage establishments, pursuant to the procedures and standards set forth in § 285-36T of this chapter and the following specific standards:
[1]
There shall be no separate exterior entrance for the accessory
massage establishment.
[2]
There shall be no exterior signs advertising the accessory massage
establishment.
[3]
Accessory massage establishments and accessory personal service
establishments shall not comprise more than 2% of the gross floor
area of the office building.
(m)
Self-Storage.
[Added 2-12-2020 by L.L. No. 2-2020]
[1]
In approving any special permit, the Town Board shall find that the
proposed use shall:
[a]
Be reasonably necessary for the public health or general interest
or welfare;
[b]
Be of such character, intensity, size and location that, in
general, it will be in harmony with the orderly development of the
area in which the property concerned is situated and will not be detrimental
to the orderly development of adjacent areas;
[c]
Be located so that it may be adequately serviced by transportation
facilities, water supply, waste disposal, fire and police protection,
drainage facilities and similar services;
[d]
Not create pedestrian or vehicular traffic hazards because of
its location in relation to surrounding uses, necessity of turning
movements in relation to its access to public roads and intersections
or its location in relation to other buildings or potential buildings
on or near the site and traffic patterns from such buildings; and
[e]
Not include any display of signs, noise, fumes or lights that
will hinder normal development of the area or impair the use, enjoyment
and value of adjacent land and buildings.
[2]
The Town Board special permit procedure for this use shall be consistent with the procedures set forth in § 285-25A(4)(h).
(5)
Uses
under special permit by the Planning Board.
(a)
Fully enclosed commercial recreation facilities, consisting of greater
than 5,000 of gross floor area or greater, provided that when the
use is proposed in a multitenant building or a multi-use site, the
applicant shall demonstrate to the satisfaction of the Planning Board
that adequate available peak-time parking vacancies exist.
[Added 7-11-2018 by L.L. No. 7-2022; amended 10-23-2019 by L.L. No.
2-2022]
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 80,000 square feet, unless otherwise
specified.
(2)
Minimum lot width: 300 feet, unless otherwise specified.
(3)
Maximum FAR: 0.30.
[Amended 7-8-1987 by L.L. No. 3-1987]
(5)
Minimum yards, unless otherwise specified:
(a)
Front: 150 feet, except that no front yard building
setback shall be required with respect to a building or structure
which shall bridge a public highway in order to connect or integrate
buildings located on two parcels of land under common ownership and
separated by said highway, provided that no part of such building
or structure within 150 feet of any street shall be less than 600
feet from the nearest side line of the parcel, the supporting columns
for said building or structure shall be set back not less than 25
feet from the right-of-way of said public highway or any proposed
public highway shown on the site plan and the right-of-way for said
public highway, or any public highway proposed on a site plan, shall
be in all cases at least 100 feet wide, and the lowest part of said
building or structure shall have a minimum clearance above the existing
or proposed highway of not less than 16 feet.
[Amended 10-2-2001 by L.L. No. 13-2001; 1-12-2005 by L.L. No. 1-2005]
(b)
One side: 150 feet.
(c)
Two sides: 300 feet.
(d)
Rear: 150 feet.
(7)
Maximum height, unless otherwise specified: six stories,
not to exceed 75 feet.
[Amended 7-8-1987 by L.L. No. 5-1987]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. Any principal use permitted in an
Office Building (OB) District.
(2)
Special permit uses:
[Added 8-17-2005 by L.L. No. 3-2005[1]]
(a)
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[1]
Editor's Note: This local law also redesignated
former Subsection A(2) as Subsection A(3).
(3)
Accessory uses.
(a)
Off-street parking and loading. Said areas shall
not be nearer than 15 feet to any lot line or street.
(c)
Other customary accessory uses incidental to
the principal use on the site.
(4)
Uses under special permit by Town Board.
[Added 11-9-2015 by L.L.
No. 14-2015]
(a)
Accessory use massage establishments, pursuant to the procedures and standards set forth in § 285-36T of this chapter and the following specific standards:
[1]
There shall be no separate exterior entrance for the accessory
massage establishment.
[2]
There shall be no exterior signs advertising the accessory massage
establishment.
[3]
Accessory massage establishments and accessory personal service
establishments shall not comprise more than 2% of the gross floor
area of the office building.
B.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 40,000 square feet, unless otherwise
specified.
(2)
Minimum lot width: 150 feet, unless otherwise specified.
(3)
Maximum FAR: 0.30.
[Amended 7-8-1987 by L.L. No. 3-1987]
(7)
Maximum height, unless otherwise specified: three
stories, not to exceed 40 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
Office buildings for business, professional
or banking uses, including administrative, training, data processing,
publication, financial and sales offices, and showroom uses and related
facilities in connection with such office use. The first floor of
such building may be used for the sale of goods at retail or for the
performance of customary personal services or services clearly incidental
to retail sales, provided that:
(b)
Agencies for scientific research or technical
development, including research laboratories, libraries, administrative,
training, statistical data processing, publication, financial offices
and other facilities incidental to such scientific research or technical
development, except that no building used for such purpose shall be
less than 50 feet from the boundary of any one-family residence district,
and provided that:
[1]
No machinery or equipment shall be installed
and no labor shall be engaged upon the premises for the manufacture,
processing or assembly of pilot prototype or experimental products
of goods or articles except the manufacturing, processing or assembly
in which the close supervision by scientific personnel of a permitted
research laboratory is required.
[2]
All mechanical and other apparatus and manual
services employed in such use shall be devoted to scientific research
and technical development of manufactured, processed or compounded
products.
[3]
No such process or operation shall involve the handling, storage
or discharge of explosives. The use of any virus or other type of
infectious organisms identified with diseases of animals or humans
must be carried out in compliance with all county, state, federal,
and/or other applicable regulations.
[Amended 2-10-2016 by L.L. No. 3-2016]
[4]
No manufacturing, processing or assembly of
goods or articles of any kind for sale shall be permitted on the premises,
except for the sale of pilot prototype or experimental products which
are the result of or the end product of scientific research, development
or engineering.
[5]
No offensive noises, gases, fumes, smoke, odors,
dust or vibrations shall emanate from such use, and no waste products
shall be discharged therefrom of a character to create a nuisance
or to be injurious to health.
[6]
The grounds and exterior of all buildings shall
be kept and maintained in conformity with the prevailing standards
of adjacent residential neighborhoods.
(c)
Telephone exchanges.
(d)
Museums, art galleries (but not public auction
rooms), libraries or other cultural center.
(e)
Churches, religious schools, community centers,
social clubs, lodges, civic clubs or similar nonprofit recreational
centers.
(f)
Art, business or vocational schools, including dancing, music
and instrumental music and schools. Such uses shall be located within
a totally enclosed, fully soundproofed building.
[Amended 6-13-2018 by L.L. No. 7-2018]
(g)
Post offices.
(h)
Public utility structures and utility rights-of-way, excluding garages or storage yards. Electric substations shall not be permitted, except by special permit as provided for in § 285-10A(4) of this chapter. Antenna(s), where permitted, shall comply with the conditions set forth in § 285-37 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(j)
Public parks, playgrounds or similar recreational
areas owned or operated by a governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(k)
Firehouses, police stations or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County or by any other governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(l)
Other municipal buildings or uses operated by
the Town of Greenburgh.
[Added 7-8-1987 by L.L. No. 3-1987]
(m)
Day-care centers, subject to the following:
[Added 10-25-1989 by L.L. No. 2-1989; amended 10-8-1997 by L.L. No. 10-1997]
[1]
The application for site plan approval shall
include a fully dimensioned diagram or floor plan showing planned
occupancy or use of all areas, interior and exterior, to be utilized
for day care, including exits, fire prevention measures, windows,
doors, sanitary facilities, off-street parking and vehicular dropoff
areas.
[2]
An appropriately fenced outdoor activity area
providing adequate room for the size of the proposed day-care center
shall be provided on site. If such outdoor area is not directly adjacent
to the indoor area of the day-care center, a supervised crosswalk
shall be provided between the two areas. A minimum distance shall
be provided between any paved or impervious surface being a portion
of such outdoor area and all lot lines, said minimum distance being
equal to the minimum distance otherwise required between off-street
parking areas and lot lines. A minimum distance of 10 feet shall be
provided between all portions of such outdoor area and all off-street
parking areas. A landscaped buffer area with a minimum width of 10
feet shall be provided between all portions of such outdoor area and
all lot lines.
[3]
No portion of said day-care center shall be located in a basement
which has more than 1/2 of its height, measured from floor to ceiling,
below the average finished grade of the ground adjoining the building.
[Amended 5-22-2013 by L.L. No. 2-2013]
[4]
All indoor areas used as a day-care center shall
be provided with windows and adequate light and air.
(n)
Self-Storage.
[Added 9-12-2018 by L.L.
No. 10-2018]
(o)
Fully enclosed commercial recreation facilities consisting of
5,000 square feet of gross floor area, or less.
[Added 9-12-2018 by L.L.
No. 10-2018; amended 10-23-2019 by L.L. No. 2-2022]
(2)
Special permit uses.
(a)
Small animal hospitals, provided that:
[1]
All operations, including runways, shall be
within a totally enclosed, fully soundproofed, mechanically ventilated
or air-conditioned building.
[2]
All operations shall be conducted and the structure
maintained in such a manner that they are not offensive, obnoxious
or detrimental to adjoining properties by reason of noises or odors.
[3]
Permitted operations shall not include the boarding
of animals or the operation of a kennel, except that the boarding
of animals related to a course of medical treatment shall be permitted
during the period of such treatment.
(b)
Clinic, dental or medical, pursuant to the procedure and standards set forth in § 285-25A(4)(j) of this chapter.
[Added 8-17-2005 by L.L. No. 3-2005]
(3)
Accessory uses.
(a)
Off-street parking and loading.
(b)
Restaurants, cafeterias and lunchrooms (not
including diners and similar facilities) for the use of executives,
employees and visitors of the principal uses, but excluding the general
public.
(c)
In-service training schools for employees of
the principal use.
(d)
Private garages for the storage and service
of motor vehicles owned by the owner of the principal use or the executives
or employees thereof, or visitors thereto, including the sale, but
not to the public generally, of gasoline, oil and minor accessories.
(e)
Central heating and power plants accessory to
the principal use and the service of all structures on the premises.
(f)
Fully enclosed storage facilities incidental
to the principal use.
(g)
Maintenance and utility shops incidental to
the principal use.
(j)
Other customarily accessory uses incidental
to the principal use on the site.
(4)
(5)
Uses under special permit by Planning Board.
[Added 9-12-2018 by L.L.
No. 10-2018]
(a)
Fully enclosed commercial recreation facilities, consisting
of greater than 5,000 square feet of gross floor area or greater;
provided that when the use is proposed in a multitenant building or
a multi-use site, the applicant shall demonstrate to the satisfaction
of the Planning Board that adequate available peak-time parking vacancies
exist.
[Amended 10-23-2019 by L.L. No. 2-2022]
B.
Lot and bulk requirements shall be as follows:
A.
Statement
of purpose and intent. The Designed Shopping District is intended
to provide for a mix of commercial, office and related uses in its
locations along the Town' s mixed-use corridors and its locations
at several high-volume intersections in the Town.
[Added 7-13-2022 by L.L. No. 6-2022[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
A and B as Subsection B and C, respectively.
B.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses, commercial.
[Amended 7-8-1987 by L.L.
No. 3-1987; 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997; 7-11-2018 by L.L. No. 7-2022; 10-23-2019 by L.L. No. 2-2022; 7-13-2022 by L.L. No. 6-2022]
(a)
Fully enclosed stores for the retail sale of
consumer merchandise; fully enclosed personal service establishments,
such as but not limited to barbershops, beauty parlors, shoe repair
shops and similar uses, where such service is provided on the premises,
and banks, provided that:
[1]
No fabrication, manufacturing, converting, altering,
finishing or assembly shall be permitted therein, except such which
may be incidental to such retail sale or personal service use, provided
that said incidental operation is not offensive, obnoxious or detrimental
to the surrounding area by reason of noise, gases, fumes, smoke, odor,
dust or vibrations.
[2]
There shall not be permitted therein a public
garage, gasoline station, car washing establishment, motel, hotel,
automobile court, tourist home, rooming house, furnished room house,
boardinghouse, assembly hall, dance hall, storage, warehousing or
wholesale establishment.
(b)
Theaters or cinemas, either freestanding or
as part of a retail development, other than the drive-in type, provided
that the minimum lot size shall be 120,000 square feet.
(c)
Dry-cleaning and hand laundry establishments,
provided that dry cleaning is not done on the premises.
(d)
Telephone exchanges.
(e)
The retail sale and accessory storage and display
of garden materials, plants and supplies, including nursery-type operations.
(f)
Adult day-care centers.
(g)
Fully enclosed commercial recreation facilities consisting of 5,000
square feet of gross floor area, or less.
(h)
Museums. art galleries (but not public auction rooms), libraries
or other cultural center.
(i)
Art, business or vocational schools, including dancing, music and
instrumental music and schools. Such uses shall be located within
a totally enclosed, fully soundproofed building.
(j)
Public utility structures and utility rights-of-way, excluding garages or storage yards. Antenna(s), where permitted, shall comply with the conditions set forth in § 285-37 of this chapter.
(l)
Public parks, playgrounds or similar recreational
areas owned or operated by a governmental authority.
(m)
Firehouses, police stations or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County, or by any other governmental authority.
(n)
Other municipal buildings or uses operated by
the Town of Greenburgh.
(2)
Principal
uses. office.
[Added 7-13-2022 by L.L. No. 6-2022[2]]
(a)
Office buildings for business, governmental and professional uses, including administrative, training, data processing, publication, financial and sales offices and related facilities in connection with such office uses, including retail or personal service uses that are specifically designed as accessory uses, such as but not limited to lunch counters, lunch stands, newsstands and barbershops, provided that said retail or personal service accessory use shall have no separate street frontage entrance and no exterior signs advertising said retail or personal service use. In addition, said accessory retail or personal service use shall not comprise more than 0.5% of the gross floor area of the office building to which it is accessory. If the accessory use is a massage establishment, a special use permit shall be required pursuant to the procedures and standards set forth in § 285-36T of this chapter.
(b)
Offices or agencies for scientific research or technical development,
including laboratories, libraries and administrative, training, data
processing, publication and related facilities in connection with
such uses, provided that:
[1]
No machinery or equipment shall be installed and no labor shall
be engaged upon the premises for the manufacture, processing or assembly
of goods or articles, except the manufacturing, processing or assembly
of prototype or experimental products in which the close supervision
by scientific personnel of a permitted research laboratory is required.
[2]
All mechanical and other apparatus and manual services employed
in such use shall be devoted to scientific research and technical
development of manufactured, processed or compounded products.
[3]
No such process or operation shall involve the handling, storage
or discharge of explosives. The use of any virus or other type of
infectious organisms identified with diseases of animals or humans
must be carried out in compliance with all county, state, federal,
and/or other applicable regulations.
[4]
No manufacturing, processing or assembly of goods or articles
of any kind for sale shall be permitted on the premises, except for
the sale of prototype or experimental products which are the result
of or the end product of scientific research, development or engineering.
[5]
No offensive noises, gases, fumes, smoke, odors, dust or vibrations
shall emanate from such use, and no waste products of such character
as to create a nuisance or to be injurious to health or safety shall
be discharged therefrom.
[6]
Related retail and personal service accessory uses, such as but not limited to lunch counters, lunch stands, newsstands and barbershops, shall be permitted, subject to all conditions set forth for said uses in Subsection B(1)(a) above. Under no circumstance shall a massage establishment be permitted without a special use permit from the Town Board, pursuant to the procedures and standards set forth in § 285-36T of this chapter.
[2]
Editor's Note: This local law also redesignated former Subsection
B(2) through (4) as Subsection B(3) through (5)
(3)
Special permit uses, Planning Board, subject to the general standards set forth in § 285-28B(3)(k) and procedures set forth in § 285-28B(3)(l).
[Amended 4-13-1983; 7-8-1987 by L.L. No. 3-1987; 10-23-2019 by L.L. No. 2-2022; 7-13-2022 by L.L. No. 6-2022]
(a)
Fully enclosed commercial recreation facilities,
consisting of greater than 5,000 square feet of gross floor area or
greater; provided that when the use is proposed in a multitenant building
or a multi-use site, the applicant shall demonstrate to the satisfaction
of the Planning Board that adequate available peak-time parking vacancies
exist.
(b)
Funeral homes or undertaking establishments,
provided that a minimum lot size shall be 40,000 square feet.
(c)
Small animal hospitals, provided that:
[1]
All operations, including runways, shall be
within a totally enclosed, fully soundproofed, mechanically ventilated
or air-conditioned building.
[2]
All operations shall be conducted and the structure
maintained in such a manner that they are not offensive, obnoxious
or detrimental to adjoining properties by reason of noises or odors.
[3]
Permitted operations shall not include the boarding
of animals or the operating of a kennel, except that the boarding
of animals related to a course of medical treatment shall be permitted
during the period of such treatment.
[4]
The minimum lot size shall be 40,000 square
feet.
(d)
Fully enclosed freestanding ice cream stands,
provided that the minimum lot size shall be 20,000 square feet.
(e)
Fully enclosed quick-service or fast-food establishments,
provided that:
[1]
No such establishment shall be located nearer
than 2,000 feet from another such establishment as measured from their
property lines.
[2]
Together with the special permit application,
there shall be submitted preliminary approvals from the appropriate
state, county and Town authority as to the following:
[3]
The applicant shall satisfy that:
[a]
There will be sufficient security
to prevent the use of the premises as a loitering place during hours
of operation.
[b]
There will be proper facilities
and personnel for disposal of the trash and other debris of quick-service
eating and drinking establishment.
[c]
The minimum lot size shall be 80,000
square feet.
(f)
Fully enclosed restaurant use other than cabaret
use, including service at tables on a covered or uncovered terrace
or porch incidental to a permitted restaurant, provided that there
is no increase in the total capacity, and further provided that:
[1]
No such establishment shall be located nearer
than 50 feet from a residential district line.
