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Village of Pelham, NY
Westchester County
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Table of Contents
Table of Contents
[Amended 12-1-1998 by L.L. No. 4-1998]
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 A-3 District, as listed in § 98-24.
(2) 
Multifamily houses, each containing three or more housekeeping units.
(3) 
Facilities operated by the Village of Pelham.
(4) 
Parking at grade or in a parking structure, provided that no part of any such structure shall extend above the elevation of the lowest floor in any residential structure on the same lot, and provided further that no filling or service station facilities are furnished. Such parking facilities may be accessory to the residential uses on the lot and to commercial uses in any adjacent business district or operated by the Village of Pelham as a municipal parking facility. Parking in the open with access from Wolf's Lane shall be limited to use by the handicapped and shall not exceed a total of six spaces.
(5) 
Multifamily houses, each containing three or more housekeeping units designed and administered for the special needs of elderly persons, together with related recreation, dining, housekeeping, personal care and social services, administered in such manner as to restrict occupancy to persons at least 65 years of age and their spouses. Notwithstanding any other provisions of this chapter, the following shall be applicable to this use:
(a) 
Such housing may provide both independent and assisted living, but not more than 65% independent.
(b) 
Such multifamily houses shall not be considered to be hotels.
(c) 
Parking as an additional use may be provided at grade or in a parking structure, provided that no part of any such structure shall extend above the elevation of the lowest residential floor in any residential structure on the some lot, and provided her that no filling or service station facilities are furnished other than Village facilities. Such parking facilities may be accessory to the residential uses on the lot and to commercial uses in any adjacent business district or operated by the Village of Pelham as a municipal parking facility.
(d) 
For purposes of § 98-59, a lot shall be considered the entire area of the site under development located within the Residence M-1 District, without reference to fee ownership, including any area devoted to municipal parking facilities or other facilities operated by the Village of Pelham.
(e) 
For purposes of § 98-58, height shall be measured with reference only to the elevation of the curb along Wolf's Lane.
(f) 
No portion of any building shall be located nearer to the Wolf's Lane or Sparks Avenue right-of-way line than 100 feet.
(g) 
All multifamily houses, except a structure which supports same, shall be no closer than 10 feet to any side lot line which coincides with the rear lot line of any other lot.
(h) 
All multifamily houses shall be provided direct and unobstructed pedestrian access to Wolf's Lane, as well as emergency vehicular access so designed and constructed as to be capable of accommodating and supporting every necessary emergency vehicle operated by the Village of Pelham and to permit such vehicles to approach to within such distance of all residential structures in the lot as may be required by the Village.
(i) 
Each multifamily house shall provide a minimum residential living area within the inner perimeter of the closing walls of each housekeeping unit of 300 square feet in assisted-living units and 450 square feet in independent-living units.
(j) 
For every housekeeping unit in a multifamily house, there shall be provided an area of not less than 150 square feet of usable open space, the minimum dimensions of which shall be 20 feet. The elevation of such area shall be generally the same as that of the access required in § 98-64 of this article, which access may be counted in its entirety as usable open space, and which usable open space may be provided in whole or in part within a Business-1 District, and/or on a structure.
(k) 
There shall be provided not less than 0.4 parking space for each housekeeping unit on the lot.
B. 
Accessory buildings and uses.
(1) 
Any accessory building permitted in a Residence A-3 District, as listed in § 98-24.
Except as provided hereinafter, no building shall be higher at any point than 65 feet or six stories above the elevation of the curb along Wolf's Lane that is nearest thereto, whichever is the more restrictive; nor shall the height of any building at any point exceed two times the distance between such point and the nearest point along the boundary of a Residence B-1 District. Height shall be measured to the top of the main roof deck. Bulkheads shall be set back not less than 20 feet from the face of any building wall. A penthouse floor may be erected to a height of not more than 10 feet above the maximum permitted height, provided that no part thereof shall be nearer than 15 feet to the outside of the exterior wall of the building.
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, provided that the number of dwelling units in such house, including any unit or units occupied by employees of the owner who are engaged in the maintenance of the building, shall not exceed one for each 480 square feet of lot area. For purposes of this section, a lot shall be considered the entire area of the site under development located within the Residence M-1 District.
There shall be a lot width of not less than 50 feet for a dwelling and 100 feet for a multifamily house.
The coverage by all buildings of the entire area of the site under development located within the Residence M-1 District at the elevation of the lowest floor of any residential structure on the same lot shall not exceed 37% of the total lot area. There shall be no coverage restrictions below such elevation.
No portion of any building, except for those uses listed in § 98-57A(3) above, shall be located nearer to the Wolf's Lane or Sparks Avenue right-of-way line than 100 feet or 1 1/2 times the height thereof above such line, whichever is the more restrictive.
There shall be, except for those uses listed in § 98-57A(3), (4) and (5)(c) above, a side yard with a width of not less than 20 feet along any side lot line which coincides with the rear lot line of any other lot.
All residential uses shall be provided direct and unobstructed pedestrian access to Wolf's Lane, at the level thereof, with a minimum dimension of 30 feet. Such access shall be so designed and constructed as to be capable of accommodating and supporting every type of emergency vehicle operated by the Village of Pelham and to permit such vehicles to approach to within such distance of all residential structures on the lot as may be required by the Village.
Automobile access from Wolf's Lane shall be permitted only to parking areas servicing residential structures on the lot.
The distance between any two main residential buildings shall be not less than the height of the lower of such buildings. The distance between any main building and any detached accessory building shall not be less than 25 feet.
Each multifamily house shall provide a minimum residential living area within the inner perimeter of the closing walls of each housekeeping 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 150 square feet of usable open space, the minimum dimensions of which shall be 20 feet. The elevation of such area shall be generally the same as that of the pedestrian access required in § 98-64 of this article, which access may be counted in its entirety as usable open space.
Any other requirement in this chapter notwithstanding, there shall be provided not less than one parking space for each dwelling unit on the lot. Except as provided hereinafter, each parking space shall be not less than 8 1/2 feet wide and 18 feet long. Not more than 33% of all required parking spaces may be designed for the use of compact cars, and each space shall be not less than eight feet wide and 16 feet long.