Town of Rye, NY Article IV Regulations

§ 66-4 General provisions.

In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements for the protection of the public health, morals, safety, comfort, convenience and general welfare. This chapter shall not be deemed to interfere with, abrogate, annul or otherwise affect in any manner whatsoever any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration or enlargement of buildings than are imposed by other ordinances, rules, regulations, licenses, certificates or other authorizations, or by easements, covenants or agreements, the provisions of this chapter shall prevail. Except as hereinafter provided, the following general regulations shall apply:

A. No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this chapter for the district in which such building or land is located.

B. Every building hereafter erected shall be located on a lot as herein defined. There shall be not more than one main building and its accessory buildings on one lot, except for nonresidential buildings and multifamily dwellings in districts where such uses are permitted.

C. No yard or other open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as any part of the yard or open space for any other building; no yard or any other open space on one lot shall be considered as a yard or open space for a building on any other lot. Should a lot hereafter be formed from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter.

D. New construction or substantial improvements of residential structures within the area of special flood hazards shall have the lowest floor, including the basement elevated to or above the level of the one-hundred-year flood.

[Added 4-16-1974]

E. New construction or substantial improvement of nonresidential structures with the area of special flood hazards shall have the lowest floor, including the basement elevated to or above the level of the one-hundred-year flood or, together with attendant utility and sanitary facilities, shall be floodproofed up to the level of the one-hundred-year flood.

[Added 4-16-1974]

F. In riverine situations, until a floodway has been designated, no use, including landfill, may be permitted within the floodplain area having special flood hazards unless the applicant for the land use has demonstrated the proposed use, where combined with all other existing and anticipated uses, will not increase the water surface elevation of the one-hundred-year flood more than one foot at any point.

[Added 4-16-1974]

§ 66-5 Schedule of Regulations. [1]

The Schedule of Regulations appended hereto, which defines the uses of land and buildings, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking space, loading space, and all other matters contained herein, as indicated for the various districts by this chapter, is hereby adopted and declared to be a part of this chapter, and may be amended in the same manner as any other part of this chapter. The regulations listed for each district as designated, reading from left to right across the schedule are subject to the provisions of §§ 66-6 and 66-7 of this chapter, and, unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. The listing of any use in said schedule either as being permitted in or being excluded from any particular district shall be deemed to be an exclusion from any more restricted district, unless such use is permitted in such more restricted district under the language set forth in the schedule applying thereto.

[1] Editor's Note: Provisions of the schedule are in Art. VIII. To facilitate inclusion of amendments, these provisions are set in style to conform to the rest of the Zoning Ordinance instead of using original chart form. Information regarding uses of a particular district may be found under separate section headings in Art. VIII.

§ 66-6 Supplementary regulations — general.

The provisions of this chapter shall be subject to such exceptions, additions, or modifications as herein provided by the following general supplementary regulations.

A. Lots.

(1) Lots in two districts. Where a district boundary divides a lot in one ownership of record at the time when such line is adopted, regulations for the less restricted portion of such lot may extend not more than 30 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district.

(2) Dwellings on small lots. A permit may be issued for the erection of a one-family dwelling on a lot or parcel for which a valid conveyance or contract of sale has been executed and delivered prior to the date of the adoption of this chapter, notwithstanding that the area or dimensions of such lot or parcel are less than that required for the district in which such parcel or lot lies, providing that all yards setbacks and other requirements are complied with, and providing such lot or parcel does not fall within the provisions of the following paragraphs:

(a) Where the owner of a lot or parcel smaller than is required by this chapter for the district in which it lies, also owned or had under contract to purchase at the time of the passage of this chapter, other lots or parcels contiguous thereto, such other lots or parcels, or as much thereof as may be necessary, shall be combined with the original lot or parcel to make a single conforming lot or parcel, whereupon a permit for the erection of a one-family dwelling may be issued, but only for such combined lots or parcels even though their total be less in area than required by this chapter for the district in which they lie.

(b) Requirements of Subsection A(2)(a) above may be waived as to any such lot or parcel of land which has been owned under a deed acquired not less than five years prior to the date of adoption of this chapter, or which is shown on any subdivision map duly filed and recorded not less than five years prior to the date of this chapter.

(3) Frontage on improved street required. No building permit shall be issued for any structure unless the lot upon which the structure is to be built fronts on a street or highway as defined in § 280-a of the Town Law, which street or highway shall have been suitably improved to the satisfaction of the Planning Board as provided by the Town Law.

B. Yards and setbacks.

(1) Yards.

(a) Terraces. A paved terrace shall not be considered in determination of lot size or yard coverage, provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high, and shall not project into any yard to a point closer than four feet from any lot line.

(b) Unenclosed porches. No porch may project into any required yard.

(c) Enclosed porches. Any two-story or any enclosed porch, or one having a solid foundation, capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or amount of lot coverage.

(d) Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projection of the window sills, belt-courses, cornices, eaves and other architectural features, provided, however, that such features shall not project more than two feet into any required yard.

(e) Bay windows. Bay windows including their cornices and eaves may project into any required yard not more than two feet, provided, however, that the sum of any such projections on any wall do not exceed 1/4 the length of any said wall.

(f) Fire escapes. Open fire escapes may extend into any required yard not more than six feet, provided, however, that such fire escape shall not be closer than four feet at any point to any lot line.

(g) Walls and fences. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall nor to prohibit any fence or wall, providing that any residence district no fence or wall shall exceed four feet in height in any front or side yard or six feet in height in any rear or side yard back of the front yard setback line, measured above the finished grade.

(h) Accessory buildings. Accessory buildings shall comply with all yard setback requirements, except that a detached accessory building which does not exceed one story nor 15 feet in height may be located in a side or rear yard, provided that no part shall be nearer than five feet to a property line, and further provided that front yard and corner lot side yard setbacks are observed. If any accessory building is attached to a main building, including by means of a breezeway or a roofed passageway with open or latticed sides, it shall comply in all respects to the requirements of this chapter applicable to the main building. Detached accessory buildings shall be at least 12 feet from the main buildings.

(i) Corner lots. On a corner lot in any residence district there shall be provided a side yard on the side street equal in depth to the required front yard on said side street.

(j) Exception for existing alignment of buildings. If on one side of a street within a given block and within 150 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depths specified in the Schedule of Regulations, a front yard shall be required in connection with any new building which shall conform as nearly as practicable with those existing on the adjacent lots, except that no such building shall be required to set back from the street a distance greater than 50 feet.

(2) Visibility at intersections. On a corner lot in any residence district, no fence, wall, hedge or other structure, or planting, more than three feet in height, shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street line. The height of three feet shall be measured above the curb level.

(3) Usable open space. Included in every lot hereafter developed in whole or in part for residence, there shall be provided at least the area of open space specified in the Schedule of Regulations for each dwelling unit, which space shall be available and usable for outdoor recreation use and for household activities which are normally carried on outdoors. No such area shall have a dimension smaller than 20 feet.

