Village of Tarrytown, NY
Westchester County
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Table of Contents
Table of Contents
The following regulations shall apply in all zoning districts:
A. 
Conformity required. No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district in which it is located or is to be moved.
B. 
Conversions in historic structures. 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 ARB.
C. 
Completion of structures for which permit has been issued. Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building for which a permit was duly issued and on which actual construction was lawfully begun prior to the adoption of this chapter and upon which building actual construction has been diligently carried on. "Actual construction" is hereby defined to be the actual placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction, provided that actual construction work shall be diligently carried on and the building completed within 12 months from the passage of this chapter. Similarly, whenever a district shall be changed hereafter, the provisions of this chapter with regard to building permits issued prior to the passage of this chapter shall apply to building permits issued for construction in such changed district prior to the time of adoption of the amendment effecting such change.
D. 
Conflicting standards. In case of conflict within this chapter or between this chapter and any other Village statute, bylaw, local law or regulations, the more restrictive standard shall apply. Examples of such standards would include but not be limited to greater width or size of yards or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied.
E. 
In no instance shall the occupancy of any dwelling unit exceed a total of 1.5 persons per habitable room nor shall there be less than 200 square feet of livable floor area per person.
A. 
Lot measurements. All measurements herein shall be deemed to run to and from the pertinent property lines, excepting only in the case of a property owner whose title runs beyond a street-line boundary to a point within such street, in which case, for purposes of measuring front, side and/or rear yards, the property line shall be deemed to be equivalent to the street line.
B. 
Lot for every building. Every building hereafter erected and every use hereafter established shall be located on a lot as defined herein. Unless otherwise permitted in this chapter, there shall be only one use or use category permitted per lot.
C. 
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith. No permit shall be granted for the erection of a building or structure upon the new lot thus created unless it complies with the provision of this chapter.
D. 
Irregularly shaped lots. Where a question exists as to the proper application of any of the requirements of this chapter to a particular lot or parcel, because of the peculiar or irregular shape of the lot or parcel, the Building Inspector shall determine how the requirements of this chapter shall be applied.
E. 
Oversized lots. A lot which does not conform to one or more of the minimum dimensional requirements of this chapter but which would conform if it were reduced in size or dimension shall be deemed to be a conforming lot within the meaning of this chapter.
F. 
Required open space. Required open space cannot be reduced or used by another building and other requirements as to yards and the division of existing lots.
(1) 
No lot shall be so reduced in area as to make any yard, court or other required open space smaller than the minimum required under this chapter.
(2) 
No part of a yard, court or other required open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure.
G. 
Along any nonresidential district boundary line, on a lot adjoining such boundary line, any abutting rear yard or side yard shall have a minimum width or length equal to the required minimum widths or lengths for such side or rear yard in any abutting residential district having greater minimum requirements. Within such required side or rear yard in the nonresidential district shall be a buffer that is at least 15 feet wide. In MU Zones, parking and loading spaces and all paved internal roads shall be subject to additional setbacks from the property lines, as specified in § 305-129.
H. 
No land currently under water may be included in calculations of allowable density or unit count for any property not under water.
No building permit shall be issued for the establishment of any use or the construction of any dwelling or building unless the lot upon which such use is to be established or such dwelling or building is to be built has the minimum required frontage as stated in the zoning schedule for the applicable district to which the lot belongs on a street or highway which has been suitably improved to Village, county or state road standards. Paper streets (whether on an Official Map, a filed subdivision map or demapped by the Village Board of Trustees), rights-of-way, easements, lanes, private roadways and/or driveways, and any other streets shown on the Official Map or a filed subdivision map that are not improved public streets as of the date of this section cannot be used to provide frontage as required by § 305-46.
A. 
Yard for every building. No part of a required yard or other open space provided about any building or on any lot for the purpose of complying with the provisions of this chapter shall be included as any part of the required yard or open space for any other building or any other lot.
B. 
Obstructions in yards. No building, paving, parking, structures or any use whatsoever or any projection from buildings or structures on any site in any district shall be permitted in a required yard (principal or accessory), except as follows:
(1) 
Entrance and exit roads, driveways, sidewalks, drainage structures and other utilities may be permitted in a required yard if approved by the Planning Board in the process of site plan or subdivision review and approval.
(2) 
Cornices, canopies, eaves or any similar features, none of which is less than 10 feet above grade, may extend three feet.
(3) 
Uncovered front stairs and landings connected to the primary structure may extend a maximum of five feet into the required front yard.
(4) 
An open fire escape may extend four feet, but no required fire escape on any structure shall be constructed on the front or any side thereof which faces on a street or be roofed over or enclosed.
(5) 
A terrace or uncovered porch or deck with its floor level no higher than that of the main entrance to the building may extend six feet but, in the case of a side yard, not nearer than six feet to any side lot line. A railing no higher than 42 inches may be placed around any such terrace or porch.
(6) 
A chimney may extend two feet.
(7) 
A fence or wall no higher than six feet may be placed on any property, subject to the additional restrictions in Subsection D. Barbed wire shall be prohibited in the Village of Tarrytown.
C. 
Special setbacks. The following special setbacks shall be required for purposes of maintaining the Village's historic and scenic character and vistas. No buildings or structures shall be permitted within the following setbacks:
(1) 
A setback from the easterly boundary of the railroad right-of-way extending inland for a distance of 300 feet, as measured from the southwesterly point of the property designated on the 1992 Village of Tarrytown Tax Maps as P24 Lot P3E south to the border of the Village of Irvington. The Village Clerk shall maintain a copy of said Tax Map for reference.
