[Amended 3-14-1989 by L.L. No. 6-1989]
This chapter may be cited as the "Zoning Law of the Village of Scarsdale."
[Amended 4-27-1965; 5-10-1966; 2-20-1979 by L.L. No. 4-1979; 1-24-1984 by L.L. No. 1-1984; 10-28-1986 by L.L. No. 11-1986; 2-28-1989 by L.L. No. 4-1989; 3-14-1989 by L.L. No. 6-1989; 3-12-1991 by L.L No. 1-1991; 9-27-1994 by L.L. No. 9-1994; 5-23-1995 by L.L. No. 7-1995; 3-26-1996 by L.L. No. 2-1996; 1-14-1997 by L.L. No. 1-1997; 4-8-1997 by L.L. No. 3-1997; 3-23-1999 by L.L. No. 3-1999; 12-11-2001 by L.L. No. 15-2001; 2-28-2012 by L.L. No. 2-2012; 1-22-2013 by L.L. No. 1-2013; 1-13-2015 by L.L. No. 1-2015]
The words and phrases set forth below have the following meanings when used in this chapter:
- Cartridge cases, primers, bullets, or propellant powder designed
for use in any firearm.[Added 2-13-2019 by L.L. No. 1-2019]
- Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
- BUILDING, ACCESSORY
- A separate building, such as a private garage, private toolhouse, studio, gazebo, children's playhouse or a noncommercial greenhouse, which is accessory to a principal building on the same lot and which is used for purposes customarily incidental to those of the principal building. Where an accessory building is located within 10 feet of the principal building, unless located in the rear yard of a lot which is less than 110 feet in depth, such accessory building shall be considered part of the principal building for setback purposes.
- BUILDING, NONRESIDENTIAL
- A building which is used primarily for other than residential purposes.
- COMMERCIAL SALE OF ENDS
- The sale of one or more ENDS.[Added 2-13-2019 by L.L. No. 1-2019]
- COMMERCIAL SALE OF ENDS COMPONENTS AND PARTS
- The sale of one or more ENDS components and/or parts.[Added 2-13-2019 by L.L. No. 1-2019]
- COMMERCIAL SALE OF FIREARMS
- The sale of one or more gun, pistol, or any other firearm
capable of discharging ammunition.[Added 2-13-2019 by L.L. No. 1-2019]
- An open unoccupied space other than a yard on the same lot with a building and bounded on at least three sides by such building. An outdoor court is a court which for its full required minimum width opens without obstruction on a street or on an unoccupied space at least 15 feet wide on the same lot and adjoining a boundary line of such lot and which court has a maximum horizontal dimension not exceeding twice its width. An "inner court" is any court other than an outer court.
- CURB LEVEL
- For the purpose of measuring the height of a building, the mean of the established curb level in front of the building. If no curb exists, the curb level shall be deemed to be the mean of the established grade at the center line of the street in front of the building. If the lot is higher than the curb level as defined above, the average level of the finished grade of the lot along the front wall of any building to be erected thereon may be taken as the curb level for the purpose of determining all vertical measurements. If a lot fronts on two or more streets of different levels, the mean curb level of the highest street may be taken as the curb level for the purpose of determining all vertical measurements within a distance of 120 feet back from the street line of the highest street. If a building exceeds 100 feet in length along a street, each 100 feet thereof shall conform to the highest regulations of this chapter, and the curb level, for the purpose of determining the permitted height, shall be the mean curb level in front of each 100 feet of such building.
- DWELLING UNIT
- The quarters designed to be used as a dwelling by one family.
- ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS)
- Noncombustible tobacco products that use an electronic or
other power source to heat e-liquids, tobacco, or other material derived
from tobacco to create an aerosol, including but not limited to vapes,
vaporizers, vape pens, hookah pens, electronic cigarettes, and e-pipes.[Added 2-13-2019 by L.L. No. 1-2019]
- ELECTRONIC NICOTINE DELIVERY SYSTEM (ENDS) COMPONENTS AND PARTS
- Products used in conjunction with ENDS, including but not
limited to e-liquids, atomizers, cartridges, cartomizers and clearomizers,
tank systems, drip tips, and flavorings for ENDS.[Added 2-13-2019 by L.L. No. 1-2019]
- Any number of individuals, related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit, using rooms and housekeeping facilities in common and having such meals as they may eat at home prepared and eaten together.
- A structure of wood, metal or plastic, or any combination thereof, erected to enclose, separate, divide or define a lot or a portion thereof.
- Any firearm as defined in 18 U.S.C. § 921(a)(3),
"antique firearm" as defined in 18 U.S.C. § 921(a)(16),
and the components, parts and accessories thereof.[Added 2-13-2019 by L.L. No. 1-2019]
- FLAT ROOF
- A flat roof is one with a rise of not more than 1/2 inch per foot.
- FLOOR AREA RATIO
- The gross floor area on a lot divided by the gross lot area. Any area of land dedicated to the Village of Scarsdale for parking, roadway widening or traffic circulation purposes, if contiguous to the lot or within 200 feet therefrom, shall be calculated as a part of gross lot area for FAR purposes. If part of a lot is used for railroad tracks, 1/2 of the area so used may be counted in calculating the gross floor area permitted on the lot, provided that construction is actually proposed over such railroad track area or such area above the tracks is permanently preserved for open space purposes.
- GARAGE, PUBLIC
- A garage operated for gain, whether or not it is available to the public generally.
- GROSS FLOOR AREA
- The sum of the gross horizontal areas of all floors of a building measured to the exterior of the outside walls of the building, but excluding any floor area housing building mechanical equipment, basement storage to which the public is not admitted and floor area devoted to required or incentive off-street parking and loading facilities.
- GROSS LEASABLE FLOOR AREA
- The total floor area designed for tenant occupancy and exclusive use on all floors, including mezzanines, but excluding floor area used for parking or for basement storage to which the public is not admitted, measured from the center line of joint partitions and from the interior of outside walls and walls adjoining common areas, such as hallways, elevator shafts, etc.
- GROSS LOT AREA
- The total horizontal area included within the property lines bounding a lot.
- GROUND FLOOR
- Any floor or floors designed to provide direct access to a street or to a public pedestrian area adjacent to a street, with less than half a story of grade change from such street.
- For buildings in Residence A District, the vertical distance measured, in the case of a building with a flat roof, from the proposed final grade or the existing grade, if that is lower, along the perimeter of the building to the level of the highest point of the roof beams and, in the case of a building with a pitched roof, from the proposed final grade or the existing grade, if that is lower, along the perimeter of the building to the level of the point midway between the peak and the plate of the highest section of the roof. For buildings in all other districts, "height" is the vertical distance measured, in the case of a building with a flat roof, from the curb level to the level of the highest point of the roof beams and, in the case of a building with a pitched roof, from the curb level halfway between the top of the plate and the ridge.
- LINE, FRONT LOT
- The "front lot line" of a lot which is not a corner lot is its street line or, if such lot extends through a block, the street line from which the principal building sets back the lesser distance. However, in the case of a lot no part of which adjoins any street, "front lot line" is the boundary line of such lot which is designated as such in an application for a permit to erect or alter a building on such lot or, if not so designated, the boundary line which is nearest and most nearly parallel to a street, or as designated by the Planning Board pursuant to § A319-27L. In the case of a corner lot, the "front lot line" is the front street line, as designated in an application for a permit to erect or alter a building on such lot or, if not so designated, the street line from which the principal building sets back the greatest distance or, if its setback is equal distance from two or more street lines, the street line which is nearest to the main entrance of the principal building.
