A.
No building, structure, lot or land in any district
in the Village of Pelham shall be used for any one or more of the
following uses:
(1)
Any trade, industry or use which is noxious or offensive
by reason of the emission of smoke, noise, gas, odor, dust, vibration,
radiation or excessive light beyond the limits of its lot or by reason
of generating excessive traffic with attendant hazards so as to be
dangerous or prejudicial to the public health, safety, convenience
or general welfare.
(2)
Any industry utilizing over 75 total horsepower of
power from any source or over 100 pounds per square inch of steam
pressure.
(3)
Any open storage of building materials, stone, lumber,
coal, other fuels or other materials or products or parking of motorized
or mechanized equipment.
(4)
Wholesale storage or warehouse building or sales of
material at wholesale, other than by an office which maintains no
wholesale stock on the premises.
(5)
Retail sale of household fuel and building materials
as the major business on the lot, other than by an office which maintains
no wholesale stock on the premises.
(7)
Golf driving range.
(8)
Miniature golf.
(9)
Public dance hall, bowling alley, billiard parlor.
(10)
Swimming pool club.
(11)
Amusement park or circus.
(12)
Livery stable.
(17)
Open-front store or cart or wagon designed for sales of food, beverages or other products to customers outside a building, whether upon the premises or on the public street or sidewalk unless it is an ice cream truck with a permit issued pursuant to § 68-32 of the Code of the Village of Pelham.
[Amended 11-21-2006 by L.L. No. 5-2006]
(18)
Fast-food restaurant.
(19)
Outdoor wholesale or retail sales establishment, other
than for seasonal sale of Christmas trees and similar horticultural
products.
(20)
Outdoor storage and/or sale of secondhand vehicles.
(21)
Auction sales room.
(23)
Domestic animal boarding establishment.
[Amended 5-18-1993 by L.L. No. 1-1993]
(24)
The keeping of chickens, pigeons or other barnyard
fowl or of any animal other than domestic dogs or cats as family pets.
(29)
Helicopter landing pads.
A.
No part of any building used as a filling station,
public garage or service station, and no filling pump, lift or other
service appliance, shall be constructed within 15 feet of any lot
line and 25 feet of any boundary of any residence district.
B.
At a filling station, public garage or service station,
the washing of motor vehicles shall be incidental to other services
and shall be performed entirely within a structure, and no washing
water shall be allowed to run over the sidewalk.
C.
No motor vehicles shall be serviced on or over a public
sidewalk.
D.
Gasoline pumps may be adequately illuminated, but
such illumination must be discontinued when the station is closed.
E.
Gasoline price cards and other small signs which are standard equipment on gasoline pumps are permitted subject to the provisions of § 77-8F(2) of Chapter 77 of the Code of the Village of Pelham.
F.
One oil can rack not exceeding four feet in height
and three feet in length may be installed on each pump island.
G.
No portable or temporary tire racks may be used outside
of any building. Permanent, enclosed tire racks may be constructed
in accordance with plans which shall be approved by the Board of Trustees
of the Village of Pelham prior to construction. Such storage racks
shall not be used for advertising or for merchandise display. Pelham
prior to construction. Such storage racks shall not be used for advertising
or for merchandise display.
H.
No filling station, public garage or service station
shall merchandise any goods or wares, including food, food stuffs
and other related food commodities of any kind or description which
are usually and generally sold in food stores, with the exception
of cigarettes, candy and soda, which may be sold and dispensed from
within the main building only.
[Added 8-5-1986 by L.L. No. 4-1986]
A.
B.
In a Residence A-1 District, no accessory buildings
shall be erected within five feet of any side or rear lot line. A
private garage for not more than two noncommercial cars may be built
across a common lot line by mutual agreement between the owners of
adjoining lots.
C.
In a Residence A-2 District, no accessory building
shall be erected within three feet of the rear lot line nor within
three feet of any side lot line.
D.
In any residence district other than A-1 and A-2,
no accessory building shall be erected within two feet of the rear
or any side lot line.
