The following requirements, standards and conditions
apply to the Residential R-80 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education are permitted on sites of not less than two
acres and which shall meet all other area and dimensional requirements
of the particular district within which they are located. No more
than two persons unrelated by blood, adoption or marriage shall reside
therein, living and/or functioning together as a single nonprofit
housekeeping unit, exclusive of household servants not exceeding two
in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit.
[Added 2-8-2023 by L.L.
No. 2-2023]
(a)
Intent. The Village seeks to legalize and control existing accessory
dwelling units in single-family residential zones and regulate new
conversions or new construction of accessory dwelling units in single-family
residential zones; to diversify housing while ensuring single-family
residential zones maintain their character; to ease single-family
homeowners' financial burden by allowing a means of rental income,
to provide for the health, safety and welfare of the Village of Tarrytown's
residents and the occupants of accessory dwelling units.
(b)
Required standards. The Building Department shall grant a permit
only to single-family dwellings for the creation, legalization or
construction of an accessory dwelling unit (ADU): (i) within or as
an addition to an existing main building in all single-family residential
zones (R-80, R-60, R-40, R-30, R-20, R-15, R-10, R-7.5 and R-5); (ii)
within an existing detached accessory building in all single-family
residential zones, provided the existing accessory building meets
all the requirements of this chapter; and (iii) within a new detached
accessory building that meets all the requirements of this chapter
only in the R-80, R-60, R-40, R-30, R-20 and R-15 residential zones,
subject to any applicable building and fire code standards and subject
to these standards:
[1]
Number of ADUs per lot. There shall be no more than one ADU
per lot.
[2]
Owner occupancy. The owner of the single-family residence lot
must reside as the owner's primary residence in either the main dwelling
unit or the ADU.
[3]
Floor area. An ADU shall have a minimum habitable floor area
of 300 square feet and a maximum habitable floor area of 1,000 square
feet. Notwithstanding the foregoing, an ADU shall not have a habitable
floor area of more than 50% of the habitable floor area of the lot's
primary dwelling.
[4]
Bedrooms. The maximum number of bedrooms in an ADU shall be
two, except that in R-10, R-7.5 and R-5 Zones, there shall be no more
than a studio or one bedroom allowed in an ADU.
[5]
Nonconforming main building. Notwithstanding any other provision
of this chapter, an existing main building that is legally nonconforming
with current dimensional or coverage regulations may be legally changed
in use, in whole or in part, to an ADU, provided that the dimensional
nonconformity is not increased and provided the height of an existing
building that fails to meet setback requirements is not increased.
[6]
Entrances. No new entrances to the street-facing façade
of a main building may be added for the purpose of creating an ADU.
[7]
Height of ADU. Notwithstanding any other provisions of this
chapter, the maximum building height shall be the lesser of: (1) 25
feet; or (2) the height of the one-family dwelling main building.
[8]
Minimum term of rental. The rental term of an ADU shall be for
at least six months.
[9]
Parking. Single-family dwellings improved with an ADU shall
have a minimum of a total of three off-street parking spaces with
a minimum of one of the three off- street parking spaces designated
for the ADU, except single-family dwellings located north of Route
119/White Plains Road and west of Broadway only require a minimum
of a total of two off-street parking spaces.
[10]
Certificate of owner occupancy. The owner of the
property shall certify to the Village, in the form of an affidavit
provided by the Building Department, that the owner resides at the
single-family residence improved with an ADU as the owner's primary
residence in either the main dwelling unit or the ADU. Such certification
shall be made at the time of the initial application filed with the
Building Inspector and after the sale or conveyance of the single-family
residence.
[11]
Adequacy of septic system. If the lot is serviced
by a septic system, the owner must demonstrate that the existing septic
system can handle the addition of any ADU by securing the necessary
permits from the Westchester County Department of Health.
[12]
Land Use Board review. No Land Use Board review is necessary for an ADU permit that complies with the requirements in this Subsection B(15)(b) except if: (i) (a) a new addition to an existing one-family dwelling is created for the ADU and the addition increases footprint, square footage or FAR, triggering the requirement for Planning Board site plan approval under § 305-132A(1); (b) an existing garage is converted to an ADU resulting in the need for on-site parking triggering the requirement for Planning Board site plan approval under § 305-132A(2); and/or (c) there is a change, addition or modification to land or buildings designated as an historic district or historic landmark by the Village Board triggering the requirement for Planning Board site plan approval under § 305-132A(3); and/or (ii) Architectural Review Board approval under § 9-4A(4).
(c)
Penalties for offenses.
[1]
Any owner or builder, or any agent of either of them, who fails to secure a permit for the construction of creation of ADU, who allows occupancy of an ADU without a certificate of occupancy for the ADU, or who constructs or causes to be constructed an ADU in violation of the provisions of this chapter, shall be in violation of this chapter and subject to penalties under § 305-115 of this chapter.
[2]
It shall be unlawful to use, establish, maintain, operate, occupy,
rent or lease any portion of any premises as an ADU in the Village
of Tarrytown without first having obtained a permit and certificate
of occupancy for the ADU from the Village of Tarrytown Building Department.
[3]
All ADU owners who have not previously obtained a permit and
certificate of occupancy for an ADU located on their lots shall apply
to the Building Department within six months following the effective
date of this subsection (and if necessary, the Zoning Board of Appeals).
If application is so made within said six-month period, the owner
of the ADU shall not be deemed in violation of this subsection. If
application is not made within said six-month period, the owner of
the ADU shall be deemed in violation of this chapter and shall be
subject to the penalties provided herein.
