[Added 3-26-2002 by L.L. No. 1-2002]
A.
The unique character of residential neighborhoods
in Scarsdale rests on the diversity in the style and design of houses
as well as the general uniformity in the scale of houses located on
similarly sized lots in neighborhoods throughout the community. The
recent trend of tearing down existing houses and replacing them with
larger houses or building large additions to existing houses threatens
the appearance and impacts upon the health, safety, welfare, and quality
of life of Scarsdale.
B.
This article establishes a maximum floor area ratio
(FAR) for all single-family and two-family residences in the Residence
A Zones. It responds both to the desire of residents to enlarge their
homes to meet the needs of their families and to preserve neighborhood
character by requiring houses to appear to be of the same or similar
scale to others in the neighborhood. It is the intent of this article
to encourage both new houses and expansions or alterations to existing
houses to have a consistent scale with the nearby residences on both
sides of the street. The FAR provisions are intended to be applied
together with other provisions of the Village Code, including the
provisions for lot coverage.
[Amended 12-11-2007 by L.L. No. 15-2007]
Words used in this article shall have the meanings indicated in Chapter 310, Zoning, § 310-2, and, in addition thereto, the following terms shall have the meanings indicated:
An outdoor platform attached to the principal structure of
a building and built above the natural grade. A deck does not have
a roof and is exposed to the elements.
A subunit of a structure interrupting a roof slope with its
own walls and roof, and characterized by the roof shape, including
but not limited to flat, decked, hipped, shed, gabled, inset, arched,
segmental, and eyebrow styled roofs.
The sum of the gross area of all floors of a residence, measured to the exterior of the outside walls. In calculating the gross floor area of houses in the Residence A Zones for the purpose of calculating floor area ratio (FAR), all floor areas of each floor of all principal and all accessory structures on the lot shall be included, except for the portion which may be exempted as provided in § 310-103. Any interior space with a floor-to-ceiling height in excess of 14 feet shall be counted twice.
The distance between the finished floor and the finished
ceiling of an interior space. The distance shall be equal to the length
of a theoretical line drawn from the floor to a point of the highest
portion of the ceiling directly above it and is perpendicular to the
horizontal plane of the floor.
With regard to a building or any part thereof, the condition
of being or appearing to be disproportionately large, bulky, or massive
relative to the other buildings in the surrounding neighborhood (particularly,
but not limited to, the buildings on contiguous tax lots) and/or relative
to the size of the tax lot upon which the building is situated; also,
with regard to any one part of a building (or an addition to a pre-existing
building), the condition of being or appearing to be disproportionately
large, bulky, or massive relative to any other part of the same building
(or, in the case of an addition, relative to the pre-existing building);
with regard to an accessory structure, the condition of being or appearing
to be disproportionately large, bulky, or massive relative to the
principal structure, the other buildings in the surrounding neighborhood,
and/or the size of the tax lot upon which the accessory structure
is situated.
A structure attached to a building, with a floor, roof, and
structural supports, and permanently, seasonally, or temporarily enclosed
with solid materials, such as glass or lexan (a clear, durable, hard
plastic material). Screens, curtains, or latticework made of wire-mesh,
cloth, paper, strips of wood or metal, or other similar material,
shall not be considered "solid" for the purpose of this definition.
A porch does not need to be heated or insulated to be considered "enclosed."
A structure attached to a building, which has a floor, a
roof, and structural supports, but not permanently, seasonally, or
temporarily enclosed with solid materials, such as glass or lexan
(a clear, durable, hard plastic material).
As illustrated herein as Table XVI-1, the maximum
permitted floor area ratio (FAR) for houses shall be as follows:
A.
Lots of 4,999 square feet or less shall have a maximum
FAR of 0.43 (maximum floor area ratio = 0.43).
B.
Lots between 5,000 square feet and 9,999 square feet
shall have a maximum FAR of 0.43, minus 0.016 for every 1,000 square
feet or part thereof in excess of 5,000 square feet [maximum floor
area ratio = 0.43 - ((lot size - 5,000) ./. 1,000) x 0.016].
C.
Lots between 10,000 square feet and 14,999 square
feet shall have a maximum FAR of 0.35, minus 0.012 for every 1,000
square feet or part thereof in excess of 10,000 square feet [maximum
floor area ratio = 0.35 - ((lot size - 10,000) ./. 1,000) x 0.012].
D.
Lots between 15,000 square feet and 29,999 square
feet shall have a maximum FAR of 0.29, minus 0.006 for every 1,000
square feet or part thereof in excess of 15,000 square feet [maximum
floor area ratio = 0.29 - ((lot size - 15,000) ./. 1,000) x 0.006].
E.
Lots between 30,000 square feet and 34,999 square
feet shall have a maximum FAR of 0.20, minus 0.0045 for every 1,000
square feet or part thereof in excess of 30,000 square feet [maximum
floor area ratio = 0.20 - ((lot size - 30,000) ./. 1,000) x .0045].
F.