- LINE, REAR LOT
- The lot boundary line which is opposite and most distant from the front lot line or, in the case of a lot which is irregular in shape, the lot boundary line which is most nearly parallel to and at the greatest average distance from the front lot line, or as designated by the Planning Board pursuant to § A319-27L.
- LINE, SIDE LOT
- Any lot boundary line which is not a front lot line or a rear lot line.
- LINE, STREET
- The boundary between a lot and the edge of street right-of-way shown on the official map of the Village and/or on a filed map in the office of the Westchester County Clerk, regardless of whether such right-of-way is a public street, a private street open to public use or an undeveloped street.
- A parcel or plot of land shown on a plat filed in the County Office of Land Records and occupied or designed to be occupied by one principal building and its accessory buildings if any, including such yards or open spaces as are arranged or designed to be used in connection with such buildings.
- LOT, DEPTH OF
- The mean horizontal distance from its front lot line to its rear lot line, measured in the general direction of its side lot lines.
- LOT, IMPROVED
- A lot on which a building or buildings stand. An "unimproved lot" is a lot on which no building stands.
- LOT, WIDTH OF
- The mean width of a lot measured at right angles to its depth.
- A. In determining the part of a building or story thereof which is nearest to a particular lot line, there shall be disregarded, if such building is in any residence district, the below-specified portion nearest to such lot lines of the following parts of such building or story:
- (1) Windowsill, belt courses or other ornamental features: six inches.
- (2) Cornices: three feet.
- (3) In the case of a front lot line, bay windows on the ground story, not aggregating in width more than 1/3 of the frontage of the building: three feet.
- (4) In the case of a front or rear lot line, an open porch or stoop on the ground story: five feet. In the case of a front lot line, such open porch may have a roof that is supported by columns, but may not be enclosed or screened on the sides or front, and is limited to a width of no more than four feet wider than the entry door and a height of no more than 1 1/2 stories. The roof may not extend past the five-foot allowance.
- B. There shall be disregarded, if such building is in a Residence C District or a business district, the below-specified portion nearest to such lot line of the following parts of such building or story:
- (1) In the case of a side or rear lot line, chimneys, each not exceeding 10 square feet in horizontal cross section: two feet.
- (2) In the case of a side or rear lot line, a fire escape, outside stairway or balcony to a fire tower, as permitted by Chapter 132, Building Construction and Fire Prevention, of this Code: five feet.
- PARKING SPACE FOR ONE MOTOR VEHICLE
- An area available for parking an automobile, exclusive of adequate ingress and egress driveways and aisles, subject to the requirements specified in § 310-70.
- PERMANENT STANDBY GENERATOR
- A backup electrical system powered by a permanent fixed fuel source, including but not limited to natural gas, liquid propane or diesel that has:
- PERSONAL SERVICE ESTABLISHMENT
- An establishment engaged in providing services generally to individuals, such as a dry cleaner, beauty salon, barbershop, shoe repair shop, portrait photographic studio and other such similar uses.
- PROFESSIONAL OFFICE
- The office of a professional engineer, architect, landscape architect, surveyor, certified public accountant or attorney.
- RESIDENCE PURPOSES
- A building or a part thereof shall not be deemed to be "used for residence purposes" unless it is used for such purposes by persons other than a janitor or caretaker of such building or the family of such janitor or caretaker.
- RESTAURANT, FAST-FOOD
- A business enterprise primarily engaged in the retail sale of meals selected by patrons from a limited number of prepared, specialized items, such as but not limited to hamburgers, chicken, fish and chips, pizza, tacos and hot dogs, for consumption either on or off the premises, served in disposable containers in a facility where the major portion of the sales to the public is by drive-in or stand-up service.
- RETAIL STORE
- An establishment engaged in selling merchandise for personal
or household consumption and rendering services incidental to the
sale of the goods, excluding the commercial sale, delivery and/or
transfer of firearms, ammunitions, ENDS, and/or ENDS components, and
parts.[Amended 2-13-2019 by L.L. No. 1-2019]
- SEMIPUBLIC USE
- Any religious or private educational use permitted in a residence district, as well as office, meeting and similar facilities of charitable, fraternal and community organizations.