(4) Courts.

(a) Inner court. The least dimension of any inner court at the sill level of the lowest windows shall be equal to the height of the highest wall forming part of such court.

(b) Outer court. The depth of any outer court shall not exceed 1/2 its width, and such width shall not be less than 15 feet.

C. Heights.

(1) Height exceptions.

(a) The height limitations of this chapter shall not apply to church spires, belfries, cupolas and domes, not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve, and the total area covered by such features shall not exceed 25% of the roof area.

(b) The provisions of this chapter shall not prevent the erection above the building height limit of a parapet wall or cornice, for ornament and without windows extending above such height limit not more than five feet.

(2) Awnings. No awning projecting beyond the property line of any lot into the sidewalk portion of a public street shall be erected or maintained on any building or structure, unless such awning be at all points at least eight feet above the level of said sidewalk, nor may any such awning project beyond said property line a distance greater than six feet. Any such awning shall be firmly affixed to the building.

D. Minimum house size. No building in any R-20, R-15, R-12, R-10, R-7, R-5, OB1 or OB2 District, used for one-family residence, and erected or created by alteration, subsequent to the adoption of this chapter, shall have a floor area less than that required by the Schedule of Regulations. Such floor area shall include all floor area used for human occupancy within the exterior wall of the building as defined in the Building Code[1] of the Town of Rye, but shall not include open porches or breezeways, basements or uninhabitable or unfinished attic space.

[1] Editor's Note: See Ch. 14, Building Code.

E. Uses.

(1) Accessory uses.

(a) Nothing in this chapter shall be deemed to prohibit the following accessory and incidental uses, in addition to those provided in the schedule and any notes appended thereto, constituting § 66-5 of this chapter.[2]

[2] Editor's Note: See Art. VIII, Schedule of Regulations.

(b) Customary recreation, refreshment, and service uses and buildings in any public park, reservation, playground or other public recreational area, incidental to the recreational use of such area.

(c) The excavating of natural materials to permit the constructing of a building on the lot.

(2) Excavations. Clay, sand, gravel or other natural mineral deposit may be excavated for use on the premises in any district in connection with any use permitted in the district. Clay, sand or gravel may be excavated for commercial purposes only if permitted by a temporary special permit obtained from the Town Board, as provided in § 66-12 of Article V, and in any case such permission shall be subject to compliance with the following regulations:

(a) The final slope of material in any excavation or pit shall not exceed the normal limiting angle of repose of such material.

(b) Both the base and the top of such slope shall not be nearer than 50 feet to any street line or property line.

(c) A specific plan of the approved excavation shall be prepared and filed with the Town Board.

(3) Deposit of waste materials. No garbage, rubbish, refuse or other waste material, except soil, gravel, rock or other natural material deposited for the purpose of regrading or landscaping the land on which it is deposited, shall be dumped or deposited in any district within a distance of 100 feet from any highway, water body, stream or property line nor elsewhere except after obtaining a permit therefore from the Building Inspector, subject to such regulations as the Town Board may prescribe and further subject to any applicable regulations of the Westchester County Department of Health and the requirement that such dumping or deposit:

(a) Will not be objectionable by reason of dust, fumes, smoke or odor, or be otherwise detrimental to the public health or safety, and

(b) Will not interfere with drainage to the extent of being injurious to adjacent land or buildings.

(4) Business entrances on residential streets. Where a residence district is bounded by a portion of a business district, then any side street extending through such residence district into such business district shall not be used for any business purpose, except as herein set forth. The business structure erected in such business district shall face and open upon the street set aside for business purposes except that show windows in such business structures may be built and exposed on said side street within the area set aside as part of said business district and an entrance may be made at the corner of such business and residential streets. All other entrances thereto, except to residential parts of the structure, must face on the business street, except that any second means of egress required by applicable law and access to and from off-street parking facilities shall be permitted.

(5) Prohibited uses. The following shall be prohibited from all districts:

(a) Gas compressor station.

(b) Operation of a junkyard.

(c) House trailers except that one trailer may be parked or stored in an enclosed garage or accessory building, provided that no living quarters shall be maintained nor any business conducted in connection therewith while said trailer is stored.

(d) Any building in the rear of a main building on the same lot and used for residence purposes, except for domestic employees of the owners or tenants of the main building, which employees may lawfully occupy such a building provided it shall not be over two stories or 30 feet in height, shall conform to all open space requirements, and shall not be within 30 feet of any main building on the lot.

F. Nonconforming uses.

(1) Continuing existing uses. Except as otherwise provided in this section, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses.

(2) Nonconforming use of land. Where no building is involved, the nonconforming use of land may be continued provided, however, that no such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this chapter; provided, further, that if such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than 30 days or is charged to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.

(3) Nonconforming use of buildings.

(a) A building or structure the use of which does not conform to the use regulations for the district in which it is situated shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated.

(b) Such nonconforming building shall not be structurally altered unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted; and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption of this chapter.

(c) If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use which, in the opinion of the Board of Appeals, either by general rule adopted on a request by the Building Inspector or on a specific finding on appeal of a particular case, is of the same or of a more restricted nature.

(d) If any nonconforming use of a building ceases for any reason for a continuous period of more than six months, or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever, for any reason, then any future use of such building shall be in conformity with the regulations specified by this chapter for the district in which such building is located.

(e) If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.

(4) Restoration of damaged buildings. If any nonconforming building shall be destroyed by any means to an extent of more than 50% of the assessed valuation thereof, according to its assessment by the Town Assessor for the year during which such destruction occurs, no repairs or reconstruction shall be made unless every portion of such building and the use thereof are made to conform to all the regulations of this chapter for the district in which it is located. Where the destruction of such nonconforming building is less than 50% of the assessed valuation, as above determined, it may be restored and the nonconforming use continued, provided that the total cost of such restoration does not exceed 50% of the valuation of the building at the time of the destruction, and further provided that such restoration is started within a period of one year and is diligently prosecuted to completion.

(5) Nonconforming signs. Regardless of any other provision of this chapter, every sign which, after the adoption of this chapter, may exist as a nonconforming use in any district shall be discontinued and removed, or changed to conform to the regulations of said district within a period of two years from the date of this chapter, or of the date of the amendment that made such signs nonconforming. Subject to the provisions of this paragraph, all of the provisions of this section shall apply to every nonconforming sign.

[Amended 9-21-1961]

(6) Completion of buildings under construction. Any building for which a permit has been duly granted, and the construction of which has been started before the effective date of this chapter, may be completed in accordance with plans on file with the Building Inspector, provided that such construction is diligently prosecuted and such building is completed within one year of the date of this chapter.

(7) Existing special uses deemed conforming. Any use lawfully existing at the time of the adoption of this chapter in the district in which such use is classified herein as a special use shall, without further action, be deemed to be a conforming use in such district.

G. Off-street parking and vehicular access.

(1) Off-street parking.

