Village of Bronxville, NY Article III District Use and Bulk Regulations

§ 310-8 One-Family Residence AAA District.

[Amended 6-9-1997 by L.L. No. 2-1997; 2-14-2000 by L.L. No. 1-2000; 4-14-2003 by L.L. No. 2-2003; 9-13-2010 by L.L. No. 2-2010; 1-11-2021 by L.L. No. 2-2021]

A. Use. In a One-Family Residence AAA District, 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:

(1) One-family dwelling, not to exceed one such dwelling on each lot.

(2) Municipal parks and playgrounds, including customary recreational, refreshment and service buildings.

(3) Places of worship, including parish houses and religious school buildings and schools, including uses customarily accessory thereto, subject to the following requirements:

(a) Notwithstanding any other provisions contained in this chapter, no building shall exceed a height of 42 feet, nor shall the number of stories at any point along the periphery of such building exceed three stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

(b) No building or part thereof shall be erected nearer than 50 feet to any street line nor nearer to any property line other than a street line than 50 feet or two times the height of such building, whichever is the greater distance.

(c) The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.

(d) Courts shall conform to the requirements of Subsection I of § 310-11 of this chapter.

(e) Any private school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Code of 1954, as amended, and shall be registered effectively as such thereunder.

(4) Accessory uses, limited to the following:

(a) Home occupations, as defined in § 310-42F(1)(a) of this chapter, provided that the home occupation has no nonresident employees and no regular visitors (with the exception of dancing, music or other instruction where groups of up to four pupils may be present at any one time). The term "nonresident employee" shall include those persons engaged in the business enterprise or business activity and shall not include domestic employees. Home occupations with a nonresident employee and/or regular visitors shall require a special permit as set forth in § 310-42F of this chapter. All home occupations must meet the following standards:

[1] The home occupation shall occupy no more than 30% of the total gross floor area of the main floor of the principal structure, up to a maximum of 400 square feet.

[2] The residential character of the building(s) shall not be altered.

[3] There may be no more than one sign identifying the home occupation, located either on the house or mailbox. The sign shall not exceed one square foot in size.

[4] There shall be no display of products visible from the street.

[5] There shall be no outdoor storage of commercial vehicles.

[6] There shall be no retail sales on the premises.

[7] There shall be no manufacturing or assemblage on the premises.

[8] No home occupation shall create environmental impacts (for example, but not limited to, noise, dust, odor or fire hazard) or any other hazard or nuisance to any greater or more-frequent extent than that usually experienced in the district.

[9] The home occupation shall not be conducted out-of-doors on the site.

[10] The home occupation and its location in the home and/or its accessory buildings must comply with the New York State Uniform Fire Prevention and Building Code.

(b) Garden house, tool house, playhouse, greenhouse or swimming pool, playsets and other recreational structures incidental to the residential use of the premises and not operated for gain, subject to the following requirements:

[1] No part of any swimming pool shall be nearer than 20 feet to any property line nor, except in the case of a corner lot, nearer to any street line than that rear wall of the main building which is located nearest to the street. On a corner lot, a pool may project within a distance of one of the bounding streets equal to the required front yard.

[2] Swimming pools shall be screened from the view of abutting properties by means of an opaque fence or a thick hedge with a height of not less than 6 1/2 feet, in addition to applicable requirements of the New York State Uniform Fire Prevention and Building Code.

[3] Recreational structures shall be set back a minimum of 10 feet from any property line and shall be screened from the view of abutting properties by means of an opaque fence or a thick hedge with a height of not less than 6 1/2 feet. No recreational structure shall be sited within any front yard, as defined in § 310-3 of this chapter.

[4] Sheds, garden houses and tool houses shall be set back a minimum of five feet from any property line and shall be screened from the view of abutting properties by means of an opaque fence or a thick hedge with a height of not less than 6 1/2 feet. No shed, garden house or tool house shall be sited within any front yard, as defined in § 310-3 of this chapter.

(c) Private garage for passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.

[1] Detached garages (i.e., garages that do not share at least one common wall with a dwelling) shall not be sited within any front yard, as defined in § 310-3 of this chapter, except as otherwise permitted and shall be granted a reduced setback of 10 feet from any property line, provided that the following requirements are met:

[a] A maximum height of 10 feet for flat roofs.

[b] A maximum height of 15 feet for pitched roofs.

[2] In addition, detached garages may not exceed 1 1/2 stories.

(d) The keeping of a reasonable number of customary household pets, but excluding the commercial breeding or keeping of same.

(e) Fences or garden walls.

(f) Solar energy systems, as defined and subject to the supplementary standards in § 310-22F of this chapter.

(g) Geothermal energy systems, as defined in § 310-22G of this chapter.

(5) Special permit uses. The Planning Board may allow the following uses by special permit, as regulated in Article VII of this chapter:

(a) Satellite earth stations and communications facilities.

(b) Renewable energy systems, as defined in § 310-22G of this chapter, except no special permit is required for geothermal energy systems.

B. Height. Except as provided in Subsection A(3) hereof, no building shall be erected to a height in excess of 30 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the building of which they are a part and (other than chimneys and flues) are located at least 50 feet from any lot line.

C. Lot area, width and depth. The lot area shall not be less than 30,000 square feet and the lot width not less than 150 feet. All lots shall have a minimum depth of 150 feet.

D. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

(1) Front yard. There shall be a front yard along each street line with a depth of not less than 40 feet, except that, where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25° or more, such building may project to within 20 feet of the street line.

(2) Side yard. There shall be a side yard along each lot line with a width of not less than 25 feet; except that, in case of a dwelling erected without a garage, one side yard shall be not less than 30 feet wide. In the case of corner lots, the side yard opposite the principal front yard shall be not less than 30 feet wide. Where the planes of all walls of a building facing a side lot line intersect such line at a minimum angle of 25° or more, the lesser-required setback distance may be reduced by five feet, except in the case of a building erected without a garage.

(3) Rear yard. There shall be a rear yard having a depth of not less than 45 feet.

(4) Exceptions to yard requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or garden walls not over 6 1/2 feet in height may be erected anywhere on the lot, except that any such fence or wall erected in any front yard shall be not more than 1/2 solid. Any such fence or wall erected in any front yard of any corner lot shall not obstruct the clear sight triangle at any intersection as provided on § 310-22 of this chapter. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings and accessory uses. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

(5) Location of accessory buildings on the lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building; except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the issuance of a special permit for the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

E. Maximum building coverage. Except as provided in Subsection A(3) of § 310-8, the sum of all areas covered by all principal and accessory buildings shall not exceed 17.5% of the area of the lot.

F. Off-street parking requirements. For each dwelling on any lot, there shall be provided on the lot not less than two spaces for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street.

G. Floor area ratio (FAR). See § 310-22E for FAR controls.

H. Minimum open space requirement. The minimum open space requirement for a lot shall be 60% of the area of the lot.

§ 310-9 One-Family Residence AA District.

[Amended 4-14-2003 by L.L. No. 2-2003; 1-11-2021 by L.L. No. 2-2021]

A. Use. In a One-Family Residence AA District, 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:

(1) Any use permitted in One-Family Residence AAA Districts.

B. Height. Except as provided in Subsection A(3) of § 310-8, no building shall be erected to a height in excess of 30 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 15% of the area of the roof of the building of which they are a part and (other than chimneys and flues) are located at least 35 feet from any lot line.

C. Lot area, width and depth. The lot area shall not be less than 15,000 square feet and the lot width not less than 100 feet. All lots shall have a minimum depth of 120 feet.

D. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

(1) Front yard. There shall be a front yard along each street line with a depth of not less than 35 feet, except that:

(a) Where the planes of all walls of a building facing the streets intersect the street line at a minimum angle of 25° or more, such building may project to within 25 feet of the street line; or

(b) Where the average existing front yard setback at the nearest point to the street line for existing dwellings (including any existing dwelling on the subject property) within 300 feet on the same street (or streets, in the case of corner lots) on either side of the property (and including properties on both sides of the street) is less than 35 feet, the front yard along each street line may be as deep as (but not deeper than) the greater of:

[1] The average existing front yard setback along the street as calculated under this Subsection D(1)(b); or

[2] Twenty-five feet.

(2) Side yard. There shall be a side yard along each lot line with a width of not less than 15 feet; except that, in case of a dwelling erected without a garage, one side yard shall be not less than 27 feet wide, and except that, in all cases (other than corner lots) the total combined width of both side yards shall be not less than 35 feet. In the case of corner lots, the side yard opposite the principal front yard shall be not less than 30 feet wide and the other not less than 15 feet wide, except that, in the case of a dwelling erected without a garage, the lesser side yard shall be not less than 27 feet wide. Where the planes of all walls of a building facing a side lot line intersect such line at a minimum angle of 25° or more, the lesser-required setback distance may be reduced by five feet, except in the case of a building erected without a garage.

(3) Rear yard. There shall be a rear yard having a depth of not less than 32 feet.

(4) Exceptions to yard requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot, except that any such fence or wall erected in any front yard shall be not more than 1/2 solid. Any such fence or wall erected in any front yard of any corner lot shall not obstruct the clear sight triangle at any intersection as provided in § 310-22A of this chapter. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

(5) Location of accessory buildings on the lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building; except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the issuance of a special permit for the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

E. Maximum building coverage. Except as provided in Subsection A(3) of § 310-8, the sum of all areas covered by all principal and accessory buildings shall not exceed 22.5% of the area of the lot.

F. Off-street parking requirements. For each dwelling on any lot, there shall be provided on the lot not less than two spaces for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street.

G. Floor area ratio (FAR). See § 310-22E for FAR controls.

H. Minimum open space requirement. The minimum open space requirement for a lot shall be 55% of the area of the lot.

§ 310-10 One-Family Residence A District.

[Amended 4-14-2003 by L.L. No. 2-2003; 1-11-2021 by L.L. No. 2-2021]

A. Use. In a One-Family Residence A District, 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:

(1) Any use permitted in One-Family Residence AA Districts.

B. Height. Except as provided in Subsection A(3) of § 310-8, no building shall be erected to a height in excess of 30 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

C. Lot area, width and depth. The lot area shall not be less than 12,000 square feet and the lot width not less than 80 feet. All lots shall have a minimum depth of 100 feet.

D. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

(1) Front yard. There shall be a front yard along each street line with a depth of not less than 30 feet, except that:

(a) Where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25° or more, such building may project to within 20 feet of the street line; and

(b) Where the average existing front yard setback at the nearest point to the street line for existing dwellings (including any existing dwelling on the subject property) within 300 feet on the same street (or streets, in the case of corner lots) on either side of the property (and including properties on both sides of the street) is less than 30 feet, the front yard along each street line may be as deep as (but not deeper than) the greater of:

[1] The average existing front yard setback along the street as calculated under this Subsection D(1)(b); or

[2] Twenty-five feet.

