Village of Scarsdale, NY Use Restrictions

A private school, including a parochial grade school, middle school or high school, or a college, academy or seminary, except such institution may not be used for a children's day camp.

A club, lodge or community center building, except one whose chief activity is a service customarily carried on as a gainful business.

A hospital, sanatorium or nursing home, not including, however, an institution for the care or treatment of animals.

In each of the above cases, the provisions of § 310-89A(1) of this chapter must be complied with, and such use shall be subject to approval by the Planning Board.

A legal, preexisting, nonconforming use, subject to the provisions of § 310-67 of this chapter.

One real estate sign not larger than three feet high by four feet long on one lot, advertising the sale or letting of only the premises on which it is maintained and wholly outside the public right-of-way and not less than 10 feet from each side lot line which is not a street line; except that where acreage, available for or in the process of subdivision, is advertised for sale or letting, one real estate sign not larger than three feet high by four feet long will be permitted on each 500 feet, or major fraction thereof, of street frontage or, in lieu thereof, one sign not larger than three feet high by eight feet long on a whole frontage of 750 feet or more in length, provided that said signs are set back not less than 30 feet from any street line. The top of any sign provided for in this section shall not be more than eight feet above the ground or curb level, whichever is higher.

[Amended 6-28-2022 by L.L. No. 6-2022]

Uses or buildings customarily incidental or accessory to the uses herein specifically permitted and as permitted in Article XI; such uses shall not include any billboard or advertising sign. This provision shall not be deemed to permit any swimming pool nor to permit any driveway or walk giving access to premises used for public purposes or used for purposes not permitted in a Residence A District. No part of any accessory building shall be used for sleeping or living quarters except by members of the family occupying the principal building on the lot or full-time employees of such family and members of the immediate families of such employees. No part of any accessory building shall be used for the preparation of meals. No part of any lot shall be used for the parking or storage of a commercial vehicle, except when necessary to make deliveries or render services to the occupant of the lot and except as permitted by Subsection K of this section.

A noncommercial greenhouse as an accessory building, provided that any greenhouse heating plant is at least 50 feet distant from all boundary lines of said lot and that no fertilizer is stored within 100 feet of any such boundary line unless kept in airtight storage.

A private garage as an accessory building or as part of the principal building. If the principal building on the lot is a dwelling or is any other building used principally for residence purposes, any private garage on such lot shall be for the sole use of those living in such building and of their guests, except that space for not more than one motor vehicle may be leased, provided that such vehicle is a noncommercial one, and not more than one motor vehicle so garaged on any one lot shall be a commercial vehicle and then of not more capacity than 1 1/2 tons.

A private stable for not more than four horses as an accessory building, provided that such horses are for the sole use of those living in a dwelling on the same lot and of their guests and provided that all parts of such stable are at least 100 feet distant from all boundary lines of said lot.

Playgrounds of a public, private or parochial grade school, middle school or high school on a lot or lots other than the lot on which the principal building is located, but only if the provisions of § 310-89A(4) of this chapter are complied with and such use is determined by the Planning Board to be consistent with the public health, safety, morals and general welfare of the community.

A power transformer station on public property leased for such purpose from the Village.

A swimming pool as an accessory structure to a principal building that is used for residence purposes, for the exclusive use of the occupant of said principal building and his guests, provided that such use is determined by the Board of Appeals to be consistent with the public health, safety, morals and general welfare of the community.

Offices for physicians or dentists, irrespective of the residence of the personnel of such offices, provided that there is no display or advertising on the premises in connection with such use except for one nonilluminated professional nameplate not over three square feet in area and not over three feet in any dimension and provided that such use is permitted by the Planning Board pursuant to § 310-89A(6) of this chapter.

A tennis court, platform tennis court, lawn tennis court or other racket sport facility as a use customarily incidental or accessory to the residential use of a principal building, such incidental use being for the exclusive use of the occupants of said principal building and their guests, provided that such use is determined by the Board of Appeals to be consistent with the public health, safety, morals and general welfare of the community and provided, further, that a special permit for such use has been duly issued by the Board of Appeals.

