Within any residence district, a building, structure or lot shall only be used for one of the uses indicated in §
235-9A, Table of Use Regulations, for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of §
235-9B, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter.
[Added 11-7-1990; amended 5-5-1999 by L.L. No. 6-1999]
Lots created as part of a previously approved
conservation development under former § 235-10, entitled
"Conservation development" (enacted 5-20-1981 and now repealed) shall
not be deemed nonconforming lots under this chapter. Rather, such
lots shall be deemed conforming lots under this chapter. Any future
development on such lots shall conform to the dimensional standards
set forth in this chapter for the R-1 District except that the yard
setbacks and minimum lot area for such lots shall be as shown on the
approved conservation development plat for the subdivision in which
such lots are located, which plat is filed with the Westchester County
Clerk's office and the Town Clerk's office. Notwithstanding anything
to the contrary, a minimum buffer setback of 100 feet from the perimeter
boundary shall be required for all buildings, structures, swimming
pools and parking areas within any lots created as part of a previously
approved conservation development under former § 235-10.
Where such boundary is located along Purchase Street or Anderson Hill
Road, a minimum of 1/2 of the required setback area shall be maintained
in its natural state or landscaped in accordance with the plan approved
by the Planning Board.
[Added 6-3-1998 by L.L. No. 6-1998]
Pursuant to Town Law § 278, Subdivision
2, the Town of Harrison Planning Board shall have the authority, subject
to the approval of the final plat by the Town Board, to permit or
require residential cluster development in residential zoning districts
R-1, R-2 or R-2.5 and establish rules and regulations setting forth
the conditions under which clustering may occur. The Planning Board
shall request permission from the Town Board to consider clustering
as soon in the process as the Planning Board determines that clustering
would be beneficial to the town.
A. The Town Board shall promptly indicate to the Planning
Board whether or not the Town Board will consider approval of a final
plat that provides for clustering and any conditions the Town Board
is then considering imposing.
B. The purpose of cluster development shall be to enable
and encourage flexibility of design and development of land in such
a manner that will result in:
(1)
The preservation of open lands that are physically,
aesthetically, scenically, historically and environmentally unique
by virtue of their geology, topography, vegetative cover or previous
use.
(2)
A pattern of development that preserves trees,
outstanding natural topography and geologic features and prevents
soil erosion.
(3)
The preservation or creation of open space,
recreation areas and environmentally sensitive land areas.
(4)
An environment that is in harmony with surrounding
development.
(5)
A choice in the types of environment and living
units available to the public, so that development will be a permanent
asset to the town.
(6)
An efficient use of land resulting in smaller
networks of utilities and streets. A more desirable environment than
would be possible through the strict application of other sections
of law.
[Added 6-3-1998 by L.L. No. 6-1998]
A. A minimum five-acre parcel size is required before
clustering will be permitted.
B. The density of proposed development shall be appropriate
for and beneficial to the Town of Harrison in terms of density, aesthetics,
economics and/or other criteria deemed necessary and determined relevant
by the Planning Board.
C. The density of proposed development shall not exceed
the density permitted under the zoning classification where the development
is to be located but in no event shall any lot be less than 1/2 acre
in size. In determining the allowable density for a given site, the
applicant shall submit to the Planning Board a site plan illustrating
the density of the property if developed as a conventional subdivision
conforming to all requirements of law. This density shall serve as
the maximum number of dwelling units that may be clustered.
D. The proposed use is permitted under the existing zoning
classification where such development is to be located.
E. All open space, recreation or common areas shall be
managed and maintained in accordance with a form of legal ownership
to be approved by the Planning Board.
F. In a cluster development, single-family detached units
with reduced lot sizes will be permitted.
G. Lot size, width, front yard depth and side yard requirements,
as otherwise established in other provisions herein, may be varied
by the Planning Board as part of the cluster subdivision approval
process.
H. All other conditions of Town Law § 278,
Subdivision 3, are met.