(2) Side yard. There shall be a side yard along each lot line with a width of not less than 15 feet; except that, in case of a dwelling erected without a garage, one side yard shall be not less than 27 feet wide. In the case of corner lots, the side yard opposite the principal front yard shall be not less than 30 feet wide and the other not less than 15 feet wide, except that, in the case of a dwelling erected without a garage, the lesser side yard shall be not less than 27 feet wide. Where the planes of all walls of a building facing a side lot line intersect such line at a minimum angle of 25° or more, the lesser-required setback distance may be reduced by five feet, except in the case of a building erected without a garage.

(3) Rear yard. There shall be a rear yard having a depth of not less than 30 feet.

(4) Exceptions to yard requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot, except that any such fence or wall erected in any front yard shall be not more than 1/2 solid. Any such fence or wall erected in any front yard of any corner lot shall not obstruct the clear sight triangle at any intersection as provided in § 310-22A of this chapter. Fences or walls with a height in excess of 6 1/2 feet shall conform to requirements set forth herein for buildings. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

(5) Location of accessory buildings on the lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building; except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the issuance of a special permit for the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

E. Maximum building coverage. Except as provided in Subsection A(3) of § 310-8, the sum of all areas covered by all principal and accessory buildings shall not exceed 22.5% of the area of the lot.

F. Off-street parking requirements. For each dwelling on any lot, there shall be provided on the lot not less than one space for the parking or garaging of passenger automobiles. Such space shall be directly accessible to a street.

G. Floor area ratio (FAR). See § 310-22E for FAR controls.

H. Minimum open space requirement. The minimum open space requirement for a lot shall be 55% of the area of the lot.

§ 310-11 Two-Story Multiple Residence B District.

A. Use. In a Two-Story Multiple Residence B District 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:

(1) Any use permitted in One-Family Residence A Districts, except that:

(a) Not more than one professional office or studio, other than accessory to a use otherwise permitted, shall be permitted for each 25 dwelling units or major fraction thereof on the lot. Such office or studio shall be only on the street floor of any building and on the floor immediately above the street floor only if there be access to such office or studio from other than a public hall; and

(b) Places of worship, including parish houses; and schools [as defined in Subsection A(3)(e) of § 310-8], may be erected to within 20 feet of any street line and to within a distance equal to their height of any property line and may cover not more than 35% of the area of the lot.

(2) Dwelling for two or more families.

(3) Municipally-owned and operated parking lot or, by special permit of the Board of Trustees, privately owned and operated parking lot in conjunction with a permitted use or an abutting property, subject to the following requirements.

(a) No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling.

(b) Wherever such parking lot abuts the side or rear lot line of a lot in a residence district, the said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge, with a height of not less than 6 1/2 feet.

(c) Wherever such parking lot is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge located along a line drawn parallel to the street and a distance of 20 feet therefrom, such hedge to be interrupted only at points of ingress and egress. The open area between such hedge and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street.

(4) Accessory buildings and accessory uses.

B. Height. Except as provided in Subsection A(3) of § 310-8, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

[Amended 4-14-2003 by L.L. No. 2-2003]

C. Lot area and depth. No lot shall have an area of less than 12,000 square feet, nor shall the land area provided for each dwelling unit on the lot be less than 2,750 square feet. No lot shall have an average depth of less than 100 feet.

D. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

(1) Front yard. There shall be a front yard with a minimum depth of 20 feet, except that, where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25º or more, such building may project to within 15 feet of the street line.

(2) Side yard. There shall be a side yard with a minimum width of 12 feet. Where the planes of all walls of a one-family dwelling facing a side lot line intersect such line at a minimum angle of 25º or more, such dwelling may project to within 10 feet of such lot line.

(3) Rear yard. There shall be a rear yard with a minimum depth of 30 feet.

(4) Exceptions to yard requirements.

(a) Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot; except that any such fence or wall erected in any front yard shall be not more than 1/2 solid. Any such fence or wall erected in any front yard of any corner lot shall not obstruct the clear sight triangle at any intersection as provided in § 310-22A of this chapter.

(b) The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required.

E. Usable open space. For every dwelling unit erected on any lot there shall be provided at least 400 square feet of usable open space.

F. Maximum coverage. The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot, except that, where the Planning Board finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, the Planning Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitation.

G. Length of buildings. No building shall exceed a length of 160 feet.

H. Distance between buildings. The following minimum distances between buildings shall be observed.

(1) Between a principal building, other than one-family dwelling and a one-story accessory building: 20 feet.

(2) Between any other two buildings: A distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

(3) Notwithstanding any other provision and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70º on each side of a line perpendicular to the center of any legal window (other than a legal bathroom or kitchen window) and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80º. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot. The provisions of this subsection shall be applied in addition to applicable provisions of the New York State Uniform Fire Prevention and Building Code.

I. Courts.

(1) Inner courts. An inner court is permitted if the minimum dimension of such court is not less than 1/2 times the average height of all surrounding walls in the case of nonresidential buildings and not less than 1 1/2 times such height, but not less than 60 feet, in the case of residential buildings. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.

(2) Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.

