4-1.1.
Use. In a Residence A-10 District, no building or premises shall
be used, and no building or part of a building shall be erected, which
is arranged, intended or designed to be used, in whole or in part,
for any purpose, except the following:
4-1.1.1.
One-family dwelling, not to exceed one such dwelling on each
lot.
4-1.1.2.
Municipal parks and playgrounds, including customary recreational
and service buildings, and without limitation, any other proprietary
or governmental use of the Village of Tuckahoe.
4-1.1.3.
Places of worship, including parish houses and religious school
buildings and schools, including uses customarily accessory thereto
subject to the following requirements:
(a)
Notwithstanding any other provisions contained in this chapter,
no building shall exceed a height of 42 feet nor shall the number
of stories at any point along the periphery of such building exceed
three. Chimneys, flues, towers, bulkheads, spires and other decorative
features shall be exempt from the provisions of this paragraph, provided
that they occupy not more than 20% of the area of the roof of the
building of which they are a part.
(b)
No building or part thereof shall be erected nearer than 50
feet to any street line nor nearer to any property line than 50 feet
or two times the height of such building, whichever is the greater
distance.
(c)
The sum of all areas covered by all principal and accessory
buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 4-4.10
hereof.
(e)
Any private school permitted under this paragraph shall be a
nonprofit organization within the meaning of the Internal Revenue
Act and shall be registered effectively as such thereunder.
4-1.1.4.
Accessory uses, limited to the following:
(a)
Customary home occupations, provided that:
1.
No display of goods or signs are visible from the street.
2.
Such occupation is incidental to the residential use of the
premises and is carried on in the main building by a resident thereof
with no assistants who do not reside on the premises.
3.
Only customary household appliances and equipment are used.
4.
Such occupation is carried on in an area not exceeding 30% of
the area of one floor of the main building.
(b)
Professional office or studio of an architect, artist, dentist,
engineer, lawyer, musician, physician, surgeon or teacher, provided
that:
1.
Such office or studio is incidental to the residential use of
the premises and is carried on by a resident thereon with not more
than one assistant who does not reside on the premises; and
2.
Such office or studio shall occupy not more than 30% of the
area of one floor of the main building. Studios, where dancing or
music instruction is offered to groups in excess of four pupils at
one time or where concerts or recitals are held, are prohibited.
(c)
Garden house, pool house, playhouse, shed, greenhouse or swimming
pool incidental to the residential use of the premises and not operated
for gain, provided that swimming pools shall be subject to the provisions
of § 5-1.1.
1.
In addition to complying with all other provisions of this chapter,
none of the above structures shall be erected closer to the side or
rear yard line than 5 1/2 feet, the distance from principal building
to be not less than 10 feet. If any of the above structures are larger
than 72 square feet or higher than 7 1/2 feet outside, the applicant
must appeal to the Zoning Board of Appeals for a variance.
(e)
Private garage for passenger automobiles of residents on the
premises, including the leasing to a nonresident of the premises of
space for not more than one such automobile.
(f)
The keeping of a reasonable number of customary household pets,
but excluding the commercial breeding or keeping of same, and excluding
the keeping of poultry, pigeons, rabbits and similar animals.
(g)
Nonilluminated signs, limited as follows:
1.
One nameplate or professional sign with an area of not over
one square foot;
2.
One sign advertising the sale or rental of the premises on which
such sign is situated, with an area of not over four square feet,
provided that such sign is located on the front wall of a building
or, if freestanding, then not nearer than 15 feet to any street or
property line; and
3.
One bulletin board or other announcement sign for educational
or religious institutions with an area of not over 12 square feet,
provided that such sign is located on or adjacent to the wall of a
building or, if freestanding, then not nearer than 15 feet to any
street or property line.
(h)
Fences or garden walls.
(i)
No exterior lighting used to illuminate a stadium or ball field,
other than security lighting. This shall include any lighting not
consistent with § 6-1.6(e) of this Code.
[ L.L. No. 3-2021]
4-1.2.
Height. Except as provided in § 4-1.1.3 hereof, no building
shall be erected to a height in excess of 35 feet, nor shall the number
of stories at any point along the periphery of any building exceed
2 1/2 stories. Chimneys, flues, towers, bulkheads, spires and
other decorative features shall be exempt from the provisions of this
paragraph, provided that they occupy not more than 20% of the area
of the building of which they are a part.
4-1.3.
Lot Area and Width. The lot area shall be not less than 10,000 square
feet and the lot width not less than 80 feet, provided that the length
of the street line shall not be less than 80% of the lot width; provided,
however, that for any lot that is created after July 1, 1999, the
lot area shall be not less than 12,000 square feet and the lot width
not less than 95 feet, provided that the length of the street line
shall not be less than 80% of the lot width.
4-1.4.
Yards. Except as otherwise permitted or required, the following yards
shall be provided on each lot:
4-1.4.1.
Front Yard. There shall be a front yard along each street line
with a depth of not less than 25 feet; provided, however, that for
any lot that is created after July 1, 1999, there shall be a front
yard along each street line with a depth of not less than 35 feet.
4-1.4.2.
Side Yard. There shall be a side yard along each lot line with
a width of not less than 15 feet; provided, however, that any lot
that is created after July 1, 1999, shall have a side yard along each
lot line with a width of not less than 20 feet. In the case of corner
lots, both side yards shall not be less than 25 feet wide, except
that the Planning Board may adopt less restrictive side yard regulations
based on the build-to line along the street.
4-1.4.3.
Rear Yard. There shall be a rear yard with a depth of not less
than 30 feet; provided, however, that for any lot that is created
after July 1, 1999, there shall be a front yard along each street
line with a depth of not less than 40 feet.
4-1.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs
may project not more than two feet into a required yard. Belt courses,
window sills and other ornamental features may project not more than
six inches into a required yard. Paved terraces, steps and walks (other
than such as are needed for access to the buildings on the lot) shall
not project within 15 feet of a street line or four feet of a property
line.
4-1.4.5.