[2]
Together with the special permit application,
there shall be submitted preliminary approvals from the appropriate
state, county and Town authority as to the following:
[4]
All restaurants in operation and those restaurants
for which site plan approval has been granted as of the effective
date of this amendment are exempt from this special permit requirement.
However, should there be any alteration to either an existing restaurant
or one which has received site plan approval as of the effective date
of this chapter, this exemption shall not apply.
(g)
Cabaret uses, provided that:
[1]
No such establishment shall be located nearer
than 2,000 feet from another such establishment as measured from their
property lines.
[3]
The applicant shall satisfy that there shall
be sufficient security to prevent the use of the premises as a loitering
place during hours of operation.
[4]
The applicant shall comply with all provisions
of the Cabaret Law of the Town of Greenburgh, and the issuance of
the special permit shall be conditional upon obtaining and continuing
to hold a cabaret license from the Town of Greenburgh, New York.
[5]
The minimum lot size shall be 120,000 square
feet.
(h)
Motor vehicle sales uses and motor vehicle sales lots, subject
to the standards, conditions, procedures set forth in § 285-29.1B(5.1)(b)[9],
substituting "the street or streets to which the property has frontage,"
for "Route 100 in the Central Avenue Mixed-Use Impact District."
(i)
Child day-care centers, provided that:
[1]
A site plan acceptable to the Planning Board shall be submitted
which meets all the requirements of this chapter.
[2]
The application for site plan approval shall include a fully
dimensioned diagram or floor plan showing planned occupancy or use
of all areas, interior and exterior, to be utilized for day care,
including exits, fire prevention measures, windows, doors, sanitary
facilities, off-street parking and vehicular dropoff areas. The diagram
shall also indicate the shortest distance between the day-care center
building and the nearest lot line of a residentially zoned parcel,
and the shortest distance between the center building and the nearest
residential building.
[3]
An appropriately fenced outdoor activity area providing adequate
room for the size of the proposed day-care center shall be provided
on site. If such outdoor area is not directly adjacent to the indoor
area of the day-care center, a supervised crosswalk shall be provided
between the two areas. A minimum distance shall be provided between
any paved or impervious surface being a portion of such outdoor area
and all lot lines, said minimum distance being equal to the minimum
distance otherwise required between off-street parking areas and lot
lines. A minimum distance of 10 feet shall be provided between all
portions of such outdoor area and all off-street parking areas. A
landscaped buffer area with a minimum width of 10 feet shall be provided
between all portions of such outdoor area and all lot lines. Where
the existing topography or landscaping provides adequate screening,
the Planning Board may waive or modify the planting, landscape, and
distance requirements of this chapter.
[4]
No portion of said day-care center shall be located in a basement
which has more than 1/2 its height, measured from floor to ceiling,
below the average finished grade of the ground adjoining the building.
[5]
All indoor areas used as a day-care center shall be provided
with windows and adequate light and air.
[6]
Security measures shall be implemented which are sufficient
to ensure that no unauthorized persons can gain access to the building
and outdoor activity areas. Such measures shall be described in detail
in the special permit application.
[7]
Pickup and dropoff protocols shall be implemented which are
sufficient to ensure that all children are under direct supervision
by appropriately trained staff members from the moment they leave
the care of their parent or guardian until the moment they are returned
to the care of their parent or guardian. Such protocols shall be described
in detail in the special permit application.
[8]
All applicable requirements of the New York State Office of
Children and Family Services, and the Building and Fire Codes of New
York State, shall be strictly complied with. A special permit granted
pursuant to this section shall be considered revoked immediately upon
revocation of, or failure to maintain, any license or registration
required by the Office of Children and Family Services.
(k)
In approving any special permit, the Planning Board shall find
that the proposed use meets the following general standards:
[1]
Be reasonably necessary for the public health or general interest
or welfare;
[2]
Be of such character, intensity, size and location that, in
general, it will be in harmony with the orderly development of the
area in which the property concerned is situated and will not be detrimental
to the orderly development of adjacent areas;
[3]
Be located so that it may be adequately serviced by transportation
facilities, water supply, waste disposal, fire and police protection,
drainage facilities and similar services;
[4]
Not create pedestrian or vehicular traffic hazards because of
its location in relation to surrounding uses, necessity of turning
movements in relation to its access to public roads and intersections
or its location in relation to other buildings or potential buildings
on or near the site and traffic patterns from such buildings; and
[5]
Not include any display of signs, noise, fumes or lights that
will hinder normal development of the area or impair the use, enjoyment
and value of adjacent land and buildings.
(l)
Planning Board special permit procedure.
[1]
Application for a special permit.
[a]
All applications for special permits shall be submitted to the Planning Board, in writing, on forms available from the Department of Community Development and Conservation. Said application shall be accompanied by a site plan for the proposed development containing the information set forth in Article VIII hereof. The Planning Board may also require the submittal of any other pertinent information as may be necessary to determine and provide for the proper consideration of the application of a special permit.
[b]
Public hearing required. A public hearing on an
application for a special permit shall be scheduled and conducted
by the Planning Board. To the extent possible, such public hearing
shall take place at the same time as any other public hearing required
to be held by the Planning Board in regard to the proposed development.
Notice of such public hearing shall be published in the official newspaper
of the Town at least 10 days prior to such public hearing. The cost
of such notice shall be borne by the applicant.
[c]
Action by the Planning Board. Within 45 days of the date on which a public hearing is closed, the Planning Board shall act to approve, disapprove or approve with conditions said application and shall specify what conditions, if any, are necessary. Following approval by the Planning Board of a special permit, building permits may be issued without the requirement of any further approval under Article VIII et seq. of the Zoning Ordinance of the Town of Greenburgh.
(4)
Accessory uses.
(a)
Off-street parking areas for private passenger
vehicles of visitors, shoppers and employees of the principal use,
but not for the storage of used or new vehicles for sale or hire.
(b)
Off-street loading areas for the delivery of
goods to and from the principal use.
(c)
Garages for the storage only of commercial vehicles
used for the delivery of goods purchased within the principal building
or for the storage of cleaning and snow-removal equipment and material
for the parking area used in connection with the principal use and
only on that site, provided that it is located within the principal
building.
(f)
Other customary accessory uses incidental to
the principal use on the site.
(g)
Antennas, subject to the conditions set forth in § 285-37 of this chapter.
[Added 11-14-1984; amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(5)
Uses under special permit by Town Board.
[Added 11-9-2015 by L.L.
No. 14-2015]
(a)
Fully enclosed massage establishments, pursuant to the procedures and standards set forth in § 285-36T of this chapter.
(b)
Clinic, dental and medical office uses, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[Added 7-13-2022 by L.L. No. 6-2022][5]
[5]
Editor's Note: This local law also repealed former Subsection
B(5), Uses under special permit by the Planning Board, added 8-11-2021
by L.L. No. 5-2021, which immediately followed this subsection.
C.
Lot and bulk requirements shall be as follows:
(1)
Minimum lot area: 10,000 square feet, unless otherwise
specified.
(2)
Minimum lot width: 100 feet.
(3)
Maximum FAR: 0.30.
(5)
Minimum yards, unless otherwise specified:
|
Yard
|
Lots of 10,000 to 40,000 Square Feet
(feet)
|
Lots of 40,000 to 90,000 Square Feet
(feet)
|
Lots of 90,000 Square Feet or Greater
(feet)
| |
|---|---|---|---|---|
|
Front
|
20
|
30
|
40
| |
|
1 side
|
15
|
40
|
45
| |
|
2 sides
|
30
|
80
|
90
| |
|
Rear
|
50
|
50
|
60
|
|
All yards must comply with § 285-39 of this chapter.
| ||||
(7)
Maximum height: three stories, not to exceed 40 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
[Added 4-22-2015 by L.L. No. 3-2015]
A.
Statement of intent and objectives.
(1)
It is the intent of the Planned Economic Development (PED) Zoning
District to permit flexibility in the design and development of planned
sites containing a group of diverse uses. The PED promotes economic
and efficient use of land, consistent with the preparation and adoption
of a Land Use Plan for the entire PED site. The PED District regulations
are designed to give the developer knowledge of the general type of
development permitted before the completion of a detailed design for
every building or parcel, while providing the Town with assurances
that the overall development will be satisfactorily planned and constructed
within the framework of an overall Land Use Plan for the entire PED-zoned
parcel.
(2)
In certain locations in the Town, the PED can be used to promote
research and development (R&D) uses with an R&D Bonus. The
Town Board shall have the discretion to approve R&D density bonuses
in its review of each zoning application under PED, if applicable.
B.
Standards and general requirements.
(1)
Eligibility standards.
(a)
At the time of application for rezoning to the PED District,
the PED development shall have a minimum of 100 contiguous acres.
The minimum parcel area of 100 contiguous acres may be divided by
a public street, provided that the area of the public street is not
included as part of the one-hundred-acre minimum. The Town Board may,
as a condition of rezoning, require that the internal streets or driveways
of the PED development provide for the interconnection or for the
possible future interconnection with the internal streets or driveways
of adjacent parcels. Said acreage shall be in one ownership or in
joint ownership at the time of application for PED zoning.
(b)
Minimum Open Space within the overall PED development shall
be 40% of the entire site area zoned PED.
(c)
The principal access to the PED development shall be within
200 feet of, and have access to, a state or county right-of-way. Such
access must be direct or via a side street and shall not be accessed
by a circuitous route.
C.
Permitted Uses. No building or premises shall be used and no building
shall be erected, altered, or added to, unless otherwise provided
in this chapter, except for the following uses:
(1)
Principal uses.
(a)
Office buildings for business, governmental and professional
uses, including administrative training, data processing, publication,
financial and sales offices and related facilities in connection with
such office uses.
(b)
Agencies for Scientific Research or Technical Development.
(c)
Research and Development (R&D).
(d)
Fully enclosed stores for the retail sale of consumer merchandise,
fully enclosed personal service establishments, such as but not limited
to barbershops, beauty parlors, shoe repair shops and similar uses
where such service is provided on the premises. However, an automobile
sales lot, motor vehicle salesroom, public garage, or car washing
establishment shall not be permitted. Not more than one large format
or big box type store shall be permitted in the PED development. If
such store is in excess of 125,000 square feet it must have access
to a highway with State jurisdiction.
(e)
Banks.
(f)
Restaurants and drinking establishments, including both freestanding
restaurants and drinking establishments, and said uses that are part
of other permitted uses.
(g)
Dry-cleaning and hand laundry establishments, provided that
dry-cleaning is not done on premises.
(h)
Indoor and outdoor recreation facilities.
[Amended 10-23-2019 by L.L. No. 2-2022]
(i)
Day-care centers subject to the conditions contained in § 285-25A(4)(b).
(j)
Public and private higher education and training facilities,
including technical and business schools, not including dormitory
facilities or other residential uses, and stadiums.
(k)
Hotels.
(l)
Conference centers.
(m)
Public utility structures and utility rights-of-way, excluding
garages or storage yards.
(n)
Firehouses, police stations, or other public safety uses owned
or operated by the Town of Greenburgh, Westchester County, or by any
other governmental authority.
(o)
Other municipal buildings or uses operated by the Town of Greenburgh.
(p)
Light manufacturing, processing, and assembly uses, pursuant to the provisions of § 285-34B(2)(a)[1], including uses that are consistent with the intent and purposes of R&D.
(q)
Teaching hospitals.
(2)
Special permit uses.
(a)
Cabaret uses, pursuant to the procedures and standards set forth
in § 285-28A(2)(g) of this chapter.
(b)
Clinics, dental or medical offices, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of the Zoning Ordinance.
(c)
Alternative Energy Generation Facilities, as defined in the Zoning Ordinance, pursuant to the procedures and standards set forth in § 285-25A(4)(b).
(3)
Accessory uses may include:
(a)
Off-street parking areas for private passenger vehicles of visitors,
shoppers, and employees of the principal use, but not for the storage
of used or new vehicles for sale or hire.
(b)
Off-street loading areas for the delivery of goods to and from
the principal use.
(c)
Garages for employees and visitors and/or for the storage of
cleaning and snow-removal equipment and material for the parking area
used in connection with the principal use and only on that site, provided
that it is located within the principal building.
(d)
Structured Parking. In the PED District, Structured Parking shall not be subject to the special permit procedures established in § 285-38A.
(g)
Other customary accessory uses incidental to the principal use
on the site.
(h)
Detached canopies.
(i)
Accessory uses to hotels, public and corporate meeting, conference
and exposition centers may include: meeting rooms; banquet facilities;
restaurants, bars or cabarets (subject to special permit procedures)
for consumption of food and beverages or either of them on the premises;
boutiques; travel services; barber shops; newspaper stands; open or
enclosed swimming pools; open or enclosed tennis courts; platform
tennis, paddle board courts and other court games; putting greens;
tot-lots; playgrounds; health clubs; off-street parking areas or structures;
off-street loading areas and convention facilities. All such accessory
uses, except for parking, loading, and permitted recreation facilities,
shall be located within the principal structure.
(4)
Uses under special permit by Town Board.
[Added 11-9-2015 by L.L.
No. 14-2015]
D.
Application procedure and approval process.
(1)
Application for zoning change to PED District. Petition for a zoning change to permit a Planned Economic Development (PED) shall be made to the Town Board of the Town of Greenburgh in accordance with Article IX of the Zoning Ordinance. The Town Board shall, upon receipt of said petition, refer the PED zoning request to the Planning Board for a report and recommendation in accordance with procedures as established in § 285-64B of the Zoning Ordinance.
(2)
Application for Land Use Plan report approval. In order to allow
the Town Board and the applicant to reach an understanding on basic
land use and design requirements for the PED, the applicant shall
submit a Land Use Plan report to said Board. The report shall include
a Land Use Plan map indicating: the anticipated uses, site access,
and type of site planning contemplated for the PED development, drawn
to a suitable scale. Said plan shall include a delineation of the
various use areas indicating the approximate floor area, open space,
anticipated phasing, access points, and design considerations. It
must be referred to the Planning Board for a recommendation and must
be approved by the Town Board prior to the filing of a site plan application.
(a)
An environmental report, prepared in accordance with the requirements
of the New York State Environmental Quality Review Act (SEQRA), if
required, shall include an Environmental Assessment Form (EAF Part
1, Part 2 and an Expanded Part 3 technical report), and/or an Environmental
Impact Statement (EIS).
(b)
If the applicant has submitted a Draft and Final Environmental
Impact Statement, and if the Town Board has issued a Statement of
SEQRA Findings, those Findings shall be briefly summarized in the
Land Use Plan submission.
E.
Subsequent site plan process.
(2)
As part of site plan approval by the Town Board, the Town shall
require a report and recommendation from the Planning Board.
(3)
If the site plan includes development in only a portion of a
phase of development in the approved Land Use Plan, the applicant's
site plan submission shall also include a conceptual plan map for
the entire phase of development illustrating how the individual site
plan addresses the approved Land Use Plan requirements and how the
individual site plan relates to potential future developments within
the phase. This conceptual plan map shall cover the entire phase of
development in the approved Land Use Plan, thereby providing the context
for the individual site plan. It shall be drawn to a scale of one
inch equals 200 feet, clearly showing the following:
(4)
Following approval by the Town Board of a site plan, such a
site may be apportioned into separately owned or leased parcels in
accordance with the requirements of the Town of Greenburgh. Said apportionment
shall be approved by the Town Attorney.
F.
Lot and bulk requirements for developments within the PED:
(1)
Maximum Floor Area Ratios (FAR): The maximum floor area ratio
for any permitted or special permit non-R&D use shall be 0.3.
(2)
R&D Bonus: If the Town Board approves a site-specific R&D
Bonus, a 0.6 FAR for R&D uses defined herein and provided that
the parking required by the uses that increase the FAR above 0.3 are
accommodated in structured parking (a permitted accessory use).
(3)
Maximum impervious area shall be 80% of the site area, excluding
the preserved open space area.
(4)
For the purposes of this section, "external lot line" in a PED
development shall mean those lot lines along the rights-of-way of
a road of State or County jurisdiction upon which a lot or parcel
within the PED District abuts and those lot lines that establish and
are coincident with the PED District boundary. "Internal lot line"
shall mean those lot lines between lots or parcels of the same or
different ownership, which lots or parcels are located wholly within
the PED District and which lot lines are shown on the conceptual plan,
and including those lot lines along the rights-of-way of streets other
than those of state or county jurisdiction. "Internal Street" shall
mean the right-of-way of a street that is located wholly within a
PED District, which street may be of private or public ownership,
but not including roads of State or County jurisdiction.
(5)
No parking area shall be provided within 25 feet of any external
lot line or PED District boundary for the purposes of a landscaping
buffer. No parking area shall be provided within 15 feet of any building.
(6)
All areas not used for buildings, circulation, parking, storage,
maintenance, or utilities shall be suitably landscaped and maintained
in good condition.
(7)
Suitable access for emergency vehicles shall be provided for
all structures in the PED development.
(8)
The right-of-way and pavement widths for Internal Streets shall
be adequate and sufficient in size, location, and design to accommodate
the maximum traffic, parking, and loading needs and the access of
firefighting equipment and police or emergency vehicles. The pavement
of said streets shall be not less than 24 feet wide. All streets shall
be subject to all other applicable Town ordinances.
(10)
Minimum parking requirements:
(a)
Retail, personal service establishments, and massage establishments:
one space per each 250 square feet of gross floor area.
[Amended 11-9-2015 by L.L. No. 14-2015]
(b)
Restaurant: one space per each 100 square feet of gross floor
area, excluding nondining areas.
(c)
Bank: one space per each 100 square feet of gross floor area,
excluding nonpublic area.
(d)
Hotel: As required in § 285-25A(4)(e).
(e)
Public or corporate conference, meeting and exposition center:
one space for each four seats in each classroom or seats in major
assembly hall or one space for every 200 square feet, whichever is
greater.