J. Off-street parking. For dwelling for two or more facilities there shall be provided on the lot paved off-street parking space or garage space or both, sufficient in area for parking at one time of not less than 1 1/2 times as many passenger vehicles as there are dwelling units on the lot. All required open parking spaces shall be individually identified by means of pavement markings. Wherever space is provided for the parking of four or more vehicles in the open, such spaces shall be screened by a substantial solid wall or fence or thick hedge 6 1/2 feet in height above the average finished grade of the parking area. No parking space shall be located in any front yard or within three feet of any lot line in side or rear yards. The parking of motor vehicles within 15 feet of any wall or portion thereof of a two or more family dwelling, which wall contains legal windows (other than legal bathroom or kitchen windows) with a sill height of less than eight feet above the level of the said parking space, is prohibited.

K. Floor area ratio (FAR). See § 310-22E for FAR controls.

[Added 4-14-2003 by L.L. No. 2-2003]

§ 310-12 Three-Story Multiple Residence C District.

A. Use. In a Three-Story Multiple Residence C District 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:

(1) use permitted in Two-Story Multiple Residence B Districts.

(2) Hotels with not less than 20 sleeping rooms, provided access to all rooms shall be had through a common lobby.

(3) Hospitals for human beings.

(4) Accessory buildings and accessory uses.

B. Height. No building shall be erected to a height in excess of 42 feet, nor shall the number of stories at any point along the periphery of any building exceed 3 1/2 stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

C. Lot area and depth. No lot shall have an area of less than 12,000 square feet, nor shall the land area provided for each dwelling unit on the lot be less than 1,750 square feet. No lot shall have an average depth of less than 100 feet.

D. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

(1) Front yard. There shall be a front yard with a minimum depth of 20 feet, except that, where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25º or more, such building may project to within 15 feet of the street line.

(2) Side yard. There shall be a side yard with a minimum width equal to 1/2 the height of the wall or walls of any building which face the side lot line, but in no case nearer that 12 feet to such lot line. Where the planes of all walls of a one-family dwelling facing a side lot line intersect such line at a minimum angle of 25º or more, such dwelling may project to within 10 feet of such lot line.

(3) Rear yard. There shall be a rear yard with a minimum depth of 30 feet.

(4) Exceptions to yard requirements.

(a) Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot except that any such fence or wall erected in any front yard shall be not more than 1/2 solid. Any such fence or wall erected in any front of any corner lot shall not obstruct the clear sight triangle at any intersection as provided in Section 30.51 (A) of this chapter. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of 6 1/2 feet above the aggregate level of such lot line.

(b) The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required.

E. Usable open space. For every dwelling unit erected on any lot there shall be provided at least 400 square feet of usable open space.

F. Maximum coverage. The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot, except that, where the Planning Board finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, the Planning Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitations.

G. Length of buildings. No building shall exceed a length of 160 feet.

H. Distance between buildings. The following distances between buildings shall be observed:

(1) Between a principal building, other than a one-family dwelling and a one-story accessory building: 20 feet.

(2) Between any two other buildings: A distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

(3) Notwithstanding any other provisions and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet extending 70º on each side of a line perpendicular to the center of any legal window (other than a legal bathroom or kitchen window) and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80º. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot. The provisions of this subsection shall be applied in addition to applicable provisions of the New York State Uniform Fire Prevention and Building Code.

I. Courts.

(1) Inner courts. An inner court is permitted if the minimum dimension of such court is not less than 1/2 times the average height of all surrounding walls in the case of nonresidential buildings and not less than 1 1/2 times such height, but not less than 60 feet, in the case of residential buildings. The height of walls surrounding an inner court shall be measured from finished grades at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of the said wall and the highest point of the roof.

(2) Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.

J. Off-street parking. For dwellings for two or more families there shall be provided on the lot paved off-street parking space or garage space or both, sufficient in area for the parking at one time of not less than 1 1/2 times as many passenger vehicles as there are dwelling units on the lot. All required open parking spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within three feet of any lot line in side or rear yards. Wherever space is provided for the parking of four or more vehicles, such space shall be screened by a substantial solid wall or fence or thick hedge 6 1/2 feet in height above the average finished grade of the parking area. The parking of motor vehicles within 15 feet of any wall or portion thereof of a two or more family dwelling, which wall contains legal windows (other than legal bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space, is prohibited.

§ 310-13 Six-Story Multiple Residence D District.

A. Use. In a Six-Story Multiple Residence D District 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:

[Amended 3-11-1996 by L.L. No. 1-1996; 9-18-2006 by L.L. No. 1-2006]

(1) Any use permitted in Three-Story Multiple Residence C Districts.

(2) Age restricted multiple residence facilities having no more than 90 dwelling units for residents 62 years of age or older and their spouses, with access to all units through a common lobby.

(a) Auxiliary uses for age restricted multiple residence facilities may include administrative offices, residents’ lounges, medical examination rooms, communal dining facilities, physical therapy rooms and other uses acceptable to the Planning Board. The aggregate square footage of the auxiliary use spaces shall not exceed 20% of the gross floor area of the total facility.

(3) Environmental improvement multiple residence facilities are permitted by special permit as set forth in Section 310-42M of this chapter.

