[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.
[Amended 1-10-2023 by L.L. No. 2-2023]
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.
Whenever any land-disturbing activity within the adjoining property buffer area, as defined in § 254-4, is proposed, a site plan shall be submitted to the Planning Board pursuant to § 254-10.1 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.
C.
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.
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.
[Added 8-10-2021 by L.L.
No. 5-2021]
A.
The construction or enlargement of any residential property in a
Residence A Zoning District with a proposed gross floor area of 15,000
square feet or more shall require site plan approval from the Planning
Board.
B.
All applications for site plan approval under this section shall be accompanied by plans and sketches of the lot(s), premises and buildings in question, showing the location and architectural elevations of the present and proposed buildings or construction. In addition, the application shall be accompanied by such additional information as may be required by the Building Inspector and by the Planning Board rules and regulations, as contained in Chapter A319 of this Code. The provisions of Chapter A319-43 pertaining to application requirements for site plans and special use permits for a nonresidential building or multifamily dwelling shall also be applicable, as appropriate, to site plan applications under this section.
