B.
Introduction. An overlay zone is a mapped district
superimposed on one or more established zoning districts which may
be used to impose supplemental restrictions on uses in these districts,
permit uses otherwise disallowed, or implement some form of density
bonus or incentive bonus program. The underlying zone persists with
the overlay procedures imposed as supplemental regulations. Overlay
zones are distinct from floating zones because of several features,
the most significant of which is that overlay zones are mapped, and
floating zones are not mapped.
See § 331-28E(1).
A.
Purpose. The Single-Family Senior Citizen (SFSC) Overlay District is hereby established as an overlay zone with potential applicability to any property that meets the minimum eligibility requirements as set forth in Subsection C. The intent of this district is to facilitate development of homes that are specifically designed to meet the needs of senior citizens who prefer the single-family type home and single-family form of ownership, but require certain facilities and amenities to meet their changing physical and social needs, allow flexibility in design and promote preservation of open space.
B.
The boundaries of each SFSC Overlay District shall
be fixed by amendment to the official City Zoning Map wherever mapping
of this District is approved. A metes and bounds description of each
such district shall be filed with the office of the City Clerk.
C.
Eligibility. The following are the minimum eligibility
requirements for establishing any property for SFSC zoning:
(1)
The minimum parcel size shall be five contiguous acres.
D.
Development standards.
(1)
Permitted principal uses.
(a)
One-family detached dwellings as permitted and
regulated in the underlying zoning district.
(2)
Permitted accessory uses.
(a)
Uses and structures which are clearly incidental
and customary to the permitted principal use on the lot on which it
is located.
(b)
Indoor and outdoor recreation facilities, clubhouses,
a community swimming pool, and off-street parking. The use of any
recreation facility and/or clubhouse shall be limited to the residents
of the dwellings and their nonpaying guests.
E.
Design features. The housing in an SFSC District shall
be specifically designed to meet the needs of senior citizens who
can generally live independently without medical care typically provided
in a nursing home or assisted living facility. The following types
of facilities and amenities shall be provided in a single-family senior
citizen development:
(1)
The main exterior access to each home shall be provided
without steps.
(2)
Each home shall be built primarily for first floor
living, with a master bedroom and wheelchair accessible bathroom provided
on that floor. If a proposed home has a two-story design, the second
story and basement shall be adaptable for construction of an elevator,
by providing framing for an elevator shaft. The space may be used
for a closet until the elevator is installed. If a proposed home has
a one-story design, it shall be adaptable for future installation
of an elevator or lift to the basement.
(3)
Homes shall be further built to meet seniors' daily
accessibility requirements with doorways sufficiently wide to accommodate
a wheelchair. At least one bathroom and the kitchen shall be appropriately
designed to enable wheelchair turning in a single turn. The bathroom
and kitchen shall be made adaptable in accordance with CABO/ANSI standards
in force at the time of construction.
(5)
Due consideration shall be given in planning walks,
ramps and driveways to prevent slipping or stumbling; handrails and
ample places for rest shall be strategically provided.
(6)
Appearance and design of one-family dwellings. All
proposed homes within the development shall be architecturally related
in exterior appearance to neighboring buildings then in existence
or for which a building permit has been issued. The building shall
be architecturally related to neighboring buildings as to color, texture,
scale, and materials. The Planning Board shall review and approve
the appearance and design of one-family dwellings within the SFSC
District at the time of subdivision review.
F.
Standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be modified by the Planning Board as provided for under § 37 of the New York General City Law, where such is determined appropriate based upon consideration of particular circumstances of the individual application to satisfy the purposes and intent as set forth in Subsection A:
(2)
Minimum dimensional requirements.
(a)
The minimum lot area per dwelling unit may be
the average overall lot area per dwelling unit of the entire development
as regulated in the underlying zoning district.