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 80,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-60 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 60,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-40 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 40,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-30 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space is permitted for not
more than one private passenger vehicle for each 5,000 square feet
of lot area, except that garage space for two such private vehicles
shall be permitted on any lot of 5,000 square feet or more, and one
commercial vehicle belonging to the owner or lessee of such lot may
be kept in a fully enclosed structure. Such garage space may be within,
under or directly connected by a breezeway to the principal building,
or on lots of 7,500 square feet or more may be separated from such
principal building, but space for not more than one private passenger
vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 30,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-20 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 20,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-15 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 15,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-10 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, one commercial vehicle belonging
to the owner or lessee of such lot may be kept in a fully enclosed
structure. Such garage space may be within, under or directly connected
by a breezeway to the principal building, or on lots of 7,500 square
feet or more may be separated from such principal building, but space
for not more than one private passenger vehicle may be leased to a
nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 10,000 square feet.
The following requirements, standards and conditions
apply to the Residential R-7.5 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center on sites of not less than 1 1/2
acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 7,500 square feet.
The following requirements, standards and conditions
apply to the Residential R-5 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings
for religious education on sites of not less than two acres and which
shall meet all other area and dimensional requirements of the particular
district within which they are located. No more than two persons unrelated
by blood, adoption or marriage shall reside therein, living and/or
functioning together as a single nonprofit housekeeping unit, exclusive
of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative
limited-membership community center shall be permitted on sites of
not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor
of any building shall not be used as a separate dwelling unit but
may be used for storage or for sleeping rooms appurtenant to the second-floor
dwelling unit.
(6)
In any R-5 Residence District, an existing one-family
dwelling may be converted or a new dwelling may be erected for occupancy
by not more than two families in separate dwelling units, provided
that:
(a)
The separate dwelling units may be one above
the other or side by side and each shall contain not less than 750
square feet of livable floor area.
(b)
In new structures, the lot shall have an area
of not less than 2,000 square feet per dwelling unit.
(c)
In a converted dwelling, the third floor or
higher floors shall not be used for a separate dwelling unit but may
be used for storage or the third floor may be used for sleeping rooms
appurtenant to a second-floor dwelling unit.
(7)
In existing residential structures certified as historic in nature by the Village Board of Trustees and recommended by the Historic Architectural Review Board, the Planning Board may permit the conversion of said historic structure into housing for up to three families in separate dwelling units, provided that the conditions of Subsection A(6) are met, if applicable.
B.
Permitted accessory uses. Freestanding accessory buildings
shall not be permitted in the R-5 Zone. Accessory uses shall be within
or attached to a principal building directly or by a breezeway or
roofed corridor not exceeding 15 feet in length.
(1)
The raising of ornamental and food crops for use only
by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of
6,000 square feet in the rear yard only, provided that it does not
exceed 2% of the lot area in ground coverage; similarly, a child's
playhouse shall be permitted, provided that it shall not exceed 1%
of the lot area.
(3)
The keeping of dogs and cats as household pets, provided
that the total number of such pets shall not exceed five animals over
the age of six months.
(4)
The keeping of not more than two boarders or lodgers
by a resident family or person, provided that the resultant density
of occupancy does not exceed two persons for each bedroom in the applicable
premises. A boarder/lodger occupancy permit shall be required for
each boarder or lodger proposed to be established. Said boarder/lodger
permit shall be automatically null and void one year from the date
of its issuance or upon changing of ownership of the host property,
whichever shall occur earliest, and may be renewed upon inspection
and certification by the Code Enforcement Officer as being in compliance
with the requirements of this chapter and the State Uniform Fire Prevention
and Building Code. Notwithstanding other requirements of this chapter,
no boarder/lodger permit shall be granted by the Code Enforcement
Officer unless said officer certifies that at least one off-street
parking space has been provided and is available for the use of said
boarder and/or lodger in addition to other off-street parking space
requirements which may exist. Five years from the adoption date of
this chapter, any host property which maintains in excess of the maximum
number of boarders or lodgers as permitted and regulated in this section
shall reduce said occupancy so as to comply with these maximum occupancy
provisions.
(5)
A customary incidental home occupation conducted solely
by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September
5, 1989, and said professional office was in full compliance with
the Village of Tarrytown Zoning Code, as amended, as of September
5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional
office or studio therein.
(d)
Not more than two assistants shall be employed
at the same time in the office of any doctor or dentist and not more
than one employee in any other professional office listed.
(e)
The term "professional" is limited to those
occupations listed in Title VIII of the Education Law of the State
of New York, Article 15 of the Judiciary Law of the State of New York
and Article 15 of the Business Corporation Law of the State of New
York.
(7)
Accessory private garage space for not more than one
private passenger vehicle for each 5,000 square feet of lot area,
except that garage space for two such private vehicles shall be permitted
on any lot of 5,000 square feet or more, and one commercial vehicle
belonging to the owner or lessee of such lot may be kept in a fully
enclosed structure. Such garage space may be within, under or directly
connected by a breezeway to the principal building, or on lots of
7,500 square feet or more may be separated from such principal building,
but space for not more than one private passenger vehicle may be leased
to a nonresident of the premises.
(8)
Organized child-care facilities, including but not
limited to nursery schools and day-care centers, designed and licensed
by the State of New York to conduct the care and feeding of children
of preschool and elementary school age, subject to site plan approval
by the Planning Board.
(14)
Other accessory structures, such as toolhouses,
a child's playhouse, wading pools, outdoor fireplaces or drying yards,
not to be located in any front yard or to be nearer to any side or
rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L.
No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as
historic structures, the Zoning Board of Appeals may permit the conversion
of a one-family dwelling into a maximum of three separate dwelling
units where such conversion is necessary to preserve the historic
structures, provided that each dwelling unit shall contain the minimum
livable floor area required in that district and further subject to
the issuance of a certificate of appropriateness by the Architectural
Review Board.
D.
Minimum lot area: 5,000 square feet.