E.
In any residence district, accessory buildings may
occupy, in the aggregate, not more than 10% of the area of the lot
or not more than 35% of the area of the rear yard, whichever is the
more restrictive. In any case, the total area of all accessory buildings
shall not exceed 550 square feet.
[Amended 2-6-2007 by L.L. No. 2-2007]
F.
No accessory building in any residence district shall
exceed 15 feet in height.
G.
No accessory building shall be used for residence
purposes.
H.
In any office or business district, accessory buildings
other than parking garages may occupy, in the aggregate, not more
than 10% of the lot or not more than 50% of the area of the rear yard,
whichever is the more restrictive.
I.
No accessory building shall be erected prior to the
erection of the main building to which it will be accessory.
[Amended 5-6-2003 by L.L. No. 3-2003]
The height of a structure shall not exceed standards
applicable for each district, except that:
A.
Any elevator or stair bulkhead shall not exceed 20
feet above the maximum height otherwise permitted and shall not occupy
more than 10% of the total roof area.
B.
If the Board of Trustees finds that one or more of
the following items would enhance the aesthetics and architecture
of the building and is compatible with the architecture of adjacent
or nearby structures, it may permit a spire, belfry, dome, flagpole,
chimney, tower, turret, steeple, weather vane, or lightning rod (and
not including television, radio, or wireless communication antennas)
or other similar structure to be erected to a height in excess of
the restrictions on building height, provided that no such structure
or combination of structures shall:
(1)
Have a lot coverage in excess of 10% of the lot area;
(2)
Have any sign bearing lettering or commercial advertisement
of any kind.
(3)
Except for a spire, steeple or similar structure on
a place of worship, exceed the height limit by more than 25%; or
(4)
Have a width that is more than 30% of the width of
the facade of the building to which it is connected.
C.
If the Board of Trustees finds that a parapet wall,
pitched roof, cornice, or similar architectural feature would enhance
the aesthetics and architecture of the building, it may permit the
feature to be erected to a height of not more than six feet above
the maximum height.
A.
In all districts, through lots lying wholly or partly
within any district in which a front yard is required shall be considered
as having two frontages and shall be subject to the front yard regulations
for the respective districts within which their front yards are situated.
B.
Whenever the provisions of a building line ordinance
require a greater front yard depth or a greater side yard width on
the street side of a corner lot or impose restrictions more extensive
than are required by this chapter, the provisions of such building
line ordinance shall govern.
C.
In any residence district where 25% of the block frontage
within 200 feet of a proposed building is already improved with buildings,
the front yard at the front of such proposed building shall be required
to exceed the minimum dimensions stipulated in this chapter for the
district in which it is situated in cases where the average alignment
of the two nearest buildings within such 200 feet exceeds such minimum
dimension. Such front yard shall extend to such average alignment;
provided, however, that in no case shall such front yard be required
to exceed by more than 10 feet the minimum required front yard prescribed
for the district in which such building is situated. The provisions
of this subsection shall not apply to the required side yard on the
street side of a building situated on a corner lot.
D.
The space in a required front yard shall be open and
unobstructed, except for:
E.
Every part of a required yard shall be open to the
sky unobstructed, except for:
(1)
Any accessory buildings in a rear yard.
(2)
The ordinary projections of sills, belt courses, cornices,
eaves and for ornamental features projecting not to exceed six inches.
(3)
A window or unenclosed porch not exceeding 10 feet
in width and projecting not more than five feet from the building
line in a front or rear yard.
F.
Open or lattice-enclosed fire escapes, required by
law, projecting into a yard not more than five feet and the ordinary
projections of chimneys and pilasters shall be permitted by the Building
Inspector when placed so as not to obstruct light and ventilation.
G.
Fences and walls meeting the requirements set forth below may be installed or constructed upon obtaining a permit from the Building Department or a special permit from the Zoning Board of Appeals pursuant to Subsection G (5) hereof, if applicable.