(b)
Minimum open space requirements. The SFSC development
shall include an area or areas for outdoor recreational purposes exclusively
for the use of the residents and their guests. Such areas may be designated
for passive or active uses, and shall contain a minimum of 300 square
feet per dwelling unit. Lawn areas or gardens for individual homes,
driveways and parking areas shall not be deemed to satisfy the requirements
of this section. In addition, a minimum of 20 square feet per dwelling
unit of indoor recreational area may be required by the Planning Board.
Such area shall not be used for storage or any such similar purpose
and shall be available to all residents and their guests.
[Amended 5-21-2003 by Ord. No. 106-2003]
(c)
The minimum yard setbacks from all perimeter
lot lines shall be 30 feet.
(d)
Minimum parking. Not less than one, nor more
than two spaces in a completely enclosed garage per dwelling unit
shall be provided.
[Amended 7-16-2002 by Ord. No. 139-2002]
(e)
The minimum floor area per dwelling unit for
a one-story dwelling shall be 1,800 square feet and for a two-story
dwelling shall be 2,000 square feet.
(3)
Other development standards.
(a)
Adequate facilities shall be provided for the
removal of snow, trash and garbage and for the general maintenance
of the development.
(b)
Artificial lighting of the grounds of the entire
SFSC development shall provide illumination sufficient for the convenience
and safety of residents (two footcandles at pavement level).
(c)
All privately owned land on private lots, and
common lands and facilities within the SFSC District shall be maintained
by the property owners' association. Any changes or improvements to
structures or lands within the SFSC District shall be approved by
the property owners' association.
G.
Review and approval process. Approval of a development
within a SFSC District shall consist of the following process:
(1)
Application for overlay of the SFSC Zone on a residential
zoning district by the City Council.
(2)
Review and recommendation of proposed zoning by the
Planning Board. Where modification of yard requirements (clustering)
is proposed, review shall consider both the uses of the cluster techniques
and the senior citizen zoning.
(3)
Approval by the City Council, following a public hearing
and compliance with environmental review requirements.
(4)
Application and approval of a subdivision by the Planning
Board.
(5)
The applicant may request a change in the underlying
zoning district concurrently with the request for mapping the SFSC
District on a given parcel.
(6)
The application for the mapping of a SFSC District
shall include the following:
(a)
An outline map of the proposed SFSC District
boundary, indicating the current and/or proposed zoning, parcel size
and location.
(b)
A map of the site in relation to the surrounding
area, showing all roads and neighboring land uses and existing zoning
district boundaries.
(c)
A written statement describing the basic concept
of the proposed SFSC plan, the general reasons why the applicant believes
that approval of its application would further the legislative intent
and purposes of SFSC zoning, and any other supporting rational or
documentation.
(d)
A subdivision sketch plan map showing the lot
layout, road access, parking, community facilities, open space system,
water supply, stormwater management, and wastewater disposal. Said
plan shall be prepared on a topographic base map showing existing
contours and elevations at two-foot intervals.
(e)
A phasing plan indicating the proposed construction
sequence for all proposed common facilities, such as clubhouses, recreation
areas and off-street parking lots.
(f)
Preliminary building designs, such as floor
plans, elevations, and sketches.
(7)
The City Council shall refer all applications for
SFSC mapping and possible use of clustering techniques to the Planning
Board for review and recommendation. Said review and recommendation
shall be completed within a period of 60 days from the date of referral
from the City Council.
(8)
If the SFSC request is approved by the City Council,
a subdivision plan shall be submitted to the Planning Board for detailed
review in accordance with its applicable procedures for the review
of subdivision plans. Such plan shall be approved by the Planning
Board prior to the issuance of building permits.
[Added 9-17-2014 by Ord. No. 124-2014]
A.
Purpose. The Cabaret Overlay Zone is hereby established to improve
the function, aesthetics and manageability of this particular land
use and to provide the City of New Rochelle with a better method of
control and enforcement. The Cabaret Overlay Zone encourages accessory
cabaret uses in specific designated areas of the City that are more
urban and commercialized and are more appropriate locations for this
use while limiting the expansions of such uses to more residential
neighborhoods. This overlay zone will limit cabarets to the major
commercialized areas and the arterial routes through the City.