(a) It is the intention of this chapter that all structures and land uses be provided with a sufficient amount of off-street automobile parking to meet the needs of persons employed at or making use of such structures or land uses. No permit for the erection or substantial alteration of a structure, or for the development of a land use, shall be issued unless off-street automobile parking and loading facilities shall have been laid out in plan, in accordance with the appropriate requirements for structures and uses set forth in the Schedule of Regulations herewith, and approved by the Building Inspector as provided in Subsection G(1)(d) of this subsection.

(b) Structures and land uses in existence, or for which building permits have been approved, at the time of the adoption of this chapter, shall not be subject the requirements set forth in the Schedule of Regulations, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking facilities for such structures or uses, as well as for any enlargement or extension, shall, however, be provided as a condition for the issuance of any building permit for such enlargement or extension in the future. In case of practical difficulty or unnecessary hardship to such properties, arising out of this requirement, appeal may be made to the Board of Appeals which shall require only such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming, but shall not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or extension, and shall not permit reduction or elimination of whatever quantity of parking may already be in existence unless it is in excess of such requirements. Required off-street parking facilities which, after development, are later dedicated to and accepted by the Town shall be deemed to continue to serve the uses or structures for which they were originally provided.

(c) Off-street automobile parking facilities shall be provided as follows:

[1] Each single-family or two-family house shall be provided with one off-street automobile parking space for each family dwelling unit.

[2] Each apartment or multifamily building designed to house three or more families shall be provided with 1 1/4 off-street automobile parking spaces for each dwelling unit, at least 1/3 of which parking spaces shall be directly accessible to and within 100 feet of each main entrance, so as to be convenient for use by visitors as well as occupants.

[3] Each professional office or home occupation permitted in a residence zone as an incidental accessory use shall be provided with one off-street automobile parking space in addition to the number of spaces required for the residence use.

[4] Each hotel, boarding, rooming or lodging house shall be provided with one off-street automobile parking space for every two guest sleeping rooms, in addition to one off-street parking space for each 600 square feet of nonrentable floor space exclusive of basements.

[5] Each retail business establishment such as a grocery, meat market, drug, hardware, clothing or variety store, and each service establishment such as a bank, barber shop, beauty parlor, shoe repair, dyeing and dry cleaning, laundry, plumbing shop or appliance repair shop shall be provided with one off-street automobile parking space for every 200 square feet of business floor area.

[6] Business or professional office buildings.

[a] A business or professional office building or use, or a public building or use other than a school, shall be provided with one off-street automobile parking space for each separate office or suite of offices of a given tenancy, plus one space for every 300 square feet of floor area used for office purposes or purposes essentially similar.

[b] An office building or office and laboratory building shall be provided with off-street automobile parking space for not less than 80% of the total number of employees, which shall be computed at one employee for each 150 square feet of office area and one employee for each 300 square feet of laboratory area.

[Added 11-22-1966]

[7] Each restaurant, or similar place dispensing food or drink or refreshments, shall be provided with one off-street automobile parking space for every 100 square feet of floor area devoted to patron use.

[8] Each hospital, clinic, sanitarium or convalescent home shall be provided with four off-street automobile parking spaces for every five patient beds excluding bassinets.

[9] A theatre, auditorium, stadium or other place of public assembly other than a church, the capacity of which can be measured in terms of seats, shall be provided with one off-street automobile parking space for every six seats in such place of assembly.

[10] A bowling alley shall be provided with five off-street parking spaces for each alley. A skating rink, or other center of public amusement, the capacity of which cannot be measured in terms of seats, shall be provided with one off-street automobile parking space for every 200 square feet of floor space devoted to patron use.

[11] A wholesale, storage, utility, manufacturing or other industrial building or use shall be provided with one off-street automobile parking space for every two persons for which the building or use is designed.

[12] Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined in each case by the Board of Appeals, which shall consider all factors entering into the parking needs of such use.

[13] Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot; except that the Board of Appeals may approve the joint use of parking space by two or more establishments on the same or contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that the Board 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 or employees among such establishments and provided that such approval of such joint use shall be automatically terminated upon the termination of the operation of any such establishments.

[14] In an OB-1 District.

[Added 11-9-1966; amended 10-7-1980]

[a] Executive learning center: (a) one space for each guest room; (b) one space for every three employees; (c) one space for every four seats in permanent dining rooms; (d) one space per 300 square feet of floor area devoted to retail use; and a total minimum of parking spaces for an executive learning center shall be 80% of the sum of the spaces required in Subsection G(1)(c)[14][a](a) through (d) above, but in no event less than one space for each guest room.

[b] For research and testing laboratories: one space per 1,000 square feet of gross floor area devoted to such uses.

[c] For office and all other uses: one space per 300 square feet of gross floor area devoted to such uses.

[d] Where the Town Board finds during site plan review that the circumstances of the particular case warrant a different standard, such Board may adjust the parking requirements by 10%, plus or minus.

[e] Where at least 50 parking spaces are provided for the sole use of employees who use such spaces on a nontransient basis (car parked at least three hours in the same space), the Town Board may, in conjunction with site plan approval, allow up to 25% of the these parking spaces to be designed and reserved for compact cars. Such spaces shall be at least eight feet wide and 15 feet long, shall be grouped in one or more locations on the lot and shall be clearly marked as being reserved for compact cars only.

[f] Where the Town Board determines, in connection with its action on a site plan, that less than the required number of parking spaces will satisfy the intent of this chapter, because of variation in the probable time of maximum use by joint users, the provision of van-pooling or for any other reason, said Board may waive all or part of the improvement, but not more than 50%, of the number of parking spaces required. In all cases, it shall be expressly demonstrated on the site plan that sufficient space remains for the provision of the total amount of off-street parking required, and the site plan shall bear such designation. All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived. Such spaces must be constructed within six months of the date of written notice to the property owner by the Town Board that such spaces have been determined as necessary.

(d) Layout and location of off-street parking facilities.

[1] The required off-street parking facilities for structures and land uses which are hereafter developed shall be provided on the same lot or premises with such structure or land use; except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots and except that the Board of Appeals may permit all or part of the required spaces to be located on any lot within 500 feet of the building, and within a district where such use is permitted, if the Board determines that it is impractical to provide parking on the same lot with the building.

[2] In any residence district, except an RA-1 District, no unenclosed off-street parking facility shall be developed within 25 feet of a front lot line or shall be developed within 2 1/2 feet of a side or rear lot line except as provided in Subsection G(1)(d)[5] below. In Residence RA-1 District, no unenclosed off-street parking facility shall be developed within five feet of any lot line.

[3] The plans for any new building or any replacement or reconstruction of an existing building, when submitted to the Building Inspector for a building permit, shall show specifically the location and size of the off-street parking facilities required to comply with this section and the means of access to such space from the public streets or highways, and except for single-family and two-family residences, the plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the Town Planning Board with regard to safety to traffic on the public street, to safety to pedestrians on public sidewalks and to safety and adequacy of access for cars and pedestrians using the parking facility, before a building permit may be issued.