(f)
Day-care center: one for each staff member, plus one for each
facility vehicle, plus one for each five facility children or clients.
(g)
Professional office building other than medical or dental offices:
one for each 300 square feet of gross floor area.
(h)
Agency for scientific research or technical development/R&D:
one for each 400 square feet of gross floor area.
(j)
The use of shared parking, land-banked parking, and structured
parking shall be encouraged. For purposes of the PED regulations,
nonenclosed structured parking shall not be included as part of the
maximum Floor Area Ratios or maximum coverage set forth herein.
(k)
Required parking spaces may be provided on a shared-use basis
in parking facilities, including structured parking, situated on one
or more adjacent lots, provided that agreements, satisfactory to the
Town Attorney, assure the continued existence of such shared-use parking
to serve such uses as long as they may exist. In no event shall such
agreements for shared parking be terminated without the consent of
the Town and unless the premises will provide parking facilities for
its own use in accordance with all requirements of this chapter.
(12)
Building Height: Maximum height for structures in the PED shall
be six stories, not to exceed 90 feet.
A.
Statement of purpose and intent.
(1)
The Central Avenue Mixed-Use Impact (CA) District
is based upon the objectives and findings of the Comprehensive Development
Program for the Central Avenue Corridor, dated October 1976.
(2)
The principal intent of the Central Avenue Mixed-Use
Impact (CA) District is to relate the maximum density of development
permitted for the Central Avenue Corridor as a whole to the present
traffic-carrying capacity of the road and its intersections as well
as to future improvements which will increase the traffic-carrying
capacity (including allowances for existing traffic, traffic generated
from new development and other traffic affecting the Central Avenue
Corridor) as well as to economic, environmental and other impact factors.
(3)
The intent of the Central Avenue Mixed-Use Impact
(CA) District is also to permit flexibility in the design and development
of individual sites so that a mixture of various compatible types
of land uses can be developed as multiple use developments at the
discretion of the individual property owner. Thus, the external traffic
impacts will be thereby reduced, and, therefore, an adjustment is
made in the maximum intensity of development to account for this reduced
impact.
(4)
In addition to balancing the traffic-carrying
capacity of the road with future development, the Central Avenue Mixed-Use
Impact (CA) District also takes into account the relationships between
land use intensity and municipal services required, education costs
and resources, land values, existing development per acre and the
visual and aesthetic implications of various uses.
B.
Permitted uses. No building or premises within the
Central Avenue Mixed-Use Impact (CA) District shall be used and no
building shall be erected or altered, unless otherwise provided in
this District, except for the following uses:
(1)
Principal uses, Type I: office uses.
(a)
Office buildings for business, governmental and professional uses, including administrative, training, data processing, publication, financial and sales offices and related facilities in connection with such office uses, including retail or personal service uses that are specifically designed as accessory uses, such as but not limited to lunch counters, lunch stands, newsstands and barbershops, provided that said retail or personal service accessory use shall have no separate street frontage entrance and no exterior signs advertising said retail or personal service use. In addition, said accessory retail or personal service use shall not comprise more than 0.5% of the gross floor area of the office building to which it is accessory. If the accessory use is a massage establishment, a special use permit shall be required pursuant to the procedures and standards set forth in § 285-36T of this chapter.
[Amended 11-9-2015 by L.L. No. 14-2015]
(b)
Offices or agencies for scientific research
or technical development, including laboratories, libraries and administrative,
training, data processing, publication and related facilities in connection
with such uses, provided that:
[1]
No machinery or equipment shall
be installed and no labor shall be engaged upon the premises for the
manufacture, processing or assembly of goods or articles, except the
manufacturing, processing or assembly of prototype or experimental
products in which the close supervision by scientific personnel of
a permitted research laboratory is required.
[2]
All mechanical and other apparatus
and manual services employed in such use shall be devoted to scientific
research and technical development of manufactured, processed or compounded
products.
[3]
No such process or operation shall involve the
handling, storage or discharge of explosives. The use of any virus
or other type of infectious organisms identified with diseases of
animals or humans must be carried out in compliance with all county,
state, federal, and/or other applicable regulations.
[Amended 2-10-2016 by L.L. No. 3-2016]
[4]
No manufacturing, processing or
assembly of goods or articles of any kind for sale shall be permitted
on the premises, except for the sale of prototype or experimental
products which are the result of or the end product of scientific
research, development or engineering.
[5]
No offensive noises, gases, fumes,
smoke, odors, dust or vibrations shall emanate from such use, and
no waste products of such character as to create a nuisance or to
be injurious to health or safety shall be discharged therefrom.
[6]
Related retail and personal service accessory uses, such as but not limited to lunch counters, lunch stands, newsstands and barbershops, shall be permitted, subject to all conditions set forth for said uses in Subsection B(1)(a) above. Under no circumstance shall a massage establishment be permitted without a special use permit from the Town Board, pursuant to the procedures and standards set forth in § 285-36T of this chapter.
[Amended 11-9-2015 by L.L. No. 14-2015]
(c)
Telephone exchanges.
(d)
Conference centers.
(e)
Post offices.
(2)
Principal uses, Type II: commercial uses.
(b)
Fully enclosed, freestanding laundry or dry-cleaning
establishments.
(c)
Fully enclosed, freestanding movie theaters
or cinemas.
(d)
The retail sale of plants and supplies, including
nursery-type operations.
(e)
Unified shopping center developments, including commercial establishments for the retail sale of consumer merchandise, personal service establishments, banks, laundry or dry-cleaning establishments, movie theaters or cinemas, retail sale of garden materials and supplies and ice cream stands. Restaurants, quick-service or fast-food establishments and cabarets shall be permitted in such unified shopping center developments, provided that said uses satisfy all conditions for such uses as set forth in this chapter, including securing a special permit from the Planning Board. Massage establishments shall be permitted in unified shopping center developments, provided that said use satisfies all conditions for such use as set forth in this chapter, including securing a special permit from the Town Board pursuant to the procedures and standards set forth in § 285-36T of this chapter.
[Amended 4-13-1983; 11-9-2015 by L.L. No. 14-2015]
(f)
Fully enclosed commercial recreation facilities consisting of 5,000
square feet of gross floor area, or less.
[Added 10-23-2019 by L.L. No. 2-2022]
(3)
Principal uses, Type III: residential uses.
(a)
Multifamily developments of not more than four
stories in height shall be permitted at a maximum density of 35 bedrooms
per acre, provided that:
[1]
The minimum lot size for a multifamily
development shall be two acres in single-use developments. In multiple-use
developments containing multifamily development, a minimum of two
acres of the site shall be utilized for multifamily development.
[2]
The minimum average livable floor area for each dwelling unit in a multifamily dwelling shall be 750 square feet as required in § 285-39 of this chapter.
[3]
Accessory uses in all multifamily developments shall comply with the applicable requirements in Subsection B(7) of this section, except that suitable open space shall be provided at a minimum of 75 square feet of suitable open space for each bedroom contained in the multifamily development, but not less than 150 square feet for each dwelling unit contained in said development.
[4]
Off-street parking for multifamily developments may be located in any required yard, provided that the minimum distances set forth in Subsection C(3) are provided.
[5]
A minimum distance equal to the
average height of the principal buildings on the site at the point
where said buildings are most closely proximate to each other shall
be provided between all buildings on the site.
[Amended 4-8-1981]
(4)
Principal uses, Type IV: public and quasi-public
uses. Uses, such as but not limited to museums; art galleries; libraries;
churches; public, private or religious schools which are accredited
by the New York Board of Regents; cemeteries; and governmental uses.
(5)
Special permit uses.
(5.1)
Planning Board, special permit uses Type II: commercial uses. A special permit shall be required from the Planning Board in accordance with the procedures set forth in Subsection G herein. Any such special permit use must comply with the general standards set forth below and the special standards enumerated in each subdivision applicable to the particular special permit use in the district specified.
[Amended 4-13-1983; 8-17-2005 by L.L. No. 3-2005; 3-11-2015 by L.L. No. 2-2015]
(a)
General standards.
[1]
Each special permit use shall be
reasonably necessary for the public health or general interest or
welfare.
[2]
Each special permit 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 concerned is situated and will not be detrimental
to the orderly development of adjacent districts.
[3]
Each special permit use shall be
so located in order to be adequately serviced by transportation facilities,
water supply, waste disposal, fire and police protection and similar
services.
[4]
Each special permit use sought
which adjoins or abuts a residence district shall be so located in
the lot involved that it shall not impair the use, enjoyment and value
of adjacent residential properties.
[5]
Each special permit use shall not
create pedestrian or vehicular traffic hazards because of its location
in relation to similar uses, necessity of turning movements in relation
to its access to public roads and intersections, or its location in
relation to other buildings or proposed buildings on or near the site
and the traffic patterns from such buildings.
[6]
Each special permit use shall not
include the display of signs, noise, fumes or lights that will hinder
normal development of the district or impair the use, enjoyment and
value of adjacent land and buildings.
(b)
Uses requiring special permit.
[1]
Fully enclosed commercial recreation
facilities, consisting of greater than 5,000 square feet of gross
floor area or greater; provided that when the use is proposed in a
multitenant building or a multi-use site, the applicant shall demonstrate
to the satisfaction of the Planning Board that adequate available
peak-time parking vacancies exist.
[Amended 10-23-2019 by L.L. No. 2-2022]
[2]
Fully enclosed freestanding funeral
homes or undertaking establishments.
[3]
Fully enclosed freestanding animal
hospitals, provided that:
[a]
All operations, including runways,
shall be within a totally enclosed, fully soundproofed, mechanically
ventilated or air-conditioned building.
[b]
All operations shall be conducted
and the structure maintained in such a manner that they are not offensive,
obnoxious or detrimental to adjoining properties by reason of noise
or odors.
[c]
Permitted operations shall not
include the boarding of animals or the operation of a kennel, except
that the boarding of animals related to a course of medical treatment
shall be permitted during the period of such treatment.
[4]
Fully enclosed quick-service or
fast-food establishments, provided that:
[a]
No such establishment shall be
located nearer than 2,000 feet to another such establishment as measured
from their property lines.
[b]
Together with the special permit
application, there shall be submitted preliminary approvals from the
appropriate state, county and Town authorities as to the following:
curb cut approval; ingress and egress; acceleration and/or deceleration
lanes; traffic signalization; internal traffic flow.
[c]
The applicant shall satisfy the
Planning Board that there will be sufficient security to prevent the
use of the premises as a loitering place during hours of operation
and that there will be proper facilities and personnel for disposal
of the trash and other debris of a quick-service eating and drinking
establishment.
[5]
Fully enclosed restaurant use,
other than cabaret use, but in no event including diners or similar
structures or outdoor counter service, drive-in or curb-service establishment.
Such prohibitions shall not, however, prevent service at tables on
a covered or uncovered terrace or porch incidental to a permitted
restaurant, provided that there is no increase in the total capacity
as approved by the Planning Board, and further provided that:
[a]
No such establishment shall be
located nearer than 50 feet to a residential district line.
[b]
Together with the special permit
application, there shall be submitted preliminary approvals from the
appropriate state, county and Town authorities as to the following:
curb cut approval; ingress and egress; acceleration and/or deceleration
lanes; traffic signalization; internal traffic flow and adequacy of
parking.
[c]
The applicant shall satisfy the
Planning Board that there will be sufficient security to prevent the
use of the premises as a loitering place during the hours of operation
and that there will be proper facilities and personnel for disposal
of the trash and other debris of a restaurant.
[d]
All restaurants in operation and
those restaurants for which site plan approval has been granted as
of the effective date of this amendment are exempt from this special
permit requirement. However, should there be any alteration to either
an existing restaurant or one which has received site plan approval
as of the effective date of this chapter, this exemption shall not
apply.
[6]
Fully enclosed cabaret use, provided
that:
[a]
No such establishment shall be
located nearer than 2,000 feet to another such establishment, as measured
from their property lines.
[b]
Together with the application,
there shall be submitted preliminary approvals from the appropriate
state, county and Town authority as to the following: curb cut approval;
ingress and egress; acceleration and/or deceleration lanes; traffic
signalization; internal traffic flow.
[c]
The applicant shall satisfy the
Planning Board that there shall be sufficient security to prevent
the use of the premises as a loitering place during hours of operation.
[7]
Fully enclosed freestanding ice
cream stands.
[8]
Child day-care centers, provided that:
[a]
A site plan acceptable to the Planning Board shall
be submitted which meets all the requirements of this chapter.
[b]
The application for site plan approval shall include
a fully dimensioned diagram or floor plan showing planned occupancy
or use of all areas, interior and exterior, to be utilized for day
care, including exits, fire prevention measures, windows, doors, sanitary
facilities, off-street parking and vehicular dropoff areas. The diagram
shall also indicate the shortest distance between the day-care center
building and the nearest lot line of a residentially zoned parcel,
and the shortest distance between the center building and the nearest
residential building.
[c]
An appropriately fenced outdoor activity area providing
adequate room for the size of the proposed day-care center shall be
provided on site. If such outdoor area is not directly adjacent to
the indoor area of the day-care center, a supervised crosswalk shall
be provided between the two areas. A minimum distance shall be provided
between any paved or impervious surface being a portion of such outdoor
area and all lot lines, said minimum distance being equal to the minimum
distance otherwise required between off-street parking areas and lot
lines. A minimum distance of 10 feet shall be provided between all
portions of such outdoor area and all off-street parking areas. A
landscaped buffer area with a minimum width of 10 feet shall be provided
between all portions of such outdoor area and all lot lines. Where
the existing topography or landscaping provides adequate screening,
the Planning Board may waive or modify the planting, landscape, and
distance requirements of this chapter.
[d]
No portion of said day-care center shall be located
in a basement which has more than 1/2 its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building.
[e]
All indoor areas used as a day-care center shall
be provided with windows and adequate light and air.
[f]
Security measures shall be implemented which are
sufficient to ensure that no unauthorized persons can gain access
to the building and outdoor activity areas. Such measures shall be
described in detail in the special permit application.
[g]
Pickup and dropoff protocols shall be implemented
which are sufficient to ensure that all children are under direct
supervision by appropriately trained staff members from the moment
they leave the care of their parent or guardian until the moment they
are returned to the care of their parent or guardian. Such protocols
shall be described in detail in the special permit application.
[h]
All applicable requirements of the New York State
Office of Children and Family Services, and the Building and Fire
Codes of New York State, shall be strictly complied with. A special
permit granted pursuant to this section shall be considered revoked
immediately upon revocation of, or failure to maintain, any license
or registration required by the Office of Children and Family Services.
[9]
Type II commercial uses: motor vehicle sales uses
and motor vehicle sales lots, subject to the following:
[Added 12-6-2015 by L.L.
No. 16-2015]
[a]
Standards.
[i]
Minimum lot size: 40,000 square feet.
[ii]
Maximum height: 2 1/2 stories, not to exceed
30 feet.
[iii]
Maximum floor area ratio: 0.35.
[iv]
Parking requirement: one parking space per 200
square feet of indoor retail sales area of the motor vehicle sales
use.
[v]
The motor vehicle sales use and motor vehicle sales lot shall be suitably screened from adjoining residential districts and other neighboring uses with landscaping amenities along the site's frontage, including, but not limited to, planted evergreen buffers of appropriate height, type, spacing and arrangement, shrubs and bushes, or fencing approved by the Planning Board. Should such vegetative screening become diseased, dying or dead, it shall be replaced by the next growing season. Landscaping shall comply with § 285-29.1D.
[vi]
The owner/operator of the motor vehicle sales
use and motor vehicle sales lot shall provide evidence that all existing
sidewalks abutting the property are in good condition and remain unobstructed.
The sidewalks shall be maintained to the satisfaction of the Commissioner
of the Department of Public Works and/or in accordance with NYSDOT
standards. Where sidewalks in these locations do not exist, new sidewalks
must be designed and installed in connection with the applicable Department
of Public Works and/or NYSDOT approval process.
[vii]
All repair work must be done within a totally
enclosed building.
[viii]
The outdoor storage of motor vehicles is limited
to new motor vehicles for sale on the premises and used motor vehicles
acquired as trade-ins or purchases in connection with the sale of
new motor vehicles. Plans submitted in support of the special permit
shall depict the location of spaces for vehicles that are waiting
to be serviced.
[ix]
The accessory motor vehicle repair shop and motor
vehicle storage shall continue so long as the sale of new motor vehicles
continues and both are conducted under the same ownership as one enterprise.
[x]
Off-site storage of motor vehicles may be allowed
if such use is permitted in the off-site underlying zoning district
and shall be subject to the applicable approval process.
[xi]
An application for a special use permit pursuant
to this section must include an offloading/loading plan detailing
how inventory will be delivered to and picked up from the lot in a
manner that will be in conformity with the New York State Vehicle
and Traffic Law and not obstruct traffic on Route 100 in the Central
Avenue Mixed-Use Impact District, adjacent streets or sidewalks.
[b]
Conditions. Upon finding that the standards set
forth above have been fully met, the Planning Board shall grant a
special use permit for a motor vehicle sales use and motor vehicle
sales lot. In so doing, the Planning Board may impose any reasonable
conditions that it deems necessary to achieve the standards set forth
herein.
[c]
Planning Board special use permit procedure for
a motor vehicle sales use and motor vehicle sales lot.
[i]
An application for a special use permit for a motor
vehicle sales use and motor vehicle sales lot shall be submitted to
the Department of Community Development and Conservation, in writing.
[A]
The application shall include but not be limited
to the following: the name and location of the motor vehicle sales
use and motor vehicle sales lot; the name and address of the lot owner;
the name and address of the agent or manager who will operate the
facility. A layout plan shall also be submitted indicating the location
and the type of the general landscaping, evergreen screening or fencing,
ingress and egress, curbing, sidewalks, retaining walls, and lighting
provided so as to minimize its impact upon the immediate area. The
application shall also include a site plan of the lot showing the
location of the principal and any accessory buildings.
[ii]
Public hearing required.
