Village of Elmsford, NY
Westchester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Elmsford 10-27-1930; repealed and reenacted in the same form 7-10-2006 by L.L. No. 4-2006. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 109.
Unsafe buildings and structures — See Ch. 117.
Dancing and dining establishments — See Ch. 135.
Flood damage prevention — See Ch. 175.
Gasoline service stations — See Ch. 189.
Group homes — See Ch. 195.
Laundry and dry-cleaning establishments — See Ch. 213.
Signs — See Ch. 273.
Swimming pools — See Ch. 295.
Storage of vehicles — See Ch. 321.
[Amended 7-1-1963; 3-3-1980 by L.L. No. 2-1980; 12-2-1991 by L.L. No. 10-1991; 2-21-1995 by L.L. No. 2-1995; 3-29-1999 by L.L. No. 1-1999; 1-21-2014 by L.L. No. 2-2014; 12-5-2016 by L.L. No. 8-2016]
For the purposes of this chapter, the Village of Elmsford is hereby divided into 11 classes of zones or districts as follows:
Residence R-O District: one family, 1/2 acre
Residence R-1 District: one family
Residence R-2 District: two families
Residence R-3 District: three or more families
Residential Cluster Development (RCD) District
Business District
Central Business District
Neighborhood Business District
Light Industrial District
Limited Office Use District
Business Overlay District
A. 
Revised Zoning Map.[1] For the purpose of promoting the health, safety, morals and the general welfare of the community, the Board of Trustees of the Village of Elmsford has divided the Village into various zones or districts, all of which, and the boundaries thereof, are hereby established and are shown on the current Zoning Map, and said map shall accompany and is hereby declared to be a part of this chapter.
[Amended 12-19-1966; 11-6-2000 by L.L. No. 7-2000]
[1]
Editor's Note: Copies of this map are available for inspection in the Village offices.
B. 
District boundary lines. The district boundary lines are intended generally to follow street lines or existing lot lines or projections thereof, the boundary lines of the Village or center lines of railroad rights-of-way as indicated on the Building Zone Map; but where a boundary line does not follow such a line, its position is shown on said map by means of figures expressing distance in feet from a parallel street line or other boundary line as indicated.
A. 
Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "occupied" includes the word "designed or intended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used."
B. 
Certain words and phrases are used in this chapter, which for the purposes hereof are defined as follows:
ACCESSORY BUILDING
A building, such as a stable, garage, playhouse, barn or greenhouse, which is subordinate or accessory to a main building already existing on the same lot and which in any residence district is not available to the public or used in connection with any commercial purpose.
AFFORDABLE DWELLING UNIT
A dwelling unit the rental or sales price of which does not exceed the maximum allowable level set forth in § 335-8C(3)(d) hereof.
[Added 12-2-1991 by L.L. No. 10-1991]
BOARDER
One who is not related by blood or affinity (marriage) to the person with whom he resides.
[Added 5-17-1971]
COMMERCIAL TRUCK OR VEHICLE
A truck or vehicle bearing commercial license plates or which a commercial registration; a truck or vehicle with a business sign, logo, insignia or advertisement visibly displayed on its exterior; or a truck or vehicle intended or designed for use in construction, including, but not limited to, a tractor or backhoe.
[Added 6-1-1992 by L.L. No. 17-1992]
CORNER LOT
A lot at the junction of and fronting on two or more intersecting streets; the owner of a corner lot having the privilege of specifying which street lot line shall be deemed the front line for the purposes of this chapter, and being required when requesting a building permit to so specify.
COURT
An open space upon a lot containing a building, other than a yard. An "outer court" is one which extends for its full width to a street or a rear yard. An "inner court" is any other than an outer court. The width of an outer court is its horizontal dimension substantially parallel with its principal open end. The width of an inner court is its lesser horizontal dimension. The height of a court is to be measured from the lowest floor level it is required to serve up to the roof of the building served.
DEPTH OF LOT
The mean distance between its mean front street line and its mean rear line.
DRIVE-IN RESTAURANT
Premises constructed to cater primarily to the motoring public, whether or not serving pedestrians as well as automotive trade, and used for the sale to the public of any product and providing curb and/or window counter service.
[Added 11-7-1988 by L.L. No. 3-1988]
ELECTRIC MOTIVE POWER
Power which is developed from electricity by an electric motor.
FAMILY
Any number of persons living together as a single family or housekeeping unit and using certain housekeeping facilities and rooms in common.
FILLING STATION
Any establishment supplying and selling gasoline or other equivalent fuel direct to motor vehicles from a pump or pumps located outside a building and on private property.
FLOOR AREA, GROSS (MULTIFAMILY AND NONRESIDENTIAL)
The sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls or, in the case of a common wall separating two buildings, from the center line of such common walls, but excluding unenclosed porches, porticoes, balconies, raised platforms, roof overhangs, gutters and chimneys, and nonhabitable space in a basement devoted to mechanical equipment, accessory storage, parking and/or loading.
[Added 3-3-2008 by L.L. No. 1-2008]
FLOOR AREA, GROSS (ONE-FAMILY AND TWO-FAMILY RESIDENTIAL)
For all one- and two-family dwellings in residential zones, the sum of the horizontal area of all stories of a building, measured from the exterior faces of exterior walls. Any interior space with a floor-to-ceiling height in excess of 16 feet shall be counted twice. In calculating the gross floor area of a one- or two-family dwelling, and for the purpose of calculating floor area ratio (FAR), the following shall be excluded: decks; patios; unenclosed porches, porticoes, balconies and raised platforms; roof overhangs; gutters; chimneys; minor accessory structures; garages and unfinished, nonhabitable basements.
[Added 3-3-2008 by L.L. No. 1-2008; amended 8-8-2011 by L.L. No. 4-2011]
FLOOR AREA RATIO (FAR)
The gross floor area divided by the lot area.
[Added 3-3-2008 by L.L. No. 1-2008]
FRONT YARD
An open space lying between the lot line upon which a building fronts and the main front wall thereof, and running entirely across the lot in the two side lot lines.
GARAGE
A building used for the housing of one or more motor vehicles.
GASOLINE SERVICE STATION
A filling station, as defined herein, at which major and/or minor vehicle repair, as herein defined, is performed.
[Added 6-4-2007 by L.L. No. 4-2007]
LOADING UNIT
Sometimes abbreviated in this chapter as "LU," a nearly level off-street space available for the loading and unloading of goods, which space shall not be less than 10 feet wide, 30 feet long and 14 feet in clear height, and shall have direct usable access to a street or alley. Each loading unit and its access shall be suitably surfaced. A loading unit required for a building or use may be provided in the principal building or in a required side yard or rear yard, or in one of two or more access driveways to a required parking area, or in a single-access driveway having a width of at least 25 feet.
[Added 8-6-1962]
LOT
A parcel of land under one ownership, the location, dimensions and boundaries of which are a matter of the latest official record.
LOT LINE
Any boundary line of a lot.
MAJOR VEHICLE REPAIR
The following work performed on any motor vehicle: painting, body and fender work, engine overhauling or other major repair of motor vehicles; rebuilding, replacement or reconditioning of engines or transmissions for motor vehicles; wrecker service with vehicle storage; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; those uses listed under the definition of "minor vehicle repair" when combined with any of the above uses; and any other similar use. Any building or part thereof which is used for such work as provided in this definition shall be referred to as a "major vehicle repair shop."
[Added 6-4-2007 by L.L. No. 4-2007]
MINOR VEHICLE REPAIR
The following work performed on any motor vehicle: diagnostic services, minor motor services such as grease, oil, spark plug, and filter parts, automobile washing, steam cleaning, and polishing; repair or replacement of automotive glass and upholstery; installation of audio equipment; but not including any operation named under the definition of "major vehicle repair" or any other similar use. Any building or part thereof which is used for such work as provided in this definition shall be referred to as "minor vehicle repair shop."
[Added 6-4-2007 by L.L. No. 4-2007]
MOTOR VEHICLE
Any self-propelling vehicle which is licensed to travel over the streets and highways. In calculating garage accommodations under this chapter, two two-wheeled motorcycles shall be considered as the equivalent of one motor vehicle.
MULTIFAMILY STRUCTURE
Any building or portion thereof which is designed, built, rented, leased, let or hired out to be occupied or which is occupied as the home or residence of two or more families living independently of each other and doing their own cooking in said building. The term "multifamily dwelling" means a detached building containing two or more dwelling units.
[Added 8-6-1962]
NONCONFORMING USE
The use of a building or of land that does not conform to the regulations respecting permitted uses as set forth in this chapter for the district in which it is located.
[Amended 12-19-1966]
OPEN PORCH
A piazza or porch, with or without a roof, which projects beyond a main wall of a building. If an open porch extends into a required front yard, the columns supporting the roof shall present the minimum of obstruction to the circulation of air and the view sideways through the porch, and any sash placed between the columns during the winter season shall be glazed with clear glass.
PARKING UNIT
Sometimes abbreviated in this chapter as "PU," a nearly level off-street space available for the parking of one motor vehicle, which space shall not be less than eight feet wide and 20 feet long, exclusive of access drives and turning areas appurtenant thereto and giving access thereto, and which shall have direct usable access to a street. Each parking unit and its access passageways, drives and turning areas shall all be suitably surfaced and approved by the Building Inspector as to an all-weather base.
[Added 8-6-1962]
PRIVATE GARAGE
A garage maintained primarily for the convenience of the owner, tenant or resident occupant of the premises and in which no business is carried on and no service is rendered to the public.
PUBLIC GARAGE
Any garage, other than a private garage, which is used for the public or commercial parking of vehicles, which garage is not utilized in conjunction with or located upon the same property as a major vehicle repair shop, gasoline service station or filling station.
[Amended 6-4-2007 by L.L. No. 4-2007]
PUBLIC RESTAURANT
A facility operated principally for the on-premises preparation and sale of food or beverages for human consumption on or off the premises. A delicatessen operated principally for the on-premises preparation and sale of food or beverages is to be considered a public restaurant. A grocery store not operated principally for the on-premises preparation and sale of food or beverages is not to be considered a public restaurant.
[Added 7-12-1965; amended 6-1-1992 by L.L. No. 16-1992]
QUALIFYING HOUSEHOLD
A household whose aggregate income, including the total of all current annual income of all household members from any source whatsoever at the time of application, but excluding the earnings of working minors (under 21 years of age) attending school full-time, shall not exceed the income limitations set forth in § 335-8C(3)(c) hereof.
[Added 12-2-1991 by L.L. No. 10-1991]
REAR YARD
An open space lying between the rear lot line and the main rear wall of a building and running entirely across the lot to the two side lot lines.
REQUIRED YARD OR COURT
Any yard or court required as a minimum under the provisions of this chapter. A required yard shall begin at a lot line and extend therefrom toward the interior of the lot; and where a lot line is irregular, its mean alignment shall be taken in determining measurements under this chapter.
SIDE YARD
An open space lying between a side lot line and a main side wall of a building, and running from the front lot line to the rear yard.
STREET
Any road, avenue, street, lane, alley or other way set aside and commonly used for street purposes.
THROUGH LOT
Any lot which runs through from one street to another, not an alley less than 25 feet wide. Such a lot is considered as having two street frontages, each of which frontages, on a street over 25 feet wide, is subject to the front yard requirements prescribed in § 335-15 of this chapter.
WIDTH OF LOT
Its mean width measured at right angles to its mean depth.
WIRELESS TELECOMMUNICATIONS SERVICES
The provision of wireless telecommunications services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended.
[Added 5-16-2005 by L.L. No. 2-2005]
WIRELESS TELECOMMUNICATIONS SERVICES FACILITY
Any equipment used in connection with the commercial operation of wireless telecommunications services, as defined herein, and as the term "personal wireless services facility" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(C), or as hereafter amended, to transmit and/or receive frequencies, including but not limited to antennas, monopoles, equipment, appurtenances and structures.
[Added 5-16-2005 by L.L. No. 2-2005]
A. 
Future uses, construction and changes. No yard or court may be used and no building or part thereof may be constructed, moved, extended, altered or used except in conformity with the provisions of this chapter.
B. 
Nonconforming uses and conditions. If, at the time of enactment of this chapter, any yard, court, or building is being used, or if any building is being constructed, moved, extended or altered and such work is completed within six months after enactment of this chapter, in a manner or for a purpose which does not conform to the provisions of this chapter and which is not prohibited by any other existing ordinance, such use, manner or purpose may be continued, even under a change of title or possession. No nonconforming use, if once changed to a conforming use, shall ever again be changed back to a nonconforming use.
C. 
Extending nonconforming uses. Any such nonconforming use may be hereafter extended throughout any part of a building which was manifestly arranged or designed for such use at the time of enactment of this chapter; provided, however, that a certificate of occupancy be first obtained for such extension of use.
(1) 
Preexisting uses deemed to be conforming. Any lawful use existing at the time of the effective date of this chapter or any amendment thereof, which if newly created under this chapter would require a special permit or special exception in the district in which it is situated, may be continued and shall be deemed to be a conforming use, but any modification, change or extension thereof shall be subject to the granting of a special permit or special exception as provided in this chapter.
[Added 12-19-1966]
(2) 
Nonconformity may not be increased. Any such building or structure or the use of any land, building or structure which is nonconforming with respect to any of the provisions of this chapter shall be neither extended, enlarged nor altered in any manner so as to increase any such nonconformity, whether such extension, enlargement or alteration be by the alteration of an existing building or structure or by the erection or construction of an additional building or structure, or in any other manner. The provisions of this Subsection C(2) shall not apply to any alteration which may be required by order of the Building Inspector to strengthen or restore a building or structure or any part thereof to a safe condition.
[Added 12-19-1966]
(3) 
If made to conform, may not revert to nonconformity. Any such nonconforming building, structure or use, if changed to a building, structure or use which conforms to the provisions of this chapter, shall not be changed back to a nonconforming building, structure or use.
[Added 12-19-1966]
(4) 
Effect of discontinuance. Any such nonconforming use which has been physically discontinued or has ceased for six months or longer shall be deemed to be abandoned, and such nonconforming use shall not be resumed.
[Added 12-19-1966]
(5) 
Effect of damage. Any nonconforming building or structure, if destroyed or damaged from any cause, shall not be rebuilt or restored in nonconforming form, except that such building or structure, if accidentally destroyed or damaged due to fire, explosion or other cause, to the extent of not more than 50% of the volume of such building or structure above the foundations, as determined and certified by the Building Inspector, may be rebuilt or restored in substantially the same location, provided:
[Added 12-19-1966]
(a) 
That it is not enlarged or extended;
(b) 
That it complies with height, yard area and other requirements of this chapter applicable to the district in which such lot is situated; and
(c) 
That the Board of Appeals grants a variance permitting the restoration and continuance thereof without enlargement or extension of any previously existing nonconforming use.
(6) 
Occupancy prohibited without a certificate. The occupancy or use of any building or structure presently in existence and not conforming with the provisions of this chapter for the district in which it is situated shall not be continued as a nonconforming use until a certificate of occupancy has been issued by the Building Inspector.
[Added 12-19-1966]
(7) 
Applications. An application for a certificate of occupancy shall be made on a form prescribed by the Village Board, which shall provide spaces for all information essential to the administration and enforcement of this chapter.
[Added 12-19-1966]
D. 
Replacing damaged buildings. On any foundation existing at the time of the adoption, of this chapter, if the building thereon is destroyed by fire, flood, explosion, earthquake, war, riot or act of God, a building of the same area and height and for the same use may be reerected, provided that it be completed within 18 months from date of such calamity.
E. 
Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition of any part of any building declared unsafe or unlawful by the Building Inspector, hereinafter called the Inspector, or other duly authorized state or Village official.
F. 
Lots prohibited for residence purposes.
[Amended 10-3-1960; 1-17-1972]
(1) 
No lot shall hereafter contain any building used for residence purposes unless such lot abuts for at least 50 feet on at least one street having a width of not less than 30 feet, or unless it has an unobstructed easement of access or a right-of-way at least 15 feet wide to a street having a width of not less than 30 feet.
(2) 
No residence shall be erected on a lot or plot within a Residence R-O District unless said lot or plot on which the residence is to be erected shall have an area of at least 1/2 acre.
(3) 
No lot within any residence district shall contain a residence for one family unless it shall have an area of at least 5,000 square feet and shall have a frontage of not less than 50 feet on at least one street 30 feet or more in width.
(4) 
No lot shall contain a residence for two or more families unless it shall have an area of at least 10,000 square feet and shall have a frontage of not less than 100 feet on at least one street 30 feet or more in width, except that these restrictions may be modified by the Board of Appeals in individual cases, after public hearing, with respect to small or exceptionally irregular lots existing at the time of enactment of this chapter.