[Amended 7-13-2015 by L.L. No. 6-2015]

B. Height. No building shall be erected to a height in excess of 72 feet, nor shall the number of stories at any point along the periphery of any building exceed six stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subdivision, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

C. Lot area and depth.

[Amended 3-11-1996 by L.L. No. 1-1996]

(1) No lot, other than for use as an age restricted multiple residence facility, shall have an area of less than 12,000 square feet nor shall the land area provided for each dwelling unit on the lot be less than 1,500 square feet. No lot shall have an average depth of less than 100 feet.

(2) For any lot to be used for an age restricted multiple residence facility the area of said lot shall not be less than 60,000 square feet. Nor shall the land area provided for each dwelling unit on the lot be less than 750 square feet. No lot to be used for an age restricted multiple residence facility shall have an average lot depth of less than 100 feet nor street frontage of less than 600 linear feet.

D. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

(1) Front yard. There shall be a front yard with a minimum depth of 20 feet, except that, where the planes of all walls of a building facing the street intersect the street line at a minimum angle of 25º or more, such building may project to within 15 feet of the street line.

(2) Side yard. No building up to 36 feet in height or part thereof shall be erected nearer to any side lot line than a distance equal to 1/2 the height of the wall or walls of such building which face the side lot line, but in no case nearer than 12 feet to such lot line. No building with a height in excess of 36 feet shall be erected nearer to any side lot line than a distance of 25 feet plus 1/6 of the height of the wall or walls which face such a lot line. Where the planes of all walls of a one-family dwelling facing a side lot line intersect such line at a minimum angle of 25º or more, such dwelling may project to within 10 feet of such lot line.

(3) Rear yard. There shall be a rear yard with a minimum depth of 30 feet.

(4) Exceptions to yard requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot, except that any such fence or wall erected in any front yard shall be not more than 1/2 solid. Any such fence or wall erected in any front yard of any corner lot shall not be more than 1/4 solid and shall not obstruct the clear sight triangle at any intersection, as provided in § 310-22A of this chapter. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of 6 1/2 feet above the average level of such lot line. The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required.

(5) Yard requirements for age restricted multiple residence facilities:

[Added 3-11-1996 by L.L. No. 1-1996]

(a) Front yard. There shall be a front yard with a minimum depth of five feet.

(b) Side yard. There shall be two side yards having a minimum width of 60 feet each.

(c) Rear Yard. There shall be a rear yard with a minimum depth of 12 feet.

(d) Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls not more than 6 1/2 feet in height may be erected anywhere on the lot, except that any such fence or wall erected in any front yard shall not be more than one quarter solid. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Garages so designated as to allow the use of the roof thereof as part of the grounds may be erected in the required yards, to the property line, provided that direct and unobstructed access is provided from the public street to said roof.

E. Usable open space. For every dwelling unit erected on any lot there shall be provided at least 300 square feet of usable open space.

F. Maximum coverage.

(1) The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot, except that, where the Planning Board finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, the Planning Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitation.

(2) The sum of all areas covered by all principal and accessory buildings the use of which are for an age restricted multiple residence facility shall not exceed 55% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitation.

[Added 3-11-1996 by L.L. No. 1-1996]

G. Length of buildings.

[Amended 3-11-1996 by L.L. No. 1-1996]

(1) No building, unless used as an age restricted multiple residence facility, shall exceed a length of 180 feet. The length of a building used as an age restricted multiple residence facility shall not exceed 180 feet unless specifically reviewed and approved by the Planning Board during site plan review.

(2) The Planning Board, in order to permit a building to exceed 180 feet in length, shall consider the standards set forth in § 310-30A(2) and shall find:

(a) The location and length of the building, the nature and intensity of the operations involved in it or conducted in connection with it, the size of the site in relation to it and the location of the site with respect to streets giving access to it are such that it would be in harmony with the appropriate and orderly development of the district in which it is located.

(b) The location, nature and height of the building, walls and fences and the nature and extent of existing or proposed plantings on the site are such that the length of the building will not hinder or discourage the appropriate development and use of adjacent land and buildings.

H. Distance between buildings. The following minimum distances between buildings shall be observed:

(1) Between a principal building, other than a one-family dwelling and a one-story accessory building: 20 feet.

(2) Between any two other buildings: A distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

(3) Notwithstanding any other provision and except as provided hereinafter, no building on any lot shall intrude into the area enclosed by an arc of a circle with a radius of 60 feet, extending 70º on each side of a line perpendicular to the center of any legal window (other than a legal bathroom or kitchen window) and the exterior radii of such arc. All measurements shall be performed in horizontal projection at the sill level of the subject window. This limitation shall not apply to any wall of the same building the plane of which intersects the plane of the wall in which the subject window is located at an exterior angle of more than 80º. A minimum distance of 60 feet shall be maintained between the subject window and any wall parallel thereto, whether such wall is a part of the same or of another building on the same lot. The provisions of this subsection shall be applied in addition to applicable provisions of the New York State Uniform Fire Prevention and Building Code.

I. Courts.

(1) Inner courts. An inner court is permitted if the minimum dimension of such court is not less than 1/2 times the average height of all surrounding walls in the case of nonresidential buildings and not less than 1 1/2 times such height, but not less than 60 feet, in the case of residential buildings. The height of walls surrounding an inner court shall be measured from finished grades at the base thereof, to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.

(2) Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.

J. Off-street parking.

(1) For dwellings for two or more families there shall be provided on the lot paved off-street parking space or garage space or both, sufficient in area for the parking at one time of not less than 1 1/2 times as many passenger vehicles as there are dwelling units on the lot.