[A]
Unless extended by mutual consent of the applicant
and the Planning Board, a public hearing on an application for a special
use permit for a motor vehicle sales use and motor vehicle sales lot
shall be scheduled and conducted by the Planning Board within 62 days
after the certification by the Commissioner of Community Development
and Conservation of receipt of a complete application. To the extent
possible, such public hearing shall take place at the same time as
any other public hearing required to be held by the Planning Board
in regard to motor vehicle sales uses and motor vehicle sales lots.
[B]
Notice of such public hearing shall be published
in the official newspaper of the Town and mailed by the applicant
to property owners within 500 feet of the perimeter of the subject
property at least 10 days prior to such public hearing. Proof of such
mailing shall be provided to the Town Clerk not less than five days
before the public hearing is held. The cost of such notice shall be
borne by the applicant.
[iii]
Action of the Planning Board.
[A]
Unless
extended by mutual consent of the applicant and the Planning Board,
within 62 days of the date on which a public hearing is closed, the
Planning Board shall, by resolution, act on said application and shall
specify what conditions, if any, are being imposed.
[B]
All
Planning Board actions on applications for special use permits for
motor vehicle sales uses shall be recorded on forms prescribed by
the Planning Board, shall fully set forth the vote and findings of
the Planning Board and the materials upon which its action is based,
and shall be filed in the office of the Town Clerk.
[iv]
Special use permit time limit. A special use permit
under this section for a particular site, once approved by the Planning
Board, shall not expire unless the motor vehicle sales use and motor
vehicle sales lot cease on the site.
(5.2)
Town Board special permit uses.
[Amended 4-25-2012 by L.L. No. 3-2012]
(a)
Type I: office uses. Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
(b)
Type II: commercial uses. Gasoline service station, subject
to the following:
[1]
All gasoline service stations in existence on January 1, 2008, located in the Central Avenue Mixed-Use Impact District can apply for a special use permit from the Town Board of the Town of Greenburgh within 180 days of the adoption of this law. If a property owner or entity chooses not to apply for the special permit within 180 days of the adoption of this law, then any gasoline service stations in existence on January 1, 2008, located in the Central Avenue Mixed-Use Impact District will remain a nonconforming use, subject to § 285-29.1H of the Town Code.
[2]
General standards.
[a]
Each special permit use shall be of such character,
intensity, size and location that, in general, it will be in harmony
with the orderly development of the Central Avenue Mixed-Use Impact
District in which the property concerned is situated and will not
be detrimental to the orderly development of adjacent districts.
[b]
Each special permit use 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 normal development
of the district or impair the use, enjoyment and value of adjacent
land and buildings.
[c]
Each special permit use shall be so located in
order to be adequately serviced by transportation facilities, water
supply, waste disposal, fire and police protection and similar services.
[3]
Specific standards.
[a]
Operation of a gasoline service station must satisfy the standards set forth in § 370-4 of the Town Code.
[c]
Parking requirement: as set forth in § 285-38E, Industrial and heavy commercial uses, gasoline service station.
[d]
The gasoline service station shall be suitably
screened from adjoining residential districts and other neighboring
uses and provide landscaping amenities along the site's frontage where
feasible, with, including, but not limited to, planted evergreen buffers
of appropriate height, type, spacing and arrangement, shrubs and bushes,
or fencing approved by the Commissioner of Community Development and
Conservation. Should such vegetative screening become diseased, dying
or dead, it shall be replaced within the next growing season.
[e]
The gasoline service station shall have or cause
to have a sidewalk, approved by the Commissioner of the Department
of Community Development and Conservation, along its frontage with
Central Park Avenue, subject to the approval of the New York State
Department of Transportation.
[4]
Conditions. Upon finding that the general and specific
standards set forth above have been fully met, the Town Board may
grant a special permit for a gasoline service station. In so doing,
the Town Board may impose any conditions that it deems necessary to
accomplish the reasonable application of such standards.
[5]
Town Board special permit procedure for gasoline
service station:
[a]
Application for a special permit. All applications
for a special use permit for a gasoline service station shall be submitted
to the Department of Community Development and Conservation, in writing.
[i]
The application shall include but not be limited
to the following: the name and location of the station; the name and
address of the lot owner; the name and address of the agent or manager
who will operate the station; the name and address of the oil company
which supplies the greatest percentage of petroleum products to the
station; the number and type of petroleum fuel storage tanks; a detailed
description of the types of business the station will transact; and
the auxiliary fire-fighting apparatus available. A layout plan shall
also be submitted indicating the location and type of the general
landscaping, evergreen screening, fencing, architectural treatment,
egress and ingress, curbing, sidewalks, retaining walls and lighting
provided so as to minimize its impact upon the immediate area. The
application shall also include a site plan of the lot showing the
location of the principal and accessory buildings, fuel pumps, tire
racks, paved areas, yard signs and fuel storage tanks.
[b]
Public hearing required.
[i]
Unless extended by mutual consent of the applicant
and Town Board, a public hearing on an initial application for a special
permit for a gasoline service station shall be scheduled and conducted
by the Town Board within 62 days after certification to the Town Board
by the Commissioner of Community Development and Conservation of receipt
of a complete application. To the extent possible, such public hearing
shall take place at the same time as any other public hearing required
to be held by the Town Board in regard to the gasoline service station.
[ii]
Notice of such public hearing shall be published
in the official newspaper of the Town and mailed by the applicant
to property owners within 500 feet of the perimeter of the subject
property at least 10 days prior to such public hearing. Proof of such
mailing shall be provided to the Town Clerk not less than five days
before the public hearing is held. The cost of such notice shall be
borne by the applicant.
[c]
Action by the Town Board.
[i]
Unless extended by mutual consent of the applicant
and Town Board, within 62 days of the date on which a public hearing
is closed the Town Board shall, by resolution, act to approve, disapprove
or approve with conditions said application and shall specify what
conditions, if any, are being imposed. If a negative vote is not cast
by a majority of all members of the Board, on a motion within 62 days
of the date on which a public hearing is closed, the special permit
is deemed granted.
[ii]
All Town Board actions on applications for special
permits for gasoline service stations shall be recorded on forms prescribed
by the Town Board, shall fully set forth the vote and findings of
the Town Board, and the materials upon which its action is based,
and shall be filed in the office of the Town Clerk.
[d]
Gasoline service station renewal of permit.
[i]
After being granted a special use permit from the Town Board, no person or entity shall thereafter continue to maintain or operate a gasoline service station without renewing the annual gasoline service station operating permit from the Building Inspector. Permits shall be renewed pursuant to the provisions of § 370-4 of the Town Code.
[ii]
All annual gasoline service station operating
permits shall expire on December 31 of every year.
(c)
(Reserved)[3]
[3]
Editor's Note: Former Subsection B(5.1)(c), regarding motor
vehicle sales uses and motor vehicle sales lots, added 10-22-2014
by L.L. No. 2-2014, was repealed 12-6-2015 by L.L. No. 16-2015. This
local law also repealed former Subsection B(5.1)(d), added 8-19-2015
by L.L .No. 8-2015, regarding motor vehicle sales uses and motor vehicle
sales lots.
(6)
Multiple-use developments. Combinations of Type
1, Type II principal and special permit, Type III or Type IV uses
may be developed, provided that in no event shall the gross floor
area from any type comprise less than 25% of the gross floor area
of said development, and further provided that in no event shall Type
II principal or Type II special permit uses comprise more than 33%
of the gross floor area of said development. For the purposes of this
subsection, each dwelling unit in a multiple-use development shall
be deemed to comprise 1,000 square feet of gross floor area. However,
under no circumstances shall a Type III principal use be combined
in the same building with a Type I, Type II or Type IV principal or
special permit use.
(a)
Method of calculation. The site area required
for each individual use permitted in a multiple-use development shall
be calculated as follows:
[1]
For Type I, Type II principal and special permit and Type IV uses: Divide the amount of development desired for each specific use in the multiple-use development by the FAR as indicated in Subsection B(3) above. This calculation indicates the square footage of site area required for each use in the multiple-use development.
[2]
For Type III uses: Divide the number of bedrooms desired in the multiple-use development by the number of bedrooms permitted per acre as indicated in Subsection B(3) above. This calculation indicates the number of acres required for the residential use. The minimum acreage for the use shall be two acres.
(7)
Accessory uses.
(a)
The following accessory uses are permitted as incidental to the principal uses authorized by Subsection B(1).
[1]
Restaurants, cafeterias and lunchrooms,
not including diners and similar facilities, for the use of executives,
employees and visitors of the principal use, but excluding the general
public, and provided that such accessory use is maintained within
the principal building.
[2]
In-service training schools for
employees of the principal use, provided that such training school
is maintained within the principal building.
[3]
Private garage for the storage
of private passenger vehicles used by executives, employees or visitors
of the principal use, provided that such garage is located within
the principal building.
[4]
Off-street parking area for private
passenger vehicles used by executives, employees or visitors of the
principal use.
[5]
Off-street loading area for the
delivery of goods to and from the principal use.
(b)
The following accessory uses are permitted as incidental to the principal uses authorized by Subsection B(2) and (5).
[1]
Off-street parking area for private
passenger vehicles of visitors, shoppers and employees of the principal
use.
[2]
Off-street loading area for the
delivery of goods to and from the principal use.
[3]
Garage for the storage only of
commercial vehicles used for the delivery of goods purchased within
the principal use or for the storage of maintenance, cleaning and
snow-removal equipment and material for the parking area used in connection
with the principal use and only on that site, provided that it is
located within the principal building.
(c)
The following accessory uses are permitted as incidental to the principal uses authorized by Subsection B(3).
[1]
A professional office or studio maintained and only permitted with the principal building and as permitted and limited in § 285-18A(3), except that no professional office or studio shall be above the ground floor.
[4]
Roomers and boarders shall be prohibited except by special permit in detached single-family dwellings pursuant to the provisions of § 285-10A(2)(g).
[5]
Off-street parking area for private
passenger vehicles of residents, visitors or employees of the principal
use.
[6]
Off-street loading area for the
delivery of goods to and from the principal use.
[7]
Private garage for private passenger
vehicles of residents, visitors and employees of the principal use,
located within or under the principal building to which it is accessory.
[8]
Antennas, subject to the conditions set forth in § 285-37 of this chapter.
[Added 11-14-1984; amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[9]
Common dining, laundry, security
and housekeeping facilities, principally for the use of residents,
in conjunction with dwelling units occupied as independent living
facilities.
[Added 10-14-1992 by L.L. No. 6-1992]
(d)
The following accessory uses are permitted as incidental uses authorized by Subsection B(4):
[1]
Off-street parking areas for the
private passenger vehicles of the officers, directors, members, visitors
or employees of the principal use.
[2]
Off-street loading area for the
delivery of goods to or from the principal use.
(e)
For multiple-use developments, the accessory
uses incidental to the principal uses (as set forth above) that comprise
said multiple-use development.
(8)
Central Avenue facade and signage regulations.
[Added 9-25-1996 by L.L. No. 10-1996]
(a)
Unified plan design. Any signage approved under this section must be in conformance with a unified facade, wall sign, landscape and yard sign plan, the "unified plan," for purposes of this chapter. All unified plans will be subject to provisions of Article VIII, Site Plan Approval, of the Greenburgh Zoning Code and will be subject to any other applicable regulations of the Town or other agencies with approval authority. The unified plan shall be a required component of any development application. The unified plan shall demonstrate the following criteria to the satisfaction of the Planning Board or, when meeting the criteria of the site plan exemption provisions of § 285-56D, shall satisfy the signatory individuals that:
[1]
Building facades shall be in good
repair. Individual building facades shall be coordinated in design
and shall be complimentary to adjacent facades. The Planning Board
may require other features, such as articulated rooflines, screening
of rooftop or yard-located utilities or use of certain materials,
as appropriate to achieve a harmonious relationship among facades
on Central Avenue.
[2]
Building wall signs shall be grouped
in sign bands of uniform height, both above ground and within the
sign bands. When some specific overall design objective is demonstrated
which contributes to a more harmonious arrangement, these sign band
regulations may be modified to accommodate approved designs.
(b)
Yard sign design standards. The following design standards shall apply to all new yard signs in the Central Avenue Mixed-Use Impact District and shall supersede all conflicting provisions of Chapter 240:
[1]
All yard signs shall display, at
the top of the sign, the building or business(es) address number,
as appropriate. Addresses shall not be included in calculation of
sign size.
[2]
All sign lettering shall be a minimum
of eight inches in height and shall have a minimum two-inch-letter-line
width. Sign panels shall have uniformly colored backgrounds and shall
be placed in an approved arrangement. In no event shall signs be allowed
to interfere with necessary motor vehicle sight distances or to otherwise
provide a distraction that may cause a negative impact on traffic
safety.
[3]
Yard signs shall not exceed 12
feet in height, above ground, by six feet in width, including posts.
Sign panels shall have a minimum ground clearance of six feet. Exceptions
for signs mounted at a lower height shall be made by the Planning
Board only upon the recommendation of the Building Inspector, the
Commissioner of Community Development and Conservation and the Town
Engineer.
(c)
Unified shopping center signs. When the front yard facade of a building in a Unified Shopping Center on Central Avenue is 100 feet or more from the Central Avenue curbline and when that lot has a landscaped island of a minimum width of 20 feet separating it from the Avenue, the provisions of Chapter 240 may be modified to meet the following design standards:
[1]
All wall signs may be increased
by 10% in area over otherwise allowable sizes.
[2]
The number and/or area of yard
signs may be increased to accommodate separate name bands for each
retail business which occupies 750 square feet or more and for each
office use of 1,500 square feet or more of floor area.
[3]
When a building or shopping center
advertises its name on a yard sign, in addition to the individual
businesses, the building name shall not exceed in size twice that
of any business when displayed on no more than one yard sign. When
an approved unified plan yields more than one yard sign and the building
or shopping center name is placed on more than one yard sign, said
name shall be no more than 50% larger than that of any business. All
new yard signs shall provide for three square feet of sign area, for
individual businesses. No individual business name shall be placed
on more than one yard sign. Business and building or shopping center
names shall be aggregated onto the minimum possible number of yard
signs.
C.
Lot and bulk requirements shall be as follows:
(2)
Minimum yards:
|
Lots of 50,000 Square
Feet or Larger
(feet)
|
Lots of Less Than 50,000
Square Feet
(feet)
| ||
|---|---|---|---|
|
Front
|
80
|
40
| |
|
Side
|
40
|
20
| |
|
Rear
|
50
|
25
|
(3)
Minimum distance from detached accessory structure
or use or off-street parking areas to:
|
Lots of 50,000 Square
Feet or Larger
(feet)
|
Lots of Less Than 50,000 Square Feet
(feet)
| ||
|---|---|---|---|
|
Principal building
|
10
|
10
| |
|
Front lot line
|
20
|
20
| |
|
Side lot line
|
20
|
10
| |
|
Rear lot line
|
25
|
15
|
(4)
Maximum height: As indicated in Table I,[5] except that all multiple-use buildings combining Type
I principal uses, Type II principal and special permit uses and/or
Type IV principal uses shall have a maximum of four stories, not to
exceed 48 feet.
[Amended 7-8-1987 by L.L. No. 3-1987]
[5]
Editor's Note: Table I is included at the
end of this chapter.
D.
Required landscaping. The following landscaping requirements, in addition to those which may be required under Article VIII of the Zoning Ordinance, shall apply to all Central Avenue Mixed-Use Impact (CA) District properties:
(1)
All portions of improved properties which are
not used for buildings, structures, off-street parking and loading,
sidewalks, malls or similar purposes shall be appropriately landscaped
with grass, shrubs, trees and other ground cover in such manner as
to minimize erosion and stormwater runoff and harmoniously relate
such uses to the character of the Town as a whole.
(2)
Landscape areas of a minimum of 10 feet in width
shall be provided along all side and rear property lines. Such landscape
areas shall comply with the following minimum standards as well as
all applicable requirements set forth elsewhere in this chapter:
(a)
Landscape areas shall include evergreen planting,
decorative fences, berms and other landscaping of such type, height,
spacing and arrangement as, in the judgment of the Planning Board,
will effectively screen the activity of the lot from neighboring uses.
(b)
A wall or fence of location, height, design
and materials approved by the Planning Board may be required additionally
or may be substituted for part or all of the required landscaping.
(c)
Where the existing topography and/or existing
landscaping provides adequate screening, the Planning Board may waive
or modify the planting and/or landscape requirements of this chapter.
(3)
Landscape areas a minimum of 20 feet in width
shall be provided along all front property lines and street lines.
Such landscape areas shall contain trees and/or either shrubs, at
least 50% of which shall be evergreen, and/or decorative fencing materials,
and/or earth berms and/or grass, and/or decorative ground covers,
or decorative fencing materials, or decorative paving materials. In
accordance with the Town of Greenburgh Landscaping and Screening Maintenance
Ordinance, such landscaped areas shall be suitably maintained and
kept free of rubbish at all times. Such landscaped areas shall be
separated from parking areas by a curb not less than six inches in
height or by a bumper guard approved as to type and construction by
the Building Inspector.
(4)
Unless specifically waived by the Planning Board,
outdoor parking spaces shall be divided into subareas with raised
and curbed landscaped islands separating each subarea so designed
as to assure a smooth flow of traffic. Said islands shall be a minimum
width of 10 feet and shall be suitably landscaped with trees, grass
or other ground cover deemed appropriate by the Planning Board. In
addition and unless specifically waived by the Planning Board, not
more than 15 spaces in a single line shall be permitted without such
a suitably landscaped curbed island.
(5)
Required separation of residential and nonresidential
uses. Any multiple-use development comprised of Type III residential
uses and either Type I, Type II principal and special permit or Type
IV nonresidential uses shall provide a suitable landscaped buffer
area between said residential and nonresidential uses of not less
than 50 feet. Said buffer shall comply with all applicable landscaping
requirements set forth above.
E.