[Amended 9-17-1973]
(5) 
All residences erected for two or more families shall provide on the same lot or plot two parking units for each family in the residence.
(6) 
The parking units must be located in a side or rear yard or behind the twenty-foot setback.
G. 
Projections and encroachments into required open spaces. Except as hereinafter specified in this section, yards and courts required under this chapter shall be entirely free of buildings or parts thereof.
H. 
Cornices and eaves. Cornices and eaves may project not to exceed 18 inches into any required yard or court.
I. 
Ornamental features, etc. Sills, leaders, belt courses and similar ornamental or structural features may project not to exceed six inches into any required yard or court. An open fire balcony or fire escape, or a fire tower, may project into a required yard not more than four feet.
J. 
Bay windows, balconies, porches, etc.
(1) 
Ground story bay windows, oriels or balconies having a combined total width not exceeding 1/2 the length of the wall to which they are attached may project not more than three feet into any required front or rear yard or into any required side yard which is over five feet wide. An open porch or porte cochere not over one story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to 1/2 the width of the side yard required as a minimum for that lot.
(2) 
An open porch, stairway or entranceway or a bay window not higher than the first story of a building may project not to exceed eight feet into a front yard required as a minimum on that lot, provided that the combined width of such projections shall be no greater than 2/3 of the width of the front of the building.
(3) 
No porch, oriel, bay window, balcony, porte cochere or stairway constructed under the provisions of this subsection shall have a width or other dimension greater than 2/3 of the width of the main walls to which they are attached.
K. 
Chimneys, shafts, etc. A chimney, smokestack, flue or elevator shaft may project into any required yard or court, provided that the horizontal section of the projection does not exceed four square feet in any residence district, or nine square feet in any business district, or 25 square feet in any industrial district.
L. 
Walls, fences, etc. The requirements of this chapter respecting yards and courts and projections shall not apply to any necessary retaining wall nor to any fence or wall which is less than six feet high, except that within no residence or business district shall any solid wall or solid fence over four feet high be constructed nor any solid hedge or planting over four feet high be maintained in a side yard or a front yard within 50 feet of a street intersection. The finished or more attractive side of any fence or wall must face the adjacent property, street and right of way. A Building Department official shall determine which side of the fence or wall meets this requirement in the case of a dispute.
[Amended 10-21-2013 by L.L. No. 3-2013]
M. 
Building extensions. A ground story extension of a building more than 25 feet high may project into a required rear yard not more than nine feet, provided that it does not extend within 15 feet of a rear lot line and that the width of such projecting portion shall not be greater than twice the amount of the projection.
N. 
Location and coverage of accessory buildings.
(1) 
No accessory building permitted by this chapter shall be placed in any required side or front yard except as specified hereinafter in this section. The aggregate ground area covered by accessory buildings in any required rear yard, including the ground area covered by any projections other than cornices and eaves, hereinbefore permitted, shall not exceed 30% of the required rear yard area in any residence R-O or R-1 District nor 40% in any Residence R-2 District. In any business or industrial district where a ground level rear yard is required or provided, the aggregate area covered by accessory buildings and the last above-mentioned projections shall not exceed 50% of the required rear yard area behind a building used in any part for residence purposes.
(2) 
In the case of exceptionally wide lots where side yards are provided of greater widths than required by this chapter, accessory buildings may be erected in such side yards, provided that the side yard required as a minimum by this chapter for the particular district involved be left open and that no part of any such accessory building shall be within four feet of the main building.
O. 
Limitations on accessory buildings.
(1) 
No accessory building in any residence district shall be more than two stories high, and none which is erected within six feet of any party lot line shall be more than one story high; nor shall any accessory building within any business or industrial district which is within 10 feet of any party lot line within a residence district be more than two stories high; and no accessory building which is not of fireproof or composite construction, as defined by the Building Code, shall be within three feet of any party lot line in any residence district; except that this shall not prevent the erection in any district of a permitted common private garage one story high and housing not more than six motor vehicles, across their party lot line by two adjoining property owners.
(2) 
No accessory building erected in a rear yard on any lot in any district shall be used for residence purposes except by domestic employees of the tenant or owner of the premises.
(3) 
No accessory building erected in a rear yard within any residence district shall be within less than three feet of a main building unless it be constructed as an integral part thereof.
P. 
Corner lot modifications. Any accessory building on a corner lot within any residence district shall be distant not less than 10 feet from the side street line, and any such building which is within 25 feet of such side street line shall be no nearer the rear lot line than six feet if the lot is 100 feet or less in depth, or than 10 feet if the lot is more than 100 feet in depth.
Q. 
Reducing lot areas. No space which for the purpose of one building has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or open space requirement of or for any other building.
R. 
The observance of established lines.
(1) 
Nothing in this chapter shall justify or cause the violation of any existing ordinance, regulation, agreement or contract which prescribes within any district a building line along any street, the adherence to which building line would create a front yard or equivalent open space of a depth greater than is specified in this section for that district.
(2) 
If on any street a new street line has been established by ordinance in anticipation of future street widening, such new street line shall be taken as the lot line in determining yard depths; but when an official map of the Village shall have been adopted and filed, as provided by statute, the street lines shown on the latest revised copy thereof shall be employed in such determination.
S. 
Floor area ratio standards for dwellings in residential districts. In order to ensure the orderly and harmonious development of the Village, to preserve neighborhood character by requiring houses to appear to be of the same or similar scale to other dwellings in the neighborhood; to minimize negative visual impacts and diminution of open space; and to not unduly tax local services, the Village hereby establishes maximum floor area ratio (FAR) standards for dwellings in residential districts.
[Added 3-3-2008 by L.L. No. 1-2008; amended 8-8-2011 by L.L. No. 4-2011]
(1) 
Affected zoning districts. The floor area ratio limitations set forth in this subsection apply to one- and two-family dwellings in the following zoning districts: R-0, R-1, R-2, R-3.
(2) 
Floor area ratio limitations are as follows:
Minimum Lot Size
Maximum FAR
(square feet)
Less than 3,500
0.450
3,500 to less than 5,000
0.430
5,000 to less than 6,000
0.414
6,000 to less than 7,000
0.398
7,000 to less than 8,000
0.382
8,000 to less than 9,000
0.366
9,000 to less than 10,000
0.350
10,000 or greater
0.338
[Amended 2-6-1950; 7-1-1963; 7-7-1969]
Within any Residence R-O and R-1 Districts, no building or premises shall be used for other than one or more of the following specified purposes or uses:
A. 
Principal purposes or uses.
(1) 
A single-family dwelling with one housekeeping unit only.
(2) 
Firehouses, police stations, public schools and other municipal buildings or uses.
(3) 
Church or other place of worship, Sunday school or similar religious school, parish house and rectory.
B. 
Accessory uses.
(1) 
Garden house, toolhouse, playhouse, greenhouse and a private garage for one passenger automobile for each 5,000 square feet of the lot area. No more than two garage spaces will be permitted on any lot, and no private garage or other accessory building shall be used for residential purposes.
(2) 
The keeping of not more than two boarders by a resident family, provided that, in addition to the occupancy provisions of § 109-1A(2)(b) of this Code, the following criteria are met:
[Amended 3-3-2008 by L.L. No. 1-2008]
(a) 
Boarders shall only be permitted in owner-occupied detached single-family dwellings.
(b) 
Not more than two boarders shall be permitted per single-family dwelling.
(c) 
The single-family dwelling shall meet the occupancy limitations listed in § 109-1A(2)(b)[1] through [5] of the Building Construction and Fire Prevention Code of the Village of Elmsford.
(d) 
The quarters provided for boarders shall not have separate cooking facilities, including but not limited to stoves, microwaves, ovens and refrigerators.
(e) 
The rented quarters provided for boarders shall not be advertised on the premises.
(f) 
An off-street parking space shall be provided for each boarder in addition to the parking spaces otherwise required pursuant to this chapter.
(3) 
A professional office or studio of a lawyer, architect, real-estate broker, doctor, dentist, artist, engineer, musician or teacher, or member of a similar established profession (but not including an office or establishment of a veterinarian, mortician, undertaker or embalmer) residing on the premises, and including a small professional plate or sign not exceeding one square foot in area as the only display of advertising, provided that:
(a) 
Not more than 10% of the area of the ground floor of such residence shall be so used.
(b) 
Not more than one assistant shall be employed in any such professional office or studio.
(c) 
If instruction in vocal or instrumental music or dancing is given, such studio shall be equipped and used so that sounds therefrom shall not be heard in nearby premises.
(d) 
Two parking units shall be provided in the rear yard of the premises.
C. 
Special uses. The following special uses will be permitted in a Residence R-O and a Residence R-1 District at the discretion of the Board of Appeals. After due notice and public hearing, and subject to appropriate conditions and safeguards to be fixed by the Board in each case, a special use listed below may be permitted in such districts, provided that the Board shall determine in its judgment that: it is reasonably necessary for the public health or general interest and welfare; it is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities; the off-street parking facilities are provided and are adequate to handle expected public attendance, so as not to create a neighborhood nuisance; neighborhood character and surrounding property values are reasonably safeguarded; use therefor will not cause undue traffic congestion or create a traffic hazard:
(1) 
Nonprofit recreational facilities incident to churches and other places of worship.
(2) 
Parochial and private secondary and elementary schools, day-nursery schools, universities, colleges, seminaries and convents, with their dormitories and customary indoor and outdoor recreational facilities such as playfields and stadia, on a parcel of not less than 12 acres.
(3) 
Libraries, museums and art galleries not operated for profit.
(4) 
Golf clubs and country clubs on an area of not less than 150 acres.
(5) 
On a parcel not less than 20 acres, social clubs or lodges, or other recreational facilities not operated for gain, and recreational buildings in connection therewith, provided that:
(a) 
There shall not be more than five members to each and every acre of land in the lot.
(b) 
No outdoor activity shall be conducted within 200 feet of a residence lot line, and no activities shall be held outdoors between the hours of 8:00 p.m. and 8:00 a.m.
D. 
No commercial truck or vehicle shall be parked outdoors in the residential zones anywhere overnight.
[Added 1-17-1972]
[Amended 7-1-1963]
Within any Residence R-2 District, no building or premises shall be used for other than one or more of the following specified purposes:
A. 
Any use specified in § 335-5 as permitted and as regulated in Residence R-O and R-1 Districts.
B. 
Dwellings for not more than two families. Conversion of a single-family home to a two-family dwelling, the conversion of illegally converted multifamily dwellings or the construction of a two-family home in an R-2 District after the effective date of this legislation shall be subject to the issuance of a special permit by the Village Board of Trustees. The special permit shall comply with the applicable standards and procedures set forth in § 335-23. In addition, specific conditions of such permit are as follows:
[Amended 3-29-1999 by L.L. No. 1-1999; 5-16-2005 by L.L. No. 2-2005]
(1) 
Minimum lot size: 10,000 square feet (5,000 square feet per dwelling unit).
(2) 
Minimum lot width: not less than 100 feet on at least one street 30 feet or more in width.
(3) 
Yard requirements:
(a) 
Front: as specified in § 335-15.
(b) 
Rear: as specified in § 335-16B.
(c) 
Side: as specified in § 335-17B.
(4) 
Occupancy. The owner shall occupy at least one of the dwelling units on the premises as a principal residence for the duration of the permit or give the Building Inspector the name, address and telephone number of a person residing or having an office in the local area to contact the owner for maintenance and repair of the premises.
(5) 
Parking. Two off-street spaces shall be provided for the principal dwelling unit; an additional two off-street spaces shall be provided for the second dwelling unit. No parking shall be permitted in a front yard, except for parking in an existing driveway or garage beyond the twenty-foot setback.
[Amended 3-3-2008 by L.L. No. 1-2008]
(6) 
Minimum floor area. At least 300 square feet shall be provided for the second dwelling unit but not more than 50% of the total floor area of the principal Village building.
(7) 
The permit shall expire five years after the date of issuance or upon the sale of the property, if sooner. The new owner, or contract vendee for the particular property, shall be required to obtain a new permit. The transfer of the property to an estate of the holder of a permit or to an inter vivos trust under which the holder of a permit is the income beneficiary shall not be treated as a change of ownership.
(8) 
The Board of Trustees may modify any of the conditions for the issuance of a permit and may impose such additional conditions or safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter.
(9) 
Prior to granting a permit, the Board of Trustees shall hold a public hearing, with notice provided in accordance with the provisions of the New York State Village Law.
(10) 
The Board of Trustees may revoke a permit, after a public hearing, in the event that the holder of a permit violates any of the requirements or conditions of the permit.
C. 
Customary home occupations, such as dressmaking, millinery, manicuring and home cooking, provided that such occupation shall be conducted solely by resident occupants of the main building, that not more than the equivalent of 1/2 the area of one floor shall be used for such purpose and that no display of advertising or of products made shall be visible from the street.
D. 
Residence by not more than two boarders, provided that the following criteria are met:
[Amended 5-17-1971; 3-3-2008 by L.L. No. 1-2008]
(1) 
Boarders shall only be permitted in owner-occupied detached single-family dwellings.
(2) 
Not more than two boarders shall be permitted per single-family dwelling.
(3) 
The single-family dwelling shall meet the occupancy limitations listed in § 109-1A(2)(b)[1] through [5] of the Building Construction and Fire Prevention Code of the Village of Elmsford.
(4) 
The quarters provided for boarders shall not have separate cooking facilities, including but not limited to stoves, microwaves, ovens and refrigerators.
(5) 
The rented quarters provided for boarders shall not be advertised on the premises.
(6) 
An off-street parking space shall be provided for each boarder in addition to the parking spaces otherwise required pursuant to this chapter.
E. 
Building or premises used for club, fraternal, recreational, athletic or social purposes and maintained by a membership organization in which lodging and the temporary use of rooms or meals are supplied to the public incidentally to serving its members, provided that no merchandising shall be carried on therein except for the accommodation of the members.
F. 
Sign not over six square feet in area fixed to the main wall of the building, which merely indicates the name or purpose of said building.
G. 
The parking of any commercial vehicle overnight between the hours of 5:00 p.m. and 8:00 a.m. shall constitute a violation of this chapter.
[Added 1-17-1972]
[Added 7-1-1963; amended 1-11-1972; 7-5-1988 by L.L. No. 1-1988]
Within any Residence R-3 District, no building or premises shall be used for any other than the following specified purposes:
A. 
Any use permitted in § 335-5, now entitled "Residence R-O and Residence R-1 District uses," and in § 335-6, now entitled, "Residence R-2 District uses," which said sections set forth the permitted uses in such districts.
B. 
No multifamily dwelling designed for occupancy by three or more families shall be erected in any district except in the Residence R-3 and Business District. The provisions of this chapter of the Village of Elmsford governing permitted uses in Residence R-O, Residence R-1, Residence R-2, Business and Light Industrial Districts are hereby amended accordingly so as to prohibit the erection of a multifamily dwelling in any of said districts, except in the Residence R-3 and Business Districts.
C. 
No multifamily dwelling designed for occupancy by three or more families shall be erected in a Residence R-3 District unless the building complies with the following regulations and controls, which are adopted and enacted for the purpose of providing proper light, air, access and safety for the persons or families residing therein:
(1) 
The land coverage of the building shall not exceed 25% of the square of the lot or plot.
(2) 
On each and every lot or plot devoted to the erection of a multifamily dwelling, there shall be provided at least 2,500 square feet of land for each one-family unit therein.
(3) 
No multifamily dwelling shall exceed 2 1/2 stories or a maximum of 35 feet in height.
(4) 
Every building shall have a front yard of not less than 20 feet in mean depth.
(5) 
Every building shall have a rear yard of not less than 30 feet in mean depth.
(6) 
A side yard shall be provided on each side of each building. Each side yard shall be not less than 15 feet in width, and the sum total of the width of both side yards shall be not less than 30 feet.
D. 
Boardinghouses, dormitories and lodging houses to be permitted in the R-3 Residential District Zone, provided that none shall contain public restaurants, stores or shops, nor carry on any merchandising activities.
[Added 12-2-1991 by L.L. No. 10-1991]
A. 
General purpose and intent.
(1) 
In order to provide suitable opportunities within the Village for the development of housing designed to satisfy the needs of smaller households, particularly the young, the elderly and families of moderate income, to encourage a broad array of housing types, dwelling unit sizes and forms of ownership and to accommodate maximum flexibility in site design, Cluster Residential Development (RCD) Districts are hereby established.