Location of Accessory Buildings on the Lot. In addition to complying
with all other provisions of this chapter, no accessory building shall
project nearer to the street on which the principal building fronts
than such principal building, except that, should topographic conditions
be such that practical difficulties would be caused by this requirement
with respect to the location of garages, the Zoning Board of Appeals
may authorize the erection of such garages within not less than 10
feet of the street line where the natural slope of the ground within
25 feet of such line is between 12% and 20% and within not less than
five feet of the street line where such slope within 25 feet of such
line exceeds 20%.
4-1.5.
Maximum Coverage. The sum of all areas covered by all principal and
accessory buildings shall not exceed 25% of the area of the lot.
4-1.6.
Floor Area Ratio. The FAR for the A-10 District is 0.4.
4-1.7.
Off-Street Parking Requirements. For each dwelling on any lot there
shall be provided on the lot not less than two spaces for the parking
or garaging of passenger automobiles. Such spaces shall be directly
accessible to a street.
4-2.1.
Use. In a Residence A-5 District, no building or premises shall be
used, and no building or part of a building shall be erected, which
is arranged, intended or designed to be used, in whole or in part,
for any purpose, except the following:
4-2.1.1.
Any use permitted in Residence A-10 Districts.
4-2.2.
Height. Except as provided in § 4-1.1.3 hereof, no building
shall be erected to a height in excess of 35 feet, nor shall the number
of stories at any point along the periphery of any building exceed
21h stories. Chimneys, flues, towers, bulkheads, spires and other
decorative features shall be exempt from the provisions of this paragraph,
provided that they occupy not more than 20% of the (area of the) roof
of the building of which they are a part.
4-2.3.
Lot Area and Width. The lot area shall be not less than 5,000 square
feet and the lot width not less than 50 feet, provided that the length
of the street line shall not be less than 80% of the lot width; provided,
however, that for any lot that is created after July 1, 1999, the
lot area shall be not less than 10,000 square feet and the lot width
not less than 80 feet, provided that the length of the street line
shall not be less than 80% of the lot width.
4-2.4.
Yards. Except as otherwise permitted or required, the following yards
shall be provided on each lot:
4-2.4.1.
Front Yard. There shall be a front yard along each street line
with a depth of not less than 25 feet; provided, however, that for
any lot that is created after July 1, 1999, there shall be a front
yard along each street line with a depth of not less than 35 feet.
4-2.4.2.
Side Yard. There shall be a side yard along each lot line with
a width of not less than nine feet; provided, however, that for any
lot that is created after July 1, 1999, there shall be a side yard
along each lot line with a width of not less than 20 feet. In the
case of corner lots, both side yards shall not be less than 25 feet
wide, except that the Planning Board may adopt less restrictive side
yard regulations based on the build-to-line along the street.
4-2.4.3.
Rear Yard. There shall be a rear yard with a depth of not less
than 25 feet; provided, however, that for any lot that is created
after July 1, 1999, there shall be a front yard along each street
line with a depth of not less than 35 feet.
4-2.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs
may project not more than two feet into a required yard. Belt courses,
window sills and other ornamental features may project not more than
six inches into a required yard. Paved terraces, steps and walks (other
than such as are needed for access to the buildings on the lot) shall
not project within 15 feet of a street line or four feet of a property
line.
4-2.4.5.
Location of Accessory Buildings on the Lot. In addition to complying
with all other provisions of this chapter, no accessory building shall
project nearer to the street on which the principal building fronts
than such principal building, except that, should topographic conditions
be such that practical difficulties would be caused by this requirement
with respect to the location of garages, the Zoning Board of Appeals
may authorize the erection of such garages within not less than 10
feet of the street line where the natural slope of the ground within
25 feet of such line is between 12% and 20% and within not less than
five feet of the street line where such slope within 25 feet of such
line exceeds 20%.
4-2.5.
Maximum Coverage. Except as provided in § 3-1.1.3 hereof,
the sum of all areas covered by all principal and accessory buildings
shall not exceed 40% of the area of the lot.
4-2.6.
Floor Area Ratio. The FAR for the A-5 District is 0.5.
4-2.7.
Off-Street Parking Requirements. For each dwelling on any lot there
shall be provided on the lot not less than two spaces for the parking
or garaging of passenger automobiles. Such spaces shall be directly
accessible to a street.
[L.L. No. 1-2005, § 1]
4-3.1.
Use. In a Residence B District, no building or premises shall be
used, and no building or part of a building shall be erected which
is arranged, intended or designed to be used, in whole or in part,
for any purpose, except the following:
4-3.1.1.
Any use permitted in Residence A-5 Districts.
4-3.1.2.
A dwelling for two families, not to exceed one such dwelling
on each lot.
4-3.1.3.
Accessory uses, as provided in § 4-1.1.4, except that:
(a)
An accessory private garage space for not more than three vehicles,
one of which may be a commercial vehicle of not more than three-quarter-ton
capacity, belonging to the owner or lessee of the property may be
maintained.
(b)
No living quarters or sleeping rooms shall be permitted in any
accessory building.
4-3.2.
Height. Except as provided in Paragraph 4-1.1.3 hereof, no building
shall be erected to a height in excess of 35 feet, nor shall the number
of stories at any point along the periphery of any building exceed
2 1/2 stories. Chimneys, flues, towers, bulkheads, spires and
other decorative features shall be exempt from the provisions of this
paragraph, provided that they occupy not more than 20% of the area
of the roof of the building of which they are a part.
4-3.3.
Lot Areas and Width. The lot area shall not be less than 5,000 gross
square feet and lot width not less than 50 feet for any one-family
dwelling and the lot area shall not be less than 7,500 gross square
feet and lot width not less than 80 feet for any two-family dwelling
for any and all lots created on or before July 1, 1999, provided that
the length of the street line shall not be less than 80% of the lot
width, and further provided, however, that for any lot created after
July 1, 1999, the lot area shall not be less than 10,000 gross square
feet and the lot width not less than 80 feet, provided that the length
of the street line shall not be less than 80% of the lot width.
4-3.4.
Yards. Except as otherwise permitted or required, the following yards
shall be provided on each lot:
4-3.4.1.