Prohibited uses. Any use not specifically set forth as a permitted use herein is prohibited, including but not limited to a public garage, gasoline service station other than those approved pursuant to § 285-29.1B(5.2)(b)[1], massage establishment other than the ones approved pursuant to § 285-29.1B(1)(a), (b)[6], (2)(e) or 5.2(d), massage parlor, car-washing establishment, tire store or repair auto parts store with installation, service or repair facilities on the premises, motel, hotel, automobile court, tourist home, rooming house, furnished room house, boardinghouse, storage, warehousing or wholesale establishment and the outdoor storage of maintenance, cleaning and snow-removal vehicles.
[Amended 4-25-2012 by L.L. No. 3-2012; 10-22-2014 by L.L. No. 2-2014; 8-19-2015 by L.L. No. 8-2015; 11-9-2015 by L.L. No. 14-2015; 12-6-2015 by L.L. No. 16-2015; 10-23-2019 by L.L. No. 2-2022]
F.
Site plan approval. Development within the CA District shall be subject to the provisions of Article VIII of the Zoning Ordinance of the Town of Greenburgh, New York, and any other applicable statutes, laws and ordinances.
G.
Planning Board special permit procedure.
(1)
Applications for a special permit.
(a)
All applications for special permit shall be
submitted to the Secretary to the Planning Board, in writing, on forms
prescribed by the Planning Board. Said application shall be accompanied
by a site plan for the proposed development, and said site plan shall
indicate the location and design of all buildings and structures,
parking and truck-loading areas and access drives thereto, and existing
and proposed grading at contour intervals of five feet or less. Said
site plan shall also indicate the general landscaping, evergreen screening,
fencing, architectural treatment, egress and ingress, curbing, sidewalks,
retaining walls and lighting to be provided so as to minimize its
impact upon the immediate area. The Planning Board may require the
submittal of any other pertinent information as may be necessary to
determine and provide for the proper consideration of the application
for a special permit. An applicant may elect to submit, concurrently,
applications for a special permit and for site plan approval.
(2)
Public hearing required.
(a)
A public hearing on an application for a special
permit shall be scheduled and conducted by the Planning Board within
45 days after certification to the Planning Board by the Secretary
to the Planning Board of receipt of a properly completed application.
To the extent possible, such public hearing shall take place at the
same time as any other public hearing required to be held by the Planning
Board in regard to the proposed development. Notice of such public
hearing shall be published in the official newspaper of the Town and
mailed to property owners within 500 feet of the perimeter of the
subject property at least 10 days prior to such public hearing. The
cost of such notice shall be borne by the applicant.
(b)
Within 45 days of the date of which a public
hearing is closed, the Planning Board shall, by resolution, act to
approve, disapprove or approve with conditions, if any are necessary.
(c)
All Planning Board actions on applications for
special permits shall be recorded on forms prescribed by the Planning
Board and shall fully set forth the circumstances of the case and
the findings of the Planning Board upon which its action is based.
(3)
Conditions for issuance of permit.
[Added 3-11-2015 by L.L. No. 2-2015]
(a)
Upon finding that such general standards and any specific standards
set forth in the special permit section of the CA District have been
fully met, the Planning Board may grant such special permit, and in
so doing may impose any conditions that it may deem necessary to accomplish
the reasonable application of such standards.
(b)
Said Board may require as a condition of the granting of any
special permit that it shall be periodically renewed, or said Board
may grant a temporary special permit 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 to the original granting of the special permit
involved and in conformity with the aforesaid general and special
standards.
H.
Nonconforming buildings and uses in Central Avenue
Mixed-Use Impact (CA) District. The following regulations shall apply
to nonconforming buildings and uses in the Central Avenue Mixed-Use
Impact (CA) District:
(1)
Definitions. For purposes of this section, a
nonconforming use in the Central Avenue Mixed-Use Impact (CA) District
shall be a use which does not conform to the requirements set forth
herein respecting permitted uses. A nonconforming building shall be
a building which does not conform to the requirements set forth herein
respecting maximum floor area ratio or maximum density. In addition,
a nonconforming use or building shall have lawfully existed prior
to the adoption of this section as part of the Zoning Ordinance of
the Town of Greenburgh, New York, and which use or building is maintained
following the adoption of this section, although said use or building
does not conform to the regulations of the Central Avenue Mixed-Use
Impact (CA) District.
(2)
Conditions governing nonconforming buildings
and uses in the Central Avenue Mixed-Use Impact (CA) District.
(a)
Any nonconforming building shall not be enlarged
beyond the exterior walls of said building or in any other manner
that would increase said nonconformance.
(b)
Any nonconforming building may be altered by
interior modifications, provided that the altered building does not
increase the degree of nonconformity with respect to the permitted
floor area ratio, density and parking and loading requirements as
set forth in Table I hereof.[8]
[8]
Editor's Note: Table I is included at the
end of this chapter.
(c)
Any building in which a nonconforming use is maintained may be altered by interior modifications, provided that the interior modifications do not increase the intensity of the nonconforming use. The provisions of Subsection H(2)(b) and (c) above 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.
(d)
Any nonconforming use, if changed to another
use which conforms to the permitted use provisions of this section,
may not thereafter be changed back to a nonconforming use.
(e)
Any nonconforming use shall not be changed to
another nonconforming use.
(f)
Any nonconforming use, if discontinued for causes
other than fire or natural disaster for six months or longer, shall
be deemed to be abandoned, and the nonconforming use shall not be
resumed. Intent to resume a nonconforming use shall not confer the
right to do so.
(g)
Any building which is nonconforming or which
contains a nonconforming use, which is destroyed in whole or in part
by fire or other natural disaster, may be repaired or reconstructed
in a manner which does not increase the nonconformity of the building
or use or which does not change the building to a different nonconforming
use.
(3)
Repair and maintenance of nonconforming uses.
Nothing in this section shall be deemed to prevent normal maintenance
and repair, and nothing shall prevent the carrying out, upon issuance
of a building permit, of major structural alterations or demolition
of nonconforming buildings and uses if undertaken in the interest
of public safety.
[Added 9-25-2001 by L.L. No. 12-2001]
A.
Purpose and intent. The Hartsdale Center (HC) District
is a commercial district intended to provide for a variety of intense
commercial activities and services that serve persons in the immediate
surrounding area as well as visitors to East Hartsdale Avenue. The
purpose of this district is to promote improvements to the character
and economic well-being of the hamlet through a well-balanced mix
of uses, architectural guidelines, facade improvements, and safe conditions
for pedestrians.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered, or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
Fully enclosed stores and shops, excluding any
drive-up facilities, for the conduct of any retail sale of consumer
merchandise and fully enclosed personal service establishments;
(b)
Business and professional offices;
(c)
Mixed-use buildings containing retail, personal
service uses, and offices;
(d)
Ice cream stands and bakeries as defined in § 285-5 of this chapter, not to exceed 2,000 square feet of gross floor area;
(e)
Banking offices and banks without drive-up windows;
(f)
Post offices;
(g)
Fully enclosed counter-service dropoff laundry
or dry-cleaning establishments, excluding facilities with coin-operated
laundry machines for public use;
(h)
Pet grooming establishments;
(i)
Public parks owned or operated by a governmental
authority;
(j)
Firehouses, police stations, or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County, or by any other governmental authority;
(k)
Other municipal buildings or uses operated by
the Town of Greenburgh; and
(l)
Uses in existence and in operation at the time
of adoption of this section specific to the location of the preexisting
use. These uses may be continued in a new location so long as the
preexisting use is extinguished at the previous site and carried to
the new site. Such preexisting uses are permitted to also expand to
immediately adjacent properties.
(m)
Fully enclosed commercial recreation facilities consisting of 5,000
square feet of gross floor area, or less.
[Added 10-23-2019 by L.L. No. 2-2022]
(2)
Special permit uses. The Planning Board may
grant a special permit for any of the following special permit uses,
provided that such special permit use complies with the general standards
set forth below and any specified performance standards. The initial
application for the special permit shall be made through the Department
of Community Development and Conservation.
[Amended 8-17-2005 by L.L. No. 3-2005; 11-9-2015 by L.L. No. 14-2015; 10-23-2019 by L.L. No. 2-2022]
(a)
General standards.
[1]
Each special permit 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,
will not be detrimental to the orderly development of the district,
and will not be detrimental to the orderly development of adjacent
districts.
[2]
Each special permit application
shall include, at the time of application, a detailed exterior and
interior layout plan, schedule of activities, hours of operation,
number of employees, and maximum capacities.
[3]
Each special permit use within
the Hartsdale Center District shall not create undue vehicular traffic
and shall not include any display of signs, noise, fumes or lights
that will hinder normal development of the District or impair the
use, enjoyment and value of adjacent land and buildings.
[4]
The applicant for the special permit
shall provide appropriate traffic studies demonstrating that potential
traffic generation according to the said schedule of activities shall
be within the reasonable capacity of the street, and that traffic
and nuisances for pedestrians, cyclists, and vehicles as a result
of the facility will be minimized.
[5]
The applicant for the special permit
shall provide appropriate parking studies demonstrating that the parking
demand for the new use shall be accommodated by existing parking or
parking proposed as part of the new development, and that any potential
traffic congestion problems or parking shortages which may result
will be suitably mitigated.
[6]
The applicant for the special permit
shall demonstrate that the activities within the special permit use
will be appropriate in the proposed location and will have no material
adverse effect on existing or prospective conforming development,
and the proposed site is adequate in size for the use.
(b)
Restaurants, to include coffee shops, and drinking
establishments, excluding quick-service or fast-food establishments
and cabarets, subject to the following provisions:
[1]
No such establishment shall exceed
3,000 square feet of gross floor area.
[2]
There shall be sufficient security
to prevent the use of the premises as a loitering place during the
hours of operation.
[3]
There shall be proper facilities
and personnel for disposal of the trash and other debris generated
by the facility.
[4]
Outdoor dining shall be permitted
as an accessory use, subject to the following:
[a]
The width of the public portion
of the sidewalk adjacent to the street shall not be constricted by
the restaurant seating area. There shall be a minimum of five feet
of clear distance or 50% of the sidewalk width, whichever is greater,
in the public right-of-way, free of all obstructions to allow adequate
pedestrian movement. The minimum distance shall be measured from the
line or nearest sidewalk obstruction adjacent to the curbline, such
as a public bench, garbage receptacle, or utility pole. Outdoor seating
shall not be allowed if the minimum public clearance distance is not
met.
[b]
Outdoor dining area furnishings
shall consist solely of readily removable umbrellas, covers, tables,
chairs, planters containing live plants, and decorative accessories.
The number and location of tables shall be compliant with the maximum
occupancy and aisle width standards for dining facilities set forth
in the New York State Uniform Fire Prevention and Building Code. No
furnishing or other object may be attached, even in a temporary manner,
to the sidewalk or other public property, or to any building or structure,
and no furnishing or other object shall extend beyond the area delineated
in Subsection B(2)(b)[4][a] above. All furnishings shall be removed
from the sidewalk and stored indoors when the establishment is closed.
[c]
Outdoor dining areas, including
the adjacent public right-of-way along the building frontage, shall
be kept free and clear at all times of litter, debris, and any substance
that may damage the sidewalk or cause injury to a pedestrian. Failure
to comply will result in a violation of the conditions of the special
permit.
[d]
All foods and beverages shall be
prepared within the establishment, compliant with the terms and conditions
of any permit which may be required under any other law or regulation
for the serving of food and beverages, to include alcoholic beverage
permits.
(c)
Cabarets, subject to the following provisions:
[1]
No such facility shall be located
nearer than 2,000 feet from another such establishment as measured
from their property lines.
(d)
Fully enclosed animal hospitals, provided that:
[1]
All operations, including runways,
shall be within a totally enclosed, fully soundproofed, mechanically
ventilated or air-conditioned building.
[2]
All operations shall be conducted
and the structure maintained in such a manner that they are not offensive,
obnoxious or detrimental to adjoining properties by reason of noise
or odors.
[3]
Permitted operations shall not
include the boarding of animals or the operation of a kennel, except
that the boarding of animals related to a course of medical treatment
shall be permitted during the period of such treatment.
[4]
There shall be proper facilities
and personnel to ensure that trash, animal waste, and other debris
generated by the facility shall be disposed.
(e)
Educational institutions, to include only facilities
of higher education such as postsecondary, business, beauty, or computer
schools, dance or music schools, etc., are allowed as commercial uses
and regulated as such.
[1]
The facility shall provide appropriate
noise analysis studies and mitigative measures to demonstrate that
potential noise generated by the use will not be disruptive to adjacent
uses.
(g)
Fully enclosed commercial recreation facilities,
consisting of greater than 5,000 square feet of gross floor area or
greater; provided that when the use is proposed in a multitenant building
or a multi-use site, the applicant shall demonstrate to the satisfaction
of the Planning Board that adequate available peak-time parking vacancies
exist.
(h)
Clinic, Dental or Medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
(3)
Accessory uses.
(a)
Off-street parking area for private passenger
vehicles of visitors, shoppers, and employees of the principal use,
but not for the storage of used or new vehicles for sale or hire.
(b)
Off-street loading area for the delivery of
goods to and from the principal use.
(c)
Trash compactors, such that the compactor shall
be located no closer to the property lines than is permitted for any
accessory structure within this District; the compactor shall not
be located in a required loading berth or in required off-street parking
spaces; the compactor shall be of rodentproof design; and the design
and operation of the trash compactor shall be approved by the Building
Inspector of the Town of Greenburgh prior to its installation.
(d)
Other customary accessory uses incidental to
the principal use on the site.
(e)
Baby-sitting services for the use of patron
or employee children.
(f)
Antennas, subject to the conditions set forth in § 285-37 of this chapter. Radio and television towers are not permitted in the Hartsdale Center District.
(g)
Sidewalk display of sample merchandise sold
within the premises, excluding lists of merchandise and prices other
than on the merchandise itself. This accessory use applies only during
sidewalk events designated by the Town Board. Said display shall occupy
no more than 10 square feet of sidewalk area and no more than two
feet in depth as measured from the building to the curb. In no event
shall the display block pedestrian traffic. No display shall create
an open space or distance of more than six inches from the building
facade.
C.
Development standards and general requirements.
(1)
Lot and bulk requirements.
(a)
Minimum lot area: none specified.
(b)
Maximum FAR: 0.30.
(c)
Minimum yards: No specific minimum required
front, side or rear yard setbacks are established within the Hartsdale
Center District. The Planning Board, in connection with its review
of site plans, shall establish such setbacks as it may determine necessary
or appropriate for purposes of proper and attractive site design,
safety of pedestrian and traffic circulation, and the maintenance
of adequate separation between commercial uses and neighboring properties
in the residential districts.
(d)
Maximum height: two stories, not to exceed 30
feet.
D.
Prohibited uses. Any use not specifically set forth
as a permitted use herein is prohibited, including but not limited
to an automobile sales lot, motor vehicle salesroom, public garage,
auto-related repair shops, auto-related maintenance garages, vehicle
storage yards, gasoline station, car-washing establishment, tire store,
or any auto-related store with installation, service, or repair facilities
on the premises and any other use involving the sale, leasing, or
repair of automobiles, motel, hotel, tourist home, rooming house,
furnished-room house, boardinghouse, storage warehousing or wholesale
establishment and the outdoor storage of maintenance and cleaning
and snow-removal vehicles. No operations or uses shall be permitted
which may be offensive, obnoxious, or detrimental by reason of vibration,
dust, fumes, odor, or noise.
E.
Special permit procedure.
(1)
Applications for a special permit.
(a)
All applications for a special permit shall be submitted, in writing, to the Department of Community Development and Conservation on special permit application forms prescribed by the Town Board. The Department of Community Development and Conservation shall transmit the special permit application directly to the Town Board. The applicant shall submit both the special permit and site plan applications concurrently, such that the site plan drawing from the site plan application shall also be included in the special permit application to the Town Board to describe the proposed project. The Town Board will conduct site plan review, ensuring that the external design of the new use shall be stylistically in character with the prescribed recommendations of the Hartsdale Village Streetscape Study prepared in July 1998 and the Hartsdale Design Guidelines prepared in August 2001. The Town Board shall refer the special permit and site plan applications to the Secretary of the Planning Board for recommendations by the Planning Board. The site plan approval process shall be pursuant to the procedure defined in § 285-58 of this chapter. The completed special permit application form must also be accompanied by the following:
(b)
The special permit application must fulfill
all of the performance criteria specified for the use for which the
permit is being applied, and explain in writing how these criteria
will be met.
(c)
The Town Board may require the submittal of
any other pertinent information as may be necessary to determine and
provide for the proper consideration of the application for a special
permit.
(d)
The Hartsdale Contextual Review Committee shall review and make recommendations to the Town Board regarding any application where external alteration, whether it be new construction, reconstruction, modification, alteration, enlargement, or any other change to any existing structure or site layout within the Hartsdale Center District, is involved. The role of the Hartsdale Contextual Review Committee is defined in Subsection G of this section.
(e)
The Town Board may impose conditions on an application for a special permit based upon the site context of the proposed use in relation to neighboring uses, or other reasons that it deems important in order for the proposed use to meet the special permit standards described in Subsection B(2) of this section. Applications that do not meet one or more of the general or specific standards shall be denied. The Town Board may require permits to be periodically renewed, or permits may be granted as temporary, subject to adequate guaranties that the use covered by the permit will abide by the criteria defined in writing by the Board at the time of permit issuance. Failure to do so may result in these temporary permits being determined invalid.
(f)
Special permits within the Hartsdale Center
District shall conform with the use and the conditions of approval,
if any, specified by the Town Board for that permit at the time of
permit issuance. The Town Board may add conditions of approval if
the special permit is subject to periodic renewal. Following the discontinuation
of any special permit use, the permit shall cease to be valid.
(2)
Public hearing required.
(a)
After review of the recommendations of the Planning
Board and Hartsdale Contextual Review Committee, and within 45 days
after the next regular meeting of the Town Board following receipt
of those recommendations, the Town Board shall conduct a public hearing
on the site plan application. Public notice shall be as required by
the Town Law of the State of New York.