(2) For age restricted multiple residence facilities adjacent to a municipally owned and operated parking lot there shall be provided on the lot paved off-street parking space or garage space or both, sufficient in area for the parking at one time of not less than one times as many passenger vehicles as there are age restricted multiple residence dwelling units on the lot.

(3) All required open parking spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within three feet of any lot line in side or rear yards. Wherever space is provided for the parking of four or more vehicles, such space shall be screened by a substantial solid wall or fence or thick hedge 6 1/2 feet in height above the average finished grade of the parking area. The parking of motor vehicles within 15 feet of any wall or portion thereof of a two or more family dwelling, which wall contains legal windows (other than legal bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space is prohibited.

[Amended 3-11-1996 by L.L. No. 1-1996]

K. Satellite Earth Stations. (By Special Permit, see Article VII, Special Permits)

§ 310-14 Central Business A District.

[Amended 6-9-1997 by L.L. No. 2-1997; 1-8-2001 by L.L. No. 2-2001; 7-12-2004 by L.L. No. 3-2004]

In a Central Business A District, 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 those set forth below. Any use not specifically permitted in Subsection A of this section or § 310-42 of this chapter, or any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, fumes, or radiation, or which presents a hazard to public health or safety, is prohibited.

A. Principal permitted uses:

(1) Retail establishment, but excluding a supermarket or vehicle dealership. If such use is located within 250 feet of the boundary of a district zoned for residence, including AAA, AA, A, B, C, and D Residence Districts, such establishment may not be operated between the hours of 12:00 midnight and 7:00 a.m.

(2) Service establishment, such as but not limited to tailoring or dressmaking, cobbler, optician, funeral home, photocopy shop, photography studio or film or other image processor.

(a) Service establishments may have an accessory retail component, such as the sale of retail products by an optician.

(b) Service establishments that provide medical-related products or services, such as opticians, hearing-aid providers, medical equipment providers or prosthetic providers and similar providers of medical-related products or services, shall not be deemed medical or health-care professionals, provided that such use is primarily retail.

(c) If such use is located within 250 feet of the boundary of a district zoned for residence, including AAA, AA, A, B, C, and D Residence Districts, such establishment may not be operated between the hours of 12:00 midnight and 7:00 a.m.

(3) Personal service establishment, such as but not limited to a barbershop, beauty salon, nail salon, or day spa, as regulated below.

(a) No personal service establishment shall occupy street level space on Pondfield Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue.

(4) Office, including clerical, administrative, professional and other business office, as regulated below.

(a) No office shall occupy street level space on Pondfield Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue, or on Palmer Avenue between Parkway Road and Paxton Avenue.

(5) Restaurant.

[Amended 7-13-2015 by L.L. No. 4-2015]

(6) Dry cleaner, counter service only; cleaning plant is not allowed on the premises.

(7) Place of worship and related educational facility.

(8) Dwelling unit.

(a) Separate dwelling units may be allowed above the street level floor of a building, and in no case shall residential use be allowed as a street level use.

(b) No one dwelling unit shall exceed 2,000 gross square feet in area. Such limit may be increased by special permit of the Planning Board in accordance with standards of Article VII of this chapter to a gross square footage not exceeding 6,600 square feet.

(c) The exterior entrance to the dwelling unit(s) shall be separate from that of any nonresidential use.

(d) Parking shall be on a separate floor from residences.

(9) Carry-out food establishments.

[Added 9-11-2017 by L.L. No. 2-2017]

(a) No carry-out food establishment shall be permitted within 100 linear feet of any other carry-out food establishment on the same side of the street. Such distance shall he measured from the closest point of each establishment to the other. The measurement shall be continued on the same side of the street around any street corner within the one-hundred-foot distance; provided, however, that the Planning Board may waive this requirement if it determines that such a waiver is appropriate given the particular circumstances of the proposed use and its location.

[Amended 1-8-2018 by L.L. No. 2-2018]

(b) The cumulative floor area devoted to food preparation shall not exceed 25% of the gross floor area.

(c) The cumulative floor area devoted to the retail sale and/or display of goods for consumption off premises shall be a minimum of 50% of the gross floor area.

(d) Seating provided for consumption on the premises shall be clearly accessory to the retail sale of goods and shall be limited to 12 seats.

(e) The establishment shall comply with all requirements of the New York State Uniform Fire Prevention and Building Code.

(f) If such use is located within 250 feet of the boundary of a district zoned for residence, including AAA, AA, A, B, C, and D Residence Districts, such establishment may not be operated between the hours of 12:00 midnight and 7:00 a.m.

(10) Health professional office.

[Added 9-11-2017 by L.L. No. 2-2017]

(a) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

HEALTH PROFESSIONAL OFFICE

Any business office of a health professional, as defined in § 310-3 of this chapter.

(b) Health professional offices shall have one parking space per 300 square feet for the first 600 square feet of gross floor area and one parking space per 150 square feet of gross floor area above 600 square feet.

(c) The facade of health professional offices on the street level shall be at least 50% clear, unobstructed glass window.

(d) No health professional office shall occupy street-level space on Pondfield Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue nor shall it occupy street-level space on Palmer Avenue between Parkway Road and Paxton Avenue absent a special permit.

(e) If such use is located within 250 feet of the boundary of a district zoned for residence, including AAA, AA, A, B, C, and D Residence Districts, such establishment may not be operated between the hours of 12:00 midnight and 7:00 a.m.