Lots between 35,000 square feet and 39,999 square
feet shall have a maximum FAR of 0.1775, minus 0.003 for every 1,000
square feet or part thereof in excess of 35,000 square feet [maximum
floor area ratio = 0.1775 - ((lot size - 35,000) ./. 1,000) x .003].
G.
Lots between 40,000 square feet and 44,999 square
feet shall have a maximum FAR of 0.1625, minus 0.002 for every 1,000
square feet or part thereof in excess of 40,000 square feet [maximum
floor area ratio = 0.1625 - ((lot size - 40,000) ./. 1,000) x .002].
H.
Lots between 45,000 square feet and 49,999 square
feet shall have a maximum FAR of 0.1525, minus 0.0015 or part thereof
for every 1,000 square feet or part thereof in excess of 45,000 square
feet [maximum floor area ratio = 0.1525 - ((lot size - 45,000) ./.
1,000) x .0015].
I.
Lots between 50,000 square feet and 76,230 square
feet shall have a maximum FAR of 0.1450 (maximum floor area ratio
= 0.1450].
[Amended 8-10-2021 by L.L. No. 5-2021[1]]
|
Table XVI-1
Illustrative Table of
Maximum Floor Area Ratio (FAR)
|
|
Lot Size
(square feet)
|
Maximum FAR
|
Resulting Gross Residential Floor Area
(square feet)
|
|---|---|---|
|
3,000
|
0.4300
|
1,290
|
|
4,000
|
0.4300
|
1,720
|
|
5,000
|
0.4300
|
2,150
|
|
6,000
|
0.4140
|
2,484
|
|
7,000
|
0.3980
|
2,786
|
|
8,000
|
0.3820
|
3,056
|
|
9,000
|
0.3660
|
3,294
|
|
10,000
|
0.3500
|
3,500
|
|
11,000
|
0.3380
|
3,718
|
|
12,000
|
0.3260
|
3,912
|
|
13,000
|
0.3140
|
4,082
|
|
14,000
|
0.3020
|
4,228
|
|
15,000
|
0.2900
|
4,350
|
|
16,000
|
0.2840
|
4,544
|
|
17,000
|
0.2780
|
4,726
|
|
18,000
|
0.2720
|
4,896
|
|
19,000
|
0.2660
|
5,054
|
|
20,000
|
0.2600
|
5,200
|
|
21,000
|
0.2540
|
5,334
|
|
22,000
|
0.2480
|
5,456
|
|
23,000
|
0.2420
|
5,566
|
|
24,000
|
0.2360
|
5,664
|
|
25,000
|
0.2300
|
5,750
|
|
26,000
|
0.2240
|
5,824
|
|
27,000
|
0.2180
|
5,886
|
|
28,000
|
0.2120
|
5,936
|
|
29,000
|
0.2060
|
5,974
|
|
30,000
|
0.2000
|
6,000
|
|
31,000
|
0.1955
|
6,061
|
|
32,000
|
0.1910
|
6,112
|
|
33,000
|
0.1865
|
6,155
|
|
34,000
|
0.1820
|
6,188
|
|
35,000
|
0.1775
|
6,213
|
|
36,000
|
0.1745
|
6,282
|
|
37,000
|
0.1715
|
6,346
|
|
38,000
|
0.1685
|
6,403
|
|
39,000
|
0.1655
|
6,455
|
|
40,000
|
0.1625
|
6,500
|
|
41,000
|
0.1605
|
6,581
|
|
42,000
|
0.1585
|
6,657
|
|
43,000
|
0.1565
|
6,730
|
|
44,000
|
0.1545
|
6,798
|
|
45,000
|
0.1525
|
6,863
|
|
46,000
|
0.1510
|
6,946
|
|
47,000
|
0.1495
|
7,027
|
|
48,000
|
0.1480
|
7,104
|
|
49,000
|
0.1465
|
7,179
|
|
50,000
|
0.1450
|
7,250
|
|
51,000
|
0.1450
|
7,395
|
|
52,000
|
0.1450
|
7,540
|
|
53,000
|
0.1450
|
7,685
|
|
54,000
|
0.1450
|
7,830
|
|
55,000
|
0.1450
|
7,975
|
|
56,000
|
0.1450
|
8,120
|
|
57,000
|
0.1450
|
8,265
|
|
58,000
|
0.1450
|
8,410
|
|
59,000
|
0.1450
|
8,555
|
|
60,000
|
0.1450
|
8,700
|
|
61,000
|
0.1450
|
8,845
|
|
62,000
|
0.1450
|
8,990
|
|
63,000
|
0.1450
|
9,135
|
|
64,000
|
0.1450
|
9,280
|
|
65,000
|
0.1450
|
9,425
|
|
66,000
|
0.1450
|
9,570
|
|
67,000
|
0.1450
|
9,715
|
|
68,000
|
0.1450
|
9,860
|
|
69,000
|
0.1450
|
10,005
|
|
70,000
|
0.1450
|
10,150
|
|
71,000
|
0.1450
|
10,295
|
|
72,000
|
0.1450
|
10,440
|
|
73,000
|
0.1450
|
10,585
|
|
74,000
|
0.1450
|
10,730
|
|
75,000
|
0.1450
|
10,875
|
|
76,000
|
0.1450
|
11,020
|
|
76,230
|
0.1450
|
11,053
|
|
76,231+
|
No maximum
|
None
|
[1]
Editor's Note: This local law also repealed former Subsection
J, which provided that any house exceeding 15,000 square feet of gross
residential floor area shall be required to obtain a special permit
from the Zoning Board of Appeals.