A receive-only satellite dish antenna as a use customarily incidental or accessory to the residential use of the principal building, such incidental use being for the exclusive use of the occupants of the principal building and their guests, provided that if the antenna has a diameter of more than one meter:

Such use is determined by the Board of Appeals to be consistent with the public health, safety, morals and general welfare of the community.

A special use permit for such use has been duly issued by the Board of Appeals.

Permits residents to install and maintain permanent standby generators in a safe manner and in compliance with all applicable rules, regulations, codes and laws. The installation of permanent standby generators shall be incidental to the residential use and shall be for the exclusive use of the occupants of such principal or accessory building and their guests. This Subsection S does not regulate or authorize the use of portable generators. Permanent standby generators are subject to all of the following:

[Amended 1-22-2013 by L.L. No. 1-2013]

All property owners seeking to install a permanent standby generator must file an application with the Building Department prior to installation. Permanent standby generators shall not exceed 70 decibels on the A scale as measured 23 feet from the unit, in maintenance operation as stated in the manufacturer’s specifications, which shall be submitted with the building permit application

Permanent standby generators must be placed in the principal or accessory building or in an underground facility constructed purposely to house a generator or in the rear or side yard of any property, except that permanent standby generators placed in the side yard in the A3, A4 and A5 zoning districts shall not exceed 66 decibels on the A scale as measured 23 feet from the unit, in maintenance operation as stated in the manufacturer’s specifications, which shall be submitted with the building permit application.

Permanent standby generators shall be set back from the rear lot line at least:

In a Residence AA-1 District: 15 feet.

In a Residence A-1 District: 10 feet.

In a Residence A-2, A-2a or A-3 District: five feet.

In a Residence A-4 or A-5 District: three feet.

Permanent standby generators shall be set back from the side lot line at least:

In a Residence AA-1 District: 20 feet.

In a Residence A-1, A-2 or A-2a District: 10 feet.

In a Residence A-3 District: five feet.

In a Residence A-4 or A-5 District: three feet.

(5)

The permanent standby generator shall be used only during electrical power outages and as required by the manufacturer for maintenance purposes. Maintenance operation shall only take place Monday through Friday between the hours of 8:00 a.m. and 9:00 p.m., and on Saturday, Sunday and holidays from 10:00 a.m. to 5:00 p.m., not to exceed once a week.

(6)

All permanent standby generators must have an electrically operated automatic transfer switch that can be mechanically held pursuant to Article 700.5 of the National Electric Code.

(7)

Applicants for a permanent standby generator shall obtain all permits as required under federal, state and local laws, including the New York State Uniform Fire Prevention and Building Code and the Scarsdale Village Code, as amended from time to time.

(8)

All permanent standby generators shall be installed and maintained in compliance with all federal, state and local laws, including the New York State Uniform Fire Prevention and Building Code (including all referenced codes and standards), as amended from time to time.

(9)

The Village Board of Trustees may, by resolution, impose a fee for the filing of the application as required under Subsection S(1).

§ 310-8 (Reserved) [1]

Editor's Note: Former § 310-8, Residence B Districts, as amended, was repealed 4-8-1997 by L.L. No. 3-1997.

§ 310-9 Residence C Districts.

In any Residence C District, no building or premises shall be used or maintained for any except the following purposes, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following purposes:

Any use permitted in a Residence A District.

[Amended 3-23-1999 by L.L. No. 3-1999]

(Reserved)[1]

Editor's Note: Former Subsection B, regarding home occupations, was repealed 3-26-1996 by L.L. No. 2-1996. See now Art. XI, of this chapter.

A hotel or lodging house, subject to the provisions of § 310-70 of this chapter and provided that there is no display or advertising except for one nonilluminated announcement sign not over 10 square feet in area in the case of a hotel and two square feet in area in the case of a lodging house.

[Amended 3-14-1989 by L.L. No. 6-1989]

In the case of an apartment house or hotel, the office of a physician, surgeon or dentist in the lowest story thereof used or designed to be used for residence or office purposes, even though such physician, surgeon or dentist does not reside on the premises, provided that there is no display or advertising on the premises in connection with such use except for one nonilluminated professional nameplate not over one square foot in area, with letters not exceeding 1 1/2 inches in height.