[Amended 10-17-1989 by L.L. No. 3-1989]
(1)
Fences and walls along a lot line of a residential
lot abutting a nonresidential lot shall not exceed six feet in height
and may be 100% solid.
(2)
Fences and walls located within or enclosing all or
any part of a rear yard shall not exceed six feet in height and shall
not be more than 75% solid. For purposes of this subsection, the longer
of two unequal rear yards between adjoining residential properties
shall be used to measure the rear yard for a fence or wall on the
lot line between such properties.
(3)
Fences and walls on the rear lot line of a vacant
lot shall not exceed six feet in height and shall not be more than
75% solid.
(4)
Fences and walls located within or enclosing all or any part of a side yard or front yard or in a lot line abutting a street, subject to the provision of Subsection H hereof, shall not exceed four feet in height and shall not be more than 50% solid.
(5)
where, because of lot configuration or on corner lots or vacant lots or because of topography or any other reasons, the strict application of these provisions can not be followed or will cause a conflict between the various provisions as applied to a particular lot, the Board of Appeals shall determine which limitations apply based on the general criteria set forth herein and shall issue a special permit in accordance with the provisions of § 98-133C.
(6)
The finished side of any fence or wall shall face
the adjacent lot or Street, except along a lot line adjoining a commercial
lot.
(7)
The above provisions do not apply to the installation,
construction or modification of any retaining walls.
H.
On corner lots in Residence A-1, A-2, A-3, B-1 or
B-2 Districts, the triangular area described below shall be maintained
to help pedestrians and motorists see oncoming traffic as they approach
the intersection. This triangular area is defined by connecting three
points: the point where the two curblines would intersect, and on
both curblines the point located 20 feet from the intersection of
the two curblines. Within this triangular area it is:
[Amended 11-13-2007 by L.L. No. 7-2007]
(1)
Impermissible to erect walls, fences or other structures
to a height more than 30 inches above the level of the curb;
(2)
Impermissible to create a driveway or parking area
or to park a vehicle or place any object or other obstruction that
is more than 30 inches above the level of the curb;
(3)
Required than all hedges, shrubs and all other vegetation
be trimmed to a height no more than 30 inches above the level of the
curb with the exception of trees that have no branches less than 10
feet above the roadbed.
A.
In all districts, the least horizontal dimension of
an inner court at its lowest level shall be not less than the larger
of the following two dimensions:
B.
In all districts, the least width of an outer court
at its lowest level shall be not less than the largest of the following
three dimensions:
C.
In all districts, the horizontal depth of an outer
court shall not exceed one and one-half (1 1/2) times its least
width.
A swimming pool or wading pool, accessory to the residence on the same lot, either permanent or above ground temporary, may be installed or constructed in any residence district subject to a special permit by the Board of Appeals in accordance with the provisions of § 98-133C and the requirements set forth hereinafter:
A.
The Board of Appeals shall not authorize the issuance
of any permit under the provisions of this section unless it finds
in each individual case that the proposed use of the property or structure:
(1)
Will not tend to depreciate the value of the property
in the Village;
(2)
Will not create a hazard to health, safety, morals
or the general welfare;
(3)
Will not be detrimental to the neighborhood or to
the residents thereof;
(4)
Will not alter the essential character of the neighborhood;
and
(5)
Will not otherwise be detrimental to the public convenience
and welfare.
B.
No swimming or wading pool shall be installed or constructed
or maintained except under the following conditions:
(1)
It shall be for the exclusive private use of the occupant
of the dwelling on the same lot, his family and nonpaying guests.
At least one-third (1/3) of the people using the pool must be residents
of the building to which it is accessory, and the maximum number of
bathers in a given pool shall be restricted to one bather for each
25 square feet of surface water.
(2)
Its use shall be consistent with the health, safety,
morals and public welfare of the community, and it shall not unduly
interfere with the peace, comfort and repose of occupants of the adjoining
properties. No pool shall be used between the hours of 10:00 p.m.
and 8:00 a.m.