[4] Required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Building Inspector to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. In appropriate situations the Building Inspector may require suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

[5] In any R District, a parcel of land that lies contiguous to the boundary of a C District, and that is contiguous at not more than one property line thereof to a side lot line in an R District, may be used for the parking of motor vehicles, but not for any sales or servicing in connection therewith, for a distance of not exceeding 200 feet from the boundary of said C District. A parcel of land shall not be considered contiguous to a C District if it is separated from the C District by a street or alley. The following limitations and requirements shall apply thereto:

[a] There shall be no parking of vehicles nearer to any boundary of such parcel than a distance of five feet, except any part contiguous to the boundary of the C District.

[b] The portion of the parcel that is used for the parking of vehicles shall be bordered on all sides not contiguous to the boundary of the said C District by a wall or fence, supplemented by landscaping, approved by the Planning Board as being adequate to assure that the use of said parcel for the parking of vehicles will not be detrimental to the use of adjacent land in said R District. Such wall or fence and landscaping shall be adequately maintained at all times.

[c] There shall be no entrance to the parking area at a distance of more than 100 feet from the boundary of such C District, and such entrance shall be limited to the street on which the adjoining business buildings have frontage.

[d] The plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the Planning Board with regard to the safety of traffic on the public street, to safety of pedestrians on public sidewalks, and to safety and adequacy of access for cars and pedestrians using the parking facility.

[e] No sign shall be displayed on such parcel except one identification sign not exceeding 12 square feet in area, and no such sign shall be located outside of the portion of the parcel that is used for the parking of vehicles, nor at a distance of more than 50 feet from the boundary of such C District.

(e) Operation and maintenance of off-street parking facilities. Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at or make use of such structures and land uses except when dedicated to and accepted by the Town as public parking areas.

(2) Driveways.

[Amended 2-19-1963]

(a) No driveway or road, to or from any property, shall be so located at its juncture with a public highway as to create a danger or a menace to the community or to the convenience or proper use of the adjoining property.

(b) Driveway grades shall not exceed 15% from the property line for the entire length of the driveway.

(c) Where a driveway leads to a garage whose floor is below the level of the street, and below the level of the ground along both sides of such driveway, a drain of sufficient size (but not less than four inches) shall be installed in front of the garage door or doors and be connected to the storm sewer in the street.

(d) Where a stormwater sewer is not available, the drain shall be connected to a dry well with earth floor, of 40 cubic feet capacity, built of masonry units laid with open joints, capped with flagstone or concrete as the Building Inspector may direct. The dry well shall not be filled with stone, brick or other material.

H. Special permits.

(1) General requirements.

(a) The types of uses for which special permits are required by this chapter shall be deemed to be permitted uses in their respective districts, subject, as to each specific use, to the satisfaction of the requirements and standards set forth herein. All such uses are declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

(b) Application for required special permits shall be made to the Town Board. Each such application shall be referred by the Town Board to the Planning Board for report, which report shall be rendered at least 10 days prior to the date of public hearing on such application. The Town Board may, after public notice and hearing, in the same manner as required by law for zoning amendments, authorize the issuance of said permits provided it shall find that:

[1] With respect to all uses listed as requiring special use permits:

[a] The use shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.

[2] With respect to the uses listed as requiring special permits in residential districts:

[a] The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, and its relation to streets giving access to it, shall be such that it will not be hazardous, inconvenient or detrimental to the predominantly residential activities and character of the neighborhood.

[b] The location, nature and height of buildings, walls and fences, and the nature and extent of landscaping on the site, shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

[c] The proposed use shall be provided with off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use, at least meeting the standards of Article IV, § 66-6G and such parking area or areas shall be suitably screened from adjoining residential uses and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisance.

[3] With respect to uses listed as requiring special permits in commercial districts:

[a] The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relationship to streets giving access to it shall be such that:

[i] It will be harmonious part of the commercial district in which it is situated and will not hinder the appropriate development or impair the value thereof.

[ii] Vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, taking into account, among other things, vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distances, and relation to pedestrian traffic.

[iii] Its operations will not be objectionable to nearby dwellings, by reason of noise, fumes, vibrations or flashing of lights, to a greater degree than is normal with respect to the proximity of commercial or industrial uses to residential uses.

[4] With respect to the uses listed as requiring special permits in Office Building and Research Laboratory Districts:

[Amended 4-4-1959]

[a] The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, shall be such that it will not cause or result in:

[i] Dissemination of dust, noise, vibration, excessive light, odor, smoke, observable or detectable gas or fumes or other atmospheric pollutant, or any harmful discharge of industrial waste materials beyond the boundaries of the site on which such use is conducted;

[ii] Menace by reason of fire, explosion or other physical hazard, including radiation;

[iii] Interference with radio or television reception beyond the immediate site of the building in which such use is conducted, or scientific testing of devices or instruments which requires the flying of aircraft over the building in relationship to activities in the buildings in such a manner as to cause a public nuisance;

[iv] Unusual traffic congestion on the streets and highways giving access to the site;

[b] The Town Board shall specifically describe the industrial use being permitted under its resolution which makes the above findings.

[5] With respect to the uses listed as requiring special permits in OB-S Districts:

[Amended 2-21-1963]

[a] The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it shall be such that it will not cause or result in:

[i] Dissemination of dust, noise, vibration, excessive light, odor, smoke, observable or detectable gas or fumes or other atmospheric pollutant or any harmful discharge of industrial waste materials beyond the boundaries of the site on which such use is conducted.

[ii] Menace by reason of fire, explosion or other physical hazard, including radiation.

[iii] Interference with radio or television reception beyond the immediate site of the building in which such use is conducted or scientific testing or devices or instruments which require the flying of aircraft over the buildings in such a manner as to cause a public nuisance.

[iv] Unusual traffic congestion on the streets and highways giving access to the site.

[b] No manufacturing or industrial use shall be permitted.

[c] Site plan review by the Planning Board as required. In reviewing this site plan, the Planning Board shall take into consideration, but not necessarily limit itself to, the recommendations of the general plan for development, the proposed location, height and bulk of buildings, traffic circulation within and without the site, provisions for drainage and sewage treatment, provision of off-street parking spaces, exterior lighting, buffer areas and other open spaces, display of signs, location and screening of garbage and trash containers, location and screening of trailer parking and loading and landscaping, so that any development will have a harmonious relationship with the existing or permitted development of contiguous land and adjacent neighborhoods and so that pedestrian and vehicular traffic will be handled adequately and safely within the site and in relation to the adjoining street system.

[Added 8-16-1977]

(2) Hospitals and convalescent and nursing homes. In addition to the above listed standards:

[Amended 12-21-1971]

(a) A building intended for use as a hospital, convalescent home or nursing home shall be located no closer than 200 feet to the boundary of any adjacent property zoned for one-family residence, unless a lesser distance to such adjacent property shall have been agreed to, in writing, by the owner thereof, or if any such adjacent property is not within the area of the Town of Rye or is owned by a religious, educational, public or charitable institution, corporation or association or is used or intended for any of the uses permitted in § 66-19C, in any of which cases said hospital, convalescent home or nursing home shall not be located within 125 feet of the boundary of such adjacent property.