Front Yard. There shall be a front yard along each street line
with a depth of not less than 25 feet; provided, however, that for
any lot that is created after July 1, 1999, there shall be a front
yard along each street line with a depth of not less than 35 feet.
4-3.4.2.
Side Yard. There shall be a side yard along each lot line with
a width of not less than nine feet; provided, however, that for any
lot that is created after July 1, 1999, there shall be a side yard
along each lot line with a width of not less than 15 feet.
4-3.4.3.
Rear Yard. There shall be a rear yard with a depth of not less
than 25 feet; provided, however, that for any lot is created after
July 1, 1999, there shall be a front yard along each street line with
a depth of not less than 35 feet.
4-3.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs
may project not more than two feet into a required yard. Belt courses,
window sills and other ornamental features may project not more than
six inches into a required yard. Paved terraces, steps and walks (other
than such as are needed for access to the buildings on the lot) shall
not project within 15 feet of a street line or four feet of a property
line.
4-3.4.5.
Location of Accessory Buildings on the Lot. In addition to complying
with all other provisions of this chapter, no accessory building shall
project nearer to the street on which the principal building fronts
than such principal building, except that, should topographic conditions
be such that practical difficulties would be caused by this requirement
with respect to the location of garages, the Zoning Board of Appeals
may authorize the erection of such garages within not less than 10
feet of the street line where the natural slope of the ground within
25 feet of such line is between 1 2% and 20% and within not less than
five feet of the street line where such slope within 25 feet of such
line exceeds 20%.
4-3.4.6.
Buffer. There shall be a five-foot-wide landscaped buffer located
within the required side and rear yards where these yards abut a property
line. Such five-foot-wide buffer shall not contain impermeable or
impervious surfaces for parking or driveways and shall be maintained
as open space with natural materials such as grass, plants, and/or
shrubbery.
4-3.5.
Maximum Coverage. Except as provided in § 4-1.1.3 hereof,
the sum of all areas covered by all principal and accessory buildings
shall not exceed 40% of the area of the lot.
4-3.6.
Floor Area Ratio. The FAR for the Residence B District is 0.5.
4-3.7.
Off-Street Parking Requirements. For a two-family dwelling on any
lot there shall be provided and maintained on the lot not less than
four spaces for the parking or garaging of passenger vehicles. For
a one-family dwelling on any lot there shall be provided and maintained
on the lot not less than two spaces for the parking or garaging of
passenger vehicles. For one-family dwellings and two-family dwellings,
such spaces shall be directly accessible to a public street. Subject
to all provisions of this chapter, including but not limited to § 5-1.2,
tandem parking, i.e., the parking of one vehicle in back of another
or in front of or in back of a garaged parking space, may be permitted
by the Planning Board, provided that such tandem parking arrangement
shall be restricted in its use to residents of the dwelling unit for
which such tandem parking arrangement serves to satisfy the parking
requirement.
4-4.1.
Use. In an Apartment District, no building or premises shall be used,
and no building or part of a building shall be erected, which is arranged,
intended or designed to be used, in whole or in part, for any purpose,
except the following:
4-4.1.1.
Any use permitted in Residence B Districts.
4-4.1.2.
Apartment buildings for one-family residential use containing
at least seven dwelling units.
4-4.1.3.
Townhouses consisting of at least two and not more than 15 attached
one-family dwellings having a common roof and separated by party or
common walls.
4-4.1.4.
Senior citizen housing, provided that the living accommodations
are designed for persons 55 years of age or older.
4-4.1.5.
Accessory buildings and accessory uses.
4-4.1.5.1.
Accessory uses, as provided in § 4-1.1.4, for any
use permitted in Residence B Districts.
4-4.1.5.2.
Accessory uses for apartment buildings may include, in addition
to the accessory uses as provided in § 4-1.1.4(c) and (h)
and as prescribed by special permit in § 6-2.2, private
garages for passenger automobiles of residents of such housing, such
as but not limited to a parking structure which may not exceed 42
feet in height or the height of the apartment building to which it
is accessory, whichever height is less. In addition, an apartment
building containing at least three stories may include, on the ground
floor of such building, professional service, retail or office uses.
4-4.1.5.3.
Accessory uses for senior citizen housing may include, in addition
to the accessory uses as provided in § 4-1.1.4(c) and (h)
and as prescribed by special permit in § 6-2.2, private
garages for passenger automobiles of residents of such housing, such
as but not limited to a parking structure which may not exceed 42
feet in height or the height of the senior housing building to which
it is accessory, whichever height is less; passive open space, including
landscaped areas, paved walkways, plazas, fountains, terraces and
similar uses. In addition, senior citizen housing may include medical-related
facilities, such as but not limited to medical examining rooms; recreational
facilities; and personal service stores, such as but not limited to
barbershops, beauty parlors, convenience stores, laundries (where
no dry cleaning is conducted on the premises) and tailors (provided
that where steam pressure is used in clothes pressing the generating
apparatus shall not exceed five rated boiler horsepower); all of which
shall be restricted to use by residents and employees of and visitors
to residents of the senior citizen housing. Any such accessory uses
may not have an exterior street entrance, other than the entrance
to the senior citizen housing.
4-4.2.
Height and Stories. Except as provided below, no building shall be
erected to a height in excess of 42 feet, nor shall the number of
stories exceed three.
4-4.2.1.
An existing nonresidential building may be reused, converted
and/or rehabilitated for residential use as an apartment building
or for senior citizen housing, provided that the height and bulk of
such a building shall not be increased; and provided, further, that
such a building shall not exceed a height in excess of 100 feet, nor
shall the number of stories exceed six.
4-4.2.2.
Chimneys, flues, towers, bulkheads, spires and other decorative
features, and mechanical and heating, ventilation and air-conditioning
systems shall be exempt from the height requirements of this paragraph,
provided that they occupy not more than 20% of the area of the roof
of the building of which they are a part. All mechanical and heating,
ventilation and air-conditioning systems shall be screened from the
view of adjacent and abutting residential uses and the noise from
said systems shall be mitigated such that the noise levels with said
systems in operation are not perceptibly higher than the existing
noise levels.
4-4.3.