(b)
Within 45 days of the date of which a public
hearing is closed, the Town Board shall, by resolution, act to approve,
disapprove or approve with conditions if any are necessary.
F.
Site plan approval.
(2)
Referral to the Hartsdale Contextual Review Committee. As part of the referral procedure defined in § 285-57D of Article VIII, the Planning Board shall refer any site plan application with exterior alteration, whether it be new construction, reconstruction, modification, alteration, enlargement, or any other change to any existing structure or site layout within the Hartsdale Center District, to the Hartsdale Contextual Review Committee for its review and recommendations. The role of the Hartsdale Contextual Review Committee is defined in Subsection G of this section.
G.
Design review.
(1)
The Hartsdale Center District is hereby designated
as a special design district to develop a distinctive architectural
style, character of building development, hamlet character, and important
community focal point. The purpose of this designation shall be to
ensure that the construction, reconstruction, modification, alteration,
enlargement, or other changes in the design of buildings and uses
on properties within the District are in harmony with each other,
are consistent with the preservation of the economic value of other
properties situated therein, and are otherwise consistent with the
purposes of the section.
(2)
Prior to the issuance of any building permit,
site plan approval, and/or special permit, the application shall be
submitted to the Hartsdale Contextual Review Committee (HCRC) for
a recommendation to the issuing body or department concerning exterior
alternations. The Hartsdale Contextual Review Committee shall review
and make recommendations to the issuing authority within 45 days of
receiving an application. These recommendations shall be guided by
the Hartsdale Village Streetscape Study prepared in July 1998 and
the Hartsdale Design Guidelines prepared in August 2001, as may be
amended or updated, that are on file within the Department of Community
Development.
(3)
The Hartsdale Contextual Review Committee (HCRC)
shall be established as follows:
(a)
The HCRC shall consist of nine members who shall
be residents of the unincorporated area of the Town and shall be appointed
by the Town Board. Each member shall be appointed for a two-year term,
except that five initial appointees shall be appointed for one-year
terms so that the terms shall thereafter be staggered. Vacancies on
the HCRC shall be filled in the same manner as for any other appointee,
except that the replacement shall serve only for the unexpired term.
Members of the HCRC shall include:
[1]
One member of the Town Board;
[2]
The Chair of the Planning Board
or chosen designee from that Board;
[3]
The Building Inspector or chosen
designee from the Building Department;
[4]
The Planning Commissioner or chosen
designee from the Department of Community Development and Conservation;
and
[5]
Five residents or members of community
associations from the East Hartsdale Avenue area, initially two of
whom shall be members from the Hartsdale Hamlet Steering Committee
that prepared the Hartsdale Village Streetscape Study. One member
shall be a tenant and one member shall be a landlord from within the
East Hartsdale Avenue area. The tenant shall not be of the landlord
named to the HCRC.
(b)
The Town Board shall designate a member of the
HCRC to act as Chair thereof. The members of the HCRC shall elect
from among themselves a recording secretary, who shall keep accurate
records of its meetings and activities. The HCRC shall adopt bylaws,
rules, and regulations for its meetings.
(c)
No members of the HCRC shall receive any compensation
for their services as members thereof, but they may be reimbursed
for reasonable and necessary expenses incurred in the performance
of their duties within appropriations which are made available therefor.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
Fully enclosed stores for the retail sale of consumer merchandise and fully enclosed personal service establishments in accordance with the provisions of the DS Designed Shopping District as specified in § 285-28 of this chapter.
(b)
Business, professional and banking offices.
[Amended 7-8-1987 by L.L. No. 3-1987]
(c)
Mixed-use buildings containing office, banking,
retail and personal service uses, provided that banking, retail and
personal service uses shall be limited to the first floor and such
area of the first floor does not exceed 33% of the total floor area
of the building, exclusive of the basement.
[Amended 7-8-1987 by L.L. No. 3-1987]
(d)
Restaurants and drinking establishments, excluding quick-service or fast-food establishments and cabarets, in accordance with the provisions of the DS Designed Shopping District as specified in § 285-28 of this chapter.
(e)
Diners.
(f)
Dwelling space for one or two dwelling units
in a separate structure or dwelling space for one or two dwelling
units above a permitted use if separated therefrom by unpierced fire
walls and ceiling and provided with a separate entrance.
(g)
Post office.
(i)
Public parks, playgrounds or similar recreational
areas owned or operated by a governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(j)
Firehouses, police stations or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County, or by any other governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(k)
Other municipal buildings or uses operated by
the Town of Greenburgh.
(2)
Special permit uses.
(b)
Roomers and boarders shall be prohibited except by special permit in detached single-family dwellings pursuant to the provisions of § 285-10A(2)(g).
[Amended 1-22-1986]
(c)
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[Added 8-17-2005 by L.L. No. 3-2005]
(3)
Accessory uses.
(a)
Off-street parking area for private passenger
vehicles of visitors, shoppers and employees of the principal use,
but not for the storage of used or new vehicles for sale or hire.
(b)
Off-street loading area for the delivery of
goods to and from the principal use.
(c)
Garage for the storage only of commercial vehicles
used for the delivery of goods purchased within the principal use,
provided that such garage is located within the principal building.
(f)
Other customary accessory uses incidental to
the principal use on the site.
(g)
Antennas, subject to the conditions set forth in § 285-37 of this chapter.
[Added 11-14-1984; amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(h)
Sidewalk display of sample merchandise sold
within the premises or lists of merchandise and prices. Said display
shall occupy no more than 10 square feet of sidewalk area and no more
than two feet in depth as measured from the building to the curb.
In no event shall the display block pedestrian traffic. No display
shall be more than six inches from the building facade. This accessory
use provision shall apply only to East Hartsdale Avenue between Rockledge
Circle and Station Drive and shall be limited to normal business hours
of 9:00 a.m. to 5:00 p.m. Monday through Saturday.
[Added 10-11-1995 by L.L. No. 11-1995]
(4)
Uses under special permit by Town Board.
[Added 11-9-2015 by L.L.
No. 14-2015]
(a)
Fully enclosed massage establishments, pursuant to the procedures and standards set forth in § 285-36T of this chapter and the following specific standard:
[1]
In mixed-use buildings containing office, banking, retail and
personal service uses, massage establishments shall be permitted,
provided that banking, retail, personal service uses and massage establishments
shall be limited to the first floor, and such area of the first floor
does not exceed 33% of the total floor area of the building, exclusive
of the basement.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(a)
Existing detached dwellings in accordance with the lot and bulk regulations of the R-5 Residence District, as specified in § 285-16 of this chapter.
(b)
Retail uses and personal service establishments.
(c)
Business, professional and banking offices.
(d)
Business or vocational schools.
(e)
Shops for the making or assembly of articles
and the sale of such articles assembled or made on the premises, provided
that no machinery or process is used which emits offensive noises,
gases, fumes, smoke, odors, dust or vibrations or causes any nuisance.
(f)
Wholesale indoor storage and warehousing establishments,
but excluding the storage of coal, coke and fuel oil.
(g)
Public parks, playgrounds or similar recreational
areas owned or operated by a governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(h)
Firehouses, police stations or other public
safety uses owned or operated by the Town of Greenburgh, Westchester
County, or by any other governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
(i)
Other municipal buildings or uses operated by
the Town of Greenburgh.
[Added 7-8-1987 by L.L. No. 3-1987]
(j)
Fully enclosed commercial recreation facilities consisting of 5,000
square feet of gross floor area, or less.
[Added 10-23-2019 by L.L. No. 2-2022]
(2)
Special permit uses, Planning Board.
[Amended 7-8-1987 by L.L. No. 3-1987; 8-17-2005 by L.L. No.
3-2005; 10-25-2017 by L.L. No. 5-2017; 10-23-2019 by L.L. No. 2-2022]
(a)
Lumber and building equipment sales, storage
and services.
(b)
Small animal hospitals or kennels, subject to the provisions of § 285-27A(2) of this chapter.
(c)
Printing plants.
(d)
Funeral homes.
(e)
Any of the following uses, provided that none
shall be designed, used or operated so as to be offensive by reason
of noise, gases, fumes, smoke, odors, dust, vibrations or effluents:
[1]
Experimental laboratory, cold storage plant,
ice plant or bakery.
[2]
Laundry or dry-cleaning plant.
[3]
Car washing establishment.
[4]
Gasoline station, provided that such gasoline
station is not located within 1,000 feet of another gasoline station
or within 200 feet of any school, church, hospital or other place
of public assembly.
[5]
The sale of new motor vehicles within totally
enclosed buildings and, in conjunction therewith, a repair shop in
the rear or the side of the new motor vehicle salesroom and a used
motor vehicle sales area, provided that:
[a]
All repair work is done within
a totally enclosed soundproof building.
[b]
The outdoor storage of motor vehicles
is limited to new motor vehicles for sale on the premises and used
motor vehicles acquired as trade-ins upon new vehicles sold on the
premises.
[c]
The permitted repair shop, motor
vehicle storage and used motor vehicle sales shall continue so long
as the sale of new motor vehicles continues and all are conducted
under the same ownership as one enterprise.
[d]
Outdoor area lighting generally
shall be that necessary for security purposes and lighting for illuminating
an outdoor sales area shall be restricted to the front 1/3 of the
lot depth, shall not be permitted in the front screening strip and
shall be reduced to security lighting at the close of business. All
outdoor area lighting shall be located at a height not more than 14
feet above ground level and shall be so directed and shielded that
the beams are directed vertically to the ground or to the front of
the lot, and no source of illumination shall be visible beyond the
lot lines.
[e]
A landscaped evergreen buffer of
five feet shall surround the storage area.
[6]
Public garage or motor vehicle repair shop,
provided that all repair work is done within a total enclosed soundproof
building, and not including the painting of motor vehicles by any
means.
(f)
Fully enclosed commercial recreation facilities,
consisting of greater than 5,000 square feet of gross floor area or
greater; provided that when the use is proposed in a multitenant building
or a multi-use site, the applicant shall demonstrate to the satisfaction
of the Planning Board that adequate available peak-time parking vacancies
exist.
(g)
Telephone exchanges, electric substations, public
utility business offices or garages.
(h)
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
(i)
Self-storage.
(3)
Accessory uses.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses.
(b)
Light manufacturing, processing and assembly
activities, provided that such activities are so designed, constructed
and enclosed that there will be no observable external evidence thereof,
other than loading and unloading functions which shall be fully screened
from all adjacent residential areas. Industrial uses involving primary
production from raw materials, such as but not limited to asphalt,
cement, charcoal, fuel briquettes, chemicals and related products
which may be dangerous or offensive or create nuisances; and processes,
whether or not related to such production, including but not limited
to nitrating, milling reduction, refining, melting, alloying and distillation,
shall be prohibited.
(c)
Wholesale, indoor storage and warehousing establishments,
but excluding the storage of coal, coke and fuel oil.
(d)
Lumber and building equipment sales, indoor
storage and service.
(e)
Veterinary hospitals, subject to the applicable
provisions of § 285-28A(2) of this chapter.
(f)
Motor vehicle sales and accessory motor vehicle
repair facility in the rear or side thereof.
(g)
Printing plants.
(h)
Business or vocational schools.
(i)
Any of the following uses, provided that none
shall be designed, used or operated as to be offensive by reason of
noise, gases, fumes, smoke, odors, dust, vibrations or effluents:
[1]
Experimental laboratory, cold storage plant,
ice plant or bakery.
[2]
Motor vehicle storage, including indoor or outdoor
storage of motor vehicles for sale or hire. A landscaped evergreen
buffer of five feet shall surround the storage area.
[3]
Public garage or motor vehicle repair shop,
provided that all work is done indoors.
[4]
Laundry or dry-cleaning plant.
[5]
Car washing establishment.
[6]
Gasoline station, provided that such gasoline
station is not located within 1,000 feet of another gasoline station
or within 200 feet of any school, church, hospital or other place
of public assembly.
(j)
Electric substations, public utility business
offices, storage yards, garages.
(k)
Funeral homes.
(l)
Fully enclosed commercial recreation facilities.
[Amended 10-23-2019 by L.L. No. 2-2022]
(m)
Self-storage.
[Added 10-25-2017 by L.L.
No. 5-2017]
(2)
Special permit uses.
[Added 1-20-2001 by L.L. No. 1-2001[1]]
(a)
Adult establishments, upon issuance of a special permit by the Town Board, subject to the conditions set forth in § 285-36R.
(b)
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[Added 8-17-2005 by L.L. No. 3-2005]
(3)
Accessory uses.
(a)
Off-street parking and loading.
(b)
Indoor or outdoor storage facilities, including
the outdoor storage of equipment or materials, provided that such
outdoor storage shall be at least 25 feet from any lot line, not more
than six feet in height and suitably screened by a fence or other
suitable means of at least six feet in height.
(d)
Other customary accessory uses incidental to
the principal uses on the site.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following uses:
(1)
Principal uses. All uses permitted in the LI Light Industrial District as specified in § 285-32A(1) of this chapter.
(2)
Special permit uses.
(a)
Any of the following uses, provided that none
shall be designed, used or operated as to be offensive for reasons
of noises, gases, fumes, smoke, odors, dust, vibrations or effluents:
[1]
Motor vehicle repair work, including body and
fender work, painting, spraying and vulcanizing, provided that all
such work is done indoors.
[2]
Stone-cutting or monument works.
[3]
Outdoor storage of lumber and building materials,
provided that such outdoor storage shall be at least 25 feet from
any lot line and shall be suitably screened by shrubbery or fencing
or a combination thereof.
[4]
Gasoline station, provided that such gasoline
station is not located within 1,000 feet of another gasoline station
or within 200 feet of any school, church, hospital or other place
of public assembly.
[5]
Coal and coke yards, provided that such materials
are stored in dust-controlling containers or dust is otherwise effectively
controlled, and the storage of liquefied petroleum gases.
[6]
Fuel-oil storage, provided that such installations
are constructed and operated in full compliance with the standards
recommended by the National Board of Fire Underwriters.
[7]
Privately owned garbage or sewage disposal plant
or incinerator.
[8]
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[Added 8-17-2005 by L.L. No. 3-2005]
(b)
Any use not specifically permitted and not otherwise
prohibited by law, except the following:
[1]
The slaughtering or processing of animals or
fish, including the parts thereof, or the manufacture of any commodity,
the principal ingredient of which is animal or fish matter, provided
that nothing herein contained shall be construed to prevent the sale
of animals or fish as foodstuff or the preparation therefrom of food
products for sale at retail on the premises.
[2]
The manufacture of heavy chemicals, such as
but not limited to acids or other corrosives, ammonia and caustic
soda; the manufacture of basic or semifinished chemicals, such as
but not limited to cellulose products, resins, dyestuffs, glues, vegetable,
animal or mineral fats or oils, explosives, soaps and detergents,
fertilizers, combustible gases and asphalt and tar products; the manufacture
or production of metals or alloys in ingot or stock form; and the
manufacture or production of cement, plaster and their constituents,
matches, paints, linoleum and oil cloth and rubber and rubber products.
[3]
Any other similar use or purpose which will
create waste, gas or liquid or a condition of hazard, noise, fumes,
smoke, odor, dust, vibrations or effluents and thus tend to be detrimental
to the quiet, peace, comfort, convenience, safety or general welfare
of the community.
(3)
Accessory uses. All accessory uses permitted in the LI District, as specified in § 285-32A(2) of this chapter.
(4)
Uses under special permit by Town Board.
[Added 5-27-1987]
(a)
Animal shelters, provided that:
[1]
All operations, excluding runways, shall be
within a totally enclosed, fully soundproofed, mechanically ventilated
or air-conditioned building. Enclosed shelter for all animals shall
be provided from dusk to dawn.
[2]
All operations shall be conducted and the structure
maintained in such a manner that they are not offensive or obnoxious
to adjoining properties by reason of noises or odors.
[3]
The minimum lot size shall be 130,000 square
feet.
[4]
No building or structure shall be located nearer
than 30 feet to any street or lot line or located nearer than 100
feet to any watercourse. No parking area shall be nearer than 10 feet
to any building, street or lot line.
[5]
All animal feed shall be stored in rodentproof
facilities.
[6]
No outside storage of odor- or dust-producing
substances shall be permitted.
[7]
Said shelter shall be operated and/or sponsored
by a nonprofit agency. Said shelter shall be constructed and shall
remain in compliance with all regulations set forth in said special
permit.
[8]
A maximum of 2,000 square feet of floor area
may be used as accessory residential housing area to be used solely
by employees of the shelter. Each such accessory residential unit
shall be required to have a minimum floor area of 750 square feet.
[9]
Said shelter shall provide kennel areas of a
minimum of nine square feet per dog and three square feet per cat.
The floor space per animal shall include enclosed kennel areas only,
exclusive of runs. All kennel enclosures shall require a building
permit prior to construction. Temporary enclosures shall be prohibited.
[10]
Said shelter property shall be
suitably enclosed with a fence or hedge. A minimum landscaped buffer
10 feet in width shall be provided along all lot lines.
[11]
A minimum of 30 parking spaces
shall be provided. Parking shall be allowed in the front yard, subject
to all other applicable setback and landscaping requirements.
[12]
Such animal shelter shall not
be located nearer than 200 feet to any existing residential dwelling.
[13]
In the performance of his duties,
the Building Inspector and his duly authorized representatives shall
have the right, during daylight hours, to enter and inspect any building,
structure and land for which a special permit has been issued and
shall make one physical inspection a year.
[14]
In addition to the inspection
made from time to time by the Building Inspector, the Building Inspector
shall make a physical inspection of the premises at least once every
year while the special permit is in effect to ensure compliance with
the special permit requirements and any special conditions set by
the Town Board. The Building Inspector shall submit a written report
to the Town Board detailing the results of the inspection.
[15]
Said shelter shall be affiliated
with one or more licensed veterinarians at all times.