(2) 
A setback of 300 feet inland from the mean high-water mark along the entire circumference of the water basin generally known as the "Tarrytown Lakes" or, in the case of existing wetlands adjacent to the Tarrytown Lakes, 300 feet inland from the wetland boundary; however, in no circumstance shall it extend beyond what was formerly known as the "Putnam Rail Right-of-Way" which is now owned by the Village of Tarrytown and is designated on the Village Tax Map as Section 1, Sheet 4, Block 117 and Parcel 70, nor include the site of the facility known as the "Eastview Pump Station" at the eastern end of Neperan Road, designated on the Village Tax Map as Section 1, Sheet 5, Block 2, Parcel P45, from the dam east to the Village boundary. Municipal purposes shall be exempt from this provision.
[Amended 12-15-2008 by L.L. No. 19-2008]
(3) 
A one-hundred-foot setback along both sides of Broadway, New York State Route 9, as measured from the historic walls on either side of said road or from the right-of-way of said road, whichever results in the greater setback, along said road from the southernmost border of the Village of Tarrytown to the center of the Route 9 bridge which crosses over the New York State Thruway, I-87.
[Amended 12-15-2008 by L.L. No. 19-2008]
(4) 
Old Croton Aqueduct buffer.
(a) 
In zones other than R-7.5, there is required a setback of 30 feet on both sides of the Old Croton Aqueduct in the area south of Sheldon Avenue. The following shall be prohibited within the special setback area: the erection of any building, accessory building, wall or parking space or portion of any of the foregoing; the removal of any trees having a six-inch or greater caliper at a height of four feet except pursuant to a permit issued by the Tree Commission upon a finding that the removal of a diseased, rotted or dead tree is necessitated by a danger that the tree will fall and injure persons or property; grading, filling or other alteration of the natural contours of the land except to the extent necessary to install and maintain subsurface drainage and utilities pursuant to an approved site development plan and provided that the site is restored as nearly as possible to its preexisting condition; and the paving of any part of the land; provided, however, that nothing herein shall prevent the construction of any street shown on a subdivision plat approved by the Planning Board after the effective date of this Subsection C(4) or any driveway shown on a site development plan approved by the Planning Board after the effective date of this Subsection C(4).
(b) 
No variance from the provisions of this Subsection C(4) may be granted unless the requirements of § 305-118 are satisfied and, as a condition of such variance, the applicant and his or her successors in interest are required to install and maintain such evergreen and deciduous plantings and landscaping as, in the judgment of the Zoning Board of Appeals, shall be necessary to screen the building or other structure from the view of persons who may use the aqueduct.
(5) 
Notwithstanding any other provisions of this chapter to the contrary, the minimum setback of principal and accessory uses on both sides of New York State Route 119, locally known as "White Plains Road," shall be, in all zones except MU Zones, at least 100 feet from the present right-of-way of said road.
(6) 
In MU Zones, parking and loading spaces and all paved internal roads shall be subject to additional setbacks from the property lines, as specified in § 305-129.
D. 
Visibility at intersections. The yard requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, not over six feet in height, except that adequate visibility shall be maintained as required in Ordinance 7.27, Section 2, of the Village Unified Code.[1] This subsection shall not apply to existing trees, provided that no branches are closer than approximately 10 feet to the ground.
[1]
Editor's Note: For current provisions regarding maintenance of trees and hedges at intersections, see Chapter 281.
E. 
Side yards and setbacks.
(1) 
Corner lots. On any corner lot, except in an R-5 District, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.
(2) 
Accessory buildings and off-street parking spaces shall be set back from any side-street line a distance equal to the front yard requirements on such side street unless lots are back to back, in which case they shall be set back 15 feet.
A. 
No towers, gables, penthouses, scenery lofts, water tanks, water towers, monuments, transmission towers and cables of public utilities, cupolas, solar and wind and energy devices, elevator shafts, transmitter/receiver dishes or cones, whether satellite or microwave or other, or similar structures shall be permitted unless approved by the Planning Board and found to be in furtherance of §§ 305-2 and 305-3 of this chapter. Approval of water tanks, water towers, elevator shafts or similar structures as noted above shall be conditioned upon the following standards and conditions: Such structures shall be attractively screened and placed on roofs and shall be screened with materials considered by the Planning Board to be consistent with or compatible with the exterior of the building. Except for parapets, stair and elevator bulkheads, cooling towers and other mechanical equipment which occupies less than 10% of the roof area and is less than 5% of the bulk of the building to which these elements are appurtenant, such structures shall not be of a height in excess of that permitted in the district within which they are located. Such parapets, stair and elevator bulkheads, cooling towers and other mechanical equipment that are less than 10% of the roof area and less than 5% of the bulk area may exceed the normal height limit only by the prevailing design standards normative to the industry, but in no case greater than 10 feet. Where, in the opinion of the Planning Board, any of the standards and uses regulated by this section are in conflict, the more restrictive or lesser intensity standards, as determined by the Planning Board, shall apply. In no case shall such structures be used for living quarters or for any commercial purposes other than those incidental to the principal building use. These height limitations shall not apply to residential chimneys, cross-member-styled television antennas, HAM operator antennas, standpipes, church spires, flagpoles and any other such structures considered to be of a similar nature by the Planning Board.
B. 
In an effort to achieve conformity, equality, compatibility and proper visual scale with adjacent buildings in or within 300 feet of an historic district so designated by the Village, the Planning Board, in the course of site plan review, shall have the authority, upon consultation with the Village Architectural Review Board (ARB), to require or permit increased building heights and to review, approve and regulate architectural styling and the types, textures and/or colors of building facade materials proposed.
It is the intent of the Village Board of Trustees to mandate maximum impervious surface coverage limits on residential lots in order to ensure that said lots contain enough pervious surfaces to permit natural runoff to percolate into the ground. The following table regulates the maximum impervious surface coverage allowed for single-family residence districts:
District
Maximum Impervious Surface Coverage Allowed
R-80
16.75%
R-60
19.25%
R-40
21.75%
R-30
25%
R-20
29%
R-15
33.50%
R-10
37.25%
R-7.5
40.75%
R-5
43.75%
NOTE: Impervious coverage is the sum of the area of coverage or footprint of all buildings, structures, paved areas, patios or other improved surfaces on a lot preventing natural runoff to percolate into the ground. Calculation of total impervious surface area on a site shall be based upon the gross lot area, not the net developable area on a site. Legal definitions of gross lot area, pervious surface and impervious surface are provided in § 305-5 of this code.