C.
Standards.
(1)
Any new cabaret use in the overlay zone shall be required to apply for a cabaret special permit from the City Council as stipulated in § 331-113.2.
(2)
Any cabaret use in the overlay zone that abuts a residential district
shall have to provide a thirty-foot setback from the property line
that abuts such use.
(3)
Any cabaret use in the overlay zone shall show a viable valet parking plan in accordance with § 331-128D and all applicable subsections at the time of site plan approval.
(5)
Cabaret uses shall not be allowed where the underlying zoning is
residential.
[Added 10-18-2017 by Ord.
No. 203-2017]
[1]
Editor's Note: Former Subsection E(2), regarding the CDD Commercial
Design District, was repealed 10-20-2009 by Ord. No. 199-2009.
[Amended 5-21-2003 by Ord. No. 106-2003; 12-14-2004 by Ord. No.
293-2004; 1-18-2005 by Ord. No. 21-2005; 12-8-2009 by Ord. No.
238-2009]
A.
Purpose. The purpose of the Water View Overlay Zone is to minimize
the impact of development on water views enjoyed by the public on
adjacent rights-of-way and by adjacent and upland property owners,
including winter water views. The Water View Overlay Zone imposes
dimensional requirements that may be more restrictive than the underlying
zoning on sites where water views, including winter water views, are
enjoyed by the public on adjacent rights-of-way and by adjacent and
upland property owners.
B.
Applicability. Any building permit application to construct a new building; to replace or to expand an existing building; to construct any accessory building; to construct any accessory structure or add equipment onto the roof of a building or structure in the mapped Water View Overlay Zone shall require the prior granting of a special permit by the Planning Board, pursuant to the special permit procedures and standards set forth in §§ 331-88 and 331-89 of this chapter and submission of the proof required under this section, except that the following shall not require the granting of a special permit:
[Amended 6-19-2018 by Ord. No. 2018-121]
(1)
Replacement of a portion or all of an existing building within its
existing footprint, exclusive of any unenclosed porches, decks and
terraces, as permitted by the underlying zoning, provided none of
such replacement creates a height of building in excess of the building's
highest roof ridgeline.
(2)
Expansion or replacement of an existing building toward a side lot
line, including a side lot line along a street, as permitted by the
underlying zoning, which construction does not extend closer to such
side lot line than the nearest point of the existing building to such
side lot line, provided none of such construction creates a height
of building in excess of the building's existing roof ridgeline.
(3)
Expansion or replacement of an existing building toward a front or
rear lot line, as permitted by the underlying zoning, provided none
of such construction creates a height of building in excess of the
building's existing roof ridgeline. For buildings or structures with
flat roofs, building height shall be taken from the top of the rafters
of the flat roof or roofs. This exception shall not apply to front
or rear yards that are not oriented perpendicular to the water where
an improvement would obstruct an otherwise unobstructed view of the
water.
[Amended 12-13-2018 by Ord. No. 2018-245]
(4)
Construction alongside an existing building of an unscreened patio
or deck no higher than three feet in height above the existing underlying
ground level.
(5)
Construction on an existing or proposed building of an open rooftop
deck with Open Railings or illuminated posts no higher than 3 1/2
feet in height above such deck, provided the surface of the deck does
not create a height of building in excess of six inches above the
building's existing roof ridgeline. No vegetation, barbeques or other
cooking equipment shall be allowed on any such open rooftop deck.
(6)
New vegetation planted and maintained so as not to exceed a maximum
height of four feet, unless a water view would otherwise be obstructed
by other waterside structures on site, in which case said vegetation
shall not exceed the height of the other waterside structure.
[Amended 12-13-2018 by Ord. No. 2018-245]
(7)
New fencing that does not exceed a maximum height of four feet.
C.
Procedures, standards, and proof for special permit.