Lot Area and Depth. No lot shall have an area of less than 12,000
square feet, nor shall the land area provided for each dwelling unit
on the lot be less than 950 square feet (i.e., the maximum number
of dwelling units on one acre is 46). No lot shall have an average
depth of less than 100 feet.
4-4.4.
Yards. Except as otherwise permitted or required, the following yards
shall be provided on each lot:
4-4.4.1.
Front Yard. There shall be a front yard with a minimum depth
of 20 feet.
4-4.4.2.
Side Yard. There shall be a side yard with a minimum width equal
to 1/2 the height of the wall or walls of any building which face(s)
the side lot line, but in no case nearer than 12 feet to such lot
line, except for townhouses, where the side yard shall be a minimum
of 15 feet either for an individual townhouse or for a cluster of
attached townhouses.
4-4.4.3.
Rear Yard. There shall be a rear yard with a minimum depth of
30 feet, except that the rear yard for senior citizen housing shall
be a minimum depth of 15 feet.
4-4.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs
may project not more than two feet into a required yard. Belt courses,
window sills and other ornamental features may project not more than
six inches into a required yard. Garages so designed as to allow the
use of the roof thereof as part of the grounds may be erected in side
or rear yards, not nearer than four feet to any property line, provided
that the average height of such wall or walls thereof which face a
side lot line or a rear lot line is not in excess of six feet above
the average level of such lot line.
|
The side yard provision may be eliminated, but not reduced,
along any portion of a lot line where a building erected on an adjoining
lot is built to the lot line, provided that the second side yard shall
be increased to a minimum width of two times the width otherwise required.
|
4-4.5.
Usable Open Space. For every dwelling unit erected on any lot there
shall be provided at least 30 square feet of usable open space. Any
such open space shall be, at its narrowest point, at least 20 feet
in width.
|
Adjacent land located in a neighboring municipality or under
separate ownership may be used to satisfy this provision, provided
that such use is permitted by the zoning of the neighboring municipality
and, if required by such zoning code, the neighboring municipality
approves the use of such land as usable open space, and further provided
that the owner of the land files a declaration with the Clerk of the
County of Westchester, which declaration shall be approved by the
Village Board of Trustees, declaring that said land shall be dedicated
as open space for so long as the use or uses for which it provides
usable open space shall continue or shall require the provision of
such open space. Said declaration shall run with the land and be enforceable
by the Village of Tuckahoe.
|
4-4.6.
Maximum Coverage. Except as provided below, the sum of all areas
covered by all principal buildings shall not exceed 35% and by accessory
buildings shall not exceed 10% of the area of the lot, except that,
where the Zoning Board of Appeals finds that the provision of the
required off-street parking space underneath the principal building
or in such a way as to enable the roof thereof to be used as part
of the grounds would be impractical, such Board may authorize the
issuance of a special permit allowing accessory garages to cover an
additional 10% of the area of the lot. Garages designed to enable
the roof thereof to be used as part of the grounds shall be exempt
from any coverage limitations.
|
Notwithstanding the foregoing, for senior citizen housing, the
sum of all areas covered by all principal buildings shall not exceed
40% and by accessory buildings shall not exceed 10% of the area of
the lot, except that, where the Zoning Board of Appeals finds that
the provision of the required off-street parking space underneath
the principal building or in such a way as to enable the roof thereof
to be used as part of the grounds would be impractical, such Board
may authorize the issuance of a special permit allowing accessory
garages to cover an additional 10% of the area of the lot. Garages
designed to enable the roof thereof to be used as part of the grounds
shall be exempt from any coverage limitations.
|
4-4.7.
Floor Area Ratio. The FAR for the Apartment 3 District is 1.0.
4-4.8.
Length of Buildings. No building shall exceed a length of 160 feet,
except that for senior citizen housing and townhouses, no building
shall exceed a length of 220 feet.
4-4.9.
Distance Between Buildings. The following distances between buildings
shall be observed:
4-4.9.1.
Between a principal building, other than a one-family dwelling,
and a one-story accessory building: 12 feet.
4-4.9.2.
Between any two other buildings: a distance equal to the average
height of such buildings at the points where such buildings are nearest
one to the other.
4-4.9.3.
Any accessory parking structure which does not meet the requirements
of § 4-4.9.2 above must be contiguous to a principal building
on the property.
4-4.10.
Courts.
4-4.10.1.
Inner Courts. An inner court is permitted if the minimum dimensions
of such court are not less than 1/2 times the average height of all
surrounding walls in the case of nonresidential buildings and not
less than 1 1/2 times such height, but not less than 60 feet,
in the case of residential buildings. The height of walls surrounding
an inner court shall be measured from finished grades at the base
thereof to the top of such wall, except that, in the case of roofs
with a slope exceeding five inches vertical to 12 inches horizontal,
the height shall be measured to the mean point between the top of
said wall and the highest point of the roof.
4-4.10.2.
Outer Courts. The minimum width of an outer court shall be 20
feet and the depth thereof shall not exceed its width.
4-4.11.
Off-Street Parking Requirements.
The requirements of § 5-1.2 regarding off-street parking
shall be applicable to uses in this district, except that:
(1)
For senior citizen housing, automobile parking spaces shall
be provided on the lot containing such housing site as follows: not
less than one parking space for each independent dwelling unit; 0.3
of a parking space for each assisted or congregate care unit; and
for other types of units, the parking requirements shall be determined
by applying the ratio applicable to the type of unit most similar
to such other units. The Planning Board may modify this requirement
for senior citizen housing as a part of its review and approval of
the site plan of such development, provided that the off-street parking
required shall be adequate to provide for the parking of the vehicles
of all persons residing and employed on the site and all other persons
who may be expected to visit the site at any one time for any purpose,
such as guests.
[L.L. No. 5-2005, § 1; L.L. No. 1-2013, § 1]
4-5.1.
In a Business/Residential District, no building or premises shall
be used, and no building or part of a building shall be erected, which
is arranged, intended or designed to be used, in whole or in part,
for any purpose, except the following:
4-5.1.1.
Any use permitted in business districts.
4-5.1.2.