(3) Nursery schools. With respect to nursery schools, in addition to the above listed standards:

(a) The location, size and character of the school shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated and will not be detrimental to the value of property in the neighborhood.

(b) The lot on which such school is operated shall not be less than 1/2 acre in area.

(c) The lot on which any school is maintained shall contain at least 1,000 square feet of suitably fenced rear or side yard play area for each five children or part thereof, and each such play area shall be located not less than 30 feet from any lot line, except where the rear or side yard lot line abuts a public street, park or parkway property, and not less than 50 feet from any residential structure on any adjoining lot, and such play area shall be suitably screened with planting or other means to avoid a noise nuisance to adjoining properties.

(d) The area used for nursery school purposes inside any building shall be on the first floor only and shall not be less than 35 square feet for each child in such school exclusive of space in cloakrooms, lavatories, storage rooms or hallways. No basement area shall be used for child care or instruction purposes.

(e) The school shall not have more than 15 children in any case, except if the building is of fireproof or semifireproof construction as defined by the Building Code[3] of the Town of Rye.

[3] Editor's Note: See Ch. 14, Building Code.

(4) Membership clubs. With respect to membership clubs and similar social uses not operated for profit, in addition to the above listed standards:

(a) Each such building or use of land, for other than off-street parking purposes, shall be located not less than 50 feet from the property line in an R2F or RA-1 District, nor less than 100 feet from the property line in an R-20, R-15, R-12, R-10, R-7, R-5, OB-1 or OB-2 District.

(5) Bowling alleys. With respect to bowling alleys, in addition to the above listed standards:

(a) The lot used for a bowling alley shall be bordered on all sides contiguous to the boundary of a residential district by a strip of land at least 25 feet in depth, not to be used for the parking of vehicles. Within the twenty-five-foot strip, a compact screen of evergreens, of height and depth approved by the Town Board, and other plants and shrubs of such character as may also be approved by the Town Board, shall be maintained.

(b) Driveway entrances and exits shall be located at least 100 feet from the boundary of a residential district.

(c) A bowling alley, and the building so occupied, including the entrances and exits, shall be designed and constructed according to the best standards of sound-proofing. On the sides of a building containing bowling alleys, there shall be no windows. No entrance or exit, except a required fire exit, shall be permitted to face toward adjoining residential districts.

(d) Exterior spot-lighting or other illumination shall be so installed as to eliminate any detrimental effect on adjoining residential districts or to traffic on the streets. No unshaded light sources shall be permitted.

(e) Any single advertising sign shall be limited to 50 square feet in area on one facing. The Town Board, in granting a special permit, may place limits on the hours of operation of a bowling alley.

I. Modifications in connection with approval of subdivisions.

(1) Where the owner of any tract of land presents a plat for the subdivision of such tracts the Planning Board, after public notice and hearing pursuant to § 281 of the Town Law, and consistent with the spirit and intent of this chapter, may authorize the following modifications with respect to not more than 10% of the lots in such plat, providing that all such modifications are necessary to achieve a good subdivision design:

(a) In an R-20 District, modifications of required minimum width of lot, and of required minimum side yard setbacks correspondingly, providing that no reduction shall exceed 20% of the required minimum for the district in which the lot is located.

(b) In an R-12, R-15 or R-20 District, modifications of required minimum depth of lot and of required minimum front and rear yard setbacks correspondingly, providing that no reduction shall exceed 20% of the required minimum for the district in which the lot is located.

(2) No modifications of the permitted use regulations or of the minimum required lot area shall be approved. Each approved modification shall be specifically stated on the plat, and before it shall be signed with the approval of the Planning Board, the Planning Board shall state in its minutes the reasons for each such modification.

§ 66-7 Supplementary regulations — special.

The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following special supplementary regulations:

A. Apartment developments. Within any district where multifamily residence is a permitted use, no building housing 10 or more families and no group of buildings shall be erected on any lot unless a site development plan has been approved by the Planning Board in the same manner as is prescribed by state law for the approval of subdivisions. Subsequent to issuance of such approval, no building permit shall be issued except for building in conformity with the approved site development plan. In approval of such plan, the Planning Board shall determine that all applicable standards are met.

B. Office building developments. Office building and research laboratory developments within any OB-2, OB-3 and OB-5 District where office buildings for business and professional use and research laboratories are permitted; no such building shall be erected on any lot unless a site plan for its development has been approved by the Planning Board, after public notice and hearing, as being in conformity with the following standards:

[Amended 4-4-1959; 9-8-1961; 5-21-1963; 8-9-1966; 11-9-1966; 11-22-1966; 10-7-1980]

(1) For OB-2 District and OB-S District. Sites shall be of at least 10 acres and have at least 500 feet of frontage on an existing street or highway, except that the Board may approve plans to subdivide and develop such sites into sites of not less than five acres and with at least 300 feet of street frontage, except that any lot less than five acres and more than three acres zoned for "Business" as of May 21, 1952, and described as a tax lot on the Tax and Assessment Map as of said date, and now located in an OB-2 District, shall be deemed to meet the acreage requirement, provided that all other standards set forth herein are met and that arrangements are made for common access and service roadways where necessary to avoid traffic hazards or congestion, and further, except that any smaller parcel so zoned and so identified on the Tax and Assessment Map of the Town of Rye as of said date and now in the OB-2 District shall be deemed to meet the lot size requirement, provided that the owner of the lot owned no adjoining property on that date and that the size of said parcel shall not be reduced.

(2) For OB-3 District.

(a) Sites shall be at least five acres and shall have at least 350 feet of frontage on an existing street or highway.

(b) Access and service roads from existing streets or highways shall properly relate to the public street and highway system so as to avoid unsafe conditions and traffic congestion.

(c) Parking space shall be provided on the site to accommodate the motor vehicles of employees and visitors. Parking areas shall be permanently improved and suitably screened with planting and shall be set back from street and side lines of the site at least 50 feet, except that permanent arrangements may be approved for a lesser distance between parking areas of adjoining office building developments.

(3) For OB-2 District. Buildings on any site may cover a total of no more than 15% of the site area, of which area any office or laboratory building may not cover more than 100,000 square feet of the site area. The buildings shall be set back at least 100 feet from all property lines, and such office or laboratory buildings shall be not more than eight stories high nor more than 120 feet in height measured from the average finished grade to roof, but not including elevator and utility penthouses above the roof.

(4) For OB-3 District. Buildings on the site may cover no more than 12% of the site area and shall be set back at least 100 feet from a street, 100 feet from rear lot line and 60 feet from each side line.

(5) There shall be no advertising signs other than one facing each public street, announcing the name of the company or companies housed in the office building, nor shall there be exterior spotlighting or other illumination such as will be an annoyance to any adjoining residential districts. Necessary safety lighting of roads and buildings and necessary direction signs shall be permitted.