(3)
The edges of related pools, aprons or other related
construction shall not be installed within the required front yard
or within five feet of the side or rear lot lines if the lot width
is less than 75 feet nor, except as specified hereinafter, within
10 feet of the side or rear lot lines if the lot width is 75 feet
or more. On lots with a width of 75 feet or more, the ten-foot minimum
dimension to the edge of a pool or related construction may be reduced
to five feet if written consent is obtained from all known property
owners within 200 feet from the lot lines of the property on which
the pool is located and if such written consents are properly filed
with the Village Building Committee as a permanent record.
(4)
A nonclimbing fence with an effective height of not
less than four feet shall be erected and maintained not more than
20 feet distant at any one point from the outside edge of the swimming
pool. The fence shall have a self-closing gate which shall be locked
with a tumbler type lock when the pool is not in use.
(5)
No light shall be located more than seven feet above
ground level. All lights shall be shielded and directed toward the
ground in order to eliminate glare and reflection. No light of any
kind shall be used between the hours of 10:00 p.m. and 8:00 a.m.
(6)
Operation, maintenance and construction of the pool
shall conform in all respects to state, county and local building,
plumbing, electrical and sanitation codes and regulations enforced
in the Village of Pelham and specifically Sections P316-2, P316-3,
P316-4 and P316-5 of the New York State Building Construction Code
applicable to swimming pools.
(7)
The discharge of wastewater and pool drainage shall
be through appropriate piping to the sanitary sewer or the storm sewer.
Fresh water shall be added to the pool in such a manner as to prevent
the entrance of pool water into the potable water system, either public
or private.
C.
The provisions of this § 98-106 shall not be deemed to prohibit or regulate the use of small portable pools of a size not exceeding 30 square feet in area or one foot in depth, which pools are emptied and refilled with each use and at least once a day.
D.
Application requirements.
(1)
Any application for a permit under this section shall
include a hold-harmless agreement in writing wherein the applicants
agree to indemnify and hold harmless the Village of Pelham for any
damages or personal injuries sustained by any person or persons as
a result of the use of a swimming pool or wading pool and shall further
contain an agreement in writing by the applicants that in the event
said swimming pool and the use thereof is abandoned by the owner of
the property, that said owner shall remove said swimming pool and
restore the topography of the land to its original condition.
(2)
Applicants shall further evidence a service contract
annually of their choice in writing which shall require periodic testing
of the pool water for bacteria count by a duly authorized private
or public concern or agency approved by the State Commission of Health.
[Added 11-20-84 by L.L. No. 9-1984]
A.
A satellite earth station, accessory to the principal building or structure on the same lot, may be installed or constructed in any residential, office or business district subject to a special permit by the Board of Appeals in accordance with the provisions of § 98-133C and the requirements set forth hereinafter.
[Amended 6-21-1988 by L.L. No. 2-1988; 10-17-1989 by L.L. No. 5-1989]
B.
No satellite earth station shall be installed or constructed
or maintained except under the following conditions:
(1)
It shall be for the exclusive private use of
the occupant or occupants of the building or structure on the same
lot, and no separate fee shall be charged for viewing any broadcast
received by such station.
[Amended 10-17-1989 by L.L. No. 5-1989]
(2)
A freestanding satellite earth station shall
be located only to the rear of the principal building or structure
on the lot and, notwithstanding other provisions in this chapter to
the contrary, shall not be located any nearer any property line than
permitted for a principal building in the district in which it is
located.
(3)
No part of a freestanding satellite earth station
shall exceed a height of six feet. Dish antennas located on a building
shall not exceed more than six feet in height above the highest point
of the roof.
[Amended 6-21-1988 by L.L. No. 2-1988]
(4)
The location and design of the satellite earth
station shall reduce to a minimum the visual impact, the nuisance
and distractive influence on surrounding properties or streets through
the use of structures, architectural features, earth berms, screening
and/or landscaping that harmonize with the elements and characteristics
of the property. The material used in the construction of the antenna
shall not be unnecessarily bright, shiny, garish or reflective.
