Village of Scarsdale, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale during codification 3-14-1989 by L.L. No. 10-1989 (see Ch. 1, General Provisions, Art. II); amended in its entirety 10-10-1989 by L.L. No. 18-1989. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 77.
Building construction — See Ch. 132.
Environmental quality review — See Ch. 152.
Flood damage prevention — See Ch. 167.
Freshwater wetlands — See Ch. 171.
Diversion of watercourses — See Ch. 302.
Zoning — See Ch. 310.
Subdivision of land — See Ch. A319.
A. 
Whenever any nonresidential building or any multifamily dwelling is proposed to be erected or enlarged or altered or whenever any dwelling or other structure is proposed to be erected, enlarged or altered on a lot at a distance from the street or on a lot approved by the Planning Board under the provisions of § 7-738 of the Village Law, a site plan for such building shall be submitted to the Planning Board for review and approval, approval with modifications or disapproval. No building permit shall be issued except in conformity with a site plan approved by the Planning Board.
B. 
In considering and approving site plans, the Planning Board shall hold public hearings and may impose appropriate conditions and safeguards with respect to parking, means of access, impact on streets and traffic, screening, signs, landscaping, architectural features, location and dimensions of buildings, setbacks, impact of the proposed use on adjacent land uses, conformity with the village's Comprehensive Plan and such other elements as may reasonably be related to the health, safety and general welfare of the community.
A. 
In the case of each nonresidential building in any Residence A District, the Planning Board may prescribe:
(1) 
The maximum height of all such buildings, which height shall not be greater than the maximum height of residential buildings permitted by this Code.
(2) 
The maximum percentage of the gross area of the lot which may be occupied by the buildings and improvements.
(3) 
The maximum length and width of all such buildings.
(4) 
The minimum distances which such buildings must set back from front, rear and side lot lines, which distances shall not be less than the minimum distances which residential buildings are required by this Code to be set back from such lot lines in the district in which the lot is located.
(5) 
The minimum number of parking spaces to be provided and maintained on the lot, which number shall not be less than the minimum number required by § 310-70 of Chapter 310, Zoning.
B. 
Such requirements may be prescribed after taking into consideration, among other factors, the general character of the neighborhood, the size and location of buildings in the vicinity, extent and types of uses to be made of the proposed building or buildings and traffic conditions and parking facilities in the area, and such requirements shall be consistent with the public health, safety and general welfare of the community and shall be designed, insofar as practicable, to avoid or minimize:
(1) 
Creation of or seriously aggravating a traffic or other hazard.
(2) 
Any significant impairment of the use, enjoyment or value of properties in surrounding areas.
(3) 
Any incongruous or detrimental change in the prevailing character of the neighborhood.
(4) 
Any deterioration of the appearance of the area.
A. 
If the proposed nonresidential or multifamily building or buildings are designed to expand or enlarge facilities existing on October 11, 1966, and presently used for the same or similar purposes, the Planning Board shall take into consideration, in addition to the above considerations, the following:
(1) 
Changes which have taken place since the erection of such existing building or buildings which have led to the proposed expansion or enlargement.
(2) 
Any anticipated future need for further expansion or enlargement.
(3) 
Whether the proposed expansion or enlargement is for educational, religious or benevolent purposes.
(4) 
Whether any curtailment of or relocation of the proposed or existing facilities would result in unnecessary hardship.
(5) 
Alternatives, if any, and the relative costs thereof available to provide for the proposed expansion or enlargement.
(6) 
The size and shape of the lot, the size, shape and location of existing buildings and the relationship thereto of the proposed expansion or new buildings.
B. 
The Planning Board, in determining the requirements to be imposed in connection with proposed nonresidential and multifamily buildings designed to expand or enlarge existing facilities, shall attempt to establish a reasonable balance between any unnecessary or unreasonable hardship to the users of the existing facilities found to exist after consideration of the factors set forth above and a reasonable modification of the standards otherwise applicable to nonresidential or multifamily buildings.
In the Village Center Area, any application for site plan approval shall be accompanied by a plan indicating how the applicant proposes to mitigate any potential impacts upon parking and traffic conditions which may occur during the period of project construction. Approval of such a plan, with such modifications as may be required by the Planning Board, shall be a required element precedent to site plan approval.