(11) Financial office or bank

[Added 9-11-2017 by L.L. No. 2-2017]

(a) No banks or financial offices shall occupy street-level space on Pondfield Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue nor shall they occupy street-level space on Palmer Avenue between Parkway Road and Paxton Avenue absent a special permit.

(b) In other locations, a bank or financial office may occupy street level, provided that the street-level facade of the proposed use has at least 50% of its area in clear, unobstructed glass window and there is a minimum distance, measured from the closest point of each establishment to the other, of 150 feet between the proposed bank or financial office and any existing street-level bank or financial office on the same side of the street. The measurement shall be continued on the same side of the street around any street corner within the one-hundred-foot distance: provided, however, that the Planning Board may waive this requirement if it determines that such a waiver is appropriate given the particular circumstances of the proposed use and its location.

[Amended 1-8-2018 by L.L. No. 2-2018]

(c) Bank or financial office off-street parking requirement: eight spaces, together with four additional spaces for each teller position in excess of two.

(d) For the purposes of calculating off-street parking, each automatic teller machine is deemed a teller position.

(e) If such use is located within 250 feet of the boundary of a district zoned for residence, including AAA, AA, A, B, C, and D Residence Districts, such establishment may not be operated between the hours of 12:00 midnight and 7:00 a.m.

(12) Real estate office or agency.

[Added 9-11-2017 by L.L. No. 2-2017]

(a) In no case shall a real estate agency or real estate office occupy street level space on Pondfield Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue or on Palmer Avenue between Parkway Road and Paxton Avenue.

(b) In other locations, a real estate agency or real estate office may occupy street-level space, provided that the street-level facade of the proposed use has at least 50% of its area in clear, unobstructed glass window and there is a minimum distance, measured from the closest point of each establishment to the other, of 150 feet between the proposed real estate agency or real estate office and any existing street-level real estate agency or real estate office on the same side of the street. The measurement shall be continued on the same side of the street around any street corner within the one-hundred-foot distance; provided, however, that the Planning Board may waive this distance restriction in cases where the resulting intensity of use will not be detrimental to the public health, safety and/or welfare.

(c) If such use is located within 250 feet of the boundary of a district zoned for residence, including AAA, AA, A, B, C, and D Residence Districts, such establishment may not be operated between the hours of 12:00 midnight and 7:00 a.m.

(13) Health clubs smaller than 1,500 square feet.

[Added 7-9-2018 by L.L. No. 8-2018]

B. Accessory uses:

(1) Private (nonmunicipal) garage, accessory to a principal permitted use or special permit use allowed in Central Business A.

(2) Geothermal energy systems, as defined in § 310-22G of this chapter.

[Added 9-13-2010 by L.L. No. 2-2010]

(3) Outdoor eating area. The purpose of this subsection is to allow outdoor eating areas as a permitted accessory use, in association with permitted eating or drinking establishment uses (including carry-out food establishments), with conditions and safeguards to prevent nuisance conditions within the Village.

[Added 7-13-2015 by L.L. No. 4-2015]

(a) Specific standards for outdoor eating areas.

[1] The space shall be open to the sky, except that a retractable awning or table umbrellas may be permitted subject to review and approval by the Design Review Committee.

[2] All damages and liabilities sustained in relation to the use and location of the outdoor eating area shall be the responsibility of the owner and/or operator of the use.

[3] At minimum, the outdoor eating area shall leave a five-foot-wide clear path free of all obstructions in order to allow for adequate pedestrian movement. This minimum distance shall be measured from the portion of the outdoor eating area frontage which is nearest either the curb or nearest obstruction. Unless otherwise determined by the Planning Board, parking meters, traffic signs and trees which have gratings flush to grade, without fences or guards, shall not count as obstructions.

[4] The area used for an outdoor eating area shall not exceed the frontage of the related eating or drinking establishment use.

[5] All awnings or umbrellas shall be adequately secured, retractable and made of a noncombustible frame covered with a flameproofed canvas or cloth, slow burning plastic or other equivalent material, but not including glass. At no point shall the height of the awning be lower than seven feet from the floor of the outdoor eating area unless otherwise approved by the Design Review Committee. The valance of the awning shall not exceed 12 inches in height. Awnings or umbrellas may overhang no more than 12 inches into the five feet of clear path, as provided in Subsection (3)(a)[3] of this section.

[6] No structure or enclosure to accommodate the storage of garbage may be erected or placed adjacent to or separate from the outdoor eating area on the public right-of-way.

[7] No signs are permitted on sidewalk umbrellas. All other signage is subject to the regulations in § 310-23 of this chapter.

[8] Musical instruments or sound reproduction devices shall not be operated or used within an outdoor eating area for any purpose.

[9] All planters, railings and fences as part of an outdoor eating area shall be self-supporting. In order to maximize visual access, the height of the railing or planter, including the vegetation within, shall not be higher than 30 inches. All materials, aside from planters, shall be removed from the sidewalk during those off-season periods when the outdoor eating area ceases operation. If not removed, a planter may be placed with its longest side against the wall of the accompanying restaurant, provided that such planter does not obstruct any egress from the building.

[10] All objects other than planters shall be removed during that period of the year when the outdoor eating area ceases operation or at least between December 1 and February 28.

(b) Approval procedure. The establishment of an outdoor eating area shall be subject to site plan approval in accordance with the terms of § 310-26; provided, however, that public notice of the application shall be limited to properties within a one-hundred-fifty-foot radius of the proposed outdoor eating area.