Apartments for one-family residential use at or above the second story by special permit in accordance with §§ 6-1 to 6-2.4, including any use described in § 4-1.1.4; provided, however, that the accessory uses described in § 4-1.1.4(a) and (b) shall only occupy or be carried on in not more than 30% of a residential apartment or dwelling unit; and further provided, however, that no dance instruction shall be permitted, and music instruction shall be limited to one pupil at a time.
4-5.2.
Any building or premises constructed or occupied exclusively for business use shall conform to the use and yard requirements set forth in § 4-6 of the Zoning Ordinance.
4-5.3.
Any building or premises used for both residential and for business
use shall conform to the following:
4-5.3.1.
Residential dwelling units shall be located only at or above the second story. There shall be a separate entrance from the street for the residential dwelling units. Residential dwelling units and permitted business uses shall not be located on the same story. Residential uses located at or above the second story shall only be permitted by special permit in accordance with §§ 6-1 to 6-2.4. In no case shall residential dwelling units be permitted on the ground floor, first floor or basement level.
4-5.3.2.
Except as provided in this subsection, no front, side or rear
yard is required. However, if any side or rear yard is provided, such
yard shall be at least six feet wide. A yard of not less than 10 feet
shall be provided along any lot line that borders on a residential
zone. Vehicles shall not be permitted to be parked or stored in any
such yard that borders on a residential zone unless a buffer of trees
or plants, as may be approved by the Planning Board, shall be provided.
4-5.3.3.
No building shall be erected to a height in excess of 42 feet
above the average grade of the street line at the front of the property.
The designation of "front' of the property shall be subject to the
approval of the Planning Board. The number of stories shall not exceed
three.
4-5.3.4.
Floor Area Ratio. The FAR for the Business/Residential District
is 1.0; however where land uses wholly within the Business/Residential
District are 50% or more residential, as measured by gross floor area,
the FAR shall be 1.2.
4-5.4.
The total parking requirements for the premises shall be the sum of the requirements for each of the premises as may be required by § 5-1 of the Zoning Ordinance; provided, however, that the Zoning Board of Appeals may approve the joint use of a designated number of parking spaces by two or more uses or establishments on the same lot, the total capacity of which spaces is less than the sum of the spaces required for each, provided that the Zoning Board of Appeals finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons, employees or residents.
4-5.5.
No provision of this chapter shall be construed to limit the authority of the Zoning or Planning Board in the exercise of the authority conferred upon them by the New York State Village Law, the Tuckahoe Village Ordinances or the Tuckahoe Zoning Ordinance, including but not limited to the authority of the Planning Board relating to site plan approval as set forth in § 7-1 of this Zoning Ordinance.
[L.L. No. 3-2002, § 6]
4-6.1.
In a Business District, no building or premises shall be used, and
no building or part of a building shall be erected, which is arranged,
intended or designed to be used, in whole or in part, for any purpose,
except those set forth below, provided that no such building or premises
shall have as its major object the catering or furnishing of services
to other than the residents of the locality:
(a)
Permitted Uses.
1.
Retail stores and banks.
2.
Personal service stores such as, but not limited to, barbershops,
beauty parlors and tailors, provided that, where steam pressure is
used in clothes pressing, the generating apparatus shall not exceed
five rated boiler horsepower.
3.
Business, professional or governmental offices.
4.
Service establishments furnishing services other than of a personal
nature, but excluding gasoline filling stations and motor vehicle
storage, repair or service.
5.
Theaters and restaurants, excluding amusement parks or galleries,
whether open or enclosed, or circuses.
6.
Laundry and cleaning establishments shall be permitted to operate
only between the hours of 6:00 a.m. and 10:00 p.m. and shall be further
limited as follows:
a.
The cleaning of wearing apparel or household effects using dry-cleaning
fluids, chemicals or combustible solvents is prohibited.
b.
Outlets and pickup stations for laundries and dry-cleaning establishments
where such cleaning is not performed on the premises are permitted.
c.
The washing of wearing apparel, household effects and shirts
on the premises is permitted only if soap, water and/or noncombustible
solvents are used, except that small quantities of combustible solvents
may be used for the incidental removal of spots.
d.
Laundries or laundromats shall only be permitted to be open
for business and operate when a manager or attendant is on the premises.
7.
Newspaper printing, including incidental job printing.
9.
Off-street parking lots and accessory garages.[2]
|
All permitted uses, other than off-street parking, whether principal
or accessory, shall be carried on in buildings fully enclosed on all
sides.
|
[2]
Editor's Note: Former Subsection (a)10, regarding hospitals,
hotels and places of worship, was repealed by L.L. No. 3-2002, § 5.
(b)
Special Permit Uses.
1.
Funeral parlors.
2.
Family care or group care facilities.
3.
Day-care facilities.
4.
Sports and health clubs.
5.
Manufacturing assembling, converting, altering, finishing, cleaning
or processing of products where goods so produced or processed are
to be sold on the premises; provided that:
a.
An area fully concealed from any street shall be so used.
b.
Power not exceeding a total of five rated horsepower shall be
used exclusively, unless the Board of Trustees finds that the use
of an installation of over five horsepower will have no adverse effect
on neighboring uses.
c.
Except as specified below, not more than five persons are engaged
in such production or processing.
6.
Off-street parking lots and accessory garages.
7.
Hospitals and hotels.
8.
Schools.
9.
Places of worship.
(c)
Prohibited Uses. Any use not specifically permitted in § 4-6.1(a)
and any use which is noxious or offensive by reason of emission of
odor, dust, noise, smoke, gas, fumes or radiation or which presents
a hazard to public health or safety is prohibited.
4-6.2.
Intensity of Use. No building shall be erected or enlarged in which
the floor area shall exceed 1.6 times the area of the lot on which
such building stands.
4-6.3.
Yards. No front, side or rear yard is required, but, if any side
or rear yard is provided, such yard shall be at least six feet wide.
4-6.4.