(1)
An applicant for a special permit required under this section shall submit proof to the Planning Board that the construction of a new building or replacement or expansion of an existing building on the site shall not block any significant existing water views, including winter water views, enjoyed by the public on adjacent rights-of-way and/or by adjacent and/or upland property owners, if such views are commonly and frequently enjoyed and easily accessible, including winter water views or if the loss of such view would negatively affect property values. This proof shall include, without limitation, visual demonstration on the applicant's property which identifies the height of the proposed construction or proposed planting. If the Planning Board determines that the special permit procedures and/or standards set forth in §§ 331-88 and 331-89 of this chapter have not been met and/or if the Planning Board determines that any significant existing water views, if such views are commonly and frequently enjoyed and easily accessible, enjoyed by the public on adjacent rights-of-way and/or by adjacent and/or upland property owners, including winter water views, are blocked, the special permit shall be denied.
(2)
Insofar as the protection of winter water views is also required,
application for special permit approval shall be made at a time when
the applicant can demonstrate that winter water views, due to the
lack of leaves on deciduous trees and which are enjoyed by the public
or private property owners, are not being significantly blocked.
(3)
If petitioned by the applicant, the Planning Board is authorized
to grant a waiver to expand an existing building by a maximum distance
of five feet beyond the front or rear lot setback line currently required
by the underlying zoning district, if the Planning Board determines,
after Special Permit public hearing, that such waiver will not significantly
block any existing water views.
D.
Additional regulations. Prior to the issuance of a permit for demolition
of an existing building or a portion thereof or for any alteration
of the existing roof, the applicant shall submit a recent survey conduct
by a licensed surveyor or engineer in order to establish the height
of the existing roof ridgeline.
See § 331-28E(4).
A.
Purpose. The Senior Citizen Zone (SC) District is hereby established
as an overlay zone with potential applicability to any property with
underlying single-family, two-family and/or multifamily residence
zones of maximum height of three stories of at least five contiguous
acres in the City of New Rochelle. These provisions are enacted to
provide for proper multifamily housing of the City's senior citizens.
It is hereby recognized that the City has a high proportion of senior
citizens, and, given present economic conditions, limited or fixed
incomes, physical restrictions and the rapidly accelerating costs
of maintaining a single-family residence, the City Council deems it
necessary to provide for senior citizen multifamily housing within
the City.
[Amended 1-17-2017 by Ord. No. 16-2017]
B.
The boundaries of each SC District shall be fixed by amendment to
the Official City Zoning Map wherever this District is applied. A
metes and bounds description of each such District shall be kept on
file in the Office of the City Clerk. Although it is anticipated that
SC rezoning applications will be submitted on a voluntary basis by
applicants, the City Council may, on its own motion, rezone property
into an SC District. Although this District is intended for sites
of at least five acres, the City Council may consider applications
for smaller properties and the Council reserves the authority to grant
relief from applicable bulk zoning standards if special circumstances
warrant, said circumstances to be provided by the applicant or the
City Council.
[Amended 1-17-2017 by Ord. No. 16-2017]
C.
Occupancy restrictions. The SC Zone is primarily designed
for the needs of senior citizens who prefer multifamily or the type
of occupancy that requires certain facilities and amenities to meet
their changing physical and fiscal needs, allow flexibility in design
and, as defined in this chapter, promote preservation of open space.
D.
SC District use and bulk standards.
(4)
Density. Maximum density shall be 40 dwelling units
per acre with a maximum FAR of .40.
(5)
General site criteria.
(a)
The site should be located within a convenient
distance from a central business district or neighborhood business
area (including waterfront business areas) which provides shopping,
transportation and community facilities.
(b)
Due consideration shall be given to the existing
neighborhood or sites on or near the site that is the subject of the
application.
(c)
In areas that are primarily residential, the
site shall be of sufficient size and shape so as to provide the required
buffer areas which are intended to screen the development from adjacent
residential properties.
E.
Review process. Application for development approval
within a Senior Citizen SC District shall follow a two-phase review
process:
F.
Application process.
(1)
Prior to proceeding with any application for the establishment
of a SC District, the applicant shall first submit an application
to the Commissioner of Development, along with the following supporting
materials for the Commissioner's recommendation to the City Council:
(a)
An outline map of the proposed SC District,
indicating the current zoning, size and location of each parcel.