[Amended 3-14-1989 by L.L. No. 6-1989]

Uses or buildings customarily incidental or accessory to the uses herein specifically permitted in said district and located on the same lot. Except as specifically permitted herein, such uses shall not include any uses customarily carried on as a business nor any billboard or advertising sign. This provision shall not be deemed to permit any driveway or walk giving access to premises used for business purposes or used for purposes not permitted in a Residence C District. No part of any accessory building shall be used for sleeping or living quarters except by members of the family occupying the principal building on the lot or full-time employees of such family and members of the immediate families of such employees. No part of any accessory building shall be used for the preparation of meals.

[Amended 3-14-1989 by L.L. No. 6-1989]

§ 310-10 Buffer Parking Districts.

[Added 3-22-1960; amended 5-13-1975 by L.L. No. 1-1975; 9-27-1994 by L.L. No. 9-1994; 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]

Outdoor off-street parking lots are permitted for use in connection with existing or proposed business buildings on adjacent property zoned for business, provided that such use is permitted by the Planning Board pursuant to § 310-89A(7) of this chapter and provided, further, that the Planning Board shall approve a site plan showing the layout of such parking lot, which site plan shows no display or advertising on the parking lot and provides for such landscaping and screening as the Planning Board shall require for maintenance of good visual appearance of the neighborhood and the parking lot. In considering any such parking lot, the Planning Board shall hold a public hearing and shall take into consideration existing parking and traffic conditions in the surrounding area, the public health, safety and general welfare, the comfort and convenience of the public and the general purposes and intent of this chapter. In approving any such parking lot, the Planning Board may impose such conditions and safeguards with respect to traffic access, circulation, disposition of usable open space, screening, landscaping, surfacing, illumination, maintenance and the general layout as it may deem appropriate.

§ 310-11 Business A Districts.

[Amended 1-27-1959; 10-27-1959]

In any Business A District, no building or premises shall be used or maintained for any except the following purposes, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following purposes:

Stores and shops for the sale at retail of merchandise, and fabrication and repairs normally incidental thereto, except gasoline, oil, junk and live animals or pets, provided that merchandise offered for sale shall be stored and displayed in fully enclosed structures.

Banks.

Railroad stations.

Restaurants or other places serving food or beverages, except lunch wagons and fast-food restaurants and other eating places of a similar type.

[Amended 2-20-1979 by L.L. No. 4-1979]

(5)

Personal service establishments of the following types only:

Barbershop.

Beauty parlor.

Tailoring shop.

Laundry establishments which conform to the following restrictions:

Not more than two automatic washers and two automatic extractor units shall be installed, and each unit shall have a dry-load capacity of not more than 25 pounds.

Finishing equipment shall be restricted to one body form presser, one sleever, one collar and cuff presser, one bosom presser and one folding table.

Rental library.

Employment agency.

Undertaking parlor.

Photographer's studio.

(i)

Travel agency.

(j)

Shoe repair shop.

(k)

Interior decorating shop.

(l)

Home furnishing and equipment repair shop.

(m)

Music and dance instruction.

(n)

Watch repair shop.

(o)

Dry-cleaning establishments which are Type IV dry-cleaning plants as described in the most current version of Chapter 4 of the National Fire Protection Association (NFPA) 32.

[Amended 3-24-1998 by L.L. No. 2-1998]

(p)

Commercial art display studio.

[Added 9-13-1960]

(6)

Offices for the rendering of professional services or for the transaction of business not involving manufacture or the storage of merchandise on the premises.

(7)

A public or private garage or parking lot which:

[Amended 3-24-1998 by L.L. No. 2-1998]

Is an integral part of, or is arranged or designed to be used exclusively in connection with, a building used principally for other business or living purposes.

Has not over 10,000 gallons of fuel storage capacity, all in underground tanks located outside of any building and not nearer than 20 feet to any street line.

Has no oil pump or greasing mechanism or other service appliance outside of any building and no canopy larger than necessary to cover the fuel dispensers.

Has no more than 50 square feet devoted to the sale of prepackaged merchandise unrelated to servicing motor vehicles.