Height. Except as provided hereinafter, no part of any building shall
be erected to a height greater than three stories and basement, nor
shall such height exceed 42 feet above the curb level. Where a lot
has frontage on two or more streets or other public ways, the height
limitation shall apply only as measured from the curb level along
the street or way with a higher elevation above sea level.
|
When penthouses, bulkheads, etc., are over 12 feet high and
cover more than 20% of the roof area, measurements must be taken to
the top of such penthouses or bulkheads. All penthouses, bulkheads,
etc., must be 10 feet back of the front and rear walls of a building
and three feet back of the side walls, except that walls of elevators
and stair enclosures may be built on the side wall when required by
the plan of the building.
|
4-6.5.
Floor Area Ratio. The FAR for the Business District is 1.6.
4-7.1.
Within any Industry District, no building or land shall hereafter
be used for any purpose other than any of the following uses, or any
combination thereof, that will satisfy the performance standards that
are set forth immediately following the list of said uses:
(a)
Permitted Uses.
1.
Offices for executive, administrative or clerical purposes.
2.
Scientific or research laboratories.
3.
Manufacturing, including the fabrication and assembly of products,
and incidental storage, sale and distribution of such products, but
excluding heavy industrial processing where products are extracted
from raw materials.
4.
Warehouse and storage facility enclosed within a building.
4-7.2.
Performance Standards. No use shall be established, maintained or
conducted so that the same will cause any:
(a)
Dissemination of smoke, gas, dust, odor or any other atmospheric
pollutant outside the building in which the use is conducted or, with
respect to a use or any part thereof that is not conducted within
a completely enclosed building, any such dissemination whatsoever.
(c)
Discharge of any waste material whatsoever into any watercourse.
(d)
Dissemination of glare or vibration beyond the immediate site of
the use.
(e)
Traffic on any street primarily serving residential districts that
is incongruous with the traffic normal to such streets.
(f)
Physical hazard, by reason of fire, explosion, radiation or similar
cause, to property in the same or an adjacent district.
4-7.3.
Additional Uses. The following uses may be established and maintained:
(a)
Quarters for caretakers or watchmen on the site of the use to which
the same are appurtenant.
(b)
Facilities for the furnishing of meals and the sale of refreshments
and personal convenience items solely to the employees of uses in
a particular development and guests of the management thereof, provided
that such facilities shall be located completely within a building.
4-7.4.
Uses Prohibited. All other uses are hereby prohibited. It is the
intent of this chapter to exclude all residential and all business
uses, other than as specified above, as being inappropriate therein
and in conflict with the purposes of this chapter and to confine the
uses therein to those that are specifically listed in this subsection
as being permitted therein.
|
With respect to any application for a building permit or a certificate
of occupancy, the Building Inspector may require such evidence as
he may deem to be necessary to determine whether or not the proposed
use will reasonably conform to the performance standards set forth
above in this subsection and with the site plan approved in accordance
with the provisions of § 4-7.8. If the Building Inspector
is in doubt, he shall refer the matter to the Planning Board, which
shall make a determination in the case, in connection with which it
may obtain expert advice, at the expense of the applicant, and payment
in advance of the amount of such expense shall be a condition of further
consideration of the application.
|
4-7.5.
Height; Open Space. The following regulations shall apply:
(a)
Except in the case of extensions to existing buildings, no building
shall exceed a height of three stories or 50 feet.
(b)
All the buildings on a site, as shown on the site plan thereof, as
provided in § 4-7.8, shall not cover an aggregate area of
more than 70% of the area of such site.
(c)
The Floor Area Ratio (FAR) for the Industry District is 1.0.
(d)
All buildings shall be located at an average distance of not less
than 20 feet, and at no point less than 10 feet, from any boundary
of the site on which the same are situated, provided that no building
shall be located at a distance of less than 100 feet from the boundary
of any residential district established by this chapter. The distance
of 100 feet from a residence district may be reduced to 50 feet, by
the Planning Board, if the Board finds that such a reduction is environmentally
appropriate and is consistent with neighborhood character. The provisions
of this section shall not apply to industrial sites which are completely
separated from other district boundaries by streets, rivers and main
tracts of railroads.
(e)
On the site of any development that is contiguous to the outside
boundary of the district, there shall be provided a belt of landscaping
having a width of not less than six feet. On the site of any development
that is contiguous to the boundary of any residential district established
by this chapter there shall be provided a belt of landscaping along
such boundary, having a width of not less than 20 feet. Such belt
shall be planted and maintained in accordance with requirements made
as a part of the action by the Planning Board on a site plan as provided
in § 4-7.8 of this chapter, and in conformity with any specifications
as to such landscaping that may be adopted by the Planning Board,
with approval by the Village Board. The provisions of this section
shall not apply to industrial sites which are completely separated
from other district boundaries by streets, rivers and main tracts
of railroads.
(f)
Every use, or any part thereof, that is not conducted within a building
completely enclosed on all sides shall be completely enclosed within
a wall or fence of such material, construction and height as to screen
completely all operations conducted within such wall or fence from
observation from outside thereof. The requirements as to such wall
or fence, supplemented by such landscaping as may be necessary to
accomplish any of the purposes of this chapter shall be specified
by the Planning Board as a part of its action on the site plan of
the use, as provided in § 4-7.8 of this chapter.
4-7.6.
Automobile Parking Space. Automobile parking space shall be provided on the site of any development in an amount determined by the Planning Board, as a part of its action on the site plan of this development, as provided in § 4-7 of this chapter, to be adequate to provide for the parking of the vehicles of all persons employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, whether as customers, purveyors, official visitors, guests or otherwise. In making such determination, the Planning Board may take into account the likelihood of multiple use of the parking space in connection with other uses on the site.
4-7.8.
Site Plan Approval. In any development established (after the effective
date hereof), the location of main and accessory buildings on the
site and in relation to one another, the traffic circulation features
within the site, the height and bulk of buildings, the provision of
off-street parking space, the provision of other open space on the
site, the display of signs, and the provision of fences, walls and
landscaping shall, in addition to conforming to any and all regulations
pertaining thereto that are specifically set forth in this chapter,
be in accordance with a site plan or plans or subsequent amendment
thereof. The parking space provisions, landscaping, fences and walls
included in any site plan approved by the Planning Board shall be
provided and maintained as a condition of the establishment and maintenance
of any use to which they are appurtenant. In considering any site
plan hereunder, the Planning Board shall endeavor to assure safety
and convenience of traffic movement, both within the limits of the
site and in relation to access streets, harmonious and beneficial
relation among the buildings and uses on the site, and satisfactory
and harmonious relation between the site and contiguous land and buildings
and adjacent neighborhoods, all in furtherance of the purposes of
this chapter.