(2) 
In adopting this section, the Board of Trustees declares that such districts are conceived and enacted to promote the public health, safety and general welfare of the Village of Elmsford and more particularly to encourage innovations in residential development, so that the growing demand for housing at all economic levels may be met by greater variety in type, design and siting of dwellings, and to encourage the conservation and efficient use of land, including the permanent preservation of open space and other significant natural features. The Board of Trustees further declares that these objectives cannot be achieved through the use of traditional zoning and subdivision requirements, the application of which to large tracts of land may prevent the Village from taking full advantage of the most advanced techniques of land development.
B. 
Application procedure. The procedure for planning and zoning approval of any future proposed development in an RCD District which has not already been designated on the Village Zoning Map shall involve a two-stage review process as follows:
(1) 
Approval by the Board of Trustees of a conceptual site development plan and the reclassification of a specific parcel or parcels of land for development in accordance with that plan; and
(2) 
Approval of construction plans in accordance with the provisions of Chapter 109, Building Construction and Fire Prevention, Part 1, Building Code, of the Elmsford Village Code for the purpose of obtaining building permits. Except as provided for below, such construction plans shall conform in all respects to the conceptual site development plan approved by the Board of Trustees. Modifications to such conceptual site plan may be approved by the Building Inspector only if such changes are authorized by the Board of Trustees in its rezoning approval and if, in the judgment of the Building Inspector, such changes are warranted by engineering considerations or unanticipated field conditions.
C. 
Standards and general requirements for residential cluster developments.
(1) 
Use and density standards.
(a) 
Site area. Except as provided for below, the minimum site area required for the establishment of an RCD District shall be four acres of land having contiguity except for any dividing street, public or private, on which such tract or any portion thereof may have frontage. Subject to the approval of the Village Board of Trustees, the minimum site area requirement specified above may be modified by said Board for lots that abut an existing or proposed RCD District on two or more sides.
(b) 
Ownership. The land proposed for an RCD may be owned by one or more persons, partnerships, limited partnerships, trusts or corporations, but must be presented as a single parcel at the time of application to the Village. The application shall be jointly filed by all owners and, if approved, shall be jointly binding on all of them and all future owners. If required by the Village Board of Trustees, this shall be confirmed by written agreement, in recordable form satisfactory to the Village Attorney.
(c) 
Permitted uses. Within an RCD, permitted principal uses may include dwelling units in detached, semidetached, attached and/or multistory structures. Permitted accessory uses within an RCD may include active and passive recreational areas, off-street parking, management offices and other similar facilities as may be approved by the Board of Trustees. For properties within an RCD District that contain existing dwellings, permitted principal and accessory uses shall be the same as set forth in § 335-6 of this chapter as regulated therein.
(d) 
Density. On any RCD site, there shall be provided at least 2,500 square feet of gross site area for each dwelling unit.
(e) 
Floor area ratio. The maximum permitted residential floor area ratio within an RCD, exclusive of floor space devoted to parking, mechanical equipment rooms and similar accessory uses, shall be 0.35.
(f) 
Coverage. The maximum permitted building coverage within an RCD shall be 20%. The maximum permitted total site development coverage shall be 35%.
(g) 
Affordable dwelling units. At least 20% of the proposed residential units within an RCD shall be designated "affordable dwelling units" and shall be occupied by households with limited incomes as defined and further regulated in Subsection C(3) herein. Such units shall be physically integrated into the design of the RCD in a manner satisfactory to the Village Board of Trustees.
(2) 
Site and structure standards.
(a) 
Building height. Within an RCD, no building or structure shall exceed a height of 40 feet.
(b) 
Building length. Within an RCD no building shall exceed a length of 150 feet. As used herein, building length shall be measured along a straight line connecting the midpoints of each side wall of said building.
(c) 
Distance between buildings.
[1] 
Within an RCD, except as provided for below, the following minimum distances between buildings shall be maintained:
Positions of Facing Building Walls
Minimum Distance1 Between Facing Buildings
(feet)
Front to front
60
Front to rear
60
Front to side
402
Rear to rear
60
Rear to side
303
Side to side
204
NOTES:
1 As used herein, minimum distance shall be measured on a perpendicular from one building face to the other, excluding any projecting architectural features such as but not limited to bay windows, open porches, staircases and balconies.
2 If one of the buildings is not higher than one story, the minimum distance shall be reduced to 30 feet.
3 If one of the buildings is not higher than one story, the minimum distance shall be reduced to 20 feet.
4 If one of the buildings is not higher than one story, the minimum distance shall be reduced to 15 feet.
[2] 
The Village Board of Trustees may further modify the above minimum separation distances based upon specific environmental features of the site, such as but not limited to differences in elevation between facing buildings, landscaping and other forms of screening.
(d) 
Distance between buildings and uphill slopes. Within an RCD, a minimum horizontal distance of 20 feet, measured at windowsill level, shall be provided between any residential building window and any upward slope exceeding one foot vertical to two feet horizontal or any retaining wall higher than five feet.
(e) 
Setbacks. Within an RCD District, except as provided for below, no building or structure shall be located closer than 20 feet to any perimeter lot line of an RCD site nor 50 feet to any off-site residence. Any existing dwelling located on a separate lot within an RCD District shall be deemed to be conforming with respect to its setback from the property line, provided that it is situated on a lot of at least 5,000 square feet. Expansion of such preexisting dwellings shall be permitted, provided that such expansion is in conformance with the applicable yard and building height requirements set forth in §§ 335-14 through 335-17 of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(f) 
Screening and buffering. A buffer area of at least 15 feet shall be provided along all RCD site perimeter property lines that are contiguous to land which is used or zoned for residential purposes. All buffer areas shall be suitably landscaped with trees and shrubs, ground cover and grass or other such screening as the Village Board of Trustees may prescribe to provide for visual and acoustical buffering. No principal or accessory building or parking areas may be located within said buffer areas, but roads providing access to the RCD site shall be permitted to cross such buffer areas. The Village Board of Trustees may require increased perimeter buffers beyond the minimum wherever it determines that such are warranted by the RCD's relationship to and potential impact upon neighboring properties or land uses.
(g) 
Common property. When the site planning of an RCD results in the creation of common property, the use and enjoyment of which is shared by the owner and occupants of the individual dwelling units, the ownership of such property may be either public or private. Where such property, including on-site roads, is not dedicated to the public and/or where the Village declines to accept dedication of such property, the owner shall provide for and establish an organization for the permanent future ownership and maintenance thereof.
(h) 
Traffic circulation. All roadways within an RCD shall be designed to adequately serve their intended function and the anticipated volume of traffic generated by the development.
(i) 
Off-street parking. Off-street parking shall be provided in an RCD at the ratio of 1.5 parking spaces for each dwelling unit containing one or fewer bedrooms and two parking spaces for each dwelling unit containing two or more bedrooms. A minimum of 10% of the required parking spaces shall be unreserved and available for use by visitors.
(j) 
Utilities and services. All power and communication lines, as well as water, sewer and storm drainage lines, shall be installed underground in the manner prescribed by the regulations of the governmental agency or utility company having jurisdiction. Exterior antennas for individual buildings or dwelling units shall not be permitted. The above requirements do not apply to existing dwellings in the RCD District.
(k) 
Refuse collection and storage. Within an RCD, adequate provision shall be made for collecting and storing refuse between collections. Any outdoor storage shall be in centralized containers of adequate capacity to prevent overflow and designed to prevent rodent infestation. Adequate screening of such refuse storage areas shall be provided.
(3) 
Affordable dwelling units. The dwelling units that are required to be reserved for occupancy by households with limited incomes, as set forth in Subsection C(1)(g) herein, shall be subject to the following restrictions:
(a) 
Occupancy. An affordable dwelling unit shall be restricted, in recordable form satisfactory to the Village Board of Trustees, so that it can be rented or sold to and occupied by only a qualifying household as defined herein.
(b) 
Floor area. Gross floor area per dwelling unit shall not be less than or greater than the following:
Unit Type
Floor Area Minimum
(square feet)
Maximum
(square feet)
Studio
400
600
1 bedroom
600
850
2 bedrooms
800
1,150
3 or more bedrooms
1,100
1,400
(c) 
Income eligibility. To qualify for the rental or purchase of and occupancy in an affordable dwelling unit, the aggregate annual income of the household proposed to occupy such unit shall not exceed the following multiple of the current annual Westchester County median household income, which base amount shall be revised, effective every January 31, to conform to the prior year's change in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers for New York - northeastern New Jersey:
Unit Type
Multiple
Studio
0.50
1 bedroom
0.65
2 bedrooms
0.80
3 or more bedrooms
1.00
(d) 
Maximum rental and sales prices.
[1] 
Rental units. The maximum annual rent for an affordable dwelling unit shall not exceed 28% of the income limitations set forth in Subsection C(3)(c) hereof.
[2] 
Ownership units. The maximum sales price for an affordable dwelling unit shall not exceed 2.8 times the income limitations set forth in Subsection C(3)(c) hereof.
(e) 
Eligibility priorities.
[1] 
A qualifying household applying for the rental or purchase of an affordable dwelling unit shall be selected for occupancy on the basis of the following categories of priority:
[a] 
Volunteer Fire Department, Police Department and ambulance corps members living in and/or serving the Village of Elmsford.
[b] 
Employees of the Village of Elmsford and the Elmsford Union Free School District.
[c] 
Residents of the Village of Elmsford.
[d] 
Relatives of residents of the Village of Elmsford.
[e] 
Other persons employed in the Village of Elmsford.
[f] 
Other residents of Westchester County.
[g] 
All others.
[2] 
Within the aforementioned priority groups, preference shall be given to first-time home buyers and senior citizens.
(f) 
Administration. The Village Board of Trustees shall serve as or may establish an Affordable Housing Commission (hereinafter called the "Housing Commission"), which shall be responsible for the promulgation of such rules and regulations as may be necessary to implement the purposes and intent of this section. Such rules and regulations may include but not be limited to provisions concerning the subleasing of dwelling units, resale of dwelling units and continued eligibility of existing residents.
(g) 
Tax assessment. The limited rental income and sales prices of affordable dwelling units shall be taken into consideration by the Tax Assessor in determining the full value basis for assessments on such units.
[Amended 6-25-1956; 7-1-1963; 7-12-1965; 7-1-1968; 7-5-1988 by L.L. No. 1-1988]
Within any Business District, no building or premises shall be used in whole or in part for any industrial or manufacturing purpose, except as permitted in this section, or for any other than the following specified purposes:
A. 
Any use permitted in §§ 335-5 and 335-6, without the qualifications or limitations therein contained respecting public or gainful use, except that, other than as set forth in Subsection D below, no residence use may be permitted in such district other than one apartment attached to or constructed above the building, which apartment may be used by the owner of the building as a one-family dwelling unit.
B. 
Hotel (transient), motel (transient).
[Amended 6-1-1992 by L.L. No. 16-1992; 6-1-2009 by L.L. No. 3-2009; 12-5-2016 by L.L. No. 8-2016]
C. 
Retail store; professional or business office or office building; theater or other place of public assembly, including establishments for the purposes of education, social activities, recreation, instruction, amusement or exercise; financial institution; undertaking establishment; salesroom or showroom; market.
D. 
Multifamily dwellings, subject to site plan approval by the Board of Trustees, after review and report by the Planning Commission, and the following regulations and controls, which are adopted and enacted for the purpose of encouraging the construction of housing, which can help to meet the housing needs of the Village of Elmsford and the region in which it is located, and for the purpose of providing proper light, air, access and safety for the persons or families residing therein:
(1) 
The minimum area of a lot or plot upon which a multifamily dwelling may be located shall be not less than 40,000 square feet; except that where a lot or plot is bordered by two or more streets, the minimum area shall be 15,000 square feet.
(2) 
The land coverage of multifamily dwelling buildings shall not exceed 40% of the area of the lot or plot upon which they are located.
(3) 
On each and every lot or plot devoted to the erection of a multifamily dwelling, there shall be provided at least 1,200 square feet of land area for each dwelling unit thereon; except in the case of lots of less than 40,000 square feet, in which case there shall be provided at least 2,000 square feet of land area for each dwelling unit thereon.
(4) 
There shall be provided not fewer than two parking units per dwelling unit, with at least 10% of said parking reserved for the use of visitors and service personnel, except that the Board of Trustees may require additional parking units where determined appropriate by it.
(5) 
All front, side and rear yard requirements shall be as required for other types of buildings in the Business District, except that, where windows are provided facing a side or rear yard, yard setback shall be at least 10 feet in width. No front yard setback shall be required.
E. 
Personal service establishments, such as tailor shop, barbershop or beauty parlor; confectionery shop; butcher shop; hand laundry; hand bakery; the shop of a plumber, carpenter, electrician, mechanic welder or similar tradesman; establishment for cleaning or dyeing clothing; all provided that, in the permitted stores or shops, only electric motive power be used for operating any machinery used incidentally to a permitted use and that in no individual shop or store shall more than five horsepower or five skilled workers or operatives be employed in connection with fabricating, processing or converting operations.
F. 
Newspaper- or job-printing plants using not more than 50 horsepower in electric motive power for each 5,000 square feet of floor area occupied by the printing establishment.
G. 
Sewing, altering, laundering, cleaning, dyeing, processing or fabricating operations which are carried on in connection with a store on the same premises but which are subordinate and incidental to the merchandising carried on in such store; and provided that, in the conduct of such operations, not more than 10 operatives be thereon engaged nor more than five horsepower in electric motive power to be used in any individual establishment.
H. 
Terminal or storage building for streetcars or buses, provided that no provision be made therein for other than emergency repair work.
I. 
Electric transformer or switching station.
J. 
Bottling shop; veterinary hospital; ice or cold storage plant; steam laundry; power bakery; oil, gasoline or fuel storage; storage building; open storage yard for the sale or the storage or display of goods, wares and merchandise and any and all kinds of machinery, equipment and materials; provided that application for any such use, except if such use is accessory to a dealership of new motor vehicles, shall be made to the Board of Appeals and permission therefor, subject to appropriate regulations and safeguards, be granted.
[Amended 8-2-2016 by L.L. No. 6-2016]
K. 
Ground signs or billboards which are erected within not less than 10 feet of a front lot line or six feet of any other lot line.
L. 
Public restaurant, but not a drive-in restaurant.
[Added 11-7-1988 by L.L. No. 3-1988; amended 3-29-1999 by L.L. No. 1-1999; 12-5-2016 by L.L. No. 8-2016]
M. 
Major vehicle repair, provided such use:
[Amended 8-2-2016 by L.L. No. 6-2016]
(1) 
Is accessory and incidental to a dealership of new motor vehicles;
(2) 
Is located on the same property as such dealership of new motor vehicles;
(3) 
Is performed fully indoors; and
(4) 
Does not include painting, body and fender work.
N. 
Minor vehicle repair shop.
[Amended 8-2-2016 by L.L. No. 6-2016]
O. 
Filling stations on New York State roads within 500 feet of access to or from an interstate highway. Such filling stations shall not be subject to any limitations under § 189-22 of this Code.
[Added 8-2-2016 by L.L. No. 6-2016]
P. 
A dealership for the sale and lease of new motor vehicles, with or without an accessory major repair shop and/or minor repair shop as set forth in Subsections M and N above, and with or without outdoor storage of such new motor vehicles.
[Added 8-2-2016 by L.L. No. 6-2016]
[Added 12-5-2016 by L.L. No. 8-2016]
This Business Overlay District zoning is intended to provide the opportunity for more auto-intensive uses to occur outside of the Village's business district core where there is the appropriate roadway infrastructure and access to accommodate such uses. The Business Overlay District implements certain recommendations in the Village's Comprehensive Plan related to highway oriented businesses. The areas of the Business Overlay District shall be limited to the following: (i) North of I-287 (2.8± acres), (ii) East of the Sprain Brook Parkway Overpass (22.5± acres), and (iii) on the south side of Route 119 west of the intersection with Nob Hill Drive and on the north side of Route 119 west of the ramp from Exit 8-A of Interstate 87 (11.8± acres), collectively, the "BOL Areas."
A. 
Permitted uses. The following uses are only permitted in a Business Overlay District in accordance with the conditions and limitation provided in this § 335-9.1:
(1) 
Drive-in restaurant pursuant to a special permit as follows:
(a) 
The total number of drive-in restaurants permitted in the BOL Areas shall be limited to the following based on their respective sizes:
[1] 
North of 1-287: one;
[2] 
East of the Sprain Brook Parkway Overpass: three; and
[3] 
On the south side of Route 119 west of the intersection with Nob Hill Drive and on the north side of Route 119 west of the ramp from Exit 8-A of Interstate 87: two.