(6) The Planning Board, in acting upon site plans as required by this section, may modify the application of the above standards where necessary in particular situations because of topographical or other site conditions and where the general public interest will be served, provided that the general purpose and intent of the standards is observed. In each such case, however, the Planning Board must enter upon the record the specific reason or reasons for each modification granted.

C. Business developments. Within a C-1 or a C1-P District, no business or shopping center buildings or uses shall be erected or established on any lot unless the site plan for its development has been approved by the Planning Board, after public notice and hearing, as being in conformity with the provisions of this chapter and with the additional requirements that access and service roads from existing streets and highways shall properly relate to the public street and highway system so as to avoid unsafe conditions and traffic congestion. Special permit uses shall be excepted from the procedure of this subsection.

D. Airport Zones.

(1) Establishment of zones. The area within two miles of the boundaries of the Westchester County (Rye) Airport within the Town of Rye shall be divided into four classifications: instrument approach zones, sight approach zones and inner and outer turning zones as follows:

(a) Instrument Approach Zones — Z1. An instrument approach zone beginning at the end of each landing strip or runway designed for instrument approaches, proceeding from a width of 1,000 feet at such end to a width of 4,000 feet two miles distant therefrom, its center line being a continuation of the center line of each such runway or runways or landing strips.

(b) Sight Approach Zones — Z2. A sight approach zone beginning at the end of each other landing strip designed for visual or sight approaches proceeding from a width of 500 feet at such end to a width of 2,500 feet two miles distant therefrom, its center line being a continuation of the center line of such runway or runways or landing strips.

(c) Inner Turning Zones — Z3. An inner turning zone between each two approach zones extending outward for a distance of 1/2 mile.

(d) Outer Turning Zones — Z4.

[1] An outer turning zone between each two approach zones extending from the outer edge of the inner turning zone to an outer boundary described as follows:

[2] The outer boundary of such approach and outer turning zones shall be determined by swinging a series of intersecting arcs completely around the airport; each are being swung from a point midway of the end of each runway or graded landing strip and each having a radius of two miles, the outer boundary of such area being such arcs and connecting straight lines tangent to the arcs thus described. The inner edge of such outer turning zone which is also the outer edge of the inner turning zone shall be established by swinging from the ends of each runway or graded landing strip arcs with a radius of 1/2 mile and connecting by straight lines the points where such arcs intersect the edges of each approach zone. The airport zones shall be superimposed upon residential and other zones established in this chapter.

(2) Height limits for control of future development. Except as may be permitted by variances granted by the Zoning Board of Appeals as elsewhere provided in this chapter, no structure shall hereafter be erected, altered or increased in height, and no object of natural growth shall be grown, permitted to grow or increase in height in such a way that in any:

(a) Instrument Approach Zone its topmost height above the elevation of the end of the graded landing strip to which such approach zone is appurtenant is greater than 1/40 of its horizontal distance from the end of such graded landing strip, or in any

(b) Sight Approach Zone its topmost height above the elevation of the end of the graded landing strip to which such approach zone is appurtenant is greater than 1/30 of its horizontal distance from the end of such graded landing strip, or in any

(c) Inner Turning Zone its topmost height is greater than 75 feet above the level of and measured at right angles to a line drawn between the midpoints of the ends of any two adjacent landing strips, (from which midpoints such half mile arcs were described) or in any

(d) Outer Turning Zone its topmost height is greater than the permissible height in the inner turning zone (to wit 75 feet) plus one foot of increased height for each 30 feet of distance measured horizontally outward at right angles from the boundary between the inner and outer turning zone, (to wit, such half-mile line) and extending thence outward to the outer boundary of such outer turning zone.

(3) Permits.

(a) Upon the receipt of an application for a building permit from the owner of any property situated within any airport zone, the Building Inspector before passing upon the suitability of such proposed structure, with respect to other requirements of this chapter, shall refer such application to the Town Engineer or such other engineer as may be designated by the Town Board, who, after satisfying himself that the proposed building if erected upon the site specified in the application to the height called for in the plans filed with such application will not exceed the limits set forth in Subsection D(2) above, shall so certify to the Building Inspector; if such Town or other designated Engineer shall find that the proposed building, at the site named in the application, will exceed the height limits established under Subsection D(2) above, he shall ascertain and report to the applicant, the Building Inspector, and to the County Attorney, whether elsewhere on land owned by the applicant such proposed building may be lawfully erected, and if not, to what extent such proposed building upon the original site selected therefor would have to be reduced in height to comply with the regulations contained in Subsection D(2). The Building Inspector shall thereupon pass upon other aspects of the proposed building under the Zoning Ordinance and Building Code and, in the light of all the facts presented, grant or refuse such application. The Building Inspector, on his own initiative or upon complaint of an existing or threatened hazard filed with him by the officer in charge of such airport, shall refer to the Town or other designated Engineer, for survey and report, the matter of any tree or other natural object, the growth of which, since the adoption of this section, has encroached or threatens to encroach upon or project through the ceiling of permissible heights established by this chapter under any approach or turning zone. The report of such Engineer, as to the extent of or likelihood of such encroachment, the seriousness of the hazard occasioned thereby, and other pertinent facts, shall be filed simultaneously with the Building Inspector, the County Attorney, and officer in charge of such airport, and the property owner notified thereof. Thereafter the Building Inspector shall issue such order of abatement as may be appropriate in the circumstances. The property owner affected thereby shall abate such violation within 30 days after which the penalties provided in this chapter shall apply. If such property owner believes that the report is at variance with the facts, or that the violation does not constitute a hazard, he may appeal to the Board of Appeals for a variance, whereupon such Board shall fix the time and place of the hearing thereon after giving due notice to the County of Westchester and the officer in charge of such airport, and to the public, as required by law.

(b) In the event of report of any permit, or the issuance of any order because of the operation of Subsection D(2) above, full explanation shall be afforded to the owner or applicant, with information as to the changes required to make possible compliance with Subsection D(2). For such examination and report no fee shall be charged other than the usual fee for a building permit.

(c) An appeal from any decision of the Building Inspector under this section shall lie to the Zoning Board of Appeals in the same manner as in other appeals under this Zoning Ordinance.

(d) At least 10 days' notice of the hearing on such appeal shall be given to the appellant, and the County Attorney and to the public, in the same way and manner that notice is given to the public as provided in the Town Zoning Ordinance. On such an appeal, the Board, for the purpose of deciding whether to affirm, modify or reverse the decision of the Building Inspector, shall consider whether any reasonable modification of the proposed building or site plan will permit the erection of a usable and suitable building for the fulfillment of a proper purpose and which would constitute a fair and reasonable use of the land and the air rights, which would be permitted under existing zoning regulations in force at the time of the adoption of this amendment in the applicable zones.