A. 
There shall be installed and maintained a surface water control system which will limit runoff from the developed site for the design storm to that which existed during predevelopment conditions.
B. 
Detention or infiltration facilities shall be provided in accordance with the New York State Stormwater Management Manual.
(1) 
The minimum standard for infiltration devices shall be one precast drainage ring, four feet six inches high by eight feet in diameter. Such precast drainage rings and appurtenances shall be approved by the Village Engineer.
(2) 
For sites under five acres, detention facilities shall be adequate to provide for a twenty-five-year storm of 24 hours' duration. Such detention facilities shall also have outlet control designed for maximum discharge rates for storms with return frequencies of 10 years, five years and two years.
(3) 
For sites in excess of five acres, detention facilities shall be adequate to provide for a one-hundred-year storm of 24 hours' duration. Such detention facilities shall also have outlet control designed for maximum discharge rates for storms with return frequencies of 50 years, 25 years, 10 years and two years.
C. 
Where shown to be inappropriate by hydrologic studies reviewed and approved by the Village Engineer, the requirements of Subsection B may be altered by the Building Inspector and/or the Planning Board and/or the Zoning Board of Appeals and may include the installation of pipes, ditches, culverts, structures, swales, slopes, conduits and other runoff control measures.
D. 
All installations shall be in accordance with standards, specifications and procedures acceptable to the Village Engineer.
Sidewalk crossings or driveway entrances for whatever purpose shall be subject to the approval of the Village Engineer as to safety, drainage and adequacy of width, grade, sight distance and construction.
Inner and outer courts at any level shall be as wide as the height of any vertical wall forming part of such court above the sill of the lowest window served by it and not less than 20 feet in any case.
General regulations pertaining to accessory buildings:
A. 
Accessory building attached to main building. If any accessory building is attached to a main or principal building, including attachment by means of a breezeway or a roofed passageway, it shall comply in all respects with the requirements of this chapter applicable to the main building. All other accessory buildings shall comply with the requirements for such buildings as set forth in the schedule of regulations.[1]
[1]
Editor's Note: The schedule is included at the end of this chapter.
B. 
Height of accessory buildings. The height of accessory buildings shall not be greater than 12 feet as measured in the definition for height of buildings in the case of sloped roofs, or 12 feet in the case of flat roofs, except that accessory garages in multifamily districts may provide recreation space on the roofs thereof to conserve open space for grass and trees.
A swimming pool, whether in the ground or above the ground, shall be considered an accessory use and structure and shall be set back from lot lines as required in the district within which it is located, but in no case shall the swimming pool be set back less than 15 feet. Said pool shall be completely surrounded by a fence or wall enclosure at least four feet in height as approved by the Code Enforcement Officer. Aboveground pools with all walls at least four feet in height above the adjacent surface and with access capable of being effectively barred shall not require fencing. Each gate or opening through said pool enclosure shall be equipped and maintained with effective self-closing and self-latching devices. All lighting sources shall be screened so as to prevent glare when viewed from adjacent properties. Landscaping shall be required to adequately screen, throughout the year, the pool and its operation from view from the public street and the principal buildings on abutting properties.
A. 
Private facilities such as tents, trailers, boats, recreation vehicles and mobile homes shall be defined as accessory recreation vehicle facilities, and their use for permanent dwelling purposes shall not be permitted in any district. Not more than two such recreation vehicle facilities of any type may be parked or stored in an enclosed accessory structure, and none shall be parked or stored within any required yard. The first two sentences of § 305-62A shall not apply to this subsection.
B. 
Temporary occupancy. A certificate of occupancy may be granted by the Code Enforcement Officer for a period not to exceed six months in order to provide convenient temporary living quarters or occupancy during the initial construction or repair of a principal use on the same lot. Such a temporary certificate of occupancy shall not be granted until a water supply, an electrical power system, a heating system and a sanitary sewage disposal system have been approved and constructed and are in operation for the temporary living quarters.
Freestanding devices designed and constructed to capture and use the warmth of the sun for heating and other purposes shall be considered accessory uses and shall comply with all standards and requirements pertaining to accessory buildings and structures in this chapter. Solar devices attached to buildings or structures shall not exceed the height limitations of the district within which they are located. Each solar device shall require site plan approval by the Planning Board as a prerequisite for the issuance of a permit to erect or locate or establish the same. In its review of a solar device, the Planning Board shall pay particular attention to the need for and may require particular landscape screening to soften the visual impact of the solar device upon adjacent neighbors and the public in general.
Devices designed and constructed so as to capture and otherwise use wind energy shall be considered permitted accessory uses in all residential districts and shall be subject to the particular accessory use standards and provisions of the particular district within which they are located, except that wind energy devices shall require and be subject to site plan approval by the Planning Board prior to the issuance of a permit for their installation or erection. In said site plan approval, the Planning Board shall pay particular attention to the need for landscape buffer screening to reduce the visual impact of the particular wind energy device upon adjacent neighbors and the public in general.
A tennis court shall be considered an accessory use and structure, and one shall be permitted per residence in all single-family residence districts. Tennis courts shall also be permitted in multifamily residential districts and in all nonresidential districts. All tennis courts, whether proposed as accessory or principal uses or structures, shall be subject to site plan review by the Planning Board, and Planning Board approval shall be a prerequisite to the issuance of a building permit. In single-family residential districts, tennis courts shall be permitted only in locations on the lot so as to meet all setback requirements and also so as not to project into any front yard beyond the front or street facade of the residence. The Planning Board shall also pay particular attention to the requirement of fencing and drainage and may require landscape buffer screening to reduce visual impact upon adjacent properties. If exterior lighting is to be installed, such light sources shall be screened from view to prevent glare when viewed from adjacent properties.