[Added 5-18-1993 by L.L. No. 1-1993; amended 10-19-1993 by L.L. No. 2-1993]
A.
A building or structure may be used as a veterinary hospital subject to a special permit of the Board of Appeals issued in accordance with the provisions of § 98-133C and the requirements set forth hereinafter.
B.
The Board of Appeals shall not authorize the issuance
of any permit under the provisions of this section unless it finds
in each individual case that the proposed use of the property or structure
shall:
(1)
Not create a hazard to health, safety, morals
or general welfare and shall conform to all applicable federal, state,
county and local health and safety codes.
(2)
Not keep animals overnight(s) unless necessary
to facilitate diagnoses, treatment or recuperation, and all areas
for holding animals shall be within the confines of the building.
(3)
Be constructed with sufficient internal sound-absorbing
materials so as to minimize noise emanating from the premises.
(4)
Provide for dispersing odors which are emitted
from the building in a manner which will minimize their impact.
(5)
Provide space for waiting room, doctors' offices,
operating room, holding of animals, storage and administrative functions.
(6)
Provide parking for all employees in municipal
parking facilities.
(7)
Provide sufficient off-street parking for patrons
either on site or elsewhere.
[Added 4-18-2017 by L.L.
No. 2-2017; amended 8-2-2022 by L.L. No. 6-2022]
A.
Legislative
findings and purpose.
(1)
The Board of Trustees finds that encouraging property owners to develop
mixed-use commercial, office, retail and housing projects within the
Village's downtown core, particularly those involving dedicated senior
housing, will activate Village street life, enhance walkability, promote
the Village's culture, enhance the real property tax base, and better
utilize existing public services; that there are opportunities within
the Village's downtown core to use vacant and underutilized property
more efficiently to reinvigorate the Village's downtown area; that
creating incentives for higher density development within the Village's
downtown core will be more cost-effective because it will use infrastructure
that already exists and thereby avoid the need to create additional
costly infrastructure; and that those incentives will allow for development
within the Village's downtown core that will preserve, complement
and be compatible with the character, massing, and scale of adjacent
residential land uses.
(2)
There is hereby created, therefore, a Business District Floating
Zone (BDFZ), the purposes of which are to create a stronger and more
competitive downtown and encourage redevelopment in the Village's
central core and main commercial corridors by facilitating appropriately
scaled higher density mixed-use development in the Village's downtown
core which will allow a mix of residential and street-level commercial
uses that are complementary to the existing community scale and fabric
in areas of the Village with access to public transit, existing infrastructure,
and community services.
B.
Authority
of the Board of Trustees. In addition to development permitted under
the other provisions of this chapter, the Board of Trustees may permit
and grant site plan approval, in accordance with the provisions of
this section, for development on any property in the Business-1, Business-2
or Business-3 District. In addition, property zoned Residence M or
Residence M-1 zoning districts that adjoins and is in the same ownership
as property in the Business-1 or Business-2 zoning district may be
developed jointly with the property in the Business-1 or Business-2
zoning district under this section, as long as the development on
the adjoining property is secondary to the development on the primary
lot. In no event may the Board of Trustees permit development under
this section on any adjoining property which involves the aggregation
of lots which are under separate ownership on the date on which this
law becomes effective.
C.
Approval process. An application for development permitted under this section must be commenced by submitting to the Building Inspector a declaration of intent to develop form accompanied by the information required by § 79-8, submitting the application to the Planning Board and Architectural Review Board for a recommendation consideration in accordance with § 79-6A for a recommendation to the Board of Trustees, and paying the fee required by the schedule of fees of the Village of Pelham. The Planning Board and Architectural Review Board will hold presubmission conferences as provided in § 79-6A(2) within 45 days of the submission to the Building Inspector. The Building Inspector will forward the application to the Board of Trustees, along with any comments from the Planning Board and the Architectural Review Board, within five working days after the presubmission conferences are completed. The Board of Trustees must hold a public hearing on the application within 60 days of the date on which it determines that the application is substantially complete. The applicant must provide notice of the public hearing as required by § 79-6F. The Board of Trustees will consider applications for site plan approval under this section in accordance with the standards established by § 79-5. If the Board of Trustees approves the application, the applicant must comply with § 79-6J.