(b)
A location map of the site in relation to the
surrounding area showing all roads and key development features, including
significant neighboring land uses and existing zoning district boundaries.
(c)
An analysis of the estimated development potential
(yield) based upon existing zoning compared with that of the proposed
the SC District.
(d)
A written statement describing the basic concept
of the proposed plan, the general reasons why the applicant believes
that approval of its application would further the legislative intent,
purposes and goals of SC zoning, and any other supporting rationale
or documentation.
(e)
A conceptual sketch plan map indicating the
approximate quantity, nature and location of proposed land uses; the
proposed open space system and its relationship to neighboring open
spaces; the proposed principal means of access to the site and major
elements of the site circulation system; the existing and proposed
availability of mass transportation services, water supply and wastewater
disposal.
(f)
Topography, showing existing contours and elevations
at two-foot intervals. The plan shall further indicate the certification
by a licensed land surveyor or professional engineer or registered
architect that the topography shown resulted from an actual survey
prepared by a NYS licensed surveyor and the date of that survey.
(g)
Street and road alignment and proposed parking
areas.
(h)
Elevation of proposed buildings.
(2)
The City Council shall refer all applications for
SC zoning designation to the Planning Board for review and report.
G.
Supplemental development standards.
(1)
Two-bedroom apartment units in a SC development shall
not exceed 25% of the total number of units for that development.
(2)
No living units shall be permitted in a basement or
cellar area.
(3)
An area or areas for outdoor recreational purposes
shall be set aside exclusively for the use of the occupants and their
guests unless the site is located downtown or recreation is provided
within 200 feet. These areas may include, but are not limited to,
sitting areas and group game areas. Such areas shall be shown on the
site plan. A minimum of 150 square feet per dwelling unit of outside
recreation must be provided, improved, constructed and maintained
at the expense of the owner/landlord or homeowners' association. Landscaped
areas not improved for recreational purposes and walkways, driveways
and parking areas shall not be deemed to satisfy the requirements
of this section. In addition, a minimum of 10 square feet per dwelling
unit of indoor recreational area must also be provided. Such area
shall not be used for storage or any such similar purpose and shall
be available to all occupants and their guests. The indoor recreational
area shall be central to the entire facility and may be either attached
to a residential building or be in the form of a multipurpose community
building or buildings with rooms sufficient to accommodate indoor
recreational facilities, social gatherings, meetings, etc.
(4)
Due consideration shall be given in planning walks,
ramps and driveways to prevent slipping or stumbling, and handrails
and ample places for rest shall be provided. Gradients of walks shall
not exceed 5% and single riser grade changes in walks shall not be
permitted. All outdoor areas available to the residents shall permit
such residents to move about without danger and with minimum effort.
(5)
The design and location of all site improvements and
all buildings must be consistent with the ultimate purpose of achieving
independent, self-reliant and pleasant living arrangements for older
persons.
(6)
Adequate facilities shall be provided for the removal
of snow, trash and garbage and for the general maintenance of the
development. When the method of disposing of trash and other solid
wastes is by means of industrial-type receptacles (dumpsters), all
such receptacles shall be located on permanent masonry platforms which
shall be well distributed to serve the development. All receptacles
shall be suitably enclosed on three sides by opaque screening, and
the open portion of the receptacle enclosure shall not be within 50
feet of any window in a habitable dwelling unit.
(7)
Artificial lighting of the grounds shall provide illumination
sufficient for the convenience and safety of the residents. However,
such outdoor lighting shall not project light onto adjacent properties.
No outdoor light source shall be mounted or erected more than 10 feet
above the ground level underneath it.
(8)
Provision shall be made for general storage of residents'
bulky items, such as trunks.
(9)
Where full-time, twenty-four-hour superintendence
services are not provided, a twenty-four-hour emergency phone number
at which either managerial or maintenance personnel may be contacted
shall be posted within each dwelling unit. In addition, the owner
shall be required to make application for at least one public telephone
to be conveniently located within the development. That telephone
shall be mounted at an accessible height and be a TDD in compliance
with CABO/ANSI standards in force at the time of construction.