(e) Any such decision by the Board of Appeals pursuant to this section, shall be subject to review by certiorari order issued out of the Supreme Court and in which the County of Westchester shall be made a party.

(4) Certain uses prohibited.

(a) Within the airport zones hereinbefore defined, no permit shall be granted to erect any building or structure for the installation of any machinery or apparatus of any kind or to install any such machinery or apparatus in any existing building or structure which, if so operated in said building or said structure, would interfere with the transmission and receipt of radio and other communications between the control station of the Westchester County (Rye) Airport and planes approaching or departing from such airport or traveling in the turning zones hereinbefore established.

(b) Within the airport zones hereinbefore defined, no machinery or apparatus of any kind shall be so operated as to interfere with the transmission and receipt of radio or other communications between the control station of the Westchester County (Rye) Airport, and planes approaching and departing from such airport or traveling in the turning zones hereinbefore established.

E. Planned Unit Development District.

[Added 6-19-1973]

(1) Purposes. In addition to the purposes set forth in Article I of the Town of Rye Zoning Ordinance, the PUD-Planned Unit Development District shall have among its purposes the following:

(a) To provide for an increase in the amount and variety of housing in the Town in an era of increasing urbanization, development costs and awareness of the importance of natural resource preservation thereto; to encourage distinguished architectural expression and innovative design so that these needs may be met by greater variety, type, design and layout of buildings and by a conservation of, and more efficient use of, open space in support of said buildings.

(b) To protect, conserve and enhance natural resources, outstanding natural topography and geological features such as trees, vistas, soil stability, man-made landscaping and other features and to encourage the efficient use of land in relation to public and private facilities and utilities.

(c) To conserve the economic value of land and to strengthen and sustain its taxable potential.

(d) To provide a review procedure which can relate the type, design and layout of residential and nonresidential development to a particularly large site or parcel and to a particular demand for housing, office, commercial, recreational and other supportive uses in a manner consistent with the preservation of property values within and adjacent to established residential and other developed areas, and which will ensure that the increased flexibility over land development authorized herein is subject to administrative standards designed to encourage good development while assuring that such development shall further the purposes of the Town of Rye Zoning Ordinance and of the Comprehensive General Plan for Development of the Town of Rye.

(2) Standards and requirements. In accordance with the standards, requirements and procedures hereinafter specified, all planned unit developments (PUD's), shall conform to and meet the following:

(a) Minimum area. The minimum area required to qualify for a PUD shall be 30 contiguous acres.

(b) Ownership. The parcel of land for a PUD project may be owned, leased or controlled either by a single person, a corporation, or by a group of individuals or corporations. An application must be filed by the owner, contract vendee or jointly by owners of all property included in a PUD project. In the case of multiple ownership, the approved plan shall be binding on all owners.

(c) Location. The PUD District may be applicable to any qualifying area of the Town adjacent to or north of the Hutchinson River Parkway. In addition, all such districts shall have at least 75 feet of frontage on a state, county or major Town road.

(d) Permitted uses. All uses within a PUD District shall be determined by the provisions of this section and the approved plan of the PUD project concerned. The proportion, rate of construction and intensity of each use shall be approved by the Town Board and shall depend upon the unique location, physical factors and economic considerations of each proposed project within and adjacent thereto. Permitted uses may include, and shall be regulated by, the following:

[1] Multifamily residential uses. The development of up to 250 garden apartments, containing a total of 450 bedrooms, with an average of 1.8 bedrooms per dwelling, constructed at a density of approximately seven units per gross acre may be permitted. Dwelling units designed and used for rental purposes shall not exceed an average size of 1,450 square feet per apartment. Their maximum size may be increased to 1,600 square feet and their minimum size shall not be less than 1,100 square feet. "Bedrooms" shall be defined as any space designed or used in whole or in part as sleeping quarters and shall be designated as such on the approved site plan and drawings, which shall thus describe the permitted use of all rooms in each dwelling.

[2] Professional or business office and research laboratory type uses as permitted in the OB-1 District, not to exceed two stories or 35 feet in height, whichever is less, or not to have a floor area ratio which exceeds 0.145. Should the entire office and research laboratory area be placed under long-term lease to, or the ownership of, a single corporate tenant, the floor area ratio may be increased 0.190, provided that there is reasonable evidence that the traffic in the vicinity of the site can be adequately controlled.

[3] Open spaces, either landscaped or left in their natural state, including Subsection E(2)(f) below.

[4] Customary accessory or associated uses such as garages, indoor storage spaces, recreational and community activities, utilities and facilities as may be appropriate in relation to the principal uses listed above. Parking shall be as required in other sections of this chapter, except that multifamily residential uses shall provide at least 1 1/2 parking spaces for each dwelling plus 1/4 for each bedroom.

(e) Buffer areas. Where the PUD abuts residential districts, the required setback of all structures and parking along the abutting property line shall be at least equal to the minimum lot depth of the abutting residential district or 150 feet, whichever is greater. Such minimum setback may be increased or decreased by a maximum of 1/3 by the Town Board upon recommendation by the Planning Board on the basis of field inspection of existing conditions and recommended required buffer planting. Such setback or buffer areas created shall not be disturbed except that their use for passive recreation, landscaping, circulation drives and their temporary disruption for the provision of utilities and facilities may be recommended for approval by the Planning Board in the course of site plan approval. Additional buffer zones may be required for the preservation of community character, health, welfare and to minimize disturbance.

(f) Land for general Town use.

[1] Private common property. In a PUD District, an area or areas may be reserved, together with improvements thereon, for the use and enjoyment of the residents or occupants of the PUD District. Where such private common property exists, satisfactory arrangements shall be made for the improvement, operation and maintenance of such areas and facilities, which shall be approved by the Town Board.

[2] Public area. In a PUD District, at least 10% of the total site area shall be offered and dedicated to the Town for general Town use. Such lands may be included in the allocation of land for determining the maximum density and intensity of land use. Such land shall be exclusive of, and in addition to, areas devoted to public streets, park reservations, private common property and/or utilities.

[3] Easements and on-site improvements. On-site improvements and easements shall be provided as required by the Town for adequate circulation, convenience and safety in, through and adjacent to the proposed development. The developer may offer to provide, subject to governmental approval, pedestrian overpasses or underpasses and pedestrian and bicycle easements wherever deemed necessary by the Town in the interest of safety and convenience and to show community benefit.

(3) Procedure.