D.
Eligibility.
In order to be eligible for approval under this section, the lot area
of the proposed development must be not less than 4,000 square feet
and the lot width must be not less than 40 feet.
E.
Development
regulations. Development will be governed by the lot and bulk regulations
established for the zoning district in which the property is located,
except that regardless of those regulations:
(2)
Lot coverage. Lot coverage on the ground floor may be as much as,
but may not exceed, 80% of the lot area. Notwithstanding the foregoing,
the Village Board may, in its discretion, increase the allowable lot
coverage on a building site up to 100%, if the Village Board determines
that the development includes public parking that will improve access
to, enhance the convenience of and/or increase the safety of the downtown
area.
(3)
Yards. No side or rear yard is required, unless the Board of Trustees finds that a rear yard or side yard is necessary to ensure compatibility with abutting land uses. If the Board of Trustees requires a rear yard or side yard, the side yard or rear yard must be in the dimension required for the zoning district in which the property is located. The requirements of § 98-64 will not apply, but the Board of Trustees must ensure adequate access to a proposed building for fire/rescue and public safety purposes and may require suitable pedestrian access across any lot contiguous to a lot proposed to be developed.
(4)
Height. The height of any single-family dwelling or two-family dwelling may not exceed 35 feet or 2 1/2 stories; the height of any multifamily, commercial, office, or mixed-use building may not exceed 60 feet or five stories; and the height of any townhouse may not exceed 40 feet or three stories. To ensure compatible development, the Village Board may further limit the height of townhouses to the height of any residential structures in the neighboring residential zoning districts. §§ 98-6, 98-102B and 98-106.3E(4) of this Code notwithstanding, the Village Board may allow an antenna array, attachment structure, attached wireless telecommunications facility and/or equipment facility as defined in § 87-3 of this Code on the roof of the building if the antenna array and/or attachment structure, attached wireless telecommunications facility or equipment facility is the subject of a lease with the Village in effect as of January 1, 2022 or a lease with another party in substitution for a lease with the Village in effect as of January 1, 2022.
(5)
Notwithstanding the height limitations established by § 98-106.3E(4), the Board of Trustees may allow a maximum building height of six stories or 65 feet for a multifamily building if the proposed building is fenestrated with transparent windows and doorways which allow visibility to the inside of the building for no less than 60% of the street frontage at the ground level and includes a nonresidential use, such as a retail, restaurant, commercial, office or civic uses, or an ancillary, nonresidential use, such as a meeting room or common amenity room, at the street level in an otherwise residential building that qualifies as age-restricted housing. A building qualifies as age-restricted housing if at least 80% of the occupied units are occupied by at least one person 55 years of age or older; the owner or management of the building publishes and adheres to policies and procedures that demonstrate an intent to provide housing for persons 55 years or older; and the building complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy through reliable surveys and affidavits.
(6)
Minimum lot area per dwelling unit. The minimum lot area per dwelling
unit will be 500 square feet. Notwithstanding the foregoing, the Village
Board may, in its discretion, decrease the minimum lot area per dwelling
to 400 square feet, if the Village Board determines that the development
includes public parking that will improve access to, enhance the convenience
of and/or increase the safety of the downtown area.
(7)
Usable open space. The proposed development must provide, on site
and in the aggregate for the building, a minimum of 25 square feet
per dwelling unit of usable open space, such as terraces, patios,
rooftop decks and other similar facilities.