4-7.9.
Enforcement and Guaranties. No building permit or certificate of
occupancy shall be issued for any building or use except in accordance
with a site plan approved as provided in § 4-7.8. The purpose
of requiring such approval is to safeguard the purposes of this chapter
and the developmental policy set forth in Article I and to protect
the general welfare of the Village and the values of property therein
against the detrimental effects of possible failure actually to complete
a development in any such district as contemplated in the rezoning
of land therefor and the leaving of the same in an unfinished and
unsatisfactory condition. To these ends, the Planning Board shall
require such guaranties or conditions as it may deem to be necessary
in order to assure that such development will actually take place
and will proceed to completion.
[L.L. No. 10-2009, § 1]
4-8.1.
Within any General Commercial District, no building or land shall
hereafter be used for any purpose other than any of the following
uses, or any combination thereof, that will satisfy the performance
standards that are set forth immediately following the list of said
uses:
(b)
Special Permit Uses.
1.
Motor vehicle filling stations or motor vehicle repair/body shops.
2.
Outdoor storage. In case of temporary outdoor storage for a duration
less than 90 days, permission may be granted by the Village Building
Department.
3.
Manufacturing, including the fabrication and assembly of products,
and incidental storage, sale and distribution of such products, but
excluding heavy industrial processing where products are extracted
from raw materials.
4-8.2.
Performance Standards for Special Permit Uses. No use listed in § 4-8.1(b)(1),
(2) or (3) shall be established, maintained or conducted so that the
same will cause any:
(a)
Dissemination of smoke, gas, dust, odor or any other atmospheric
pollutant outside the building in which the use is conducted or, with
respect to a use or any part thereof that is not conducted within
a completely enclosed building, any such dissemination whatsoever.
(c)
Discharge of any waste material whatsoever into any watercourse.
(d)
Dissemination of glare or vibration beyond the immediate site of
the use.
(e)
Traffic on any street primarily serving residential districts that
is incongruous with the traffic normal to such streets.
(f)
Physical hazard, by reason of fire, explosion, radiation or similar
cause, to property in the same or an adjacent district.
4-8.3.
Accessory Uses. The following uses may be established and maintained
so long as they are incidental and subordinate to a principal or special
permit use:
(a)
Within a hotel, a public dining area or restaurant, recreation space,
a lounge, a pool or a meeting room or meeting rooms.
(b)
Quarters for caretakers or watchmen on the site of the use to which
the same are appurtenant.
(c)
Satellite earth station or dish antenna less than 24 inches in diameter.
(e)
Fences and walls.
(f)
Garages or parking structures.
4-8.4.
Uses Prohibited. All other uses are hereby prohibited. It is the
intent of this chapter to exclude all residential uses as being inappropriate
therein and in conflict with the purposes of this chapter and to confine
the uses therein to those that are specifically listed in this section
as being permitted therein.
|
With respect to any application for a building permit or a certificate
of occupancy, the Building Inspector may require such evidence as
he may deem to be necessary to determine whether or not the proposed
use will reasonably conform to the performance standards set forth
above in this section and with the site plan approved in accordance
with the provisions of § 4-8.8. If the Building Inspector
is in doubt, he shall refer the matter to the Planning Board, which
shall make a determination in the case, in connection with which it
may obtain expert advice, at the expense of the applicant, and payment
in advance of the amount of such expense shall be a condition of further
consideration of the application.
|
4-8.5.
Height; Open Space. The following regulations shall apply:
(a)
No building shall exceed a height of 50 feet. Notwithstanding the
foregoing sentence, subject to Planning Board approval, buildings
satisfying the environmental standards set forth in § 4-8.5(g)
may be built to a height as set forth in said § 4-8.5(g).
(b)
All the buildings on a site, as shown on the site plan thereof, as
provided in § 4-8.8. shall not cover an aggregate area of
more than 70% of the area of such site. Additionally, at least 15%
of the site must be in open space that is landscaped, permeable and
open to the air.
(c)
The floor area ratio for the General Commercial District is 1.6.
Notwithstanding the foregoing sentence, subject to Planning Board
approval, buildings satisfying the environmental standards set forth
in § 4-8.5(g) shall have a floor area ratio that does not
exceed the floor area ratio set forth in said § 4-8.5(g).
(d)
Front Yard. There shall be a front yard along each street line with
a depth of not less than 10 feet. The front yard shall be measured
from the curbline, and the sidewalk, if any, shall be included in
such computation and measurement. For a building above 40 feet in
height, such building shall be set back an additional 10 feet.
|
Side Yard. All buildings shall be located at no point less than
10 feet from any side boundary of the site on which the same are situated,
provided that no building shall be located at a distance of less than
50 feet from the boundary of any residential district established
by this chapter. The provisions of this section shall not apply to
sites which are completely separated from other district boundaries
by streets, rivers and main tracts of railroads.
| |
|
Rear Yard. All buildings shall be located at no point less than
20 feet from any rear boundary of the site on which the same are situated,
provided that no building shall be located at a distance of less than
50 feet from the boundary of any residential district established
by this chapter. The provisions of this section shall not apply to
sites which are completely separated from other district boundaries
by streets, rivers and main tracts of railroads.
|
(e)
On the site of any development that is contiguous to the outside
boundary of the district, there shall be provided a belt of landscaping
having a width of not less than six feet. On the site of any development
that is contiguous to the boundary of any residential district there
shall be provided a belt of landscaping along such boundary having
a width of not less than 20 feet. Landscape belts shall be included
in a comprehensive landscape plan for review and approval by the Planning
Board and subject to the review of an outside licensed landscape architect.