In the event that a property owner dedicates a portion of his/her real property to the Village of Tarrytown for a public use, for the purposes of zoning, the total area of the lot will considered as if the dedication did not take place.
In any district where gas stations are permitted, one full-service gas pump island must be provided.
A. 
Purpose.
(1) 
The Board of Trustees hereby finds that certain uses of property, by their nature, have serious objectionable operational characteristics which can lead to a significant impact on the surrounding community. The Board of Trustees further finds that the unrestrained proliferation of such uses is inconsistent with existing development and that such uses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of such uses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. The objectionable operational characteristics of these uses are increased by their concentration on any one area, thereby having deleterious effects on adjacent areas. The regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.
(2) 
The Board of Trustees further declares that the location of these uses in regard to areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Tarrytown.
(3) 
In order to prevent the deleterious location and concentration of such businesses and to ensure that the effects noted herein will not adversely affect the health, safety and economic well-being of the community, the Board of Trustees of the Village of Tarrytown finds it in the public interest to enact standards which regulate the placement and construction of adult entertainment uses in the Village of Tarrytown.
B. 
Standards. No business or person shall construct, establish or be issued a certificate of occupancy for any adult entertainment business within the Village of Tarrytown unless such use meets the following standards:
(1) 
No more than one adult entertainment use, as defined in this chapter, shall be located on any individual lot.
(2) 
No adult entertainment use shall be permitted in any building otherwise used in whole or in part for residential purposes, including nonconforming residential uses.
(3) 
No adult entertainment use shall be permitted on any lot which is located within 750 feet of any other lot on which is located an adult entertainment use.
(4) 
No adult entertainment use shall be permitted on any lot which is located within 750 feet of any lot in any residential district.
(5) 
No adult entertainment use shall be permitted on any lot which is located within 750 feet of any lot on which is located a church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.
(6) 
No adult entertainment use shall be permitted on any lot which is located within 750 feet of any school bus stop.
(7) 
The proposed use shall meet all other requirements of the laws of the Village of Tarrytown, including but not limited to district lot and bulk regulations, parking regulations and signage requirements.
(8) 
No person under the age of 18 years shall be permitted into the premises.
C. 
Cabarets. Adult entertainment uses shall be considered cabarets and shall be subject to the provisions of Chapter 111, Cabarets, of the Code of the Village of Tarrytown.
A. 
May be continued subject to conditions. Any building or use of land or building lawfully existing under the provisions of the local law or Local Zoning Law in effect immediately prior to the date on which this chapter becomes effective, although not conforming with the provisions of this chapter for the district in which it is situated, may be continued, subject to compliance with the conditions set forth below. Similarly, whenever a district shall be changed hereafter, the provisions of this chapter with regard to any building, structure or use lawfully existing at the time of the passage of this chapter shall apply, subject to the conditions set forth below, to any building, structure or use lawfully existing in such changed district at the time of the passage of such amendment.
(1) 
A change to a nonconforming building which does not increase the degree of nonconformity, and which otherwise conforms to zoning regulations, shall not require a variance. Alterations which would increase the degree of nonconformity are described below in Subsection A(2).
(2) 
Nonconformity may not be increased or moved. No such land use, building or structure which is nonconforming with respect to height, percentage of area of lot occupied, minimum yard sizes or minimum lot area per family shall be enlarged or altered in such a manner as to increase any such nonconformity or so as to substantially enlarge or increase the habitable or other useful area of such nonconformity, including, without limitation, the alteration of roof or floor levels or the addition of habitable or other useful area above or below such nonconforming structure. No such land, building or structure which is nonconforming with respect to use shall be enlarged nor shall the building or structure be altered structurally except as may be required by order of the Code Enforcement Officer to strengthen or restore such building or any part thereof to a safe condition. No nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this section.
(3) 
Changing to substantially more conforming use. No nonconforming use shall be changed to another nonconforming use except that, within six months after the cessation of a lawfully existing nonconforming use, the Board of Appeals, after notice and hearing, may grant a temporary conditional permit for a new nonconforming use within the same structure, provided that it shall find that:
(a) 
The proposed new nonconforming use will be substantially more in keeping with the comprehensive zoning plan of land use and development (Master Plan) and the character of the neighborhood than the former nonconforming use.
(b) 
It will tend to facilitate the later conversion of the structure to a more conforming use.
(4) 
If made to conform, may not revert to nonconformity. No such nonconforming building or use, if changed in whole or in part to a building or use which conforms to or is in greater conformity with the provisions of this chapter, shall be changed back to a less conforming or nonconforming building or use.
(5) 
Effect of discontinuance. Any such nonconforming use, the physical operation or use of which has ceased for six months or longer, shall be deemed to be abandoned, and such nonconforming use shall not be resumed.
(6) 
Effect of serious damage.
(a) 
A one-family dwelling situated on a lot having an area of less than 7,500 square feet or a width at the front of the building of less than 50 feet and not conforming to this chapter with respect to required yards, if accidentally damaged from whatever cause to whatever extent, may be rebuilt or restored on its original foundations.
(b) 
A one-family dwelling not falling within the category specified in Subsection A(6)(a) above and not conforming to this chapter with respect to required yards, if accidentally damaged from whatever cause to the extent of not more than 50% of its volume above the foundations as determined and certified by the Code Enforcement Officer, may be restored on its original foundations, but if damaged to a greater extent of such volume, may be rebuilt or restored to provide an equivalent livable area but shall conform to the side yard requirements herein set forth and shall not be nearer to the street than the average distance of the dwelling on the lots adjacent thereto on each side or, if there are none adjacent, the average distance of the two nearest dwellings on the same side of the street, but in any event not more than the distance required in Column 11 of the schedule.[1]
[1]
Editor's Note: The schedule is included at the end of this chapter.