(a) Authority. The Town Board shall be the municipal authority designated to grant approval under the PUD District. Whenever any PUD District is proposed, before any special permit for the erection of any building or use in such development shall be granted and before any subdivision plat for any part thereof may be filed in the office of the Westchester County Clerk, the developer or his agent shall apply for and secure approval of such planned unit development in accordance with the following procedures:

(b) Application. The developer shall submit a written application request, including maps where appropriate and an illustrated project plan, to the Town Board containing or making provision for the furnishing of the following: the name and address of the applicant; the location of the land proposed to be developed; a map of existing natural and man-made conditions on and adjacent to the site; the nature of the applicant's interest in the land; the density of land use to be allocated to various parts of the site; the location and size of any common open space; the form or organization proposed to own and maintain common open space, if any; the use, height, bulk, location and general design of buildings and other structures; the proposed provision of water supply and disposition of stormwater and sanitary sewage; the substance of any covenants, grants, easements or any other restrictions proposed to be imposed upon the land or buildings, including easements for public utilities; provisions for parking; locations and widths of streets and pedestrian easements and ways; modifications from the existing Town ordinances governing streets or land use being requested, if any; the projected schedule for development; and the approximate times when final approval would be requested. The above information may be supported by a report stating why the public interest would be served by the proposed development and setting forth the manner in which the proposed planned unit development would meet the objectives of this chapter and the Town Development Plan.

(c) Review fee. An application for rezoning to a PUD District shall be accompanied by a fee of $10 per gross acre or part thereof.

(d) Planning Board referral. Within 30 days of the receipt, the application shall be referred by the Town Board to the Planning Board for review and report as required in Article IV, § 66-6H(1)(b) of the Town of Rye Zoning Ordinance, except as modified below.

(e) Planning Board recommendations. Within 90 days of the application, the Planning Board shall either recommend the granting of tentative approval of the PUD District and project plan as submitted; or recommend the granting of tentative approval, subject to specific conditions and/or requirements; or recommend denial of tentative approval. In recommending the granting or denial of tentative approval, the Planning Board shall set forth in writing its findings as to why the plan would or would not be in the public interest; in what respects the plan is or is not consistent with the objectives of a Planned Unit Development District.

(f) Public hearing. Within 30 days after the filing of the Planning Board report, a public hearing on said application shall be held by the Town Board in the manner prescribed for hearings on zoning amendments.

(g) Final review and approval. If the Town Board grants tentative approval of the project plan, with or without conditions, there shall be set forth in the written resolution as a condition to the time within which an application for final approval of the detailed site plan shall be filed, or, in the case of a site plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. The tentative approval shall authorize the submittal by the applicant of a written report for detailed site plan approval. The tentative approval shall be valid for a period not to exceed 12 months unless an application for site plan approval shall have been filed within that period.

[1] The application for detailed site plan approval shall be made to the Town Board, shall contain the information normally required for site plan approval as well as additional information which may be required by the Town Board and, upon receipt, shall be referred to the Planning Board for a report and recommendations. Such application shall include all necessary drawings, specifications, and such covenants, easements, conditions and performance bonds as were set forth at the time of special permit approval. A public hearing on an application for approval of the site plan shall not be required, unless deemed appropriate and conducted by the Planning Board, provided that the plan submitted for such approval is in substantial compliance with the plan previously given special permit approval.

[2] Within 60 days of referral of the detailed site plan application to the Planning Board for site plan approval, the Planning Board shall either recommend the granting of site plan approval of the plan as submitted; or recommend the granting of site plan approval subject to specific conditions and/or requirements; or recommend denial of site plan approval, provided that such approval may be denied only in instances in which the final site plan is not in substantial compliance with the plan previously given tentative approval. Said recommendations shall be in writing and shall clearly set forth the findings upon which the Planning Board decision was based.

[3] The Town Board shall take final action on the detailed site plan within 45 days of receipt of the Planning Board's report.

[4] The final detailed site plan, as approved, shall be incorporated into the Town of Rye Zoning Ordinance, and the Comprehensive Development Plan of the Town of Rye by the Planning Board, and the Building Inspector shall issue all necessary permits in accordance herewith. The site plan shall also be recorded as a deed restriction applying to the area of the Planned Unit Development District in its entirety.

[5] In the event that the applicant fails, in the opinion of the Town Board, to begin a substantial portion of the planned unit development within 12 months from the date of final detailed site plan approval, then said approval shall be deemed null and void unless said time period is extended by the Town Board. Any performance bond guaranty shall be forfeited or returned to the applicant, at the discretion of the Town Board.

(h) Petition for review. At any time following approval of the final site plan, including the issuance of permits for any part thereof, the applicant may petition for review of the previously approved plan. The Town Board, upon finding that such petition and reasons are reasonable and valid, may reconsider the design of the PUD District and the detailed site plan thereof, and shall follow, in full, the procedure and conditions herein required for original submittal. Each application for modification shall require a separate filing fee.

(i) Improvements or performance guaranties. As a condition of final approval, the applicant shall install all site improvements or the Town shall require the posting of adequate guaranties to insure the installation of said improvements in the manner required by the Planning Board for the guarantee of improvements in subdivisions.

(j) Residential maintenance. The applicant shall comply with Article 9-B of the Real Property Law of the State of New York in regard to condominium ownership and before the issuance of any building permits. The applicant shall execute a covenant running with the land as to the use and maintenance of open spaces, ponds, roads and buildings to be approved by the Town Attorney and the Town Board, which shall include but not be limited to the following:

[1] The Homeowners' association shall be established before the houses are sold.

[2] Membership shall be mandatory for each immediate and successive lot or homeowner.

[3] The open space restrictions shall be permanent.

[4] The Association shall be responsible for liability insurance, local taxes or common elements, and the maintenance of all common element areas and facilities, open space and recreational areas, roads and related facilities.

[5] Homeowners shall pay their proportionate share of the Association's costs, and the assessment levied by the Association shall become a lien on the property if not paid.

[6] The Town, if necessary, shall be permitted to step in and perform any maintenance work which may not have been done or properly accomplished by the Association, and to assess the cost for such work, as well as any taxes which may not have been paid, equally against all property owners within the subdivision.

(k) Miscellaneous. In order to ensure that any plan submitted hereunder progresses in accordance with the intent of this chapter and with other applicable ordinances, rules and regulations of the Town of Rye, County of Westchester and State of New York, the Town Board may retain such independent architectural and/or engineering services as are necessary to properly and competently supervise and evaluate the appropriateness, quality and progress of a plan, the cost of which independent services shall be borne by the Town and/or the applicant upon such terms and in such proportion as are acceptable to both the Town and the applicant. All referrals to federal, state, county, municipal and special districts normally required for amendments to the Town of Rye Zoning Ordinance shall be followed as a condition for PUD and site plan approval.

(4) Every structure or group of structures and uses, including those of institutional or public nature, and every group of structures having services, facilities or utilities in common ownership or control by its occupants, or which functions as an independent corporate property owner or agent or management, shall be located upon and within a lot or plot of land which shall be fully dimensioned and designated as representing the area of responsibility. The extent of each individual or group ownership, or management as may be established by ownership, in full or partial fee, or leased under deed covenant, contract, or such other conditions of usage or occupancy, shall be legally established and recorded. A description or plan of such lots shall be filed as part of the planned unit development with the Town Tax Assessor. The applicant shall provide for and establish an organization for the ownership and maintenance of any common open space, and such organization shall not dissolve, nor shall it dispose of any common open space by sale or otherwise, except to an organization conceived and established to own and maintain the common open spaces.