(10)
Medical and social service office space may
be provided where the service to be rendered is exclusively for the
benefit of the residents of the SC development only.
H.
The City Council shall have the right to require that
the applicant or owner execute such agreements and covenants as it
may deem to be required. Said agreements or covenants shall be recorded
in the County Clerk's office and constitute a covenant running with
the land. Such covenant or agreement may be modified or released only
as set forth in said covenant or agreement or by the City Council.
I.
Waivers. Where the provisions of this section conflict
with the requirements for subsidized senior housing (such as the provision
of amenities), the Planning Board may waive such requirements.
[Added 12-10-2002 by Ord. No. 229-2002]
A.
Purpose. The Fifth Avenue Overlay Zone is established
to improve the function, aesthetics, and accessibility of Fifth Avenue,
Potter Avenue, Pleasant Avenue, Plain Avenue, and other streets contained
within the area bounded to the north by Fifth Avenue, to the east
by the City limit line, to the south by the New York State Thruway,
and to the west by Potter Avenue, so as to phase out nonconforming
buildings and uses and to promote attractive commercial, light industrial,
and mixed-use residential development, which will complement and be
compatible with City Park. Specifically the following objectives are
encouraged:
[Amended 11-15-2016 by Ord. No. 233-2016]
(1)
Phase-out of incompatible, nonconforming uses:
(2)
Assembly of existing smaller lots into larger
lots to create full-depth commercial and light industrial parcels
between Fifth and Plain Avenues and between Plain Avenue and Pleasant
Street.
(3)
Construction of attractive building facades
along Fifth and Potter Avenues with off-street rear parking lots.
(4)
Development of mixed commercial uses on ground
and upper floors of buildings, such as but not limited to artisans,
trades, workshops, and showrooms.
(5)
Creation of off-street parking lots for shared
parking between adjoining and neighboring principal uses.
(6)
Elimination of curb cuts and driveways to Fifth
and Potter Avenues.
(7)
Application of enhanced street access, building
design, off-street parking, landscaping, and buffering controls by
the Planning Board to enhance the physical appearance of properties
in the Fifth Avenue Overlay Zone.
(8)
Creation of a mixed-use district that includes live-work space in accordance with § 331-72C and small-scale manufacturers.
(9)
Development of multifamily residential uses not to exceed three
stories.
B.
Permitted uses. Uses permitted by right in the underlying
LI Light Industrial District with the exception of self-storage facilities.
[Amended 10-19-2021 by Ord. No. 2021-150]
C.
Permitted uses on Fifth Avenue. In addition to those
uses permitted by right in the underlying LI Light Industrial District,
the following uses shall be permitted by right in the Fifth Avenue
Overlay Zone, excluding self-storage facilities, provided they front
on Fifth Avenue or are located within 200 feet of the intersections
of Fifth Avenue with Portman Road or Valley Place, respectively:
[Amended 11-15-2016 by Ord. No. 233-2016; 10-19-2021 by Ord. No. 2021-150]
(1)
Restaurants.
(2)
Restaurants, carry-out.
(3)
Banks.
(4)
Health clubs.
(5)
Self-service laundromats.
(6)
Dry cleaners where no dry cleaning is performed
on the premises.
(7)
Multifamily apartment buildings.
(8)
Mixed-use commercial/residential with dwelling units located
on the second floor and above.
(9)
Live-work units.
(10)
Retail sales and service establishments.
D.
Special permit uses. All the uses allowed as special
permit uses in the underlying LI Light Industrial District shall be
allowed as special permit uses in the Fifth Avenue Overlay Zone, with
the addition of self-storage facilities.
[Amended 10-19-2021 by Ord. No. 2021-150]
E.