(c) 
In the event of the accidental destruction or damage from whatever cause, a single building, the first floor of which prior thereto was used primarily for the sale of goods at retail or the performance of customary personal services or a combination thereof, whether or not such use was a conforming use or a lawful nonconforming use, may be restored upon the original site for the continuance of such use, subject to the following provisions:
[1] 
If the damage to such building was less than 50% of the volume above the foundations, as determined and certified by the Code Enforcement Officer, it may be restored upon such foundations to its original dimensions.
[2] 
If the damage was more than 50% of its volume above the foundations, as determined and certified by the Code Enforcement Officer, such building may be rebuilt, subject to the approval of the Board of Appeals, upon the same lot in such manner as to provide floor area for merchandising or personal services equivalent to that existing prior to such damage and in addition such number of off-street parking spaces which the Board of Appeals may determine can at reasonable cost be developed upon such lot by means of access directly from the street on which the property fronts or by access from a side street or by easement over the property of another. In approving such permit to rebuild, the Board of Appeals may impose such conditions as, in its judgment, are necessary in the public interest, having due regard to the circumstances in the particular case.
(d) 
Any other building or structure not falling within the provisions of this subsection, if damaged to the extent of not more than 50% of its volume above the foundations, as determined and certified by the Code Enforcement Officer, whether or not such use was a conforming use or a lawful nonconforming use, may be restored upon the original site to its former use and dimensions, but if damaged to the extent of more than 50% of its volume, as determined and certified by the Code Enforcement Officer, may be restored to its original use and to an equivalent usable building area in accordance with the applicable provisions of Subsection A(6)(c).
(7) 
Application to rebuild must be made within six months. Application for a permit to rebuild or restore the damaged portion of any building damaged or destroyed as set forth in Subsection A(6) shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portion, except as specified in Subsection A(6), shall comply with the provisions of this chapter in all respects, save as to the use of the building or structure, as therein specified.
(8) 
Rebuilding must be completed within 12 months. If a permit for such rebuilding or restoration is granted, it shall lapse 12 months thereafter unless reconstruction in accordance therewith has been substantially completed, except that the Code Enforcement Officer, in his discretion, may grant a six-month extension thereof.
(9) 
Certain uses must cease within two years. Any nonconforming use of land upon which there is no substantial structure or building, and the use of which is considered temporary in nature by the Zoning Board of Appeals, shall be discontinued within two years from the adoption of this chapter or the date of determination by the Zoning Board of Appeals, whichever is the greater time.
(10) 
Nonconforming lots.
(a) 
Any parcel of land having access to a street shown on the Official Map and having an area or width at the front of the building less than prescribed for a lot in the district in which such lot is situated, which parcel was under one ownership from date of the adoption of this chapter on March 1, 1959,[2] to the present, when the owner thereof owned no adjoining land from March 1, 1959, to the present, may be used as a lot for any purpose permitted in the district without obtaining a variance from the Board of Appeals, provided that all other area regulations prescribed for the district by this chapter shall be complied with in proportion of actual lot width to required width at the front of the building and in like manner to minimum yard dimensions, except that one side yard shall be not less than 10 feet wide.
[2]
Editor's Note: This chapter was readopted 12-1-2008 by L.L. No. 18-2008.
(b) 
If such nonconforming lot(s) shall, on or after March 1, 1959, be held in the same ownership as an adjoining parcel or parcels, such nonconforming lot(s) shall be termed "merged" to form one whole lot. If the merged lot is nonconforming, the provisions of this subsection shall apply to the merged lot.
(11) 
Lots made nonconforming by future amendment. Should the required area or dimensions of lots be changed by future amendment of this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon subject to the limitations contained in Subsection A herein.
B. 
Restoration of certified historic structures which may be nonconforming. Nothing in this section shall prevent the strengthening or restoring to a safe condition of any wall or structural member of a certified historic structure considered unsafe by the Code Enforcement Officer. Notwithstanding other provisions of this section to the contrary, any building or structure certified as historic by the Village Board of Trustees may be restored to its original form in a safe and sound manner so as to protect and enhance the historic integrity of such structure. Such reconstruction and/or rehabilitation shall be subject to site development plan review and approval by the Planning Board with the advisory assistance of the ARB.
C. 
If a portion of a lot has been acquired through eminent domain, and, as a result of such acquisition, the remaining portion of the lot has been rendered nonconforming with respect to lot area, setbacks, building coverage, impervious surface coverage, parking, total gross floor area or FAR, such remaining portion of the lot shall be deemed and considered a legal nonconforming lot to the extent of any nonconformity resulting solely from such exercise of eminent domain. Notwithstanding any provision of § 305-62, in connection with any proposed change of use or change of occupancy involving any lot that has had a portion of it acquired through eminent domain (the "remaining lot"), for purposes of calculating the remaining lot's conformity with lot area, setbacks, building coverage, impervious surface coverage, parking, total gross floor area or FAR, the remaining lot shall be credited as if the lot area acquired through eminent domain remained, except that no structure may be extended or expanded to a location that is further into any required setback than any building existing at the time of the acquisition through eminent domain.
A. 
General.
(1) 
All structures and land uses hereafter erected, enlarged, moved, created, changed in use or intensity or otherwise substantially altered shall be provided with the amount of off-street parking and loading spaces required by the terms of this section to meet the needs of persons occupying or using such structures or land. The intensity and extent of occupancy of any structure as measured in Subsection D, Schedule of Off-Street Parking Requirements, shall be limited by the number of off-street parking spaces designated and constructed on an approved site plan.