(e)

Confines repair work to the inside of a garage.

(8)

A telephone exchange, provided that such use is permitted by the Planning Board pursuant to § 310-89A(10).

[Added 5-23-1995 by L.L. No. 7-1995; amended 3-23-1999 by L.L. No. 3-1999]

(9)

Receive-only satellite dish antennas of a diameter of two meters or less.

[Added 4-9-1996 by L.L. No. 4-1996; amended 2-8-2000 by L.L. No. 1-2000]

(10)

Residences above the ground floor.

[Added 4-8-1997 by L.L. No. 3-1997]

Notwithstanding the provisions of § 310-11A, no building or premises in any Business A District shall be used for the care or treatment of animals; for incineration, reduction or dumping of offal, garbage or refuse, except the incineration on private premises of garbage or refuse produced on such premises by a device approved by the Building Inspector; for the killing of animals or poultry; or for any trade, business or purpose which is or may reasonably be expected to be noxious or offensive by reason of causing or emitting odor, smoke, vapor, gas, dust, garbage, refuse matter, noise or vibration or that is dangerous or harmful to the comfort, peace, health or safety of the community, that tends to disturb or annoy residents of the Village or that involves any explosion menace or any serious fire hazard.

[Amended 9-27-1994 by L.L. No. 9-1994]

§ 310-12 Village Center Area Districts.

[Added 2-28-1989 by L.L. No. 4-1989[1]]

Purposes and objectives. To guide future growth of the Scarsdale Village Center in a manner consistent with historical patterns of building development and land use; and to establish a carefully designed and orderly development plan that will protect the public health, safety, morals and general welfare; and to promote and implement the comprehensive planning policies and objectives of the Village Board of Trustees, the Village Center Area District, as shown on a map entitled "Scarsdale Village Center Zoning Map," dated March 28, 1988, revised November 1, 1988, including the more specific zones for each block or portion thereof as shown thereon, is hereby officially established and adopted as the Comprehensive Plan and Zoning Map for the Scarsdale Village Center Area.

The underlying long-range planning policies and objectives for the Village Center Area are as follows:

To maintain the present character of the Village Center.

To improve traffic and parking conditions.

To help meet the needs of the community for alternate housing opportunities, including senior citizen housing, and for commercial uses related to community needs.

To maintain a downtown that is functional and attractive to residents and serves as a community focal point.

It is the intent of this section that development for the foregoing purposes does not have to produce a net tax revenue benefit, and neither should it impose a financial tax burden upon the Village.

Village Center Area Zones. The following separate zones applying to specific areas are hereby established within the framework of the Village Center Area District for the purposes specified and in accordance with the regulations as set forth for each:

Village Center Retail - 2.0 (VCR - 2.0).

It is the purpose of this zone to preserve the existing architectural character while reflecting the present nature and intensity of land use in the heart of the Scarsdale Village Center Area and at the same time strengthening its pedestrian shopping pattern. It is recognized that the historical development pattern in this zone is such that the only available parking for existing developed properties is, and will continue to be, that provided in Village parking facilities. However, any proposals for additional building development or for conversion from residential to commercial use should be permitted only if all off-street parking requirements which would result from such an approval can be satisfied on private property by the applicant. The permitted uses within this zone are intended to balance its land use function with its parking limitations.

In the Village Center Retail - 2.0 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following principal purposes:

Ground floor: retail stores, personal service establishments, restaurants and other places serving food or beverages (except fast-food restaurants), and public and semipublic uses, excluding any type of drive-up commercial facility.

Upper floors: ground-floor uses, plus professional, medical and dental, business and administrative offices and residences.

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

[Added 4-9-1996 by L.L. No. 4-1996]

Village Center Retail - 1.0 (VCR - 1.0).

It is the purpose of this zone to encourage the continuation of the present pattern of land use and development in a portion of the Scarsdale Village Center Area which forms an extension of a business district primarily located in the adjacent area of the Town of Eastchester. It is recognized that the historical pattern of building development in this area precludes any substantial provision of on-site parking and that the primary responsibility for meeting those needs will continue to rest with the Village. Any proposal for additional building development or for conversion from residential to commercial use should be permitted only if all off-street parking requirements which would result from such an approval can be satisfied on private property by the applicant.