Landscape belts shall include a variety of deciduous and evergreen
trees, small flowering trees with a minimum diameter at breast height
of three inches and deciduous and evergreen shrubs. All species shall
be noninvasive. Such belt shall be planted and maintained in accordance
with requirements made as a part of the action by the Planning Board
on a site plan as provided in § 4-8.8 of this chapter, and
in conformity with any specifications as to such landscaping that
may be adopted by the Planning Board, with approval by the Village
Board. The provisions of this section shall not apply to sites which
are completely separated from other district boundaries by streets,
rivers and main tracts of railroads.
(f)
Every use, or any part thereof, that is not conducted within a building
completely enclosed on all sides shall be completely enclosed within
a wall or fence of such material, construction and height as to screen
completely all operations conducted within such wall or fence from
observation from outside thereof. The requirements as to such wall
or fence, supplemented by such landscaping as may be necessary to
accomplish any of the purposes of this chapter, shall be specified
by the Planning Board as a part of its action on the site plan of
the use, as provided in § 4-8.8 of this chapter.
(g)
Environmental Standards Bonus.
1.
Conditions for Bonus. At the discretion of the Planning Board, a
density bonus may be granted to an applicant under the following conditions:
i.
If the applicant demonstrates to the Planning Board's satisfaction
that the proposed structure and/or use shall comply with at least
half the standards listed below in Subsection (g)2, in any combination,
then the Planning Board may award either or both a density and a height
bonus.
ii.
If the applicant demonstrates to the Planning Board's satisfaction
that the proposed structure and/or use shall comply with all the standards
listed below in Subsection (g)2, then the Planning Board may award
either or both a density and a height bonus.
2.
Environmental Standards. The following items are actions, materials,
or programs that an applicant in the General Commercial District may
adopt either to mitigate potentially adverse environmental impacts
or to improve the subject site's environment.
i.
Green Building Design. "Green building design" is the practice
of increasing the efficiency with which buildings use energy, water,
and material resources while reducing building impacts on human health
and the environment during the building's life cycle.
(1)
Generally, the applicant shall demonstrate to the Planning Board
that green (sustainable) design measures will be used. Some measures
are:
a)
Site planning: e.g., responsiveness to climate features
such as sun and wind, microclimate management, solar orientation (long
axis facing south); landscaping for summer cooling effect and for
blocking winter winds; parking areas designed to limit heat absorption.
b)
Efficient water use: e.g., use of water conservation
measures, including dual water systems if available, water recycling.
c)
Efficient energy, materials and resources use: e.g.,
use of daylighting; use of appropriate glass for minimizing heating
and cooling loads, use of building materials in construction and maintenance
of site features, use of materials in environmentally sound ways,
such as Energy Star® products and certified lumber, use of insulation
beyond minimum standards, use of renewable energy for heating and
cooling, use of energy-efficient motors, use of energy-efficient lighting,
use of energy management systems.
(2)
Specifically, one set of criteria for green building design
is known as "LEED"® and is promulgated by the U.S. Green Building
Council (USGBC). LEED® (Leadership in Energy and Environmental
Design) is a certification program aimed at design and construction
practices. LEED® provides technical and criteria-based standards
for environmentally sustainable design, construction and operation.
The program includes a building rating system for new construction
for use by designers, builders, developers, and building owners.
(3)
To qualify for a bonus, the applicant shall demonstrate green
building design, whether LEED® -compliant or the equivalent, before
the certificate of occupancy is granted.
ii.
Stormwater Management. To qualify for a bonus, the applicant
shall demonstrate that the stormwater management program includes,
among other components, the following permanent components:
iii.
Pollution. To qualify for a bonus, the applicant shall demonstrate
that:
(1)
Light pollution. No outdoor light generated on
the site shall spill over the property line.
(2)
Noise pollution. Mechanical noise emitted from
roof-mounted equipment shall not be perceptible beyond the property
line. Mechanical equipment shall not be allowed on green roofs. [See
Subsection (g)2ii(1) above.]
4-8.6.
Automobile Parking Spaces. Automobile parking spaces shall be provided
on the site of any development in an amount determined by the Planning
Board, as a part of its action on the site plan of this development
as provided in § 4-8.8 of this chapter, to be adequate to
provide for the parking of the vehicles of all persons employed on
the site and all other persons who may be expected to visit the site
at any one time for any purpose, whether as customers, purveyors,
official visitors, guests or otherwise. In making such determination,
the Planning Board may take into account the likelihood of multiple
use of the parking space in connection with other uses on the site.
4-8.7.
(Reserved)
4-8.8.
Site Plan Approval. In any development established (after the effective
date hereof), the location of main and accessory buildings on the
site and in relation to one another, the traffic circulation features
within the site, the height and bulk of buildings, the provision of
off-street parking space, the provision of other open space on the
site landscaped buffer, the display of signs, and the provision of
fences, walls and landscaping shall, in addition to conforming to
any and all regulations pertaining thereto that are specifically set
forth in this chapter, be in accordance with a site plan or plans
or subsequent amendment thereof approved by the Planning Board. The
parking space provisions, landscaping, fences and walls included in
any site plan approved by the Planning Board shall be provided and
maintained as a condition of the establishment and maintenance of
any use to which they are appurtenant. In considering any site plan
hereunder, the Planning Board shall endeavor to assure safety and
convenience of traffic movement, both within the limits of the site
and in relation to access streets, harmonious and beneficial relation
among the buildings and uses on the site, and satisfactory and harmonious
relation between the site and contiguous land and buildings and adjacent
neighborhoods, all in furtherance of the purposes of this chapter.
4-8.9.
Enforcement and Guaranties. No building permit or certificate of
occupancy shall be issued for any building or use except in accordance
with a site plan approved as provided in § 4-8.8. The purpose
of requiring such approval is to safeguard the purposes of this chapter
and the developmental policy set forth herein and to protect the general
welfare of the Village and the values of the property therein against
the detrimental effects of possible failure actually to complete a
development in any such district as contemplated in the rezoning of
land therefor and the leaving of the same in an unfinished and unsatisfactory
condition. To these ends, the Planning Board shall require such guaranties
or conditions as it may deem to be necessary in order to assure that
such development will actually take place and will proceed to completion.