[16]
A monthly log of admissions, adoptions
and population count shall be maintained by the shelter and shall
be made available to the Building Inspector from time to time on request.
[17]
The floor area ratio (FAR) for
all buildings and structures shall not exceed .35.
A.
Statement of intent and objectives.
(1)
It is the intent of this PD Nonresidential Planned Development District
to permit flexibility in the design and development of office, warehouse,
renewable energy-based manufacturing, and research and development
uses within an industrial park setting. The planned development regulations
are designed to give the developer a knowledge of the general type
of development permitted before the completion of detailed design
for every building or parcel, while providing the Town with assurances
that the overall industrial park development will be satisfactorily
planned and constructed within the framework of an overall conceptual
plan for the entire tract.
[Amended 4-17-2018 by L.L. No. 5-2018]
(2)
The Town Board further declares that this intent cannot
be achieved through the use of traditional bulk and use zoning and
subdivision regulations, the application of which to substantial tracts
of land may be inimical to the ability of the Town to take full advantage
of the most advanced techniques of land development.
B.
Standards and general requirements for planned developments.
(1)
Eligibility standards.
(a)
Minimum parcel area.
[Amended 6-26-1985]
[1]
All planned developments shall have a minimum
parcel area of 35 contiguous acres, except planned developments permitted
pursuant to Subsection B(1)(a)[2] of this section. The minimum parcel
area of 35 contiguous acres may be divided by a public street, provided
that the area of the public street is not included as part of the
thirty-five-acre minimum. The Town Board may, as a condition of approval,
require that the internal streets or driveways of the planned development
provide for the interconnection or for the possible future interconnection
with the internal streets or driveways of the abutting planned development
or other adjacent parcels. Said acreage shall be in one ownership
or in joint ownership under a suitable agreement that provides for
coordinated development of the parcel. Said agreement shall be approved
by the Town Attorney of the Town of Greenburgh, New York.[1]
[1]
Editor’s Note: Former Subsection B(1)(a)[2], permitting
planned developments having a minimum parcel area of 10 contiguous
areas under certain conditions, which immediately followed this subsection,
was repealed 10-25-2017 by L.L. No. 5-2017.
(b)
The principal access to the planned development
shall be directly from a major road with state or county jurisdiction.
(c)
A comprehensive plan for ultimate development for the planned development shall be submitted to the Town in accordance with the provisions of Subsection C of this section for any requested planned development not so zoned as of the effective date of this chapter. Each newly created planned development shall be considered a separate Planned Development District for the purposes of this chapter, regardless of whether or not it is located adjacent to another planned development.
(2)
Permitted uses.
(a)
Principal uses. Office, industrial, warehousing
and certain commercial uses specified below shall be permitted in
a planned industrial parklike setting either in separate or in multiuse
buildings, including the following:
[1]
Light manufacturing, processing and assembly
activities, provided that such activities are so designed, constructed
and enclosed that there will be no observable evidence thereof, other
than loading and unloading functions which shall be fully screened
from all adjacent residential areas and public streets. Uses which
may be dangerous or offensive or create nuisances and processes, whether
or not related to such production, including but not limited to nitrating,
milling, reduction, refining, melting and alloying, shall be prohibited.
No light manufacturing, processing or assembly activity shall be designed,
used or operated so as to be offensive by reason of noise, fumes,
smoke, odors, dust, vibrations, effluents or emissions.
[Amended 6-26-1985; 5-23-2018 by L.L. No. 6-2018]
[2]
Manufacturing of equipment that will produce electricity utilizing
sustainable sources, including, but not limited to: hydro, solar,
biomass, geothermal, and wind; manufacturing of equipment that facilitates
the efficient use of energy such as, but not limited to, LED lighting
and energy management systems; manufacturing/assembling, processing,
servicing, and/or the repairing of all-electric vehicles, provided
that all of the above activities in this subsection are designed,
constructed, and enclosed so that there will be no observable evidence
thereof, other than loading and unloading functions, which shall be
fully screened from all adjacent residential areas and public streets.
No related manufacturing, processing, or assembly activity shall be
designed, used or operated so as to be offensive by reason of noise,
fumes, smoke, odors, dust, vibrations, effluents or emissions.
[Added 4-17-2018 by L.L.
No. 5-2018[2]]
[2]
Editor's Note: This local law also renumbered former Subsection
B(2)(a)[2] through [19] as Subsection B(2)(a)[3] through [20].
[3]
Wholesale, warehousing and distribution, including
a retail outlet as an accessory to a distribution or warehousing use,
in accordance with Subsection C(1)(b) and (2)(b) of this section,
as applicable, except that freight terminals and truck terminals are
excluded.
[4]
Office or agency for scientific research or
technical development, provided that no process or operation shall
involve the handling, storage or discharge of explosives. The use
of any virus or other type of infectious organism identified with
diseases of animals or humans must be carried out in compliance with
all county, state, federal, and/or other applicable regulations.
[Amended 8-23-2017 by L.L. No. 3-2017]
[5]
Professional, administrative, governmental or
business office.
[6]
Bank and drive-in banking facility, in accordance with Subsection B(3)(a)[2] and (b), as applicable.
[7]
Public utility, substation, telephone exchange center and utility right-of-way. Antenna(s), where permitted, shall comply with the conditions set forth in § 285-37 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[8]
Conference center.
[9]
Theater or cinema other than the drive-in type, in accordance with Subsection B(3)(a)[2] and also in accordance with the following:
[a]
The operation shall be totally
within a soundproof building.
[b]
Said theater shall contain no more
than 1,000 seats.
[c]
Vehicular access to said theater
and accessory off-street parking shall be located on a lot having
frontage on a major road having state or county jurisdiction or within
1,000 feet of a major road having state or county jurisdiction.
[d]
Said theater shall be located no
closer than 400 feet to a residential area.
[10]
Data processing or printing as
a principal use or accessory to other permitted use.
[11]
Business or vocational school.
[12]
Indoor and outdoor recreation
facilities.
[Amended 10-23-2019 by L.L. No. 2-2022]
[13]
Non-freestanding restaurant located within or as part of another permitted building, including dinner theaters, in accordance with Subsection B(3)(a)[2], but excluding freestanding diners, pancake houses, ice cream stands, doughnut shops and quick-service or fast-food establishments.
[14]
Branch post office and postal
service facility.
[15]
Hotel and motel in accordance with the provision of Subsection B(3)(a)[2] of this section and also in accordance with the provisions of § 285-25A(2)(c) of this chapter.
[16]
Public parks, playgrounds or similar
recreational areas owned or operated by a governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
[17]
Firehouses, police stations or
other public safety uses owned or operated by the Town of Greenburgh,
Westchester County, or by any other governmental authority.
[Added 7-8-1987 by L.L. No. 3-1987]
[18]
Other municipal buildings or uses
operated by the Town of Greenburgh.
[Added 7-8-1987 by L.L. No. 3-1987]
[19]
Day-care centers, authorized by
the State of New York Department of Social Services, Department of
Health or other state agency having jurisdiction, subject to the following:
[Added 10-25-1989 by L.L. No. 2-1989; amended 10-8-1997 by L.L. No. 10-1997]
[a]
The application for site plan approval
shall include a fully dimensioned diagram or floor plan showing planned
occupancy or use of all areas, interior and exterior, to be utilized
for day care, including exits, fire prevention measures, windows,
doors, sanitary facilities, off-street parking and vehicular dropoff
areas.
[b]
An appropriately fenced outdoor
activity area providing adequate room for the size of the proposed
day-care center shall be provided on site. If such outdoor area is
not directly adjacent to the indoor area of the day-care center, a
supervised crosswalk shall be provided between the two areas. A minimum
distance shall be provided between any paved or impervious surface
being a portion of such outdoor area and all lot lines, said minimum
distance being equal to the minimum distance otherwise required between
off-street parking and lot lines. A minimum distance of 10 feet shall
be provided between all portions of such outdoor area and all off-street
parking areas. A landscaped buffer area with a minimum width of 10
feet shall be provided between all portions of such outdoor area and
all lot lines.
[c]
No portion of said day-care center shall be located
in a basement which has more than 1/2 of its height, measured from
floor to ceiling, below the average finished grade of the ground adjoining
the building.
[Amended 5-22-2013 by L.L. No. 2-2013]
[d]
All indoor areas used as a day-care
center shall be provided with windows and adequate light and air.
[20]
Self-storage, in accordance with the following
lot and bulk regulations:
[Added 10-25-2017 by L.L.
No. 5-2017]
[a]
For lots with a minimum of 4.0 acres. FAR requirements identified in § 285-34B(3)(a)[1] shall not apply to multistory self-storage buildings with fully enclosed storage units served by an internal access. FAR for lots with a minimum of 4.0 acres shall not exceed 0.50.
[b]
Off-street loading berths may be provided in the
principal building or in any side or rear yards. Off-street loading
spaces may be permitted in front yards provided that they are constructed
at the same grade elevation as the remainder of the parking spaces
and that bumpers, dock seals, and dock locks are not permitted to
face the street on which the building fronts.
[21]
Microdistilleries.
[Added 5-23-2018 by L.L.
No. 6-2018]
[22]
Microwineries.
[Added 5-23-2018 by L.L.
No. 6-2018]
(b)
Town Board special permit uses.
[Added 8-17-2005 by L.L. No. 3-2005[3]]
[1]
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[3]
Editor's Note: This local law also redesignated
former Subsection B(2)(b) as Subsection B(2)(c).
(c)
Accessory uses.
[2]
Accessory parking, subject to the requirements of § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
[3]
Accessory loading, subject to the requirements of § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(3)
Lot and bulk regulations.
(a)
Planned developments having a minimum parcel
area of 35 contiguous acres shall be governed by the following regulations:
[1]
Maximum floor area ratio (FAR) of all structures
in the planned development shall not exceed 0.30.
[Amended 7-8-1987 by L.L. No. 3-1987]
[2]
Maximum floor area ratio (FAR) of permitted commercial uses, as specified in Subsection B(2) shall not exceed 0.08.
[Amended 7-8-1987 by L.L. No. 3-1987]
[3]
Maximum coverage of all buildings shall not
exceed 40%.
[4]
Maximum height of all buildings in the planned
development shall not exceed three stories and shall not exceed 40
feet.
[5]
Maximum coverage of impervious surfaces shall
not exceed 70%.[5]
[Added 7-8-1987 by L.L. No. 3-1987]
[5]
Editor’s Note: Former Subsection (B)(3)(b), as amended,
permitting planned developments having a minimum parcel area of 10
contiguous areas under certain conditions, which immediately followed
this subsection, was repealed 10-25-2017 by L.L. No. 5-2017.
(4)
Additional requirements. For the purposes of this
section, "external lot line" shall mean those lot lines along the
rights-of-way of a road of state or county jurisdiction upon which
a lot or parcel within the PD District abuts and those lot lines that
establish and are coincident with the PD District boundary. "Internal
lot line" shall mean those lot lines between lots or parcels of the
same or different ownership, which lots or parcels are located wholly
within the PD District and which lot lines are shown on the Comprehensive
Plan, and including those lot lines along the rights-of-way of private
or public railroads, and streets other than those of state or county
jurisdiction. "Internal street" shall mean the right-of-way of a street
that is located wholly within a PD District, which street may be of
private or public ownership, but not including roads of state or county
jurisdiction.
[Amended 6-26-1985]
(a)
Open storage of equipment, materials or vehicles,
not to exceed a height of six feet, shall be permitted but shall not
be located within 100 feet of any residential district and/or street
line or within 10 feet of any building. Said storage areas shall be
adequately screened from adjacent uses and streets with evergreen
planting and/or solid fence of at least eight feet in height. Such
open storage area shall be included in the maximum percent of coverage
of land by buildings.
(b)
All areas not used for buildings, circulation,
parking, storage, maintenance or utilities shall be suitably landscaped
and maintained in good condition.
(c)
No parking area shall be provided within 20 feet of an internal street or internal lot line or within 15 feet of any building. No parking area shall be permitted within 50 feet of residential zoning districts, 25 feet of state or county highways and 25 feet of any external lot line or PD District boundary. Landscaping shall be provided in accordance with § 285-38 of this chapter.
[Amended 8-13-1996 by L.L. No. 7-1996; 4-29-1997 by L.L. No. 6-1997]
(d)
Suitable access for emergency vehicles shall
be provided for all structures in the planned development.
(e)
At no time in the development process shall the permitted commercial development exceed the proportion of commercial to total use as specified in Subsection B(3)(a) or (b) above, as applicable.
(f)
Minimum buffer required around the entire planned development shall be 100 feet, with parking areas permitted within said buffer, and as limited hereinabove. No building shall be located within 200 feet of any residential property or district except when the property situated in such residential district is a public or private utility right-of-way, in which case no building shall be located within 100 feet thereof. No building shall be located within 100 feet of any zoning district boundary, external lot line or the right-of-way of a road of state or county jurisdiction. No building shall be located within 50 feet of any internal lot line or internal street. Landscaping shall be provided in accordance with § 285-38 of this chapter.
(5)
Site and structure requirements.
(a)
Natural features, such as streams, rock outcrops,
topsoil, trees and shrubs, shall be preserved and incorporated in
the landscaping of the development.
(b)
Where adequate surface drainage is not possible
by grading alone, a supplementary drainage system, approved by the
Town of Greenburgh, shall be required.
(c)
To improve the quality of the environment and
to reduce inconvenience during bad weather, all electrical and telephone
equipment shall be installed underground.
(d)
Lot sizes, dimensions and locations thereon
may be freely disposed of, and buildings may be arranged in conformity
with the overall density standards set forth herein. Minimum lot size
or frontage and maximum percentage of lot coverage are not specified
herein. In reviewing any application for a planned development, the
Planning Board shall be guided by standards set elsewhere in this
chapter for comparable uses and by common good planning practice,
to the extent that the resulting development shall be compatible with
the surroundings, and to assure the stability of the uses proposed
to be developed on the site.
(e)
The right-of-way and pavement widths for internal
roads shall be determined from sound planning and engineering standards
to be adequate and sufficient in size, location and design to accommodate
the maximum traffic, parking and loading needs and the access of fire-fighting
equipment and police or emergency vehicles. The pavement of said roads
shall be not less than 24 feet wide. All streets shall be subject
to all other applicable Town ordinances.
(f)
The developer shall provide all necessary water
and sewer facilities, storm drainage, highway access, paved service
streets, parking and loading facilities and off-street lighting, making
reasonable provisions for utility service connections with adjoining
properties in other ownerships. Such proposed improvements shall be
subject to review by the Department of Public Works of the Town of
Greenburgh, New York.
(g)
After approval of the comprehensive plan, development may be approved for sections which shall be in accordance with the comprehensive plan for the District and which may be divided into separately owned, leased or rented building lots. Said development shall be subject to site plan approval in accordance with Article VIII herein. The minimum lot size for said lots shall be 80,000 square feet.
C.
Application procedure and approval process.
(1)
Application for zoning change to planned development. Petition for a zoning change to permit a planned development shall be made to the Town Board of the Town of Greenburgh in accordance with Article IX of this chapter. The Town Board shall, upon receipt of said petition, refer the planned development request to the Planning Board for a report and recommendation in accordance with procedures as established in Subsection C(2) of this section.
(2)
Application for comprehensive plan approval.
(a)
In order to allow the Planning Board and the
developer to reach an understanding on basic design requirements,
the developer shall submit a comprehensive plan of this proposal to
said Board as well as proof of ownership or ownership agreement. The
plan shall be drawn to a suitable scale of approximately one inch
equals 200 feet. Said comprehensive plan shall clearly show the following:
[1]
The general outline of the interior road system
and all existing and proposed rights-of-way and easements, whether
public or private.
[2]
Delineation of the various use area indicating
the floor area, general location of buildings and major parking areas,
buffer areas, etc.
[3]
Illustrative site plan indicating the type of
site planning contemplated for the various major land uses.
[4]
Sketches and elevations showing general architectural
treatment contemplated.
[5]
Surrounding land uses and distance of nearby
buildings to the planned development site and proposed method of protecting
adjoining land uses from any adverse influences of development.
[6]
The proposed water, storm and sanitary sewer
systems and how said systems are proposed to be connected to the systems
of adjoining areas.
[7]
Environmental characteristics of the planned
development and adjoining areas within 50 feet of all planned development
boundaries, including topography, areas of slope in excess of 20%,
soils, rock outcrops, streams, flood hazard areas, floodways, swamps,
lakes, ponds and other wetlands and all proposed alterations of said
environmental characteristics.
[8]
Estimates of the peak hour traffic generation
derived from the proposed development and the relation of the peak
traffic to surrounding roads and intersections, including methods
developed for alleviating traffic problems.
[9]
A statement as to how the proposal would meet
the official planning objectives of the Town of Greenburgh.
(b)
Every application for a planned development
shall be accompanied by a fee of $300 to help defray the costs of
processing the planned development application. The applicant shall
also be required to bear the expense of any technical assistance which
the Town deems necessary to assist in the review of the technical
aspects of the planned development, up to a maximum of $100 per acre
of land within the planned development.
(c)
The Planning Board, with the assistance of the
Town Department of Community Development and Conservation and Department
of Public Works, shall review the comprehensive plan and all related
documents and shall render either a favorable report to the Town Board
or an unfavorable report to the applicant and the Town Board. The
Planning Board may, at its discretion, recommend conditions or improvements
in the comprehensive plan to the Town Board in the decision as to
the appropriateness of the PD rezoning request. The Planning Board
may call upon Westchester County Planning Department, the Soil Conservation
Service and any technical assistance it feels is necessary to provide
a sound review of the proposal.
[1]
The Secretary to the Planning Board shall certify
when all of the necessary application material has been presented.
The Planning Board shall submit its report within 90 days of such
certification. If no report has been rendered after 90 days, the applicant
may proceed as if a favorable report were given to the Town Board.