(b) 
All applications shall be referred to the Planning Commission, who shall examine the site plan submitted and shall review the environmental assessment application and report to the Village Board its recommendation on the entire project and shall suggest which Village agency shall be lead agency.
(c) 
(Reserved)
(d) 
Together with the application for a special permit, there shall be submitted preliminary approval from the appropriate state agency, County Board of Health and Village agencies as to the following:
[1] 
Curb cut approval.
[2] 
Ingress and egress.
[3] 
Acceleration and/or deceleration lanes.
[4] 
Traffic signalization.
[5] 
Internal traffic flow.
[6] 
Exhaust fumes and smoke.
[7] 
Adequate provisions for dealing with possible flood control hazards.
(e) 
There will be sufficient security to prevent loitering during the hours of operation.
(f) 
There will be proper facilities for the removal and disposal of trash and actual debris within 500 feet of the establishment.
(g) 
Parking. Additional parking spaces will be required for counter take-out service positions as may be determined by the Board of Trustees following suggestions by the Planning Commission, but in every case at least two per take-out positions.
(h) 
Landscaping. The entire lot, except areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped with grass, shrubs, trees, ground cover and pedestrian walkways in such a manner as to minimize erosion and stormwater runoff and harmoniously blend the use on the site with the character of the neighborhood. Where lot lines coincide with residence district boundaries, there shall be planted evergreen trees of such type and spacing as may be required by the Village Board of Trustees of an initial height of not less than five feet and adequate ultimately to screen as much as possible all activity on the lot from the view of residences in the adjoining residence district. A wall or fence of location, height, design and material approved by the Village Board of Trustees may be substituted for part or all of the required landscaped screening. The Village Board of Trustees may waive or modify the landscaped screening requirements of this chapter where existing topography, landscaped and/or land uses already provide adequate screening and separation. All required landscaping shall be properly maintained throughout the life of any use which it was designed to serve. If said landscaping is not maintained as required, the Building Inspector shall give 30 days' written notice by certified mail, addressed to the owner of record of such premises as shown on the most recent assessment roll. If said notice is not complied with, the Village Board may authorize the necessary maintenance and assess the cost against the property on which the landscaping is located. Any costs so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property if not paid within 30 days of the mailing of the bill.
(i) 
Lighting. All exterior lighting shall be located and shielded so that the source of the light and any objectionable glare therefrom is not unreasonably visible from any neighboring residence. The height, intensity, spacing and design of all exterior lighting fixtures shall be limited to that necessary for safety and security purposes. The lighting system design shall be subject to approval by the Village Board of Trustees as a part of the site plan.
(2) 
Hotel (nontransient) as defined in Chapter 201 herein. The total number of nontransient guest units permitted in the BOL Areas as a whole may not exceed 140 such units.
[Added 3-29-1999 by L.L. No. 1-1999]
Within the Central Business District, no building or premises shall be used in whole or in part for any industrial or manufacturing purpose, except as permitted in this section, or for any other than the following specified purposes:
A. 
Permitted uses.
(1) 
Any preexisting residential use conforming to the requirements of §§ 335-5 and 335-6 of this chapter.
(2) 
Public restaurant.
(3) 
Retail store: professional or business office or office building theater or other place of public assembly, including establishments for the purposes of education, social activities, recreation, instruction, amusement or exercise; financial institution; undertaking establishment.
(4) 
Personal service establishments, such as tailor shop, dressmaker, barbershop or beauty parlor, confectionery shop, butcher shop, laundry, bakery or dry-cleaning establishment.
(5) 
Mixed-use buildings, consisting or multifamily dwellings, over nonresidential uses permitted in § 335-9A, B, C or D. Mixed-use buildings shall be subject to the issuance of a special permit by the Village Board of Trustees following the procedures and in compliance with the applicable standards and procedures set forth in § 335-23. The following regulations and controls are adopted and enacted for the purpose of encouraging the construction of mixed use-development, which can help to meet the housing and community development needs of the downtown area as defined in the Comprehensive Plan:
[Amended 5-16-2005 by L.L. No. 2-2005]
(a) 
The minimum area of a lot or plot upon which a mixed-use building may be located shall be not less than 40,000 square feet.
(b) 
The land coverage of mixed-use buildings shall not exceed 80% of the area of the lot or plot upon which they are located.
(c) 
On each and every lot or plot devoted to the erection of a mixed use, there shall be provided at least 1,200 square feet of land area for each dwelling unit thereon; except in the case of lots of less than 40,000 square feet, in which case there shall be provided at least 2,000 square feet of land area for each dwelling unit thereon.
(d) 
There shall be provided no fewer than two parking spaces per dwelling unit, plus an additional number of spaces equal to 10% of the visitor required spaces, except that the Board of Trustees may adjust the required parking based on the location of other municipal parking and other factors, including the size of the apartment proposed in the multifamily building and the nature of the nonresidential use.
(e) 
All front, side and rear yard requirements shall be as required for other types of buildings in the Central Business District; except that, where windows are provided facing a side or rear yard, setback shall be at least 10 feet in width. No front yard setback shall be required.
(f) 
The minimum square feet for a dwelling unit shall be 1,000 square feet.
(6) 
Veterinary hospital.
(7) 
Any change of use in any portion of a building shall require the issuance of a new certificate of occupancy for such space.
B. 
Bulk and dimensional standards.
(1) 
Height. No building shall be erected to a height in excess of four stories or 49 feet in height.
(2) 
Yard requirements as follows:
(a) 
Side and rear yards. No side or rear yards shall be required; however, if either is provided, its least dimension shall not be less than 10 feet.
C. 
Landscaping. Whenever a lot line for a nonresidential or mixed-use building, its accessway or parking area borders a residence district, there shall be either:
(1) 
Planted along such line evergreen trees of such type and spacing as shall be approved by the Village Board of an initial height of not less than five feet and adequate ultimately to screen as much as possible all operations on the lot from the view of the properties in adjoining residence districts; or
(2) 
A wall or fence of location, height, design and material approved by the Board so as to screen as much as possible all operations on the lot from the view of the properties in adjoining residence districts.
D. 
Lighting. All exterior lighting and signs shall be designed so as to minimize the visual impact to adjoining and nearby residential uses.
E. 
Waiver of parking spaces. Where the Board of Trustees, in connection with its review of a site plan, determines that the immediate use of any property and the availability of public parking in the immediate vicinity may not warrant the full improvement of all required off-street parking, the Board, after review, may waive the number of such spaces.
F. 
Approval of site plans. All site plans for the proposed development within the CB District shall be subject to approval of the Board of Trustees.
[Added 1-21-2014 by L.L. No. 2-2014]
Within any Neighborhood Business District, no building or premises shall be used for any other than the following specified purposes:
A. 
Permitted principal uses.
(1) 
Residential uses; household living, subject to § 335-10.1B below:
(a) 
Dwelling units located above the ground floor.
(b) 
Multiunit (three plus units) residential.
(c) 
Residential townhouse units.
(2) 
Residential uses; group living, subject to § 335-23:
(a) 
Assisted living.
(b) 
Nursing home.
(3) 
Public and civic uses subject to § 335-23:
(a) 
Colleges and universities.
(b) 
Cultural exhibits and libraries.
(c) 
Day care.
(d) 
Lodge or private club.
(e) 
Parks and recreation.
(f) 
Postal office (not limited to processing or transfer facilities; must be open to the public).
(g) 
Public safety services.
(h) 
Civic administration.
(4) 
Commercial uses.
(a) 
Animal sales and grooming.
(b) 
Veterinary office with indoor boarding facilities as an accessory use only subject to § 335-23.
(c) 
Artist work or sales space.
(d) 
Restaurant.
(e) 
Tavern.
(f) 
Financial services.
(g) 
Food and beverage retail sales.
(h) 
Bed-and-breakfast (maximum l6 guest rooms) subject to § 335-23.
(i) 
Clinic outpatient.
(j) 
Office.
(k) 
Parking, commercial (nonaccessory) subject to § 335-23.
(l) 
Personal service, including health clubs and gyms, including postal service (without processing or transfer facilities not open to the public) subject to § 335-23.
(m) 
Repair service, consumer, including bicycles.
(n) 
Residential storage warehouse (single building) subject to § 335-23.
(o) 
Retail sales, general.
(p) 
Artisan (hand-tools only; e.g., jewelry or ceramics).
(q) 
Educational and learning centers not including primary schools subject to § 335-23.
B. 
Mixed-use buildings, consisting of multifamily dwellings, over nonresidential uses permitted in § 335-10A(5). Mixed-use buildings shall be subject to the issuance of a special permit by the Village Board of Trustees following the procedures and in compliance with the applicable standards and procedures set forth in § 335-23. The following regulations and controls are adopted and enacted for the purpose of encouraging the construction of mixed-use development, which can help to meet the housing and community development needs as defined in the Comprehensive Plan:
(1) 
The minimum area of a lot or plot upon which a mixed-use building may be located shall be not less than 1,000 square feet per dwelling unit.
(2) 
The land coverage of mixed-use buildings and impervious surfaces shall not exceed 85% of the area of the lot or plot upon which they are located.
(3) 
There shall be provided no fewer than 2.0 parking spaces per dwelling unit, plus an additional number of spaces for nonresidential uses per § 335-19F, except that the Board of Trustees may adjust the required parking based on shared parking considering limitation of operating hours for nonresidential uses or based on unit size.
(4) 
Front, side and rear yard requirements shall be as follows: side or rear yard, setback shall be at least 10 feet in width. No front yard setback shall be required.
(5) 
The minimum square feet for a dwelling unit shall be as follows:
(a) 
Studio, 450 square feet.
(b) 
One bedroom, 600 square feet.
(c) 
Two bedroom, 900 square feet.
(d) 
Three or more bedrooms, an additional 100 square feet per bedroom.
[Amended 10-20-1952]
A. 
In any Light Industrial District, no building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used for any of the following specified trades, industries or uses:
[Amended 11-6-2000 by L.L. No. 7-2000]
(1) 
Acetylene gas manufacture for commercial purposes.
(2) 
Arsenal.
(3) 
Asphalt manufacture or refining.
(4) 
Assaying (other than gold or silver).
(5) 
Blast furnace for steel making, not including cupola or converter furnaces used in foundries and in which no wood is used as fuel.
(6) 
Boiler works, structural steel fabrication shop, steel car shops, locomotive shops and railway repair shops and any metalworking shop operating pneumatic or electric reciprocating hammers or chisels within 100 feet of any boundary of the property or outside of any masonry building.
(7) 
Brick, tile, concrete block or terra-cotta manufacture.
(8) 
Candle manufacture.
(9) 
Carbon, lampblack or graphite manufacture.
(10) 
Coke oven.
(11) 
Crematory.
(12) 
Creosote treatment or manufacture.
(13) 
Disinfectant, insecticide or poison manufacture.
(14) 
Distillation of coal, wood or bones.
(15) 
Dyestuff manufacture.
(16) 
Electroplating shops, except those having artificial ventilation systems.
(17) 
Emery cloth or sandpaper manufacture.
(18) 
Explosives, fireworks or match manufacturing, assembling or storage in bulk.
(19) 
Fat rendering.
(20) 
Fertilizer manufacture.
(21) 
Fish smoking or curing.
(22) 
Forge.
(23) 
Gas, illuminating or heating manufacture in excess of 10,000 cubic feet per day, except for purposes of public utility.
(24) 
Glue, size or gelatin manufacture.
(25) 
Iron, steel, brass or copper foundry.
(26) 
Lime, gypsum, cement or plaster of paris manufacture.
(27) 
Oilcloth or linoleum manufacture.
(28) 
Ore reduction or the smelting of iron, copper, tin, zinc or lead.
(29) 
Paint, oil, shellac, turpentine or varnish manufacture.
(30) 
Perfume and extract manufacture.
(31) 
Refining or reclaiming waste oil of any description.
(32) 
Planing mill, except one within 100 feet from a railroad.
(33) 
Potash works.
(34) 
Printing ink manufacture.
(35) 
Pyroxylin plastic manufacture or the manufacture of articles therefrom.
(36) 
Rawhides or skins, storage, curing or tanning.
(37) 
Reduction of garbage, dead animals, offal or refuse except where operated by a municipality.
(38) 
Rock or stone crusher.
(39) 
Rolling mill.
(40) 
Rubber or gutta-percha manufacture from the crude or scrap material, or treatment.
(41) 
Sand, clay or gravel pit except as hereinafter provided.
(42) 
Sauerkraut manufacture.
(43) 
Sausage manufacture.
(44) 
Shoeblacking or stove polish manufacture.
(45) 
Slaughtering of animals.
(46) 
Smelter.
(47) 
Soap manufacture.
(48) 
Starch, glucose or dextrine manufacture.
(49) 
Stockyard.
(50) 
Sugar refining.
(51) 
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
(52) 
Tallow, grease or lard manufacture or refining.
(53) 
Tar distillation or manufacture.
(54) 
Tar roofing or waterproofing manufacture.
(55) 
Tobacco (chewing) manufacture.
(56) 
Vinegar manufacture.
(57) 
Wool pulling or scouring.
(58) 
Yeast manufacturing.
(59) 
An open storage yard for the sale or the storage or display of goods, wares and merchandise and any and all kinds of machinery, equipment and materials, unless approved by the Board of Appeals and permission therefor, subject to appropriate regulations and safeguards, be granted by the Board of Appeals.
[Added 6-22-1953; amended 7-12-1965]
(60) 
In a Light Industrial District, there shall be no commercial automobile repair work carried on outside of a building on any premises located in said district.
[Added 6-22-1953]
(61) 
No public garage, major vehicle repair shop or gasoline service station or filling station shall be permitted in a Light Industrial District except pursuant to special permit issued by the Board of Trustees pursuant to § 335-23 of this chapter, if in the opinion of the said Board of Trustees such additional facilities are in the public interest. Such permission and approval shall be subject to such restriction as the Board of Trustees may deem necessary for the protection of public interests.
[Added 2-2-1959; amended 7-1-1968; 6-4-2007 by L.L. No. 4-2007]
(62) 
There shall be no wrecking or dismantling of used or abandoned automobiles, either inside or outside of a building on any premises located in said district.
[Added 12-19-1960]
B. 
No building or premises or any structure whatsoever shall be used for any trade, industry, business or purpose of any kind that is noxious or offensive by reason of the emission of odor, dust, refuse matter, garbage, smoke, gas or noise or that is dangerous to the comfort, peace, enjoyment, health or safety of the community or tending to its disturbance or annoyance.
C. 
No building or premises shall be used for residential purposes.
[Added 7-1-1963][1]
[1]
Editor's Note: Former Subsection D, Permitted uses, added 3-23-1987 by L.L. No. 2-1987, which immediately followed this subsection, was repealed 6-22-1987 by L.L. No. 6-1987. Former § 80-10, Heavy Industrial District uses, added 10-20-1952, as amended, which immediately followed former Subsection D, was repealed 2-21-1995 by L.L. No. 2-1995.
[Added 3-3-1980 by L.L. No. 2-1980; amended 5-4-1981 by L.L. No. 3-1981; 6-15-1981 by L.L. No. 6-1981; 6-16-1986 by L.L. No. 2-1986; 6-22-1987 by L.L. No. 6-1987]
A. 
The purpose of establishing the Limited Office Use District in the Village of Elmsford is to allow and encourage the development of the type of high-quality office buildings which are constructed in other communities along the Route I-287 corridor across Central Westchester, including, in particular, the Town of Greenburgh, of which the Village is a part. It is intended that this district will be applied only to sites with frontage on state highways and only when located within 1/2 mile of an interchange with Route I-287. It is further intended that this district, by strictly limiting the type of nonresidential uses permitted and by requiring extensive landscaping, low lighting, adequate off-street parking and site plan review will upgrade the quality of existing nonresidential development along such state highways and will function as a transition between major commercial arteries and neighboring residential and open space areas.
B. 
The Zoning Map is hereby revised and amended to show within the Limited Office Use District the following property: Block 908 on the Tax Map of the Village of Elmsford, Lots 6 through 10, and Block 909, Lots 33, 34 and a portion of Parcel P6, Sheet 22, of approximately three acres, located at the intersection of Knollwood Road (New York Route 100A) and Knollwood Drive, opposite the end of Old Tarrytown Road; such portion of said parcel being more particularly described as follows.[1]
(1) 
Uses permitted. No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following:
(a) 
Any use permitted in Residence R-O, R-1 and R-2 Districts.
(b) 
An office building for business and professional offices and, on the same lot, uses accessory to permitted office building developments, provided that such uses shall be located entirely within a building. Such accessory uses shall be limited to incidental research, design and development laboratories, but only outpatient medical care shall be permitted.