In the Village Center Retail - 1.0 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following principal purposes:

Ground floor: retail stores, personal service establishments, commercial sale, delivery and/or transfer of firearms, ammunitions, ENDS and/or ENDS components and parts subject to the requirements specified in § 310-89, restaurants and other places serving food or beverages (except fast-food restaurants), and public and semipublic uses, excluding any type of drive-up commercial facility.

[Amended 2-13-2019 by L.L. No. 1-2019]

Upper floors: ground-floor uses, plus professional, medical and dental, business and administrative offices and residences.

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

[Added 4-9-1996 by L.L. No. 4-1996]

Village Center Retail - 0.8 (VCR - 0.8).

It is the purpose of this zone to recognize the existing character of land use and building development in retail blocks located adjacent to the heart of the Village Center Area and to encourage their continued function as an important element of the central pedestrian shopping pattern. Although, for the most part, the properties within these blocks will need to continue to rely upon the Village to satisfy their off-street parking requirements, any existing off-street parking must be continued, or at least replaced in kind, in connection with the approval of any future changes, unless such parking exceeds the requirements of this chapter, in which case it shall not be reduced below such requirements.

In the Village Center Retail - 0.8 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following principal purposes:

Retail stores, personal service establishments, restaurants and other places serving food or beverages (except fast-food restaurants), and public and semipublic uses, excluding any type of drive-up commercial facility.

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

[Added 4-9-1996 by L.L. No. 4-1996]

Village Center Office - 2.0 (VCO - 2.0).

It is the purpose of this zone to recognize the existence of an office building development within the Village Center Area and to establish standards and requirements in relation to it which will allow its continued use, but not its intensification, in a reasonable manner consistent with the achievement of the Village's long-range planning policies. Any existing off-street parking must be continued in connection with the approval of any future changes, unless such parking exceeds the requirements of this chapter, in which case it shall not be reduced below such requirements.

In the Village Center Office - 2.0 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following principal purposes:

Professional, medical and dental, administrative and business offices, public and semipublic uses, real estate offices, travel agencies, residences and telephone exchanges if permitted by the Planning Board pursuant to § 310-89A(10).

[Amended 5-23-1995 by L.L. No. 7-1995; 3-23-1999 by L.L. No. 3-1999]

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

[Added 4-9-1996 by L.L. No. 4-1996]

(5)

Village Center Office - 0.8 (VCO - 0.8).

It is the purpose of this zone to allow the continued use and development of a portion of the Village Center Area for retail and service business purposes, including some which may not be functionally appropriate within the heart of the Village Center Area but which are nevertheless recognized as being necessary to serve the commercial needs of Village residents. Standards governing the height of buildings and the type and intensity of land use in this district are designed to recognize the existing lot size and development pattern in this area, as well as the nature of neighboring land uses, and to allow for all future parking needs to be met on site.

In the Village Center Office - 0.8 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following principal purposes:

Retail stores, personal service establishments, restaurants and other places serving food or beverages (except fast-food restaurants), banks, professional offices, medical and dental offices, service stations, public and semipublic uses, real estate offices, travel agencies and telephone exchanges if permitted by the Planning Board pursuant to § 310-89A(10). For service stations, there shall be no canopy larger than necessary to cover the fuel dispensers and no more than 50 square feet devoted to the sale of prepackaged merchandise unrelated to servicing motor vehicles.

[Amended 5-23-1995 by L.L. No. 7-1995; 3-24-1998 by L.L. No. 2-1998; 3-23-1999 by L.L. No. 3-1999]

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

[Added 4-9-1996 by L.L. No. 4-1996]

Accessory drive-up facilities to permitted principal uses shall be allowed in this zone, but only when it is determined by the Planning Board that such facilities can be safely and properly located on a site, as demonstrated on a plan reviewed and approved by said Board.

(6)

Planned Unit Development - 0.8 to 1.4 (PUD - 0.8 to 1.4).