- The shortest horizontal distance from a lot line to the part of the building or of the story which is nearest to such lot line.
- As applied to fences, walls and retaining walls, having less than 50% open space when viewed from a position which is at a right angle to the face of the fence, wall or retaining wall.
- That part of a building included between any floor and the floor next above or, if there is no floor above, the ceiling or flat roof above.
- STORY, FIRST
- For the purpose of determining a building's height in stories, the lowest story whose exterior walls or at least all of the area of one and at least 80% of the area of each of the remaining exterior walls are entirely above the level of the ground adjacent to the building.
- A road or highway, available for use as a thoroughfare by the public generally, which affords the means of access to adjoining property.
- An assembly of materials forming a construction designed for useful purposes, including, among others, buildings, stadiums, swimming pools, tennis courts, handball walls, decks, balconies, signs, radio towers, water tanks, storage sheds, equipment pads and shelters.
- SWIMMING POOL
- Any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside any building.
- TELEPHONE EXCHANGE
- A telephone company central office in which lines are connected to permit telecommunications service. Such central office does not serve as a supply depot or dispatch point for external work orders for a telephone company or as a manufacturing or repair facility or include wholesale distribution operations or retail sales or include storage of trucks or other industrial equipment.
- A structure of wood, stone, brick, concrete or other masonry materials or any combination thereof, more than two feet high, erected to enclose, separate, divide or define a lot or a portion thereof.
- WALL, RETAINING
- A wall designed to retain or resist the lateral displacement of earth or other materials, whether or not it serves to enclose or subdivide any part of the lot on which it is located.
- YARD, FRONT
- The space within and extending the full width of the lot from the front lot line to the part of the principal building which is nearest to such front lot line.
- YARD, REAR
- The space within and extending the full width of the lot from the rear lot line to the part of the principal building which is nearest to such lot line.
- YARD, SIDE
- The space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.
[Amended 3-28-1961; 2-28-1989 by L.L. No. 4-1989; 3-14-1989 by L.L. No. 6-1989; 3-12-1991 by L.L. No. 1-1991; 4-8-1997 by L.L. No. 3-1997]
For the purposes of this chapter, the Village is hereby divided into districts as follows:
Editor's Note: Section 14 of this local law provided as follows: "This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.)
[Amended 1-26-1965; 2-28-1989 by L.L. No. 4-1989; 3-14-1989 by L.L. No. 6-1989; 2-13-2013 by L.L. No. 3-2013]
The boundaries of these districts are hereby established as shown on a map thereof, entitled "Official Zoning Map," Village of Scarsdale, Westchester County, New York," dated December 22, 1964, and updated January 21, 2013, a copy of which, identified by the signature of the Village Clerk, is filed in the office of the Village Clerk.
A copy of said map may be found at the end of this volume. Said map, which shall be deemed to include all explanatory matter thereon, is hereby declared to be a part of this chapter.
The districts as defined in § 310-3 of this chapter and as shown on said map are hereby created and established. If a district boundary line does not follow lot lines and tract lines, existing or extended, the middle or side lines of streets or rights-of-way, existing or extended, or municipal boundary lines and, if the exact location of such line is not otherwise specifically indicated on the above-mentioned map, such lines shall be considered to be 150 feet back from and parallel to the nearest street line.
[Amended 1-23-2001 by L.L. No. 4-2001]
Subject to the provisions of § 310-67 of this chapter, no building or premises or any part thereof in the Village shall be used or maintained for any purpose other than the uses permitted therefor by this chapter; no building or part of a building in the Village shall be erected, enlarged, altered or maintained except in conformity with the provisions of this chapter; and no building or part of a building in the Village shall be used or maintained if erected, enlarged or altered other than in conformity with the provisions of this chapter.