Village of Tuckahoe, NY Article II Zoning Ordinance and Zoning Map

§ 2-1 List of districts.

[L.L. No. 10-2009, § 3]

The Village of Tuckahoe is hereby divided into the following districts:

	Residence A-10
	Residence A-5
	Residence B
	Business/Residential
	Apartment 3
	Business
	Industry
	General Commercial

§ 2-2 Zoning Map.

[L.L. No. 6-2007, § 2]

The boundaries of said districts are hereby established as shown on the map entitled "Zoning Map, Village of Tuckahoe," dated and adopted in July 2007, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter.[1]

[1] Editor's Note: A copy of the Zoning Map is included at the end of this chapter.

§ 2-3 District boundaries.

In determining the boundaries of districts shown on the map, the following rules shall apply:

2-3.1. Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, alleys and main track or tracks of railroads.

2-3.2. Unless district boundary lines are referenced by dimensions on the Building Zone Map to a street line, they are intended to follow lot lines as they exist at the time of passage of this chapter. In case of doubt, however, a district boundary line shall be determined by the Zoning Board of Appeals hereinafter provided for, after due notice and public hearing and in such a way as to carry out the intent and purpose of this chapter and map.

2-3.3. In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

§ 2-4 Effect of establishment of districts.

Following the effective date of this chapter:

2-4.1. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.

2-4.2. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.

2-4.3. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.

2-4.4. Any parcel of land having direct access to a street shown on the official map, and having an area or a frontage less than that prescribed for the district in which such parcel is situated, may be used as a lot for any purpose permitted in such district, provided that:

(a) Such parcel was under one ownership at the time of the adoption of this chapter;

(b) It has not been reduced in area or width by any voluntary act of an owner since then, but if reduced has been so reduced only by a taking for public use;

(c) The owner thereof owns no adjoining land;

(d) All other requirements of the chapter are fulfilled; or alternatively;

(e) That a variance has been duly applied for and granted by the Zoning Board of Appeals for proven hardship and subject to conditions duly specified.

(f) In determining the minimum yard sizes to be specified under § 2-4.4(e) above, the Zoning Board of Appeals shall be guided by the following principles:

1. Front yard depth should approximate the average depth of front yards on the same side of the street to a distance of 250 feet in both directions, measured from each end point of the property on such street; if the property is less than 250 feet from a street corner, then in that direction the measurement shall be from the point of the property nearest to the corner. In districts other than C Districts, the Zoning Board of Appeals may in the alternative be guided by the principle that front yard depth shall be not less than 20% of the average depth of the lot.

2. Side yards may be reduced in proportion to the ratio of actual lot width to minimum required width, except that in any event one side yard with a minimum width of eight feet shall be provided to afford access to the rear yard, and the other side yard may be reduced accordingly, but no side yard shall be less than four feet in width.

3. Rear yard should approximate 25% of the average depth of the lot, and be not less than 20 feet in any event, except that in AP-3 Districts the rear yard of any series of buildings shall not in any event be less than an average of 20 feet.

2-4.5. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued and the construction of which shall have been started before the effective date of this chapter, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed in accordance with such plans as have been filed within one year from the effective date of this chapter.