(2) 
Lot size and road frontage. No lot shall have an area of less than 10,000 square feet nor a frontage along a state highway of less than 80 feet.
(3) 
Bulk and dimensional standards.
(a) 
No building shall be erected to a height in excess of six stories or 72 feet. Height limitations of this section do not apply to ventilators, skylights, water tanks, bulkheads, building chimneys, cooling towers, necessary mechanical appurtenances and similar features usually carried above the roof level.
(b) 
Land coverage. The maximum permitted coverage of the land with buildings shall not exceed 20% of the area of the lot on which it is located.
(c) 
Every building shall have a front yard of not less than 50 feet in mean depth.
(d) 
Every building shall have a rear yard of not less than 20 feet in mean depth.
(e) 
A side yard shall be provided on each side of each building. Each side yard shall be not less than 15 feet in width, except where adjoining off-street parking in an adjacent residence district, and the sum total of the widths of both side yards shall be not less than 30 feet. The required side yard abutting a street shall be equal to the required front yard.
(4) 
Approval of site plans. All site plans for the proposed development of limited office use properties shall be subject to the approval of the Board of Trustees.
(5) 
Off-street parking. The off-street parking requirement for office buildings in the Limited Office Use District shall be one parking unit for each 400 square feet of gross floor area. The required parking may, subject to the approval of the Board of Trustees, be provided on adjacent land within any residence district subject to such parking being located within a distance of 300 feet from the boundary of the limited office use property which it serves and further subject to such land being held in common ownership, common leasehold or common control of the owner of the limited office use site. The Zoning Board of Appeals shall have the right to vary or modify the application of any of the regulations or provisions of the Village Code regulating mandatory parking pursuant to § 335-19E of this Code.
(6) 
Landscaping, lighting and drainage.
(a) 
Landscaping. The entire lot, except areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped with grass, shrubs, trees, ground cover and pedestrian walkways in such a manner as to minimize erosion and stormwater runoff and harmoniously blend the uses on the site with the character of the neighborhood. Where lot lines coincide with residence district boundaries, there shall be planted evergreen trees of such type and spacing as may be required by the Village Board of an initial height of not less than five feet and adequate ultimately to screen all activity on the lot from the view of existing single-family residences in the adjoining residence district. A wall or fence of location, height, design and materials approved by the Village Board may be substituted for part or all of the required landscaped screening. The Village Board may waive or modify the landscaped screening requirements of this chapter where existing topography, landscaping and/or land uses already provide adequate screening and separation. All required landscaping shall be properly maintained throughout the life of any use which they were designed to serve. If said landscaping is not maintained as required, the Building Inspector shall give 30 days' written notice by certified mail, addressed to the owner of record of such premises as shown on the most recent assessment roll. If said notice is not complied with, the Village Board may authorize the necessary maintenance and assess the cost of such against the property on which the landscaping is located. Any costs so incurred shall be certified to the Tax Assessor and shall become a municipal lien against the property if not paid.
(b) 
Lighting. All exterior lighting shall be so located and so shielded that the source of the light and any objectionable glare therefrom is not visible from any neighboring single-family residence. The height, intensity, spacing and design of all exterior lighting fixtures shall be such that they will be in character with the area in which they are located. The level of lighting shall be limited to that necessary for safety and security purposes. The lighting system design shall be subject to approval by the Village Board as a part of the required limited office use site plan.
(c) 
Drainage. The stormwater drainage system shall be designed so that the rate of runoff during a one-hundred-year storm will not exceed that which would have occurred prior to the site's development.
(7) 
Uses prohibited.
(a) 
No use of any premises shall be permitted which will cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation, nor shall any premises be used in such a manner as to cause injury, offense or disturbance to any of the surrounding properties or their owners or occupants.
(b) 
No manufacturing of any kind, other than that of laboratory prototypes, retail sales of any kind and bulk storage of manufactured products shall be permitted on the premises.
(c) 
The specific type and intensity of use permitted on any premises may be limited by the Village Board to the extent determined necessary by them in order to prevent the impact of the traffic generated thereby from causing the operation of any intersection adjacent to the site from being decreased in its level of service below Level D as defined by the Institute of Traffic Engineers. In making such determination, the Village Board shall take into consideration any proposed traffic improvements designed to mitigate the impact of such traffic conditions.
[1]
Editor's Note: Said description is available for inspection in the Village offices.
A. 
A stable equivalent to a garage. For the purposes of this chapter, a stable for horses or mules shall be deemed to be equivalent to a garage, and one horse or one mule and one vehicle shall be deemed to be equivalent to one motor vehicle.
B. 
Permitted garages.
(1) 
Public garages are not permitted within any residence district, but a private garage or a group of private garages is permitted within any district.
(2) 
Within any residence district on any lot having an area of less than one acre, private garage space may be provided for not more than five motor vehicles, and one additional motor vehicle may be accommodated for each 1/5 acre that the area of the lot exceeds one acre.
(3) 
Within any Residence R-3 District, on any lot containing a residence for five or more families, private garage space may be provided, in addition to the space authorized in the immediately preceding subsection, in the ratio of one motor vehicle space to each resident family in excess of five families.
(4) 
Within any residence district, not more than 1/2 of the garage space provided on any lot shall be used for the housing of commercial motor vehicles; nor shall more than one commercial motor vehicle be housed on any lot having an area of less than 3,700 square feet.
(5) 
Within any residence district, no private garage built into a basement shall project in any part, except the doors when open, more than four feet into a required front yard.
C. 
Renting garage space. Within any residence district, not more than 1/2 of the garage space provided on any lot shall be rented out to or used by any person other than the owner of or the lessee of or a person residing in the main building on that lot; except that on any lot, space for at least one noncommercial motor vehicle may be rented out.
D. 
Restrictions on public garages, major vehicle repair shops, gasoline service stations and filling stations.[1]
[Amended 6-4-2007 by L.L. No. 4-2007]
(1) 
No part of any public garage, major vehicle repair shop, minor vehicle repair shop, gasoline service station or filling station shall be used for residence or sleeping purposes, except by a watchman.
(2) 
No part of any entrance to or exit from any public garage, major vehicle repair shop, minor vehicle repair shop, gasoline service station or filling station accommodating more than five motor vehicles shall be connected with a public street at a point within 200 feet of any building located on either side of the same street and within the same block upon which said public garage, major vehicle repair shop, or gasoline filling station is located, and used as a theater, auditorium or other place of public assembly seating over 100 persons, or used as a church, hospital, college, school or institution for dependents or children.
(3) 
No part of any building used as a public garage, major vehicle repair shop, minor vehicle repair shop, gasoline service station or filling station, and no filling pump, lift or other service appliance shall be erected within 20 feet of any boundary line of any residence district.
(4) 
No gasoline or oil pump, no oiling or greasing mechanism and no other service appliance installed in connection with any filling station or public garage shall be within 10 feet of any street line unless contained within a building and 10 feet from any street door.
[1]
Editor's Note: See Ch. 189, Gasoline Service Stations.
[Amended 1-5-1970; 1-17-1972; 12-2-1991 by L.L. No. 10-1991; 1-21-2014 by L.L. No. 2-2014]
A. 
Except as specified in this section, no building shall be erected in excess of the following heights:
(1) 
In Residence R-O, R-1 and R-2 Districts: 36 feet.
(2) 
In Residence R-3 Districts: 48 feet.
(3) 
In RCD Districts: 40 feet.
B. 
Within any business district, neighborhood business district, central business district or any light industrial district, a building may be erected to a height not exceeding 150 feet, provided it is constructed in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code, and the lot on which it is to be erected has a width of not less than 100 feet, and further provided that the lot upon which it is to be erected abuts upon a public street or highway or has in front of it a permanently open space of equivalent width abutting upon a public street or highway.
C. 
The hereinbefore specified height limits shall not apply to transmission or aerial towers, masts, flagpoles or monuments, nor to domes, cupolas, church spires, belfries, chimneys, water tanks, elevator penthouses, scenery lofts and similar parts of a building, provided that the aggregate horizontal area of such parts shall not exceed 20% of the ground area covered by the main building; nor shall the specified height limits apply to parapet walls not over four feet high.
D. 
All measurements of buildings shall be made and determined in the following manner:
(1) 
If a curb has been established on a street on which the building faces and the mean level of the entire lot is lower or not higher than five feet than the mean curb level, the measurement shall be made from that curb level.
(2) 
If the mean natural level of the entire lot is more than five feet higher or lower than the mean curb level or if there is no established curb level or if the building is set back more than 50 feet from a street, the measurement shall be made from the mean natural level of the lot on all four sides of a building adjacent to the building foundation. All such measurements shall be made to the mean level of the main portions of the roof.
A. 
Residence districts.
(1) 
Within any residence district, except the RCD District, a front yard is required on every lot, which shall be of a mean depth of not less than 20 feet.
[Amended 12-2-1991 by L.L. No. 10-1991]
(2) 
If on one side of a street within a given block there is pronounced uniformity of alignment of the fronts of existing buildings and of depths of front yards greater than the depths herein specified, a front yard shall be required in connection with any new building which shall conform as nearly as practicable to those provided on the adjacent lots, except that no such building shall be required to set back from the street a distance greater than 40 feet.
(3) 
If on one side of a street within a given block there is pronounced uniformity of alignment of the fronts of existing buildings less than herein specified, the Board of Appeals may, upon application in any individual case, permit a reduction of the front yard depths hereinbefore specified in this section, for the purpose of preserving said uniformity of alignment.
B. 
RCD Districts. Within any RCD District, the front yard requirements for buildings developed therein shall be as set forth in § 335-8C(2)(e) of this chapter.
[Added 12-2-1991 by L.L. No. 10-1991]
A. 
Residence R-O and R-1 Districts. Within any Residence R-O and R-1 Districts, a rear yard is required behind every main building of a minimum depth of 30 feet.
B. 
Residence R-2 Districts. Within any Residence R-2 District, a rear yard is required behind every main building of a minimum depth of 20 feet, and for each foot that the building height exceeds 30 feet, four inches shall be added to this minimum.
C. 
RCD Districts. Within any RCD District, the rear yard requirements for buildings developed therein shall be as set forth in § 335-8C(2)(e) of this chapter.
[Added 12-2-1991 by L.L. No. 10-1991]
D. 
Business and industrial districts.
(1) 
Within any business or industrial district where a building is used in whole or in part for residence purposes, then the rear yard requirements shall be the same as for Residence R-2 Districts described in Subsection B above, except that the rear yard here required need not extend below the level of the residence occupancy it serves.
(2) 
Within any business or industrial district, on any lot the rear line of which bounds a residence district, there shall be provided, except on the ground story, at least 1/2 as much rear yard space as is required above in Subsection B of this section.
(3) 
In any case, if a rear yard is provided, it shall be not less than 10 feet in depth.
(4) 
Every rear yard that is not otherwise accessible at its lowest level shall be made accessible by a door or other means to enable it to be properly cleaned.
A. 
Residence R-O and R-1 Districts.
(1) 
Within any Residence R-O and R-1 Districts, a side yard shall be provided on each side of each building.
(2) 
For a lot 40 feet or less in width, no side yard shall be less than five feet in width, and the sum of the widths of both side yards shall be not less than 12 feet.
(3) 
For each foot that the width of a lot exceeds 40 feet, one inch shall be added to this required minimum side yard width and three inches shall be added to this required minimum sum of both widths. Beyond a lot width of 60 feet, no further increments need be provided.
B. 
Residence R-2 Districts.
(1) 
Within any Residence R-2 District, a side yard shall be provided on each side of each building.
(2) 
For a lot 25 feet or less in width, no side yard shall be less than five feet in width.
(3) 
For each foot that the width of a lot exceeds 25 feet, one inch shall be added to the required minimum side yard width. Beyond a lot width of 50 feet, no further increment need be required.
(4) 
For each foot that the height of a building exceeds 40 feet, the foregoing minima shall be increased two inches.
C. 
RCD Districts. Within any RCD Districts, the side yard requirements for buildings developed therein shall be as set forth in § 335-8C(2)(e) of this chapter.
[Added 12-2-1991 by L.L. No. 10-1991]
D. 
Business and industrial districts. Within any business or industrial district, if a side yard is provided, it shall conform to the requirements recited for Residence R-2 Districts in Subsection B above.
A. 
When required. Within any district, a court is required wherever any room in which people live, sleep, work or congregate cannot be adequately lighted or ventilated directly from a street or a yard on the same lot to afford natural light and ventilation to such room, but no court need extend below the floor level of the room or rooms it is required to serve.
B. 
Required size. Within any district, the minimum width of an outer court shall be in the ratio of three inches to each foot of its height, and not less than six feet; and of an inner court, in the ratio of four inches to each foot of its height, and not less than eight feet. No outer court shall be longer than twice its width and no inner court shall be shorter than twice its width.
C. 
Accessibility. Every court that is not otherwise accessible at its lowest level shall be made accessible by a door or other means to enable it to be properly cleaned.
[Added 8-6-1962]
A. 
Definition of "parking unit," "loading unit" and "multifamily structure." Unless otherwise expressly stated in this chapter, the terms "parking unit," "loading unit" and "multifamily structure," for the purpose of this chapter, shall have the meanings indicated in § 335-3, Word usage; definitions.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
To facilitate public understanding of this chapter requiring mandatory off-street parking and loading spaces, the regulations governing the same are set forth in the annexed Schedule.[2] Such Schedule is hereby adopted and declared to be part of this chapter and is hereinafter referred to as the "Schedule," and may be amended in the same manner as any other part of this chapter.
[2]
Editor's Note: Included as Subsection F.
C. 
Off-street parking and off-street loading areas shall be required for all new buildings and uses. Subject to the exceptions, if any, hereinafter set forth, for every building hereafter constructed, erected or alerted, and for each use hereafter established, there shall be provided on the same premises, suitably graded, paved or graveled off-street parking areas and off-street loading areas, except that cindered or grassed areas may be used for an athletic field or stadium. Each such off-street parking area shall contain the required number of parking units (PU) set forth in the annexed Schedule, and shall have appurtenant thereto and giving access thereto adequate passageways, driveways and turning areas. Each such off-street loading area shall contain the required number of loading units (LU) set forth in the annexed Schedule. No such off-street parking area or off-street loading area shall be located on the roof of any building or structure unless a special permit therefor shall have been granted by the Board of Trustees pursuant to Subdivision E of this section. In computing such parking units and loading units, the definition defining "parking units," as contained in Subdivision A of this section, shall be applicable, and the definition defining "loading units," as contained in Subdivision A of this section, shall be applicable.
D. 
Parking units required for one-family dwellings. A parking unit required for a one-family dwelling may be provided in a private accessory garage or in a required side or rear yard, in a driveway not less than eight feet nor more than 30 feet in width, or in a combination thereof, but may not encroach upon a required front yard.
E. 
Exceptions and modifications.
(1) 
The Board of Trustees, in individual cases, after public hearing with respect to small or exceptionally irregular lots existing at the time of the enactment of this chapter, may vary or modify the application of any of the regulations or provisions of this amendment relating to mandatory off-street parking and loading areas, where there are practical difficulties or unnecessary hardships, in the way of carrying out the strict letter of this chapter, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
(2) 
The Board of Trustees, after public hearing, may direct the Building Inspector to issue a permit to allow off-street parking units, as required by this section for business uses in a Business District, to be provided on lands in Residence R-2 Districts where such lands are contiguous to a Business District fronting on a numbered state highway. Such action may be taken only in cases where the principal use is located in the Business District, the elevation of the lands in the R-2 District does not vary by more than five feet from the elevation of the Business District, and the R-2 District lands are used for no purpose other than for parking accessory to the principal use in a Business District. In authorizing such use of R-2 lands, the Board shall be governed by the following requirements:
[Amended 4-15-1968; 11-6-2000 by L.L. No. 7-2000]
(a) 
There may be vehicular access to a residential street only where access to such R-2 lands through adjoining B lands is not feasible. Exposed lighting standards shall not have a height of more than three feet. There shall be provided adequate screening in the form of evergreen hedges and/or close woven or solid fencing. Advertising devices or signs other than those required for traffic control shall not be permitted on the accessory lot. Such lots shall be paved with a suitable nonporous surface with designated individual parking units and aisles. A site plan shall be approved by the Board of Trustees only after certification by the Building Inspector as to compliance with this chapter and Building Code, and certification by the Village Engineer and Chief of Police as to sufficiency and safety of proposed means of traffic control and movement. Such permit shall not be granted in cases where the Board of Trustees determine that its issuance would reduce the validity of adjacent residential zoning or adversely affect traffic safety or general neighborhood character. The foregoing regulations, governing the use of lots in R-2 Districts for parking purposes which are accessory to principal uses in contiguous Business Districts, shall govern notwithstanding any other provisions of this chapter.