Street access, building design, off-street parking, landscaping, and buffering guidelines. The Planning Board shall, in its site plan review of applications, consider street access, building design, off-street parking, landscaping and buffering for all new construction and expansion of existing buildings in the Fifth Avenue Overlay Zone. In accordance with existing regulations, site plan approval is required prior to the issuance of a building permit for the construction or enlargement of any principal use and prior to the issuance of a certificate of occupancy for any change of use or occupancy, which would result in an increase in the requirement for off-street parking or loading spaces and for any parking lot created or altered in accordance with the provisions of Article XIV of this chapter. The Planning Board is authorized, in its sole discretion in exercising site plan approval authority, to require that buildings not be set back greater than five feet from front property lines along Fifth and Potter Avenues; to prohibit curb cuts and driveways and to require the underground siting of on-site utilities of all properties fronting on Fifth and Potter Avenues; to require additional buffering, landscaping, and screening for all properties in the Fifth Avenue Overlay Zone; to require additional architectural detailing, mansard roofs, and fenestration (albeit faux) of building facades that front Fifth and Potter Avenues; to restrict loading and delivery areas along Fifth and Potter Avenues; and to permit alternate locations for required off-street parking facilities in accordance with § 331-126E(3) herein. The Planning Board may also reduce the total number of off-street parking and loading spaces required for all properties in the Fifth Avenue Overlay Zone, where the applicant demonstrates to the satisfaction of the Board that the capacity of a shared-use facility will satisfy the purposes of this zoning ordinance by reason of variation in the probable time of maximum use by visitors, patrons, deliverers and/or employees.
F.
Planning Board development incentives. In conjunction
with site plan review of an application in the Fifth Avenue Overlay
Zone located on a parcel of land containing not less than 10,000 square
feet in gross site area, the Planning Board may, in its sole discretion,
waive the front yard requirement on one of the two required streets
for a through lot where the main entrance of the lot fronts on the
street where the required front yard has been provided; increase the
allowable floor area ratio (FAR) for such development from 1.0 to
a maximum FAR of 3.25; increase the allowable building coverage from
60% to a maximum of 80%; increase the allowable impervious surface
coverage from 90% to 100%; increase the allowable building height
of two stories or 40 feet to a maximum of four stories or 55 feet
in the underlying LI Light Industrial District, provided the proposed
development shall achieve one or more of the following:
[Amended 5-20-2015 by Ord. No. 117-2015]
(1)
Phase out nonconforming uses;
(2)
Develop mixed commercial uses on ground and
upper floors of buildings, such as but not limited to artisans, trades,
workshops, and showrooms;
(3)
Create off-street rear parking lots behind the
buildings fronting onto Fifth and Potter Avenues;
(4)
Create uses and structures that significantly
increase the property and/or sales tax revenues benefiting the City
and/or contribute to the creation of additional jobs, as compared
to the existing uses and buildings on the site;
(5)
Assemble existing smaller lots into larger lots
to create full-depth commercial and light industrial parcels between
Fifth and Plain Avenues and between Plain Avenue and Pleasant Street;
and
(6)
Provide other on-site or off-site public amenities
and benefits which, in the opinion of the Planning Board, enhance
the project or the neighborhood and outweigh any negative impacts
created by the more permissive dimensional standards that may be granted
by the Board.
G.
Conflicts between the Fifth Avenue Overlay Zone and
the LI Light Industrial District. In the event of conflict between
the requirements of the Fifth Avenue Overlay Zone and the LI Light
Industrial District, the requirements of the Fifth Avenue Overlay
Zone shall control.
H.
Mixed-use, multifamily residential, and live-work space in accordance with § 331-72C. To promote creation of a mixed-use district, mixed-use buildings, multifamily residential, and live-work space shall be permitted in the Fifth Avenue Overlay District. The following dimensional requirements apply to new construction of buildings that include commercial uses on the ground floor, such as, but not limited to, artisans, trades, workshops, and showrooms. Upper floors should include multifamily residential units and/or live-work space for artisans.
[Added 11-15-2016 by Ord.
No. 233-2016]
(1)
Dimensional Requirements.
(a)
The maximum building height shall be 35 feet or three stories.
