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Village of Pelham, NY
Westchester County
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Table of Contents
Table of Contents
No building or premises shall be used in whole or in part for any purpose other than the following:
A. 
Principal uses.
(1) 
Any permitted use in a Residence B-2 District as listed in § 98-38.
(2) 
Multifamily house.
B. 
Accessory buildings and uses.
(1) 
Any accessory building or use permitted in a Residence B-2 District as listed in § 98-38.
A. 
The following uses require a special permit by the Board of Appeals:
(1) 
Any special permit use allowed in a Residence B-2 District, as listed in § 98-39.
(2) 
Parking facilities.
(a) 
Parking at grade or in a parking structure having not more than one level above grade in conformity with all applicable provisions of Article XVII, but only if such parking is accessory to a use situated in a Business-2 District and if it is located on a lot adjacent to such use. Fees or charges for the use of parking spaces in such parking area by other than residents or tenants on the premises and the provision of filling station or service station facilities shall be prohibited.
[Amended 10-1-1991 by L.L. No. 3-1991; 7-21-1992 by L.L. No. 2-1992]
(b) 
If the lot is used for parking at grade, the entire frontage of such lot located across the street from any land in a single-family residence district, except for one driveway access with a maximum width of 20 feet for each 200 feet of frontage of such lot, shall be lined with an uninterrupted planting screen which, not later than two years following its installation, shall reach a height of six feet.
[Amended 10-1-1991 by L.L. No. 3-1991; 7-21-1992 by L.L. No. 2-1992]
(c) 
If the lot is used for a parking garage, no such garage shall be erected within six feet of any street line. The entire area between such street line and any garage wall shall be planted in the same manner as specified in the preceding subsection, except that the planting need not reach a height greater than three feet if all garage wall openings are at least six feet above grade. The level of the floor of the second level of the parking garage shall not be higher than ten feet above the level of the ground floor. An opaque parapet wall with a height of not less than five feet above the upper deck shall be erected along the perimeter of such deck which faces any street.
[Amended 5-6-2003 by L.L. No. 3-2003]
No building shall be erected to a height in excess of 40 feet or three stories, whichever is the more restrictive, except as provided in § 98-102.
There shall be a lot area of not less than 5,000 square feet for a dwelling and 10,000 square feet for a multifamily house or a principal building in nonresidential use.
There shall be a lot width of not less than 50 feet for a dwelling and 100 feet for a multifamily house or a principal building in nonresidential use.
The lot coverage shall not exceed 50% of the lot area for a dwelling and 30% of the lot area for a multifamily house or a principal building in nonresidential use.
A. 
Front yard. There shall be a front yard having a depth of not less than 20 feet, except as provided in §§ 98-46A(2) and 98-104.
B. 
Side yards.
(1) 
There shall be a side yard on each side of the building. No side yard shall have a width of less than six feet for a dwelling and 20 feet for a multifamily house or a principal building in nonresidential use, and the aggregate width of both side yards for a dwelling shall be not less than 16 feet.
(2) 
On a corner lot, except as provided in § 98-46A(2), there shall be a side yard on the side street frontage having a width of not less than 10 feet on a lot 50 feet in width; the width of such side yard shall be increased six inches for each additional foot of width of such lot in excess of 50 feet, but in no case need such side yard exceed 20 feet in width.
C. 
Rear yard. There shall be a rear yard having a depth of not less than 20 feet.
For a multifamily house located in the Residence M District, there shall be a lot area of not less than 1,600 square feet per dwelling unit. Contiguous lots occupied by one or more buildings shall be considered as one lot or tract of land. Living quarters for employees of the owner necessary to the maintenance of the buildings shall be included in the count of total dwelling units.
A distance of not less than 40 feet shall be maintained between all main buildings and 25 feet between main buildings and their detached accessory buildings.
A. 
In a multifamily house two and one-half (2 1/2) stories in height, there shall be no separate dwelling unit in the space above the second floor.
B. 
In a multifamily house, there shall be no living quarters in the basement, except for living quarters provided for the use of the family of a janitor, superintendent or other employee of the owner necessary to the maintenance of the building.
Each multifamily house shall provide a minimum residential living area within the inner perimeter of the closing walls of each dwelling unit in conformity with the provisions of § 98-108.
For every dwelling unit in a multifamily house, there shall be provided an area of not less than 250 square feet of usable open space, the minimum dimension of which shall be 10 feet.