F. 
Schedule.
[Amended 12-19-1983 by L.L. No. 10-1983]
(1) 
Parking space.
[Amended 3-3-2008 by L.L. No. 1-2008; 12-5-2016 by L.L. No. 8-2016]
Building or Use
One Unit for Each of the Following
Dwellings
2 per dwelling unit plus 1 per boarder where boarders are allowed [For exceptions see Chapter 195, Group Homes, and § 335-8, Residential Cluster Development (RCD) District.]
Hospitals or institutions
3 beds and 2 medical staff members
Country clubs, golf clubs
8 members
Other clubs
8 permanent seats or 200 square feet floor area
Stadium or auditorium
10 seats
Schools, churches, Sunday school, public buildings, semipublic buildings
12 seats
Professional office or studio
2 units each
Multifamily dwellings
2 per dwelling unit
Lodging or boarding houses
2 boarders
Home for the aged
5 boarders
Nursing home
3 boarders
Nursery schools
4 seats
Hotel
2 guest rooms plus one unit for each four seats in restaurant in such hotel
Restaurant, lunchroom or other place serving food or drinks
3 seats
Office building
400 square feet rentable floor area
Retail or mercantile establishment store or service shop
400 square feet of area devoted to merchandising, exclusive of show windows
Motel
1 sleeping room
Bowling alley
Each 1/2 alley
Dance hall
50 square feet dance hall
Wholesale storage or industrial plants
2 employees
Skating rink
200 square feet floor area devoted to such use
Motion-picture theater
5 seats
Auto laundry
10 units per washing aisle
Clubs, lodges and other places of public assembly
12 seats
Warehouse
1,000 square feet plus office space
(2) 
Loading space. Each unit being 10 feet wide, 30 feet long and 14 feet high located within a structure or within a side or rear yard or within an access drive or aisle of an off-street parking space.
(a) 
One loading space in a side or rear yard for each store, and if net merchandising floor area exceeds 4,000 square feet, one additional loading space for each additional 2,000 square feet or fraction thereof.
(b) 
Outside storage, same requirement as above for the square feet used or devoted to such use.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter, except as provided in § 335-26, to repeal, abrogate, annul or in any way to impair or interfere with any existing law or ordinance or any rules or regulations relating to the use of buildings or premises; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon heights of buildings, or requires larger yards, courts or other open spaces, than are imposed or required by such existing provision of law or ordinance or by such rules or regulations or permits, the provisions of this chapter shall govern.
A. 
Authority and duties of the Building Inspector. This chapter shall be enforced by the Inspector, who shall in no case, except under a written order of the Board of Appeals, grant any certificate of occupancy or building permit with respect to any building or premises where the proposed construction, alteration or use thereof would be in violation of any provision of this chapter.
[Amended 7-10-2006 by L.L. No. 4-2006]
B. 
Certificate of occupancy. It shall be unlawful to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or in part, or to use any building or premises existing at the time of enactment of this chapter, for any other than the purpose for which it is then being used, until a certificate of occupancy shall have been applied for and issued by the Inspector, as provided in the Building Code.[1]
[1]
Editor's Note: See Ch. 109, Building Construction and Fire Prevention, Part 1, Building Code.
A. 
Organization and membership. There shall be a Board of Appeals of five members pursuant to the provisions of Article 7, § 7-712 et. seq. of the Village Law of the State of New York. The members of such Board shall be resident citizens of the Village of Elmsford. The members of the existing Board shall continue to serve out their terms. The present Chairman shall continue to serve out his existing term and his successor shall be appointed by the Board of Trustees.
[Amended 5-16-2005 by L.L. No. 2-2005]
B. 
Alternate members. The Board of Trustees may appoint an alternate member of the Board of Appeals. Such alternate member shall attend meetings of the Board of Appeals but shall only participate in its deliberations and vote in the event that a member of the Board of Appeals is absent or otherwise unable to act with respect to a particular matter. The Chairperson of the Board of Appeals may designate an alternate member to substitute for a member when such member is absent or otherwise unable to act with respect to a particular application or matter before the Board of Appeals. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Board of Appeals. Such designation shall be entered into the minutes of the initial Board of Appeals meeting at which the substitution is made. All provisions of Village Law § 7-712 which pertain to Zoning Board of Appeals members, including, without limitation, training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members.
[Amended 5-16-2005 by L.L. No. 2-2005]
C. 
Meetings and minutes. All meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The presence of a majority of the members shall be necessary for a quorum. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question, or, if any member is absent or fails to vote, indicating that fact, and shall also keep records of its examination and other official actions. Every rule, determination, regulation, amendment or repeal thereof, and every order requirement and decision of the Board shall be filed in the office of the Village Clerk and shall thereafter be a public record within five business days after the day such decision is rendered.
[Amended 5-16-2005 by L.L. No. 2-2005]
D. 
Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law, which powers and duties are summarized and more particularly specified as follows:
[Added 4-16-1962; amended 5-16-2005 by L.L. No. 2-2005]
(1) 
Appeals and variances.
(a) 
The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.
(b) 
Use variances.
[1] 
The Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.
[2] 
No such use variance shall be granted by the Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship, the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
[a] 
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;
[b] 
That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;
[c] 
That the requested use variance, if granted, will not alter the essential character of the neighborhood; and
[d] 
That the alleged hardship has not been self-created.
[3] 
The Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(c) 
Area variances.
[1] 
The Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances, as defined herein.
[2] 
In making its determination, the Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:
[a] 
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
[b] 
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
[c] 
Whether the requested area variance is substantial;
[d] 
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and
[e] 
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.
[3] 
The Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
(d) 
Variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations, or where a proposed special permit use contains one or more features which do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Board of. Appeals for an area variance or variances without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter.
(e) 
Conditions and safeguards. The Board of Appeals, in the granting of both use variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. Such conditions or restrictions shall be directly related to the proposed use of the property. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter, and may constitute the basis for denial or revocation of a building permit, certificate of conformance or certificate of occupancy and for all other applicable remedies.
(2) 
The Board of Appeals shall have such other powers and duties as the Board of Trustees shall from time to time determine.
E. 
Appeal or application.
[Added 7-12-1965; amended 7-1-1968; 5-16-2005 by L.L. No. 2-2005]
(1) 
An appeal shall be taken within 60 days of filing the order or decision appealed from in the Town Clerk's office, by filing with the official or agency from whom the appeal is taken and with the Board of Appeals, a notice of appeal specifying the ground thereof. The official or agency from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. A referral to the Board for a variance, or a request for an interpretation, may be made at any time. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds on which it is claimed that the same should be granted.
(2) 
Notice of hearing. Notice of any hearing before the Board of Appeals shall be published by the Board in the official paper at least five days prior to the date of said hearing. Notice of the hearing shall also be mailed by the Board to the parties and to the Regional State Park Commission having jurisdiction over such appeal, at least five days before such hearing. In addition, the Board shall give any other notice required by law. The applicant shall mail, by certified mail, at least 10 days before such hearing, notice of the hearing to all abutting property owners and to all owners of the property situated directly across a street from the property affected by such appeal. Proof of such mailing shall be submitted to the Board by the applicant prior to the hearing. The applicant shall be responsible for the cost of publication and mailing of such notice. Further, the applicant shall post a sign, which should be located so that it is visible from the nearest public street, on the property referenced in such application at least 10 days but not more than 20 days prior to the Board of Appeals scheduled hearing on the matter. Such signs shall be issued by the Secretary of the Board of Appeals upon receipt. of a security deposit, in an amount to be set forth by resolution by the Board of Trustees in the Master Fee Schedule as same may be amended from time to time, which security deposit shall be retained by the Village in the event that the applicant fails to return the sign within 10 days after the close of the public hearing.
(3) 
Referral to Board of Trustees and Planning Commission. The Board of Appeals shall, not less than five days prior to the date of the required public hearing, transmit a copy of the application, together with a copy of the notice of the public hearing to be held thereon, to the Board of Trustees and the Planning Commission. The Planning Commission may submit to the Board of Appeals an advisory opinion on such application.
(4) 
Hearing. The Board of Appeals shall conduct a public hearing on any application made pursuant to this chapter. At such public hearing all those present and wishing to be heard shall be given an opportunity to be heard. If the Board of Appeals or the applicant determines that a stenographic record of such hearing is required, the cost of the same, including the transcript thereof, shall be paid by the applicant. If such a stenographic record is requested, the same shall be filed as provided in Subsection E(6) hereof.
(5) 
Decision.
(a) 
The Board of Appeals shall decide upon the appeal for relief, interpretation or determination within 62 days after the close of said hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Board of Appeals shall be by resolution, shall be recorded and shall fully set forth the facts of the case, the findings and the conclusions on which the decision was based. The decision of the Board of Appeals, which shall be incorporated in the approved minutes of the Board of Appeals, shall be filed in the office of the Village Clerk within five business days after the day such minutes are approved, and a copy of such resolution shall be filed with the Board of Trustees, the Planning Commission and the Building Inspector and one copy mailed to the applicant.
(b) 
Vote required. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(6) 
Rehearing. A motion for the Board of Appeals to hold a rehearing to review any order, decision or determination of the Board of Appeals not previously reviewed may be made by any member of the Board of Appeals. A unanimous vote of all members of the Board of Appeals then present is required for such hearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board of Appeals may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board of Appeals finds that the rights vested by persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.
F. 
Special exception (conditional use) permits by the Board of Appeals.
[Added 12-19-1966]
(1) 
After public hearing held pursuant to the rules and regulations of the Board of Appeals, the Board may permit in a Residence R-1 District two-family dwellings which were in existence at the time of the effective date of this amending ordinance and converted from one-family dwellings to two-family dwellings in violation of this chapter of the Village of Elmsford, but which, through inadvertence, were allowed to continue, and also permit in such district the erection and use of new two-family dwellings; provided, however, that such special exception use complies with the standards, both general and special, set forth in Subsection E of this section for the guidance of the Board of Appeals in granting or denying applications for special permits, and subject to appropriate regulations, conditions and safeguards which will ensure that the granting of such special exception use shall not impair the use, enjoyment and value of adjacent residential properties and shall not be detrimental to the prevailing residential character of the neighborhood.
(2) 
Board of Appeals may impose further conditions. Upon finding that such general and special standards have been fully met, the Board of Appeals may grant such special exception, and in so doing may impose any conditions that it may deem necessary to accomplish the reasonable application of said standards. The Board of Appeals may deny any application for a special exception which in its judgment is not in accordance with said general or special standards. Said Board may require as a condition of the granting of any special exception that it shall be periodically renewed, or said Board may grant a temporary special exception subject to adequate guaranties that the use covered will be terminated at the end of the period specified, or such extension thereof as may be granted by said Board, provided that any such renewal or extension shall be subject to the same procedure as specified herein for the original granting of the special exception involved, and to conformity with general special standards.
(3) 
Time limit. The owner or lessee of any structure or building located in a Residence R-1 District which has been converted from a one-family to a two-family dwelling in violation of this chapter, must within a period of 30 days from the effective date of this chapter apply to the Board of Appeals for the special exception mentioned and described in this Subsection F, specifying in such application the character and extent of the nonconformity of such building or structure.
(4) 
Cessation of nonconforming use. Any nonconforming building or structure located in a Residence R-1 District, for which a special exception has not been applied for by the owner or lessee within the time limit above provided, shall be discontinued and made conforming within a period of 45 days from the effective date of this chapter.
(5) 
Violations, penalties and remedies. In case the owner or lessee of a nonconforming building or structure in a Residence R-1 District fails to discontinue the nonconforming use of such building or structure, and make the same conform within the limit of time fixed in the preceding paragraphs hereof, then in that event such building or structure and the use thereof shall be deemed a violation of this chapter of the Village of Elmsford, and the owner or lessee shall be subject to all the penalties provided in said ordinance for a violation of the same, and the local authorities of the Village, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful maintenance or use, to restore, correct or abate such violation, to prevent the occupancy of such building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
[Added 7-1-1968; amended 6-6-1983 by L.L. No. 7-1983; 5-1-2000; 5-16-2005 by L.L. No. 2-2005]
A. 
Statement of purpose. All uses listed as subject to approval as set forth in this section are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case, and they shall conform, but not be limited, to the following general requirements, as well as the pertinent specific requirements.
B. 
General provisions. The special uses listed hereunder for which conformance to additional standards is required by this Zoning Chapter shall be deemed to be permitted uses subject to the satisfaction of the requirements and standards set forth herein, in addition to all other requirements as set forth in this Zoning Chapter.
C. 
Application, public hearing and general standards. Application for required special permits shall be made to the Board of Trustees together with such fees as are set forth in the Master Fee Schedule of the Village of Elmsford as maintained by the Village Clerk, as same may be amended from time to time by resolution of the Board of Trustees. Each such application shall be referred to the Planning Commission for a report, which report shall be rendered prior to the date of public hearing on the application. A public hearing for the special permit application shall be held within 62 days of receipt of a complete application and shall require the same notice required by law for zoning amendments. Within 62 days of the close of the public hearing, the Board of Trustees shall decide whether to approve, approve with modifications or disapprove the special permit application. The time at which the Board of Trustees must arrive at its decision may be extended at the request of the applicant or as necessary for the Board of Trustees to complete all necessary environmental review requirements pursuant to the State Environmental Quality Review Act (SEQRA). A copy of the Board's decision shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant. The Board of Trustees may authorize the issuance of a permit, provided that it shall find that all of the following conditions and standards have been met, and may deny such application which in its judgment is not in accordance with said conditions and standards:
(1) 
The location and size of the use, the nature and intensity of the operations and traffic involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to the type, arrangement and capacity of streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
(2) 
The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping and screening on the site, as existing or proposed, are such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
(3) 
Operations in connection with any special use will not be more objectionable to nearby properties by reason of noise, fumes, vibrations, lighting or flashing of lights, than would be the operations of any permitted use not requiring a special permit,
(4) 
Parking areas will be of adequate size for the particular use properly located and suitably screened from any adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
(5) 
Each special use shall be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the district in which the property is situated and will not be detrimental to the orderly development of adjacent districts.
(6) 
Each special use sought in a residential district shall be so located on the lot involved that it shall not impair the use, enjoyment and value of adjacent residential properties.
(7) 
The nature and intensity of a special use sought in a residential district and the traffic generated by it shall not be hazardous, incongruous or detrimental to the prevailing residential character of the neighborhood.
(8) 
Each special use in a business district shall be harmonious with the district in which its location is sought, shall not create undue pedestrian or vehicular traffic hazards and shall not include any display of signs, noise, fumes or lights that will hinder the normal development of the district or impair the use, enjoyment and value of adjacent land and buildings.
D. 
Required plan. A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special permit. The plan shall be drawn to some convenient scale, and shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, topography, special features, and any other pertinent information, including such information about neighboring properties as may be necessary to determine and provide for the enforcement of this Zoning Chapter.
E. 
Conditions and safeguards. The Board of Trustees shall attach such conditions and safeguards to the special permit as are necessary to assure continual conformance to all applicable standards and requirements.
F. 
Time limitations of permit.
(1) 
The Board of Trustees may issue a special permit for a stated period, subject to an application for renewal or extension of said permit.
(2) 
Two violations of any condition or safeguard imposed by the Board of Trustees may be the basis for the Board of Trustees to deny the renewal or extension of a special permit.
G. 
Expiration. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall expire if said use or uses shall cease for more than six months for any reason.
H. 
Existing violations. No permit shall be issued for a special use for a property upon which there is an existing violation under any provision of the Code of the Village of Elmsford, including without limitation, this Zoning Chapter, and/or the Uniform Fire Prevention and Building Construction Code of the State of New York.
I. 
Preexisting uses deemed to be conforming. Any lawful use existing at the time of the adoption of this chapter or any amendment thereof which, if newly created under this chapter, would require a special permit in the district in which it is situated, may be continued and shall be deemed to be a conforming use, but any modification, change or extension thereof shall be subject to the issuance of a special permit as provided in this chapter.
J. 
Special permits shall be required for the following:
(1) 
Wireless telecommunications services facility.
(a) 
The following special permit standards and requirements shall apply to all wireless telecommunications services facilities.
(b) 
Purpose. The purpose of these special regulations is to reasonably control the location, construction and maintenance of wireless telecommunications facilities in order to encourage the siting of wireless telecommunications services facilities in nonresidential areas and to protect, to the maximum extent practicable, aesthetic impacts, the property values of the community, the health and safety of citizens, and a citizen's ability to receive communication signals without interference from other communication providers, while not unreasonably limiting competition among telecommunications providers.