(2) 
The plans for any new building or any expansion of an existing building, when submitted for a building permit, shall show specifically the location, size and type of improvements of the off-street parking or loading space required to comply with this chapter and the means of access to such space from the pubic streets or highways. Except for individual one-, two- and three-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvements is approved by the Planning Board as part of site plan approval and the Planning Board has determined that traffic access, traffic circulation and the general layout of the parking facility are properly planned with regard to safety, traffic on the public street and adequacy of access for cars and pedestrians using the parking facility. No certificate of occupancy shall be issued for any building or land use until the required off-street parking and loading facilities have been established.
(3) 
Required off-street parking facilities which, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the users or structures for which they were originally provided.
B. 
Existing structures and uses. Structures and land uses in existence or for which building permits have been approved at the time of the adoption of this chapter shall not be subject to the parking or loading space requirements set forth in this section. However, any parking and loading facilities now existing to serve such structures or uses shall not be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements.
C. 
Location, use, design, construction and maintenance of parking and loading facilities.
(1) 
Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Village Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this section. The Zoning Board of Appeals may also permit the substitution of space on another lot under certain conditions where, by reasons of difficult topography or abnormal shape of lot, strict compliance with the minimum off-street parking requirements specified in this chapter or in particular cases found to be necessary and so ordered by the Planning Board or by the Board of Appeals cannot be attained on the lot to which such space would be appurtenant. The Board of Appeals, after notice and hearing and upon recommendation of the Planning Board, may permit the substitution therefor of equivalent off-street parking space on another lot in the same ownership or under lease for a term of not less than five years, the entrance to which is not over 300 feet by normal pedestrian travel from the building or use to which such off-street parking space is appurtenant, and if such alternate off-street parking space is authorized, such space shall be deemed to be required open space appurtenant to such building or use and thereafter may not be used for any other purpose unless other alternative space complying with this subsection is substituted therefor and approved by the Board of Appeals. In no event shall such parking and/or loading spaces for a nonresidential use be so located without approval of the Zoning Board of Appeals.
(2) 
Size of parking spaces. Each parking space shall be at least nine feet wide and 18 feet long. If enclosed, the Planning Board may require the size of the space to be increased for maneuverability.
(3) 
Additional standards as to size and location. Off-street parking spaces shall be set back from any side-street line a distance equal to the front yard requirements on such side street unless lots are back to back, in which case they shall be set back 15 feet. Enclosed parking structures and paved parking areas shall constitute an accessory building and shall conform to the required setback requirements for the applicable zoning district as delineated in the Tarrytown Zoning Schedule. Notwithstanding the provisions of Subsection C(1) and (2):
(a) 
Parking units required for one-family dwellings may be reduced in width to eight feet and may be provided in accessory garages or carports or in a side or rear yard or in a driveway not less than eight feet nor more than 30 feet in width or in a combination thereof but may not otherwise encroach upon a required front yard, and the driveway may not be less than five feet from any side or rear lot line, except in any R-5 District.
(b) 
Parking units for all other uses shall be nine feet in width and may not encroach upon a required front yard. No driveway accessory to such uses shall be closer than 10 feet to any side or rear lot line. No parking space or parking area other than approved entrance and exit drives shall be permitted in any front yard.
(c) 
A required front, side or rear yard shall be defined as the minimum yard required for the applicable zoning district as delineated in the Tarrytown Zoning Schedule.[1]
[1]
Editor's Note: The schedule is included at the end of this chapter.
(4) 
Grades, drainage, paving and marking. Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically herein or by the Planning Board in site plan review. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.
(5) 
Parking and loading area landscaping. Except for parking spaces accessory to a one-, two- or three-family dwelling, all off-street parking areas shall be developed in accordance with Planning Board site plan approval and guidelines established by the Planning Board.
(a) 
Notwithstanding the above provisions in this subsection, where an off-street parking area in any business or multifamily residence district adjoins a one-family residence district or is adjacent to a street, park or other public open space, there shall be a suitably maintained landscaped strip of a width specified in Subsection C(5)(c), below. Each such landscaped strip shall consist of an evergreen hedge, wall or fence not less than two feet in height, located at the inner edge of such required landscaped strip, exclusive of entrances and exits, and in front or outside of any such wall or fence there shall be a planting screen of shrubbery not less than four feet in width, at least 1/2 of which shall consist of evergreens not less than two feet in height. Each such landscaped strip shall be maintained by the property owner.
(b) 
The shrubbery shall be of sufficient density to conceal in midsummer of the year succeeding the planting thereof 25% of the vertical area of such wall or fence. Any portion of such landscaped strip not occupied by shrubbery shall be planted with a good quality grass seed or permanent plant cover such as ivy or pachysandra or similar growth and shall be kept free of trash, suitably watered except when prohibited in times of drought and suitably trimmed and maintained. Wherever motor vehicles are to be parked adjacent to such landscaped strip, there shall be a suitable curb or bumper guard, approved as to design and construction by the Code Enforcement Officer.
(c) 
Minimum widths of landscaped strips shall be:
[1] 
Along a street frontage, except as to entrances and exits: 10 feet.
[2] 
Along any boundary abutting directly on a residence district, except as specified below: 10 feet.
[3] 
Along any boundary of a multifamily residence use, the adjacent portion of which is used for the parking of passenger vehicles or for access and turning areas appurtenant thereto: five feet.
(6) 
Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between one or more adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Village Attorney, binding the owners and their heirs and assignees to permit and maintain such internal access, circulation and inter-use of parking facilities by the users of the facilities.
(7) 
Miscellaneous parking requirements.
(a) 
Deemed required open space. Such off-street parking and off-street loading space, together with the necessary entrances, exits, passageways, turning areas and landscaped borders, shall be deemed to be required open space on the lot on which it is situated and shall not thereafter be encroached upon or reduced in any manner except as specified in Subsection C(7)(b) below.