(b)
The maximum permitted floor area ratio (FAR) shall be 1.0.
(c)
The maximum permitted lot coverage shall be 35% for all buildings
and 65% for all impervious surfaces.
(d)
Minimum floor area per dwelling unit shall be 400 square feet
plus 200 square feet per bedroom.
(e)
Front yard setbacks shall be a minimum of 10 feet and a maximum
of 25 feet.
(f)
Rear yard setbacks shall be a minimum of 30 feet.
(g)
Usable open space per dwelling unit shall be a minimum of 100
square feet.
[Added 5-21-2003 by Ord. No. 106-2003]
See § 331-28E(6).
[Added 12-8-2015 by Ord.
No. 233-2015]
See Article XXII, Downtown Overlay Zone.
[Added 11-15-2016 by Ord.
No. 233-2016]
A.
Purpose. The Cultural District Extension Overlay Zone is established
to support the concepts, goals, and strategies of the Arts plus Cultural
District Plan. The Cultural District Extension Overlay Zone is meant
to permit and incentivize uses in close proximity to the New Rochelle
Transit Center that promote the creation of housing, workspace, and
programming that supports New Rochelle's arts and cultural community.
[Amended 9-19-2017 by Ord. No. 188-2017]
B.
Permitted Principal Uses. In addition to those uses permitted by
right in the underlying zones, the following uses shall be permitted
by right in the Cultural District Extension Overlay Zone:
[Amended 9-19-2017 by Ord. No. 188-2017]
(1)
Retail for on-site products, including arts-related products,
except where the underlying zone is residential.
(2)
Artist work studios and workshops.
(3)
Artist work/live units with artist certification requirement.
(4)
Maker activities, including shared maker labs, studios, and
workshops.
(5)
Art galleries, except where the underlying zone is residential.
D.
Special permit uses. All the uses allowed as special permit uses
in the underlying zones shall be allowed as special permit uses in
the Cultural District Extension Overlay Zone.
[Amended 9-19-2017 by Ord. No. 188-2017]
E.
Dimensional Requirements.
(1)
A minimum of 70% of the gross floor area shall be artist work/studio
space and/or artist work/live housing and related common areas. A
maximum of 30% of any project may be arts-related auxiliary uses,
including educational space, gallery space, and retail that is produced
on site, as per the underlying light industrial zoning restrictions.
Permitted non-arts-related uses shall not include non-artist live
(residential) or work/live spaces.
(2)
Artist work/live units.
(a)
Artist work/live units shall have a minimum of 400 square feet
for the living unit.
(b)
Each living unit shall have a minimum of 100 square feet per
unit provided as work space, either as individual studio space or
as part of a common work space or maker space. This work space shall
be provided as additional space in the living unit.
(c)
Artist work/live developments may include other shared or auxiliary
spaces related to arts, culture and maker activities, such as workshop
and tool spaces, storage spaces, and gallery spaces.
(d)
Gallery space must be provided for the benefit of all artist
work/live units. Gallery space shall be a minimum of 150 square feet.
(e)
Artists renting or occupying work/live units must be certified
artists by the City of New Rochelle through the City's artist certification
program.
(3)
Art sales space accessory to and integrated with artist work
and work/live spaces may occupy up to a maximum of 30% of the gross
floor area.
F.
Parking Requirements.
(1)
Artist work space and maker space: one parking space per 500
square feet of gross floor area.
(2)
Artist work/live development: one parking space for every three
artist work/live units plus one parking space per 500 square feet
of gross floor area of the remaining project (excluding the work/live
units and common area for these, and excluding the required work space/studio
space for each of these work/live units).
G.
Development Incentives.
(1)
In the Cultural District Extension Overlay Zone, development
that provides adaptive reuse of existing buildings and/or new construction
for the use of artist work/studio space and/or artist work/live space
as outlined above shall be eligible to receive development incentives
as follows:
(a)
Increased height up to four stories total (from two stories
allowable as of right in the current zoning of the Light Industrial
District).