It is the purpose of this zone to allow for the redevelopment of a significant site in a transitional location on the periphery of the Village Center in a manner intended to achieve the accomplishment of the Village's long-range planning policies and objectives, including, in particular, the provision of alternate housing opportunities and short-term public parking, and to do so in character with the surrounding land use and development pattern.

In the Planned Unit Development - 0.8 to 1.4 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following principal purposes:

Ground floor: subject to special permit by the Village Board in accordance with the standards and requirements of § 310-28.1B hereof, retail stores, restaurants (except fast-food restaurants), banks, personal service establishments and public and semipublic uses, excluding any type of drive-up commercial facility. Notwithstanding any other provision or requirements of this chapter, the parking requirement for such uses shall be the same as that for retail stores.

[Amended 5-23-2006 by L.L. No. 2-2006]

All floors: residences, provided that no less than 10% of the residential floor area ratio is devoted to senior citizen housing with priority for Scarsdale residents and, in addition, public parking subject to special permit by the Village Board in accordance with the standards and requirements of Subsection C(3)(a)[6] and § 310-28.1B hereof, and telephone exchanges if permitted by the Planning Board pursuant to § 310-89A(10).

[Amended 5-23-1995 by L.L. No. 7-1995; 3-23-1999 by L.L. No. 3-1999]

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

[Added 4-9-1996 by L.L. No. 4-1996]

(7)

Planned Unit Development - 1.0 (PUD - 1.0).

[Amended 4-9-1996 by L.L. No. 4-1996; 3-24-1998 by L.L. No. 2-1998; 12-11-2001 by L.L. No. 15-2001]

It is the purpose of this zone to allow for the redevelopment of major sites in the Village Center Area in a manner which will best help to achieve the accomplishment of the Village's long-range planning policies and objectives, including, in particular, the provision of alternate housing opportunities, including senior citizen housing, and to do so in character with the surrounding land use and development pattern. It is the further purpose of this zone to encourage improved pedestrian and traffic linkages across the railroad.

In the Planned Unit Development - 1.0 Zone, no building or premises shall be used or maintained and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed and intended to be used for any except the following principal purposes:

Retail stores, personal service establishments, restaurants and other places serving food or beverages (except fast-food restaurants), banks, medical, dental, and professional offices, public and semipublic uses, excluding real estate offices and any type of drive-up commercial facility. If located in a building containing residences, these uses shall be limited to ground floor levels.

[Amended 4-22-2003 by L.L. No. 9-2003]

Residences, provided that no less than 10% of the residential floor area ratio is devoted to senior citizen housing with priority for Scarsdale residents. A "senior citizen household" is a household in which at least one resident member has attained the age of 65 years or more on the date that such household initially occupies the dwelling unit.

Parking subject to special permit by the Village Board in accordance with the standards and requirements of Subsection C(3)(a)[6] and § 310-28.1B hereof.

[4]

Receive-only satellite dish antennas of a diameter of one meter or less when mounted on the roof.

Design review. The Village Center Area, because of its distinctive architectural style, its historical pattern and character of building development, its open spaces and vistas and its role as an important community focal point, is hereby designated as a special design district. The purpose of this designation shall be to assure that the construction, reconstruction, modification, alteration, enlargement or other change in the design of buildings and uses on properties within the Village Center Area is in harmony with the established design character of such area, is consistent with the preservation of the economic value of other properties situated therein and is otherwise consistent with the purposes of this Comprehensive Zoning Plan.

Procedure. The Planning Board, as a part of the site plan review process, shall refer any application within the Village Center Area District involving the construction, reconstruction, modification, alteration, enlargement or other change of any structure or site layout to the Village Board of Architectural Review for its report and recommendations. The Board of Architectural Review, upon its receipt of such referral, shall, within 45 days of the date thereof, review the application, inspect the subject property and its relationship to surrounding areas, consider the proposed development in relation to the design guidelines as set forth in Subsection C(3) below in this section, meet with the applicant and prepare and submit an advisory report and recommendations, as appropriate, to the Planning Board.

Professional advice. In addition to the recommendations of the Board of Architectural Review as described above, the Planning Board shall obtain such other professional advice and assistance in connection with the review of the design aspects of applications for site plan approval in the Village Center Area as it determines to be necessary or appropriate, the reasonable cost of which, if any, shall be reimbursed to the Village by the applicant.