(b) 
On application by the owner or lessee or in the course of site plan review and recommendation by the Planning Board and after due notice and hearing, if the Board of Appeals shall find that the minimum off-street parking space specified for any use by this chapter is, in a particular case, in excess of the number required to comply with Subsection D, Schedule of Off-Street Parking Requirements, it may, in such case and subject to such conditions as it may impose, waive temporarily the construction of such number of units so found to be in excess of those so required, but the land necessary to provide the parking units, temporarily waived, and the access and turning areas appurtenant thereto shall not be built upon but shall be deemed to be required open space to be kept available for the construction of the required parking units, temporarily waived, and the Board of Appeals shall have the power, after notice and hearing, to rescind such waiver when, in its judgment, the public interest so requires.
(c) 
With respect to any use for which the required parking units are not specifically set forth in this chapter or upon recommendation of the Planning Board, the Board of Appeals shall determine the number of off-street parking units which will bear a reasonable relation to the minimum off-street requirements for specified uses as set forth in the schedule and shall require that such number of units be provided.
(d) 
Parking fund.
[Amended 5-6-2013 by L.L. No. 3-2013]
[1] 
Upon the establishment of a parking fund for the Restricted Retail Zone by the Village Board of Trustees, should the Planning Board or the Zoning Board of Appeals, depending upon which of these two Village agencies is responsible for the review and approval of the particular parking requirement, determine that such parking requirement cannot be fulfilled because the applicant does not have land on site available for parking or has land on site that cannot be accessed from public rights-of-way, said Board may require a monetary contribution in lieu of the provision of parking spaces, up to a maximum of 15 parking spaces. The amount to be placed in the parking fund shall be as follows:
[Amended 2-18-2014 by L.L. No. 2-2014]
[a] 
From one to five parking spaces: $1,000 per parking space.
[b] 
From six to 10 parking spaces: $2,000 per parking space.
[c] 
From 11 to 15 parking spaces: $3,000 per parking space.
[2] 
These procedures shall be limited to the off-street requirements within the RR Restricted Retail Zone. The parking fund, when established, shall be used exclusively for the creation of new parking in the downtown commercial area or for the maintenance of the existing parking in the downtown commercial area.
(e) 
In the RR Restricted Retail Zone, if the Building Inspector finds that a change of use or occupancy will not require an increase of more than five off-street parking or loading spaces beyond that required for the previous use, or in the number of spaces actually approved for construction to serve the use, and the applicant does not have land available on-site for parking or has land on-site that cannot be accessed from public rights-of-way, site plan approval requirements may be waived by the Building Inspector. If the Building Inspector determines that site plan approval is not required, the parking requirements under this chapter shall be deemed fulfilled. The decision of the Building Inspector can first be reviewed by the Village Administrator and then by the Planning Board.
(f) 
In MU Zones, parking and loading spaces and all paved internal roads shall be subject to additional setbacks from the property lines, as specified in § 305-129.
D. 
Schedule of Off-Street Parking Requirements.
(1) 
Minimum off-street parking requirements shall be as follows:
Use
Minimum Off-Street Parking
1- and 2-family dwellings
2 spaces for each dwelling unit
Multifamily dwelling
2 1/2 spaces for each dwelling unit
Professional office or home occupation permitted in a residential district, including rectory, parsonage, church or synagogue office
2 spaces, plus 1 space for each person employed in the office or home occupation in addition to spaces required for the residential use and other permitted uses, except that there shall be 3 spaces for each medical or dental practitioner plus 1 space for each employee in addition to spaces required for the residential use
Roomers or boarders
1 space for each roomer or boarder in addition to spaces required for the residential use
Place of worship, theater, auditorium, athletic field, school and other public building or other place of assembly
1 space for each 5 seats or pew spaces or, in places without seats, 1 space for each 100 square feet of floor space used for public assembly (a pew space shall be considered to be 20 inches wide); 1 space per 3 theater seats
Hospital, convalescent home or home for the aged
2 spaces for each 3 patient beds and 1 space for each employee, including medical, nursing and service staff
Nursing home
1 space for each 3 patient beds and 1 space for each employee, including medical, nursing and service staff
Boat or yacht club, golf and country club
1 space for each 3 members, plus 1 space for each employee per shift, plus parking requirements for a restaurant in those clubs which provide banquet, eating and catering services
Bowling alley, other place of public amusement or club other than boat, yacht, golf or country club
5 spaces for each bowling lane; all others, 1 space per 100 square feet of floor space used for public amusement or assembly; 1 space for each 5 club members
Restaurant
1 space for each employee on shift, plus 1 space for each 3 seats or 1 space for each 100 square feet of gross floor area, whichever is greater
Office for business or professional use (other than accessory to residential use)
2 spaces for each separate office, sublet office or suite of offices of a given tenancy, plus 1 space per employee, but not less than 1 space for each 300 square feet of gross floor area
Banking office
10 spaces, plus 5 additional spaces for each person in excess of 2 acting as tellers, including waiting spaces for drive-in windows
Hotel
1 space for each guest sleeping room or suite, plus 1 space for each 2 employees, plus 1 space for each permanent resident
Funeral home
1 space per employee, plus 1 space per 50 square feet of gross floor space in assembly rooms, but no fewer than 20 spaces
Motor vehicle sales and service
1 space per employee, plus 1 space per 150 square feet of gross floor space
Animal hospital or veterinary office
1 space per employee, plus 1 space per 300 square feet of gross floor space, but no fewer than 10 spaces
Retail or personal service business or establishment
1 space per employee, plus 1 space for each 300 square feet of gross floor area
Automotive washing establishment
10 spaces per washing bay, plus 1 space per employee on shift
Automotive fuel filling and service station
10 spaces, plus 1 space per each 150 square feet of garage floor, plus 1 space per employee on shift
Research or office laboratory
1 space per employee, but not less than 1 space per 600 square feet of gross floor space
Manufacturing or industrial use, including food preparation
1 space per employee, but not less than 1 space per 400 square feet of gross floor space
Wholesale, storage, utility, laundry, dry-cleaning, printing, ice plant or other similar commercial use
1 space per employee, but not less than 1 space per 1,000 square feet of gross floor space
(2) 
Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board and established in site plan review and approval.