[Amended 10-14-2003 by L.L. No. 11-2003; 5-13-2008 by L.L. No. 4-2008]
A.
Decks, patios, unenclosed porches and porticoes.
(1)
All space in unroofed structures such as decks and
patios shall be excluded from the calculation of FAR.
B.
Basements, cellars and basement garages. That portion
of the floor area of the basement, cellar or basement garage where
the exposed exterior wall or walls facing the front yard is less than
three feet as measured from the existing or proposed grade, whichever
is lower, shall be excluded from the calculation of FAR. All the remaining
portions of the floor area of basements, cellars or basement garages,
where the height of the exterior exposed wall or walls facing the
front yard is three feet or more as measured from the existing or
proposed grade, whichever is lower, shall be included in the FAR.
C.
Attics or space under a sloping roof.
(1)
All unfinished or finished space in an attic or under
a sloping roof which has no dormers facing the front, side, or rear
yards, or which has dormers or dormered porticoes that do not exceed
the following dimensions, shall be excluded from the calculation of
FAR:
(a)
For dormers facing the front or side yards,
where the exterior width of such dormers does not exceed 30% of the
exterior linear width of the roof upon which they are situated. The
exterior linear width of the roof shall be measured from end to end
at the widest point of the roof.
(b)
For each of those dormers which face the rear
yard, where the distance between the side walls of the underlying
story and the side wall of the dormer is greater than five feet.
(2)
Where the dimensions of one or more dormers exceed one or both of the standards under § 310-103C above, the total area in the attic or under the sloping roof shall be included in calculation of FAR, except as provided for in § 310-103C(3) below.
(3)
That portion of unfinished or finished space in an
attic or under a sloping roof where the distance between the floor
and ceiling is less than four feet shall be excluded from the calculation
of FAR.
D.
Garages.
[Amended 8-10-2021 by L.L. No. 5-2021]
(1)
On lots measuring 9,999 square feet or less, the lesser of a)
250 square feet or b) the total floor area within garages (measured
only on the level of the garages where cars are to be parked), either
detached or attached to the principal structure, shall be excluded
from the calculation of the FAR.
(2)
On
lots measuring 10,000 square feet or more, the lesser of a) 400 square
feet or b) the total floor area within garages (measured only on the
level of the garages where cars are to be parked), either detached
or attached to the principal structure, shall be excluded from the
calculation of the FAR.
[Amended 8-10-2021 by L.L. No. 5-2021]
A.
In all Residence A Zones, except the AA-1 Zone, for each additional foot that a house is set back beyond the minimum required side yard setback, an additional 100 square feet of floor area above the maximum permitted FAR on that lot as per § 310-102 shall be permitted.
B.
The maximum bonus shall be 280 square feet for lots located in the
A-4 and A-5 Residential Zones, 490 square feet for lots located in
the A-2, A-2a, and A-3 Residential Zones and 840 square feet for lots
located in the A-1 Residential Zone.
[Amended 12-11-2007 by L.L. No. 16-2007]
A.
Building permit review. Upon receipt of a building permit application for a house in a Residence A Zone, the Building Department shall determine whether granting the building permit would result in a building FAR in excess of the maximum FAR prescribed under § 310-102.
B.
Houses at or below the maximum FAR. If a house's gross
residential floor area does not exceed the maximum FAR, the Building
Department shall proceed with the building permit application, with
no further FAR review.
C.
Residences above the maximum FAR. Applications for building permits for residences whose total floor area exceeds the maximum permitted FAR shall be required to seek an area variance from the Zoning Board of Appeals in accordance with § 310-87 of the Scarsdale Zoning Code. The Zoning Board of Appeals may also, at its discretion, refer the application to the Board of Architectural Review for an advisory opinion. Any application for an area variance for FAR for a residence shall require the submission of the following additional materials, if available, in addition to those required for the building permit:
(1)
Elevations of the houses on both sides of the subject
house;
(2)
Photographs of neighboring houses, structures, and
yards within 200 feet on either side of the subject house; and
(3)
Floor area ratios of neighboring houses on similarly
sized lots within 200 feet on either side of the subject house.
(4)
The applicant shall also provide written or verbal
testimony addressing the proofs required for area variances.
Notwithstanding the effective date of this article,
any application that has obtained site plan approval, a wetlands permit,
or cluster subdivision approval from the Planning Board, an area variance
from the Zoning Board of Appeals, and/or final approval from the Board
of Architectural Review as of March 26, 2002, shall not be subject
to this article.