(c) 
Use. Except as provided hereinafter, no wireless telecommunications services facility shall be located, constructed or maintained on any lot, building, structure or land area in the Village of Elmsford, except in conformity with the requirements of this chapter and all other applicable regulations.
(d) 
Location and access. Subject to the Board of Trustees' review and evaluation of technological, structural, safety and financial considerations associated with alternative locations for the siting of wireless telecommunications services facilities, the following locational priorities shall apply in the order specified, consistent with the Village's objective to create the least amount of aesthetic impact and preserve both the scenic values and the property values of the Village:
[1] 
Collocation on existing wireless telecommunications services facilities previously approved by a duly authorized board of the Village, as identified on an inventory of existing wireless telecommunications services facilities which shall be maintained by the Village (the Eligible Collocation Sites Inventory). Collocation shall be required unless it has been demonstrated to the satisfaction of the Board of Trustees that:
[a] 
None of the sites identified on the Eligible Collocation Sites Inventory within the service area can accommodate the proposed wireless telecommunications services facility in a reasonably financially and technologically feasible manner consistent with the wireless communications service carrier's system requirements;
[b] 
None of the sites identified on the Eligible Collocation Sites Inventory within the service area can accommodate the proposed wireless telecommunications services facility with respect to structural or other engineering limitations, including frequency incompatibilities; or
[c] 
The owners of the sites identified on the Eligible Collocation Sites Inventory within the service area lawfully refuse to permit the applicant use of the site.
[2] 
Nonresidential sites, buildings and structures located in business districts and industrial districts containing any other type of existing communications antenna previously approved by a duly authorized board of the Village.
[3] 
Other lands in business districts and industrial districts.
[4] 
Lands used for nonresidential purposes in a residence district.
[5] 
Other lands in a residence district.
(e) 
All new wireless communication services facilities and premises shall be of proper size, location and design to accommodate collocation of other service providers' facilities, unless otherwise permitted by the Board of Trustees. Wherever possible, such facility shall be attached to an existing building or structure. To the maximum extent practicable, existing roadways shall be used to provide access to the site of a wireless telecommunications services facility.
(f) 
Setbacks. Wireless telecommunications services facilities, except those structurally mounted to an existing building or structure, shall be located not less than two times the otherwise applicable setback requirements for principal structures for the district in which the property is located, or the height of the facility plus the otherwise applicable setback requirements for principal structures for the district in which the property is located, whichever shall be greater. Wireless telecommunications services facilities structurally mounted to the roof of an existing building or structure shall be set back from the side of the building or structure so as to minimize its visibility, but in no case less than 10 feet.
(g) 
Freestanding structures. No freestanding wireless telecommunications services facility shall be permitted except for a monopole.
(h) 
Height limitations. Notwithstanding the following height limitations, in no case shall a wireless telecommunications services facility exceed the minimum height reasonably necessary to accomplish the purpose it is proposed to serve.
[1] 
The height of any antennas, or other associated equipment, structurally mounted as part of a wireless telecommunications services facility shall not exceed by more than 15 feet the highest point of the existing structure on which such antennas or equipment are affixed.
[2] 
The height of any monopole utilized in a wireless telecommunications services facility shall not exceed 100 feet in height measured from the highest point of such facility to the finished grade elevation of the ground immediately adjacent to the structure.
(i) 
Visual mitigation. The applicant/provider shall prepare a visual impact assessment of the proposed wireless telecommunications services facility based upon appropriate modeling, photography and other pertinent analytical techniques as required by the Board of Trustees. Landscaping and/or other screening and mitigation, including but not limited to architectural treatment, use of neutral or compatible coloring and materials, or alternative construction and transmission technologies shall be required to minimize the visual impact of such facility from public thoroughfares, important viewsheds and vantage points and surrounding properties to the extent practicable, as determined by the Board of Trustees. No signs shall be erected on any wireless telecommunications services facility except as may be required by the Board of Trustees for security or safety purposes.
(j) 
Lighting. The wireless telecommunications services facility shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
(k) 
Operational characteristics. Unless otherwise superseded by the Federal Communications Commission (FCC), the design and use of the proposed wireless telecommunications services facility, including its cumulative impact with other existing and approved facilities, shall be certified to conform with the maximum NIER exposure standards promulgated by the FCC, as amended. Said certification shall include a report by a licensed professional electrical engineer with expertise in radio communication facilities and/or health physicist acceptable to the Board of Trustees. Except as otherwise provided by law, the applicant shall provide an annual certification of conformance with the applicable emissions standards and the requirements and conditions of special permit and site plan approval. Additionally, copies of certification reports shall be submitted to the Board of Trustees whenever they are required to be submitted to the FCC. The Board of Trustees may hire a qualified professional of its choosing to review and confirm such initial and annual certification report, the cost of which shall be reimbursed by the applicant in accordance with the escrow account procedures established for the reimbursement of professional review fees for subdivision, site plan and special permit applications. Any violation of the emissions standards shall require immediate discontinuation and correction of the use responsible for the violation. Any such violation of these requirements of this Chapter or the conditions of special permit or site plan approval shall be deemed to be an offense punishable by fine and/or imprisonment in accordance with § 335-24 of this chapter.
(l) 
Noise. Noise-producing equipment shall be sited and/or insulated to prevent any detectable increase in noise above ambient levels as measured at the property line.
(m) 
Utility service. Electrical and land-based telephone lines extended to serve the wireless telecommunications services facility sites shall be installed underground.
(n) 
Safety provisions. A wireless telecommunications services facility shall be designed and. erected so that in the event of structural failure, it will fall within the required setback area and, to the maximum extent possible, away from adjacent development.
(o) 
Security provisions. A security program shall be formulated and implemented for the site of a wireless telecommunications services facility. Such program may include physical features such as fencing, anti-climbing devices or elevating ladders on monopoles and/or monitoring either by staff or electronic devices to prevent unauthorized access and vandalism.
(p) 
Annual structural inspection and report. A monopole over 50 feet in height shall be inspected annually at the expense of the service provider by a licensed professional engineer, or at any other time upon a determination by the Building Inspector or other Village designated code enforcement officer that the monopole may have sustained structural damage, and a copy of the inspection report shall be submitted to the said Building Inspector or other Village designated code enforcement officer as the case may be.
(q) 
Lease agreement. In the case of an application for approval of a wireless telecommunications services facility to be located on lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner together with any subsequent modifications thereof, shall be provided to the Board of Trustees, and a copy shall be filed with the Village Clerk.
(r) 
Removal. A wireless telecommunications services facility shall be dismantled and removed from the property on which it is located within 60 days when it has been inoperative or abandoned for a period of six (6) months or more from the date on which it ceased operation. The applicant shall provide to the Village written notification, including identification of the date the use of the facility was discontinued or abandoned by one or more of the service providers, acknowledgment of the requirement to remove the facility and identification of the plans for the future of the facility.
(s) 
Application procedure.
[1] 
An application for approval of a wireless telecommunications services facility shall be submitted on the relevant forms for special use permit and site plan approval. Site plan approval by the Board of Trustees in accordance with § 335-28 of this chapter shall be required.
[2] 
The operator of the wireless telecommunications service shall submit a certificate of public utility unless it can be demonstrated to the satisfaction of the Board of Trustees that the operator of such facility is exempt from such requirement pursuant to New York State law. The operator of such facility shall also demonstrate to the satisfaction of the Board of Trustees that there is a compelling public need for such facility at the location(s) proposed by the applicant. Such demonstration shall include the preparation of existing and master effective service area plans which:
[a] 
Minimize the number of such facilities within the service area(s);
[b] 
Maximize collocation of wireless telecommunications services facilities;
[c] 
Identify all existing and proposed wireless telecommunications facilities which impact upon the service area covering the Village of Elmsford, including but not limited to topographic maps of the Village with service coverage and service gap grids and all proposed and other functionally acceptable locations for such facility(ies); and
[d] 
Analyze feasible alternatives to reasonably minimize the visual impacts and exposure levels.
[3] 
Any application for a wireless telecommunications services facility shall include a statement and appropriate documentation demonstrating that the Village's existing facilities inventory has been reviewed and, to the extent relevant to provide wireless telecommunications services in the area which is the subject of such application, that all reasonable efforts have been made to collocate such facility on all sites identified in such existing facilities inventory and all other existing sites with communication antennas within the service area.
[4] 
As a condition of special permit approval, the applicant shall be required to provide a written agreement, in recordable form suitable for filing and prepared to the satisfaction of the Village Attorney, acknowledging that it shall be required to allow the collocation of other future wireless telecommunications service facilities unless otherwise unreasonably limited by technological, structural or other engineering considerations.
[5] 
Where collocation of a wireless telecommunications services facility is proposed the added wireless telecommunications services facility shall be permitted, as an amendment to the existing special use permit for the site containing such facility, by submission of an application for a building permit and without the need for an application for an amended special permit or site plan approval, provided such facility meets all of the otherwise applicable requirements of this chapter and no physical modification other than the attachment of the antennas and the installation of associated equipment to be located on site is required. An amended written narrative and certification report indicating conformance with all of the special permit standards and conditions of site development plan approval shall be provided in addition to all required information in support of the required building permit. An as-built drawing of the modified facilities shall be filed with the Building Department. The Building Inspector shall provide written notification to the Board of Trustees and the Planning Commission of the Village's receipt of such building permit application.
[6] 
The applicant and all future owners of the premises and the wireless telecommunications services facility shall at all times keep on file in the office of the Village Clerk the name, address, and telephone number of the owner and operator of such facility and of at least one individual who shall have authority to arrange for the maintenance of the premises and facility, and who shall be authorized to accept service of notices and legal process on behalf of the owner and operator(s) of the premises and facility and to bind the owner to any settlement, fine, judgment, or other disposition which may result from any civil or criminal action or proceeding instituted by the Village against such owner and/or operator(s).
(t) 
In order to further facilitate the shared use of public utilities and wireless telecommunications services facilities, the Board of Trustees may, by resolution, waive or modify any of the special permit standards and criteria contained herein.
(u) 
All wireless telecommunications facilities shall be constructed, operated, maintained, repaired, modified or restored in strict compliance with all current technical, safety and safety-related codes adopted by the Village, county, state or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsibly workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(2) 
Public garages, major vehicle repair shops, gasoline service stations and filling stations.
[Added 6-4-2007 by L.L. No. 4-2007]
(a) 
A public garage, major vehicle repair shop, gasoline service station or filling station shall be permitted by special permit in the Light Industrial Districts only, and then only after a public hearing held at the direction of the Board of Trustees in accordance with this § 335-23. The Board of Trustees, in acting upon an application for such special permit, may approve the same if it shall determine in its judgment that, in addition to the standards set forth in § 335-23C:
[1] 
The area lacks such facilities or is inadequately served by existing facilities.
[2] 
The proposed use is in the public interest, will not create undue fire or traffic hazards, impair the character of the neighborhood, or adversely affect property values, and the layout and design of the use is reasonably in keeping with the character of neighboring structures, thus tending to promote the stability of the area and taxes therefrom.
[3] 
Such use shall not be within 200 feet of the entrance to any church, hospital, public library, public or duly licensed private school, nor shall any part of the building or equipment be within 25 feet of the boundary line of any residence district, nor within 15 feet of any street or building line.
[4] 
The special permit use sought will be reasonably necessary for the promotion of public health, safety and general welfare.
[5] 
It is appropriately located with respect to adequate streets for proper access, transportation facilities, water supply, fire and police protection, waste disposal, and other similar facilities.
[6] 
The benefits to be derived by the granting of this special permit outweigh the disadvantages connected with the same.
(b) 
Upon a finding that such general standards and the special standards set forth above and in § 335-23C have been met, the Board of Trustees may grant such special permit and, in so doing, may impose further standards and conditions deemed necessary to accomplish the reasonable application of said standards and in order to protect the interest of the general public as well as the interest of the neighboring property. Such permit shall not be transferable and shall not authorize the person to whom it is granted to conduct said business at any location other than that specified herein.
(c) 
Any addition to, extension of or enlargement of any public garage, major vehicle repair shop or gasoline filling station presently existing, either in the Business or Light Industrial District, is hereby prohibited without the issuance of a special permit therefore from the Board of Trustees, permitting the same after a public hearing to be held before the Board of Trustees.
(d) 
Annual inspection. Every use for which a special permit is issued under this § 335-23J(2) shall be subject to annual renewal which renewal, shall only be approved upon an inspection to be performed by the Building Inspector or other Village-designated code enforcement officer to confirm conformance of the use and operation of the facility with the applicable provisions of the Village Code and New York State Building Code.
(e) 
Fees. In addition to any other fees required under this section, a fee as established by resolution of the Board of Trustees in the Master Fee Schedule which may be amended from time to time, per year or any part thereof shall be paid annually, in advance, by the owner on record, for an inspection under § 335-23J(2)(d) above.
(3) 
Finished basements and finished attics in residential structures.
[Added 8-4-2015 by L.L. No. 5-2015]
(a) 
No new residence shall have a finished basement or a finished attic, nor shall any unfinished basement or unfinished attic in an existing residence be finished unless and until the property owner thereof, or his designee, shall have first obtained a special permit from the Board of Trustees relative to such basement or attic, as the case may be.
(b) 
All finished basements and finished attics shall comply with the Residential Code of New York State, as same may be amended from time to time.
(c) 
No basement or attic shall be constructed or finished to serve as a separate dwelling unit or separate living quarters, nor shall have such qualities or indicia of a separate dwelling unit or separate living quarters.
(d) 
A finished basement may have either cooking facilities or a full bathroom (shower and/or tub), but not both.
(e) 
A finished attic may have a full bathroom (shower and/or tub), but may not have cooking facilities.
(f) 
For the purposes of this subsection, the term "cooking facilities" shall include, without limitation, kitchen appliances, installations or any area used, or designated to be used, for food preparation.
(g) 
Inspection. It shall be a condition to all special permits issued under this § 335-23J(3) that the Building Inspector or other Village-designated code enforcement officer shall have the right to inspect the subject premises, including the finished basement or finished attic, as the case may be, one time per calendar year upon 24 hours' notice to the property owner, to confirm conformance of the use and operation of the facility with the applicable provisions of the Village Code, the New York State Building Code, and the special permit issued therefor and this chapter. In the event of any violation thereof, in addition to any other rights provided in this Village Code, the Board of Trustees may revoke the special permit theretofore granted, or it may in its discretion permit the correction of the violation, whereupon the right of inspection shall increase to two times per calendar year. Subsequent violations shall also result in the revocation of the special permit or additional annual inspections upon correction of such violations as the Board of Trustees shall determine in its sole discretion.
(h) 
Notwithstanding the provisions of § 335-23C of this chapter, special permits under this § 335-23J(3) shall not be subject to referral to the Planning Commission nor subject to public hearing.
K. 
Revocation and modification.
(1) 
All such special permits issued by the Board of Trustees may be subject to revocation or modification by the Board of Trustees upon a material breach or violation of any condition, term or safeguard imposed by the special permit or any other requirements imposed by this chapter on the property which is the subject of the special permit and which is committed during the existence of the special permit.
(2) 
Prior to the revocation or modification of any special permit, the Board of Trustees shall, upon at least 10 days' notice to the property owner and/or person to whom the special permit was issued, cause to be mailed to the property owner and/or person to whom the special permit was issued, a notice stating the alleged breaches or violations warranting such action, and the time and place of the hearing to be held concerning the revocation or modification of the special permit. The property owner and/or the person to whom the special permit was issued shall be given an opportunity to be heard and to introduce the testimony of witnesses and documentary evidence, and shall be given an opportunity to prove by competent evidence that the premises are in full compliance with the terms, conditions and safeguards imposed by the special permit and all other requirements imposed by this chapter, and any mitigating circumstances surrounding the alleged breach or violation.
(3) 
The action of the Board of Trustees relative to such revocation or modification shall be final. Upon revocation, it shall be unlawful to use or occupy any portion of the property for the use specified in the special permit.[1]
[1]
Editor's Note: Former § 80-21B, Public nuisances, added 11-2-1964, which immediately followed this subsection, was deleted 11-6-2000 by L.L. No. 7-2000.
[Amended 6-25-1956; 2-3-1992 by L.L. No. 5-1992; 11-6-2000 by L.L. No. 7-2000; 7-10-2006 by L.L. No. 4-2006; 9-1-2015 by L.L. No. 4-2015]
A. 