(3) 
If the applicant can provide a parking study which can show that the use in question can adequately provide parking at a lesser standard, or, because of multiple uses, a shared parking analysis shows that fewer spaces are needed to provide adequate parking, the Planning Board may reduce the amount of required parking that must be built by up to 20%. The Planning Board shall reserve the right to require the area that would have been used for parking to be land-banked for landscaping and screening, so that such area is reserved for future additional parking, if required. The Village Engineer will reserve the right to conduct a parking survey one year after a certificate of occupancy is issued to determine whether such additional parking is required.
E. 
Operation and maintenance of off-street parking facilities. Required off-street parking facilities and related landscaping shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times for those persons who are employed at or make use of such structures and land uses except when dedicated to and accepted by the Village as public parking areas.
F. 
Off-street loading requirements. Off-street loading and unloading facilities shall be located on the same lot or site with the use to be served except as may be provided by other provisions of this chapter and shall be provided as follows:
(1) 
Size. Each off-street loading space shall be at least 15 feet in width, 45 feet in length and 14 feet in clear height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width. Such spaces shall be within the principal structure or within a side or rear yard or within one of two or more access drives to a required parking area or within a single drive having a paved or unobstructed width of at least 25 feet.
(2) 
Required number of loading spaces. The required number of loading spaces shall be as follows:
(a) 
For retail and/or service business establishments, a minimum of one space for the first 6,000 square feet or part thereof, plus one space for each additional 8,000 square feet of gross floor area or major part thereof.
(b) 
For office or office and research establishments, a minimum of one space for the first 10,000 square feet of gross floor area or part thereof, plus one space for each additional 15,000 square feet of gross floor area or major part thereof.
(c) 
For wholesale business, industry, storage, warehouses and other commercial establishments, a minimum of one space for the first 8,000 square feet of gross floor area, plus one space for each additional 8,000 square feet of gross floor area or major part thereof.
(d) 
For nursing homes, a minimum of one space for each nonaccessory building.
(e) 
Other uses which do not fall within the categories listed above shall be determined by the Planning Board and established in site plan review and approval.
A. 
General. For reasons stated in Article I, in particular, traffic and pedestrian safety, both on and off street, as well as to provide for possible future road widening, realignment or other improvements, all new driveways and sidewalk crossings entering onto any street shall comply with all requirements of these regulations and shall be subject to the approval of the Code Enforcement Officer except where such are part of a use subject to compatible use permit or site development plan approval, in which case they shall be subject to Village Board or Planning Board approval as the specific standards may require.
B. 
Driveway grades.
(1) 
The maximum grade for any new driveway accessory to a permitted use or structure and connecting to a street, between the paved street and the required minimum setback line (the minimum yard requirement), shall be 10%, but the Planning Board, in approval of a site plan, shall have the discretion to allow a grade as steep as but no steeper than 13%. The Planning Board may require the modification of proposed steep driveways upon the recommendation of fire, police and EMS authorities, such as but not limited to the provision of additional off-street parking spaces near the access street and at the approximate street grade as a mitigating measure for parking in inclement weather or for other unique or hazardous conditions.
(2) 
Notwithstanding the maximum permitted grades specified in Subsection B(1), no driveway serving a use shall have an entrance grade in excess of 4% within 30 feet of the center line of the traveled way of the street or within 20 feet of the front property line, whichever distance is greater. The Planning Board may require increased areas of this type in situations where, because of the nature of the proposed use or other circumstances, substantial traffic volumes are anticipated.
C. 
Driveway alignment and location. Any driveway entering onto a street shall be located and aligned in such a way as to minimize possible traffic hazard. The entrance portion of the driveway, as required by Subsection B(2) above, shall be aligned and constructed so as to permit vehicles to enter and exit at approximately right angles to the street.
D. 
Sight distance. Clear visibility shall be provided in both directions at all exit points so that motorists stopped on the entrance grade portion of any new driveway will have an unobstructed view of the intersected road for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that motorists traveling on the highway shall have a similar view of the automobile in the driveway. The following table provides the minimum stopping sight distance (on wet pavements) for a range of speeds:
Design Speed
(mph)
Stopping Sight Distance for Design
(feet)
19
97
25
146
31
206
37
277
43
363
50
457
56
553
62
672
68
808
75
937
Source: American Association of State Highway and Transportation Officials, A Policy on Geometric Design of Highways and Streets, 1994.
All developed areas and properties which are not covered by buildings, structures, parking and loading areas, sidewalks or similar purposes shall be permanently maintained in such manner as to minimize erosion and stormwater runoff and harmoniously blend such uses with the neighborhood and character of the Village as a whole. Such maintenance shall be conducted in accordance with landscape guidelines which may be adopted by the Planning Board.
A. 
In connection with the review of any site development plan or compatible use permit application for a multifamily or nonresidential use abutting or directly across a local street from any property in a residence district and in addition to any other landscaping requirements of this chapter, in particular § 305-63C(5), a buffer strip shall be required along all such property lines. Such buffer strip shall comply with at least the following minimum standards:
(1) 
It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively and reasonably screen the activity of the lot from the neighboring residential area. Nonevergreen planting may be included to supplement evergreen planting but not to take its place.
(2) 
A wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required planting and buffer area.
(3) 
Where the existing topography and/or landscaping provides adequate screening, or in cases of conflict between these and other landscape requirements established in this chapter, the Planning Board may, at its discretion, decide which of the conflicting requirements shall be applicable.
B. 
All plantings shown on an approved site plan or compatible use permit plan shall be maintained in a vigorous growing condition throughout the duration of the principal use, and plants not so maintained shall be replaced with new plants at the beginning of the next immediately following growing season.