(8)
Parking. The proposed development must provide one parking space per dwelling unit for residential uses and parking as required by § 98-113 for nonresidential uses, except that the Board of Trustees may waive the parking requirement, in whole or in part, if the proposed development creates additional new on-street parking, such as by eliminating existing curb cuts or adding diagonal parking; the Board of Trustees has adopted a comprehensive plan for adding more parking and has established a separate parking fund for creating new parking and the developer contributes to the parking fund an amount deemed sufficient by the Board of Trustees to create parking that will be reasonably available to serve the proposed development; or the Board of Trustees determines that the anticipated number of persons frequenting or using the proposed development will be substantially below that typically associated with the proposed use. Parking for nonresidential uses must not be visible from the street unless no alterative design is reasonably possible.
(9)
Design guidelines. The Board of Trustees must consider following
design guidelines in the review of a proposed development:
(a)
Design features should be included that enhance the visual aesthetic
and pedestrian experience, such as streetscape improvements, attractive
lighting, benches, variation of façade and building materials,
landscaping, and suitable building and parking orientation;
(b)
Massing, height, scale and architectural character should be compatible
with, and not negatively alter the character of, abutting uses, particularly
existing development located on or near the perimeter of the property;
(c)
All proposed structures allowed under § 98-106.3 must be well integrated with adjacent lower scaled residential neighborhoods with respect to massing, setbacks, building orientation, and encourage shared or private landscaped side and rear yards, especially when adjacent to lower density residential uses;
(d)
Nonmotorized transportation facilities, such as on-site bicycle racks
and storage space, should be provided;
(e)
New public open space or connections to existing open spaces, as
applicable, should be included;
(f)
Appropriately scaled green infrastructure to improve stormwater management,
such as rain gardens, green roofs, and cisterns, should be provided;
and
(g)
The application should include a plan for maintaining the design
features after construction is complete.
F.
Other
conditions. The Board of Trustees may impose such other conditions
as it deems appropriate.
G.
The provisions of this section are hereby readopted. The Village Board will review amendments to § 98-106.3 of the Code of the Village of Pelham effected by this section no later than March 31, 2027. The amendments will expire unless they are readopted by a majority vote of the members of the Village Board prior to March 31, 2028. The Village Clerk is directed to revise the Code accordingly if the amendments expire as provided in this section.
[Added 4-18-2017 by L.L.
No. 3-2017]
A.
Authority
to modify zoning requirements. In order to enable and encourage flexibility
of design and development of land in such a manner as to preserve
its natural and scenic qualities, protect areas of meaningful ecological
value, reduce flood hazards, facilitate the adequate and economical
provision of streets and utilities, minimize negative environmental
impacts, improve the aesthetic quality of new residential developments,
encourage the conservation of energy, increase recreational opportunities
and otherwise promote the planned and environmentally desirable use
of land, the Board of Trustees may, simultaneously with the approval
of a subdivision plat of not more than 10 lots, modify the otherwise
applicable provisions of this chapter with respect to minimum lot
size, lot width, lot coverage, yard requirements, and frontage requirement
in connection with the subdivision and redevelopment of any property
if it finds that development of the property without such restrictions
benefits the Village by protecting natural features and open space
resources or otherwise.
B.
Development
standards. Except as modified by the Board of Trustees, all regulations
normally applicable to residential uses in the zoning district in
which the property is located will continue to apply, along with the
following requirements, which are hereby established specifically
for developments proposed under this section:
(1)
Permitted uses. The permitted uses and accessory uses permitted within
the development must be the same as those permitted in the zoning
district in which the property is located, except that two-family,
multifamily and townhouse dwelling units are permitted in any zoning
district in which any residential use is permitted.
(2)
Number of permissible units. The number of dwelling units or building
lots (in a development of detached one-family dwellings) may not exceed
the number which could be permitted, in the judgment of the Board
of Trustees, if the land were subdivided into lots conforming to all
normally applicable requirements of this chapter, as determined on
the basis of a sketch layout of a conventional subdivision, prepared
and submitted by the applicant, which includes topographic information
and such other data as may be reasonably required.
(3)
Common lands and facilities. If the subdivision results in any common
lands or facilities, the Board of Trustees will impose such conditions
as it deems appropriate with respect to those areas.