[2]
A favorable report shall include a recommendation
to the Town Board that a public hearing be held for the purpose of
considering the desirability of rezoning the subject property in a
PD District. The report shall be based on the following findings,
which shall be included as part thereof:
[c]
The proposal is conceptually sound
in that it meets a community need and it conforms to accepted design
principles in its layout of the proposed functional roadway system,
in its land use configuration, utility and drainage systems, in its
landscape and buffer provisions and in the scale of the elements,
both absolute and as they relate to one another.
[d]
There are adequate public facilities,
services, utilities and road access available or proposed to be made
available in the construction of the development.
[e]
That adverse environmental impacts
are minimized.
[3]
An unfavorable report shall state clearly the
reasons therefor and, if appropriate, point out to the applicant what
might be necessary in order to receive a favorable report. The applicant
may, within 10 days after receiving an unfavorable report, file an
application with the Town for an amendment of the Zoning Map to place
the subject property in a PD District. The Town Board may then determine,
on its own initiative, whether or not it wishes to schedule a public
hearing.
(3)
Town Board action on the application for rezoning
to a PD District.
(a)
Upon receipt of a favorable report from the
Planning Board or upon its own determination subsequent to an appeal
from an unfavorable report, the Town Board shall set a date for and
conduct a public hearing for the purpose of considering an amendment
to the Zoning Map to place the subject property in a planned development
district and the official adoption of the comprehensive plan for the
planned development. Said public hearing shall be conducted within
45 days of the receipt of the favorable report or appeal from an unfavorable
report.
(b)
The Town Board shall refer the application to
the Westchester County Planning Department for its analysis and recommendations.
The Town Board shall also refer the application to other appropriate
Town authorities for their review. All reports shall be submitted
within 30 days.
(4)
Conditions on planned development approval.
(a)
The Town Board may, at its discretion, attach any reasonable conditions on an approved planned development comprehensive plan as deemed necessary to assure the intent and objectives of the planned development regulations, as specified in Subsection A of this section.
(b)
Approval of the planned development comprehensive
plan, with any conditions, shall be duly noted on the Zoning Map of
the Town of Greenburgh, New York. Once the planned development is
approved, the comprehensive plan, as submitted to the Planning Board
and as subsequently revised or conditioned by the Town Board, shall
be in effect in the site, and all future site plans for individual
buildings shall be designed and building permits issued within the
framework of said comprehensive plan.
(c)
The implementation of the planned development
shall be subject to the following:
D.
Performance guaranty. The Planning Board may require
that public improvements and landscaping be secured by a performance
guaranty in the same manner as prescribed in the Town subdivision
regulations.
E.
Changes in the planned development comprehensive plan. The planned development comprehensive plan, as approved by the Town Board, shall be in effect unless the applicant elects to submit a revised comprehensive plan in accordance with Subsection C of this section or unless no development is initiated in the planned development within the first 18 months after Town Board approval. A comprehensive plan shall be revised at the discretion of the developer or if a substantial alteration to the access patterns, major traffic conditions, or substantial changes in floor area or land use are proposed. Said revised comprehensive plan shall be received and reviewed as new applications for a planned development, subject to Subsection C of this chapter. The Planning Board shall approve, disapprove or approve with conditions the revised comprehensive plan. Disapproval of the revised plan on a previously approved planned development shall mean that the originally approved comprehensive plan and the planned development remain in effect on the site.
A.
Principal uses.
(1)
A district within an area designated as an urban renewal area under § 504 of the General Municipal Law of the State of New York and subject to the provisions of a duly approved Urban Renewal Plan. Within such district, no development on a site may be approved until a comprehensive development plan for such a site shall first have been approved by the Town Board after a public hearing. Following approval by the Town Board of a comprehensive development plan for a site, such a site may be divided into separately owned or leased parcels and buildings without the requirement of any further approval under Chapter 250 of the Code of the Town of Greenburgh, or the Large Scale Development Ordinance of the Town, Chapter 30[1] of the Code of the Town of Greenburgh, provided that each
such separate parcel shall comply with all other ordinances and regulations
of the Town, including this chapter of the Code of the Town of Greenburgh.
[1]
Editor's Note: Former Ch. 30, Large Scale
Development, adopted 2-13-1957, was repealed 5-8-1983.
(2)
Any of the following uses, provided that the same
shall be in accordance with the approved Urban Renewal Plan and that
none shall be designed, used or operated so as to transmit beyond
the district boundaries any offensive noise, gases, fumes, smoke,
odors, dust, vibrations, glare or cause any nuisance:
(a)
Residential A, low- and medium-density. Permitted
use of parcels designated Residential A, low- and medium-density,
shall be single-family and two-family dwellings; multifamily dwellings,
such as townhouses or garden apartments; small recreation areas or
tot-lots; and off-street parking facilities in connection with residential
uses. In multifamily dwellings, professional offices as permitted
in and limited in one-family residence districts, except that no professional
office shall be above the ground floor.
[Amended 7-8-1987 by L.L. No. 3-1987]
(b)
Residential B, medium- and high-density. Permitted
use of parcels designated Residential B, medium- and high-density,
shall be multifamily apartment buildings, off-street parking and open
space and recreational facilities incidental to residential uses.
(c)
[2]Public and semipublic. Permitted use of parcels designated
public and semipublic shall be religious institutions, including rectory,
parsonage or church office, and related uses such as off-street parking,
neighborhood community center, child-care facility, clubs and fraternal
organizations, firehouses and off-street parking and loading facilities
in connection with the permitted uses.
[2]
Editor’s Note: Former Subsection A(2)(c), Residential
C, housing for the elderly, was repealed 1-10-2018 by L.L. No. 1-2018.
Local Law No. 1-2018 also redesignated former Subsection A(2)(d) through
(g) as Subsection A(2)(c) through (f).
(d)
Neighborhood shopping.
[1]
Permitted use of parcels designated neighborhood shopping shall be retail and service establishments, banks, fraternal organization meeting facilities, offices, fully enclosed commercial recreation facilities and uses accessory and incidental to commercial recreation facilities and off-street parking and loading facilities in connection with permitted uses. Under no circumstance shall a massage establishment be permitted without a special use permit from the Town Board, pursuant to the procedures and standards set forth in § 285-36T of this chapter.
[Amended 11-9-2015 by L.L. No. 14-2015]
[2]
Subsection A(2)(d) shall include restaurants, as defined herein, as a permitted use in an Urban Renewal Neighborhood Shopping District. The term "restaurant," defined under this subsection, shall mean a facility for the sale of food and beverages, or either of them, to be consumed on the premises, luncheonette, coffee shop, confectionery and snack bar, but shall not include a diner or similar structure, outdoor counter service, drive-in or curb service. Under no circumstances shall a quick eating and drinking establishment, as defined in § 285-5, be included within this District. No such restaurant, as defined herein, shall be located closer than 500 feet to another such restaurant existing or proposed, and under no circumstances shall there be more than two restaurants located within the URNS District.
[Amended 1-10-2018 by L.L. No. 1-2018]
(e)
Planned commercial development. Permitted use of parcels designated planned commercial development shall be retail sales, including service establishments; banks; restaurants; theaters; offices for business or professional establishments; manufacturing and scientific research and development; recreational facilities; light manufacturing, processing and assembly uses; wholesale distribution and warehousing, but not including a truck terminal or gasoline station as principal uses. Also permitted shall be off-street parking and loading facilities in connection with the permitted uses and uses customarily accessory or appurtenant to the principal uses set forth above; provided, however, that such accessory uses shall not include the sale of gasoline to members of the general public. Under no circumstance shall a massage establishment be permitted without a special use permit from the Town Board, pursuant to the procedures and standards set forth in § 285-36T of this chapter.
[Amended 11-9-2015 by L.L. No. 14-2015; 1-10-2018 by L.L. No. 1-2018]
(f)
General commercial. Permitted uses shall be
as permitted in the Neighborhood Shopping District, except that, when
specifically designated, the alternate use shall be permitted to allow
the development of a gasoline service station. However, no auto repair
work or painting shall be permitted in connection with the gasoline
service station.
[Amended 1-10-2018 by L.L. No. 1-2018]
B.
Town Board special permit uses:
[Added 8-17-2005 by L.L. No. 3-2005[3]]
(1)
Clinic, dental or medical, pursuant to the procedures and standards set forth in § 285-25A(4)(j) of this chapter.
[3]
Editor's Note: This local law also redesignated
former Subsection B as Subsection C.
C.
Planning Board special permit uses.
[Added 1-10-2018 by L.L.
No. 1-2018[4]]
(1)
Motor vehicle sales uses and motor vehicle sales lots in the Neighborhood
Shopping and General Commercial Subdistricts of the UR District, subject
to the following:
(a)
General standards.
[1]
Each special permit use shall be reasonably necessary for the
public health or general interest or welfare.
[2]
Each special permit 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 concerned
is situated and will not be detrimental to the orderly development
of adjacent districts.
[3]
Each special permit use shall be so located in order to be adequately
serviced by transportation facilities, water supply, waste disposal,
fire and police protection and similar services.
[4]
Each special permit use sought which adjoins or abuts a residence
district shall be so located in the lot involved that it shall not
impair the use, enjoyment and value of adjacent residential properties.
[5]
Each special permit use shall not create pedestrian or vehicular
traffic hazards because of its location in relation to similar uses,
necessity of turning movements in relation to its access to public
roads and intersections, or its location in relation to other buildings
or proposed buildings on or near the site and the traffic patterns
from such buildings.
[6]
Each special permit use shall not include the display of signs,
noise, fumes or lights that will hinder normal development of the
district or impair the use, enjoyment and value of adjacent land and
buildings.
(b)
Specific standards.
[1]
Minimum lot size: 40,000 square feet.
[2]
Maximum height: 2 1/2 stories, not to exceed 30 feet.
[3]
Maximum floor area ratio: 0.35.
[4]
Parking requirement: one parking space per 200 square feet of
indoor retail sales area of the motor vehicle sales use.
[5]
The motor vehicle sales use and motor vehicle sales lot shall
be suitably screened from adjoining residential districts and other
neighboring uses with landscaping amenities along the site's frontage,
including, but not limited to, planted evergreen buffers of appropriate
height, type, spacing and arrangement, shrubs and bushes, or fencing
approved by the Planning Board. Should such vegetative screening become
diseased, dying or dead, it shall be replaced by the next growing
season.
[6]
The owner/operator of the motor vehicle sales use and motor
vehicle sales lot shall provide evidence that all existing sidewalks
abutting the property are in good condition and remain unobstructed.
The sidewalks shall be maintained to the satisfaction of the Commissioner
of the Department of Public Works and/or in accordance with NYSDOT
standards. Where sidewalks in these locations do not exist, new sidewalks
must be designed and installed in connection with the applicable Department
of Public Works and/or NYSDOT approval process.
[7]
All repair work must be done within a totally enclosed building.
[8]
The outdoor storage of motor vehicles is limited to new motor
vehicles for sale on the premises and used motor vehicles acquired
as trade-ins or purchases in connection with the sale of new motor
vehicles. Plans submitted in support of the special permit shall depict
the location of spaces for vehicles that are waiting to be serviced.
[9]
The accessory motor vehicle repair shop and motor vehicle storage
shall continue so long as the sale of new motor vehicles continues
and both are conducted under the same ownership as one enterprise.
[10]
Off-site storage of motor vehicles may be allowed
if such use is permitted in the off-site underlying zoning district
and shall be subject to the applicable approval process.
[11]
An application for a special use permit pursuant
to this section must include an offloading/loading plan detailing
how inventory will be delivered to and picked up from the lot in a
manner that will be in conformity with the New York State Vehicle
and Traffic Law and not obstruct traffic on Route 119 and adjacent
streets or sidewalks.
(c)
Conditions. Upon finding that the standards set forth above
have been fully met, the Planning Board shall grant a special use
permit for a motor vehicle sales use and motor vehicle sales lot.
In so doing, the Planning Board may impose any reasonable conditions
that it deems necessary to achieve the standards set forth herein.
(d)
Planning Board special use permit procedure for a motor vehicle
sales use and motor vehicle sales lot.
[1]
An application for a special use permit for a motor vehicle
sales use and motor vehicle sales lot shall be submitted to the Department
of Community Development and Conservation, in writing.
[a]
The application shall include but not be limited
to the following: the name and location of the motor vehicle sales
use and motor vehicle sales lot; the name and address of the lot owner;
the name and address of the agent or manager who will operate the
facility. A layout plan shall also be submitted indicating the location
and the type of the general landscaping, evergreen screening or fencing,
ingress and egress, curbing, sidewalks, retaining walls, and lighting
provided so as to minimize its impact upon the immediate area. The
application shall also include a site plan of the lot showing the
location of the principal and any accessory buildings.
[2]
Public hearing required.
[a]
Unless extended by mutual consent of the applicant
and the Planning Board, a public hearing on an application for a special
use permit for a motor vehicle sales use and motor vehicle sales lot
shall be scheduled and conducted by the Planning Board within 62 days
after the certification by the Commissioner of Community Development
and Conservation of receipt of a complete application. To the extent
possible, such public hearing shall take place at the same time as
any other public hearing required to be held by the Planning Board
in regard to motor vehicle sales uses and motor vehicle sales lots.
[b]
Notice of such public hearing shall be published
in the official newspaper of the Town and mailed by the applicant
to property owners within 500 feet of the perimeter of the subject
property at least 10 days prior to such public hearing. Proof of such
mailing shall be provided to the Town Clerk not less than five days
before the public hearing is held. The cost of such notice shall be
borne by the applicant.
[3]
Action of the Planning Board.
[a]
Unless extended by mutual consent of the applicant
and the Planning Board, within 62 days of the date on which a public
hearing is closed, the Planning Board shall, by resolution, act on
said application and shall specify what conditions, if any, are being
imposed.
[b]
All Planning Board actions on applications for
special use permits for motor vehicle sales uses shall be recorded
on forms prescribed by the Planning Board, shall fully set forth the
vote and findings of the Planning Board and the materials upon which
its action is based, and shall be filed in the office of the Town
Clerk.
[4]
Special use permit time limit. A special use permit under this
section for a particular site, once approved by the Planning Board,
shall not expire unless the motor vehicle sales use and motor vehicle
sales lot cease on the site.
[4]
Editor's Note: This local law also redesignated former Subsection
C as Subsection D.
D.
Additional regulations, controls and restrictions.
Additional regulations, controls and restrictions are as follows:
(2)
Off-street parking regulations.
(a)
Provisions regulating minimum off-street parking
space requirements shall be as set forth by land use in Table IV,[6] which is incorporated herein. Each parking space specified
in Table IV shall be not less than nine feet wide and 20 feet long,
exclusive of passageways and driveways giving access thereto.
[6]
Editor's Note: Table IV is included at the
end of this chapter.
(b)
Access to surface parking areas shall be limited
to several well-defined locations, and in no case shall there be unrestricted
access along the length of a street. Exits and entrances from surrounding
streets shall not be less than 30 feet from any street intersection.
Parking areas shall be adequately drained and paved with a hard, all-weather,
dust-free surface. Lighting used to illuminate parking areas shall
be arranged so as to reflect light away from any adjoining parcel.
Open parking areas for more than five cars shall be landscaped with
trees and shrubs provided along the boundaries of such areas. Wherever
an off-street parking area required for a nonresidential use abuts
a residential use and is not separated by a difference in grade of
10 feet below the residential use, suitable buffering consisting of
fencing and compact planting shall be provided and maintained within
the parking area, between the two uses and along the boundary lines
of the parking or loading areas, exclusive of points of ingress and
egress.
(3)
Off-street loading regulations.
(b)
Access to loading berths shall be only from
a service drive and shall be provided in a manner to eliminate interference
with public use of sidewalks and streets by vehicles loading or unloading.
Each loading berth shall be not less than 12 feet in width, 35 feet
in length and 12 feet in height. Loading areas shall be adequately
drained and paved with an all-weather dust-free surface and provided
with adequate buffering and appurtenant landscaping. Lights used to
illuminate loading areas shall be arranged so as to reflect light
away from the adjoining parcel.
(c)
Whenever an off-street loading area required
for nonresidential use abuts a residential use and is not separated
by a difference in grade of 10 feet above or below the residential
use, suitable buffering consisting of fencing and compact evergreen
or other similar compact planting shall be provided and maintained
within the parking area, between the two uses and along the boundary
lines of the parking or loading areas, exclusive of points of ingress
and egress.
(4)
Landscaping. All open space required by the building
controls contained in Table III[8] shall be landscaped or paved in a manner appropriate to
its use. Where an off-street parking or loading area developed in
conjunction with a nonresidential use abuts a residential use, a landscaped
buffer strip shall be provided by the nonresidential use. Said buffer
strip shall be not less than 10 feet in width and shall include a
shrubbery strip at least five feet in width, of which at least 1/2
shall be of suitable evergreens.
[8]
Editor's Note: Table III is included at the
end of this chapter.
(5)
COMPREHENSIVE DEVELOPMENT PLAN
(a)
(b)
(c)
LAND DISPOSITION AGREEMENT
SITE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A plan for a site which shall contain the following information:
The location of proposed structures, type of
proposed uses for each building, existing topography and general grading
and drainage proposals, floor elevations of buildings, parking and
loading areas, points of access, major landscaped areas, proposed
screening treatments and major public and municipal utility lines.
The height and bulk of proposed buildings in
the development.
A chart of appropriate data demonstrating compliance
with the urban renewal plan and Zoning Ordinance requirements. A comprehensive
development plan may be amended from time to time, and any such amendment
to a comprehensive development plan shall be deemed to be approved
if the construction plans, as defined in and submitted pursuant to
a land disposition agreement, identify such amendment and such construction
plans are approved by the Town Board.
An agreement between the Town and one or more redevelopers
for the sale and development of a site in an urban renewal area which
is subject to the approval of the Secretary of Housing and Urban Development
of the United States, the New York State Division of Housing and Community
Renewal and the Town Board in accordance with the procedures of the
General Municipal Law of the State of New York.
A parcel or parcels of land in excess of 10,000 square feet
which is the subject of a land disposition agreement.