Design guidelines. It is the objective of the guidelines hereinbelow set forth to establish a general design framework which will maintain and respect the present architectural character and scale of buildings in the Village Center Area, ensure that the area continues to develop as an attractive, convenient and secure center which functions as a focal point for local residents, provides a blending of landscaped open space and structures which relate harmoniously to their immediate neighborhood and to the Village as a whole and provides visual interest and variety in the treatment of facades, roofs, sidewalks and landscaped areas. In reviewing applications for site plan approval for properties in the Village Center Area, the Planning Board may attach more or less weight to any guideline in relation to other guidelines, as may be appropriate under the particular circumstances presented by a specific application, including without limitation the character of existing or proposed uses adjacent to the property which is the subject of the application. The guidelines are set forth in Subsection C(3)(a), (b), (c) and (d) below:

Architectural character. New building development in the Village Center Area shall be designed in such a way as to respect the scale and architectural character of existing structures and enhance the pedestrian experience at grade level. In applying such standard, the Planning Board shall consider the manner and extent to which an application for site plan approval contains architectural features consistent with such standards and with the purposes and objectives set forth above in this section, including, without limitation, the following architectural features:

The design of buildings as an integrated part of an overall site design related to other surrounding development and topographical conditions.

Treatment of the sides and the rear of proposed buildings in a manner substantially consistent in appearance, amenity and quality of materials to the treatment given to their street frontage, as may be appropriate in view of the degree of visibility of the sides and rear of such buildings from nearby properties or from vantage points of higher elevation.

Unity and compatibility of a building with adjacent structures, as affected by the following exterior design elements:

The nature and use of surfacing materials.

The height of cornices, lintel and sill levels, articulated floor levels and other horizontal building features.

The spacing and proportion of columns, piers and other elements of the basic structural grid.

The spacing and proportion of window and door openings, bays or other aspects of building fenestration.

[e]

Colors, textures and the general nature of exterior materials and treatment, including building ornament and trim.

[f]

Treatment, screening or enclosure of all utility, mechanical or elevator installations.

[4]

The design of building facades in retail districts to present a varied appearance at street level and to give individual identity to each store or building unit; limit blank wall exposures; encourage window shopping; provide opportunities for modulated pedestrian frontage with planters, recesses for planting or other such architectural treatments; and provide for weather protection, such as awnings and canopies or other projections or the use of covered arcades set behind the building facade.

[5]

The design of building facades to reflect the scale of existing building development through modulation of vertical and horizontal elements, by features such as:

Variation in roof heights in order to create an interesting skyline in scale with existing surrounding buildings.

Changes in the predominant wall plane and in facade elements such as window openings, balconies or other facade treatments.

Use of horizontal projections or recesses such as bay windows, cornices, balustrades, etc.

Use of pitched roofs and other roof elements such as cross gables, dormer windows and turrets to provide visual continuity with neighboring uses, reduce the scale of continuous roofs and break the line where the building meets the sky.

[6]

The location of off-street parking completely below ground or otherwise screened from public view, preferably by another building or use. No parking shall be permitted on any visible building roof.

[7]

Avoidance of more than one level of parking located at or above the ground-floor level along the building frontage in any VCR or VCO District.

[8]

The use of exterior walls of parking levels as visual screens and architectural integration of such walls with the remainder of the building.

[9]

Avoidance of building materials which would result in jarring and incongruous contrasts, both within new development and when seen against existing buildings.

Landscaping. Encouragement of a coordinated landscape design incorporating the landscape treatment for all open spaces, walks, access roads and parking areas in the Village Center Area into a continuous and integrated design is a primary objective of these guidelines. All open spaces, pedestrian walks, parking areas and interior drives shall be designed as an integral part of an overall site design, properly related to existing and proposed buildings. Wherever possible, attractively landscaped open spaces shall be provided which will offer maximum usability to users of buildings as well as for the general public. Such open spaces shall be located so as to take into consideration existing views and the creation and preservation of centrally located landscaped areas and plazas. In applying such standards, the Planning Board shall consider the manner and extent to which an application for site plan approval contains landscaping features consistent with such standards and with the purposes set forth above in this subsection, including without limitation, the following landscaping features:

Landscape treatment of plazas, pedestrian areas, courtyards and similar areas, including a mix of shade trees and other plant material such as ground cover and shrubs, with proper regard for factors such as micro-climate, function of area, existing plantings and required maintenance, in determining the species, scale and planting pattern.