The proliferation of illegal and unsafe housing poses a clear and significant danger to the lives of those residing in such housing, as well as to the emergency responders and Village employees who are called to emergencies at, or who otherwise visit and inspect such housing. The Village of Elmsford is aware of and duly acknowledges the existence of § 20-2006 of the Village Law of the State of New York and hereby supersedes such section.
B. 
For purposes of this section, the term "person" shall include, without limitation, any individual person, corporation or other business entity, whether as owner, lessee, architect, contractor or builder, or the agent or employee of any of them.
C. 
Subject to Subsection D below, any person who violates or is accessory to the violation of any provision of this chapter or any rule or regulation made under the authority conferred by this chapter, or who shall erect, construct, alter, enlarge, convert or move any building or structure or any part thereof without a building permit or in violation of any statement or plans submitted and approved under the provisions of this chapter, or who shall use any building, structure or land in violation of this chapter or any rule or regulation made under the authority conferred by this chapter, or in violation of the provisions of any building permit or change of occupancy permit or certificate of occupancy or without a building permit, change of occupancy permit or certificate of occupancy where one is required by this chapter, and who fails to abate said violation within the time period specified on the violation notice and after written notice has been served upon him either by mail or personal service, shall be liable to a fine or imprisonment as follows:
(1) 
Persons found guilty of a first offense shall be subject to a fine of not less than $500 nor more than $1,000 for each violation and/or imprisonment up to 15 days. Each day such violation of this chapter is allowed to exist after the allotted time for its cure, if any, shall constitute a separate and distinct violation, subject to the same fine to be accrued for each such day after the allotted time for its cure, if any.
(2) 
Persons found guilty of a second offense shall be subject to an automatic fine of not less than $5,000 nor more than $20,000 and/or imprisonment up to one year. Each day such violation is allowed to exist after the allotted time for its cure, if any, shall constitute a separate and distinct violation, subject to a continuing fine of $1,000 per day to accrue for each such day after the allotted time for its cure, if any.
(3) 
Persons found guilty of a third offense and any subsequent offense shall be subject to an automatic fine of not less than $15,000 nor more than $50,000 and/or imprisonment up to one year. Each day such violation is allowed to exist after the allotted time for its cure, if any, shall constitute a separate and distinct violation, subject to a continuing fine of $1,000 per day to accrue for each such day after the allotted time for its cure, if any.
D. 
Subsections C(2) and C(3) hereinabove shall only apply to violations relating to the following sections of this chapter: §§ 335-5A(1), 335-5B(2), 335-6A, 335-6B, 335-6D, 335-7A, 335-7B, 335-7C, 335-7D, 335-9A, 335-10A(1), 335-12B(1)(a), and 335-21.
E. 
Nothing in this chapter shall be construed as depriving the Village or the Village Board or any official thereof of the right to apply for an injunction to prevent any violation of this chapter or of the right to employ any other available remedy.
F. 
In case any building or structure is erected, constructed, reconditioned, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Village Board or the Building Inspector, or any other official of the Village, through the Village Attorney, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such building, structure or land.
G. 
The Building Inspector shall maintain a cumulative file, open to public inspection, of each violation of this chapter, arranged by volume, sheet, block and lot numbers, so that the full case history of each such violation may be available.
This chapter may be amended, revised or repealed by the Board of Trustees in the manner provided by law.
An ordinance adopted July 7, 1924, by the Board of Trustees of the Village of Elmsford, heretofore known as the "Zoning Ordinance of the Village of Elmsford," together with any amendments thereof, is hereby repealed.
This chapter shall be known as the "Zoning Ordinance of the Village of Elmsford, New York."
[Added 9-27-2004 by L.L. No. 10-2004]
A. 
Authority of Board of Trustees.
(1) 
Pursuant to Village Law § 7-725-a, the Board of Trustees is authorized to review and approve, approve with modifications or disapprove site plans and may adopt such rules and regulations as it deems necessary, consistent with the provisions of Article 7 of the Village Law, to exercise the powers granted herein.
(2) 
There shall be a fee for each site plan submitted, as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time. The applicant shall also pay all fees in connection with a professional consultant's review in accordance with Chapter 162, Article II, of the Village Code.
B. 
When required. In all districts, site development plan (referred to hereinafter as "site plan") approval by the Board of Trustees shall be required for:
(1) 
The erection or enlargement of all buildings, other than one- and two-family residences, in all districts.
(2) 
All uses of vacant land.
(3) 
Any change in use or intensity of use that will affect the characteristics of the site in terms of traffic, access, parking, loading, circulation, hours of operation, drainage, utilities, lighting, security or other Village services.
C. 
Amendments. In all cases where any amendment of any such plan is proposed, the applicant shall also secure the approval of the amendment by the Board of Trustees.
D. 
Approval required before building permit or certificate of occupancy may be issued. No building permit may be issued for any building within the purview of this section until an approved site plan or amendment of any such plan has been secured by the applicant and presented to the Building Inspector. No certificate of occupancy may be issued for any building or use of land within the purview of this section unless the building is constructed or used or the land is developed or used in conformity with an approved site plan or an amendment of any such plan. The Building Inspector shall certify whether or not each original or amended site plan submitted to him or her meets all applicable requirements of this chapter.
E. 
Factors to be considered; conditions and safeguards. In considering and reviewing site plans, the Board of Trustees shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the proposed development and of the immediate neighborhood in particular and may prescribe such appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular:
(1) 
That all proposed traffic accessways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2) 
That adequate off-street parking and loading spaces are provided to prevent parking in public streets and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots, loading bays and building services.
(3) 
That all playground, parking and service areas are reasonably landscaped and screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is such as to enhance the character of the Village and is in character with that generally prevailing in the neighborhood.
(4) 
That all existing trees over eight inches in diameter, measured three feet above the base of the trunk, shall be retained to the maximum extent possible and that all other important natural features are properly protected.
(5) 
That all plazas and other paved areas intended for use by pedestrians shall use decorative pavements and shall use plant materials so as to prevent the creation of vast expanses of pavement.
(6) 
That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets.
(7) 
That the drainage system, including proposals, will afford the best solution to any drainage problems.
(8) 
That site elements of noteworthy historical, architectural or cultural value, such as stone walls, outstanding trees, structures that serve as visible reminders of the heritage of the community or similar distinctive features, are preserved, protected and enhanced.
(9) 
That the site plan is in conformance with such portions of the Comprehensive Development Plan of the Village of Elmsford that may be in existence.
F. 
Procedure.
(1) 
Presubmission conference. Prior to the submission of a formal site plan, a presubmission conference may, upon request of either the applicant or the Building Inspector, be held wherein the applicant shall meet in person with the Board of Trustees or its designated representative to discuss the proposed site plan so that the necessary subsequent steps may be undertaken with a clear understanding of the Board's requirements in matters relating to the development of the site and to the requirements for subsequent submissions.
(2) 
Submission of application for site plan approval. Within six months following the presubmission conference, if held, 10 copies of the site plan and any related information shall be submitted to the Building Inspector at least 15 days prior to the Board of Trustees meeting at which the site plan or an amendment to it is to be presented. If not submitted within this six-month period, another presubmission conference may be required.
(3) 
Certification by Building Inspector. The Building Inspector shall certify on each site plan or amendment whether or not the plan meets the requirements of all zoning law provisions other than those of this section regarding site plan review.
(4) 
Hearing and decision. The Board of Trustees shall fix a time, within 62 calendar days from the date the Board of Trustees determines by resolution at a duly held meeting that an application for site plan approval is complete, for a hearing on any matter referred to under this section, if it deems a public hearing is appropriate, and shall give public notice thereof by the publication in the official newspaper of such hearing at least five days prior to the date thereof, and notice of the public hearing shall also be mailed to the applicant at least 10 days prior to the hearing, and the Board of Trustees shall decide the same within 62 days after such hearing has been closed or after the application is deemed complete, if no hearing has been held. This sixty-two-day period maybe extended by mutual consent of the applicant and the Board of Trustees. Failure to act within the specified time periods shall not result in the approval of the application by default. The decision of the Board of Trustees shall be filed in the office of the Village Clerk within five business days after such decision is rendered and a copy thereof mailed to the applicant. Nothing herein shall preclude the holding of a public hearing on any such matter on which a public hearing is not so required.
(5) 
Referral to Westchester County Planning Board. Prior to taking action on the application for site plan approval, the Board of Trustees shall refer any matter involving any of the areas specified in § 239-m of the General Municipal Law to the Westchester County Planning Board, pursuant to the provisions of such section.
(6) 
Compliance with SEQRA. Prior to taking action on the application for site plan approval, the Board of Trustees shall comply with the provisions of the State Environmental Quality Review Act (SEQRA) under Article 8 of the Environmental Conservation Law and its implementing regulations.
(7) 
Existing violations. Except where an application is submitted for the purpose of curing existing violations or will result in the curing of existing violations, no action shall be taken on an application for site plan approval for a property where there is an existing violation of this chapter.
(8) 
Appeal. An appeal from the decision of the Board of Trustees may be taken in accordance with Subdivision 11 of § 7-725-a of the Village Law.
(9) 
Amendments. Review of amendments to an approved site plan shall be acted upon in the same manner as the review of the original site plan.
(10) 
Performance bond, Following approval of the site plan by the Board of Trustees, the developer shall file with the Village Clerk a performance bond or irrevocable letter of credit as determined by the Board of Trustees to cover the full cost of any required public improvements and roadways, water and sewer facilities, drainage and erosion controls and soil stabilization improvements not intended to be dedicated, in an amount set by the Board of Trustees. Such bond shall be satisfactory to the Village Attorney as to form, sufficiency, manner of execution and surety. A period of one year or such other period as the Board of Trustees may determine appropriate, not to exceed three years, within which required public improvements must be completed, shall be set forth in the bond or irrevocable letter of credit. If the bond or irrevocable letter of credit is not filed within 45 days of the approval granted in Subsection F(4) hereof, the site plan shall be deemed disapproved unless the applicant requests and is granted an extension by the Board of Trustees.
(11) 
Time limit on approval. Approval of a site plan by the Board of Trustees shall be valid for a period of 120 days from the date thereof for the purpose of obtaining a building permit. If substantial construction is commenced within the one-hundred-twenty-day period, such approval shall be valid for a period of one year from the date of approval. Upon application, the Board of Trustees may extend the period of approval to not more than two years from the date of original approval.
(12) 
Site plan and map. The applicant shall cause a site plan map to be prepared by an architect, landscape architect, civil engineer, surveyor, land planner or other competent person at a scale sufficient in size to permit an adequate review. The site plan shall include those of the elements listed herein which are appropriate to the proposed development or use as indicated by the Board of Trustees in the presubmission conference. This information, in total, shall constitute the site plan.
(a) 
Legal data:
[1] 
The name and address of the owner of record.
[2] 
The name and address of person, firm or organization preparing the map.
[3] 
The date, North point and written and graphic scale.
[4] 
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and tenths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000.
[5] 
The locations and the owners of all adjoining lands as shown on the latest tax records.
[6] 
The locations, the names and the existing widths of adjacent streets and curblines.
[7] 
Location, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjacent to the property.
[8] 
A complete outline of existing deed restrictions or covenants applying to the property.
[9] 
Existing zoning.
(b) 
Natural features:
[1] 
Existing contours, with intervals of five feet or less, or as otherwise determined acceptable by the Board of Trustees, based upon a datum satisfactory to the Board.
[2] 
Approximate boundaries of any areas subject to flooding or stormwater overflows.
[3] 
Location of existing watercourses, marshes, wooded areas, rock outcrops, isolated trees with a diameter of eight inches or more measured three feet above the base of the trunk, and any other significant existing natural features.
(c) 
Existing structures and utilities:
[1] 
The outlines of all structures and the location of all uses not requiring structures.
[2] 
The paved areas, sidewalks and vehicular access between the site and public streets.
[3] 
The locations, dimensions, grades and flow direction of any existing sewers, culverts and water lines, as well as other underground and aboveground utilities within and adjacent to the property.
[4] 
Other existing development, including fences, landscaping and screening.
(d) 
Proposed development:
[1] 
The location of proposed buildings or structural improvements.
[2] 
The location and design of all uses not requiring structures, such as off-street parking, loading areas and any common space and/or recreation areas.
[3] 
The location, direction, power and time of use for any proposed outdoor lighting or public-address system.
[4] 
The location and plans for any outdoor signs.
[5] 
The location, arrangement and materials of proposed means of ingress and egress, including sidewalks, driveways or other paved areas. Profiles indicating grading and cross sections showing width of roadway, the location and width of sidewalks and the location and size of water and sewer lines. Any proposed direct pedestrian connection to public parking lots or structures shall also be shown.
[6] 
Any proposed screening and other landscaping, including a planting plan prepared by a qualified landscape architect or architect.
[7] 
The location of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment.
[8] 
An outline of any proposed easements, deed restrictions or covenants.
[9] 
Any contemplated public improvements on or adjoining the property.
[10] 
Any proposed new grades, indicating clearly how such grades will meet existing grades of adjacent properties or the street.
[11] 
Elevations of all proposed principal or accessory structures.
[12] 
If the site plan only indicates a first stage, a supplementary plan shall indicate ultimate development.
[13] 
Any other information deemed by the Board of Trustees to be necessary to determine conformity of the site plan with the spirit and intent of this chapter.
(13) 
Public improvements. In the case of all required public improvements, a professional engineer or licensed architect is required to submit plans. Installation of such public improvements shall be under the direct supervision of a registered architect or licensed engineer.
(14) 
A stormwater pollution prevention plan consistent with the requirements of Chapter 288, Stormwater Management, Article I, Erosion and Sedimentation Control, shall be required for any site plan approval that qualifies as a land development activity. The SWPPP shall meet the performance and design criteria and standards in that article. The approved site plan shall be consistent with the provisions of that article.
[Added 4-17-2006 by L.L. No. 2-2006]
G. 
Parkland or parkland fees with multifamily site plan approval.
(1) 
Legislative intent. Pursuant to the authority duly vested in it and upon a finding that a proper case exists in accordance with the provisions of § 7-725-a of the Village Law, it is the intention of the Village Board of Trustees to require the provision of parkland and recreation land in conjunction with development of multifamily dwellings. The Village of Elmsford finds that multifamily housing places an added burden on the Village in providing adequate park and recreation areas to serve the needs of multifamily housing residents. In the event that it is not practical for a particular development to provide park and recreation areas, it is in the best interest of the Village and its residents to require funds to be paid to the Village exclusively for neighborhood parks, playgrounds or recreational purposes, including the acquisition of property. Such funds shall be intended to benefit primarily, but not exclusively, the residents of the development subject to the fee.
(2) 
Recreation areas. Consistent with the requirements of Subsection G(1) hereof and except as provided in Subsection G(3) hereof, each multifamily development shall include a park and/or recreation area ("recreation area") which is planned, designed and maintained for the exclusive use of the residents of such development and their nonpaying guests. The recreation area for a multifamily development shall constitute not less than 10% of the total site area, of which at least 75 square feet of lot area per dwelling unit or not less than 50 square feet per bedroom, whichever is greater, shall be improved with the recreational facilities as determined necessary by the Board of Trustees. The plan for the recreational area shall be subject to Board of Trustees approval as to location, design and adequacy, taking into consideration the size of the development, the anticipated occupancy of the units and the anticipated recreational needs of the population to reside therein.
(3) 
Fee in lieu of setting aside recreation area. Where the Board of Trustees determines that a proper case exists for requiring parkland to be shown on the site plan but that a suitable recreation area of adequate size for park and recreation purposes and improved with adequate recreational facilities cannot be properly located in any such development or is otherwise not practical, the Board may require, as a condition of approval of any site plan, a payment to the Village of a fee as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time, or any part thereof in proportion to the amount of required land and/or facilities not provided, which shall constitute a trust fund to be used by the Village exclusively for neighborhood park, playground and recreation purposes, including acquisition of property.
(4) 
Waivers. The Village Board of Trustees, in its discretion, after public hearing, may waive the payment of the recreation fee otherwise due under Subsection G(3) herein upon finding that such waiver is necessary and appropriate to establish eligibility of entitlement to federal, state or county governmental grants in connection with, or to otherwise facilitate, a proposed residential development of property meeting the special needs of Village or school district employees, Village volunteer service workers, senior citizens or others for lower-cost housing.
H. 
Approval of plats. Plats showing lots, blocks or sites which are subject to review under chapter 293 of thsi Village code shall continue to be subject to such review and shall not be subject to review under this section.
[Amended 4-18-2005 by L.L. No. 1-2005]
I. 
Supersession of Village Law. This article shall supersede any inconsistent provision of Village Law, Article 7, § 7-725-a.