Softening of the visual impact of parking areas by screening of all parking areas from street view, by interrupting continuous rows of parking spaces with planting and by creating planted canopies over parking areas.

Internal landscaping covering at least 10% of the area of any open parking lot of 15 or more spaces and dispersal of landscaped areas throughout the parking lot and the use of salt-tolerant shade trees as primary landscaping materials, with salt-tolerant shrubs and ground cover used to complement the tree landscaping.

[4]

The use in grade level parking areas, walks and other surface areas of paving materials which offer some variety of pigments and textures which are in harmony with nearby buildings and paved areas and are safe for pedestrian traffic, including the handicapped.

[5]

The use of covered and trellised outdoor spaces, such as loggias, arcades and colonnades in order to provide shade, transition between indoors and outdoors and to add visual interest, shadow and depth to building elevations.

[6]

Planting of sidewalks with regularly spaced, salt-tolerant shade trees, selected with regard to the following factors:

The quality and character of existing plantings on the street.

The scale of the roadway and width of sidewalk areas as well as the type of traffic use.

The need to provide for or maintain visibility of storefront displays and shop signs.

The height and spacing of existing lighting.

Streetscape.

All streets, sidewalks, curbs and other sidewalk elements within public rights-of-way shall be designed to the standards of the Village of Scarsdale and shall be consistent with all design criteria.

Signage shall be designed so that it is visible and informative at the pedestrian scale and consistent within the Village Center Area District. The following design controls shall apply:

Street-oriented signs shall be limited to facia bands above the store window, on the vertical facia of any sunscreen or awning or on the window of the store.

Signage design shall be carefully integrated with other design elements.

All signs shall be stationary and contain no visible or moving parts, nor shall they contain neon or flashing illumination or exposed gas-type illumination. If illuminated, the source of illumination must be shielded from streets, walkways and adjoining properties.

Prohibited items shall include product advertisement outside of any retail space, signs mounted above the eave line of any structure, internally illuminated plastic signage and signs placed in or attached to windows.

Lighting. Lighting standards of clean, compatible, conservative contemporary design and adequate illumination shall be provided as necessary. Exterior lighting may be used to light doors, steps, gardens and drives but shall be located and shielded to prevent glare on other properties and shall be limited in hours of operation, as appropriate. Floodlighting, other than as required for safety and security purposes, shall not be permitted. Proposed streetlighting shall be coordinated with street tree planting plans.

Decision. Based upon the Comprehensive Plan and design guidelines as set forth herein for the Village Center Area District, and taking into consideration, among other things, the report and recommendations of the Board of Architectural Review and the Planning Board's professional design advisor(s), the Planning Board shall, as a condition of site plan approval, require such modification to the proposed architectural and/or site design, including building height, bulk, setback, facade treatment, materials, color, roof shape, site lighting, signage, landscaping, paving and other such features, as the Planning Board may determine necessary or appropriate to achieve the purposes as set forth herein.

Editor's Note: This local law also provided for the repeal of former § 310-12, Business B Districts, as amended.

§ 310-13 Business C Districts.

In any Business C District, no building or premises shall be used or maintained for any purpose except the following purposes, and no building shall hereafter be erected, enlarged or altered if, as so erected or as a result of such enlargement or alteration, such building or any part thereof is arranged, designed or intended to be used for any except the following purposes:

[Amended 1-22-1985 by L.L. No. 4-1985; 4-9-1996 by L.L. No. 4-1996; 4-8-1997 by L.L. No. 3-1997]

Any use permitted in a Residence A District, except residences and satellite dish antennas of a diameter of more than one meter. Receive-only satellite dish antennas of a diameter of one meter or less are permitted when mounted on the roof.