(c) Renewal and changes to approval. The site plan approval or renewal permit for an outdoor eating area shall be valid until the end of the calendar year in which it is issued. Thereafter a renewal permit is required from the Village Administrator, which will be subject to fees set from time to time by the Village Board. Any substantial changes to the Planning Board approved layout or conditions will require Planning Board approval. If there is any violation of the terms of the permit, the Village Administrator shall have the right to revoke such permit. In addition, if the Village Administrator determines that the original Planning Board approval requires substantial modification, he/she may refer the renewal application to the Planning Board for approval.

(d) Insurance requirements. The applicant shall provide evidence of liability coverage in the amount determined by the Village, with such insurance to be maintained for the full duration of the approval for such outdoor eating area.

C. Special permit uses. The Planning Board may allow the following uses by special permit, as regulated in Article VII of this chapter. See § 310-42 for individual standards and requirements applicable to these special permit uses, including off-street parking requirements. At the Planning Board's discretion, a special permit may be subject to renewal.

(1) Health professional office occupying street-level space on Pondfield Road between Kraft Avenue and Cedar Street/Tanglewylde Avenue or occupying street-level space on Palmer Avenue between Parkway Road and Paxton Avenue.

[Amended 9-11-2017 by L.L. No. 2-2017]

(2) Financial office or bank occupying street level space on Pondfield Road between Kraft Avenue and Cedar Street/Tangleylde Avenue or Palmer Avenue between Parkway Road and Paxton Avenue.

[Amended 9-11-2017 by L.L. No. 2-2017]

(3) (Reserved)[1]

[1] Editor’s Note: Former Subsection C(3), listing real estate office or agency as a special permit use, was repealed 9-11-2017 by L.L. No. 2-2017.

(4) (Reserved)[2]

[2] Editor's Note: Former Subsection C(4), listing carry-out food establishment as a special permit use, was repealed 9-11-2017 by L.L. No. 2-2017.

(5) (Reserved)[3]

[3] Editor's Note: Former Subsection C(5), listing outdoor eating area as a special permit use, was repealed 7-13-2015 by L.L. No. 4-2015.

(6) Indoor recreation facility, including martial arts, dance, or crafts instruction studio.

[Amended 7-9-2018 by L.L. No. 8-2018]

(7) Hotel.

(8) Off-street parking lot or area as a principal use on a lot.

(9) Hospital.

(10) Theater.

(11) Supermarket.

(12) Satellite earth stations and communications facility.

(13) (Reserved)[4]

[4] Editor's Note: Former Subsection C(13), listing home occupations in residential use as a special permit use, was repealed 9-11-2017 by L.L. No. 2-2017.

(14) Educational facility.

(15) Solar energy systems, as defined in § 310-22F of this chapter.

[Added 9-13-2010 by L.L. No. 2-2010]

(16) Renewable energy systems, as defined in § 310-22G of this chapter, except no special permit is required for geothermal energy systems.

[Added 9-13-2010 by L.L. No. 2-2010]

(17) Health clubs larger than 1,500 square feet.

[Added 7-9-2018 by L.L. No. 8-2018]

D. Area, bulk, and height controls.

(1) Uses shall be enclosed. All permitted uses, whether principal, accessory, or special permit uses, shall be carried on in buildings that are fully enclosed on all sides, with the exception of off-street parking and outdoor eating areas.

[Amended 7-13-2015 by L.L. No. 4-2015]

(2) Floor area. No single use shall occupy more than 3,500 gross square feet of floor area on the principal street level. Such limit may be increased by special permit of the Planning Board in accordance with standards of Article VII of this chapter to a gross square footage not exceeding 5,000 square feet.

(3) Floor area ratio. No building or structure shall be erected or enlarged which exceeds a floor area ratio of 1.0, except that if the area of the lot is 2,500 square feet or less, at the discretion of the Planning Board a building or structure may be erected or enlarged on the lot with a floor area ratio of up to 1.6.

(4) Street frontage. Principal permitted uses shall occupy no more than 35 linear feet of street frontage along any street measured at the street level. Such limit may be increased by special permit of the Planning Board in accordance with the standards of Article VII of this chapter to a street frontage not to exceed 50 linear feet.

(5) Yards. No front, side, or rear yard is required on any lot in Central Business A, but if any side or rear yard is provided, such yard shall be at least six feet wide.

(6) Height.

(a) Except as provided hereinafter in § 310-42I(4), no part of any building or structure shall be erected or enlarged to a height greater than two stories, nor shall such height exceed 32 feet or be less than 15 feet above the average elevation as measured at the building line, except for the following:

[1] There may be additional levels for parking at the rear of any building, provided that the highest of such additional floors shall not exceed the height of the highest level not comprising parking.

[2] As provided in § 310-42I(4), hospitals in Central Business A shall be allowed a maximum height of 72 feet under certain conditions.

(b) Where a lot has frontage on two nonintersecting through streets or other public ways, the height limitation shall apply to the facade on each street or way and a setback shall be provided from the lower to the higher portion of the building to be set back at a distance not less than the difference between the heights of the two levels.

(c) When penthouses, bulkheads, or other rooftop structures are more than 12 feet high measured from the height of the adjoining roof or cover more than 20% of the roof area, height measurements shall be taken to the top of such penthouses, bulkheads, or other rooftop structures.

(d) All penthouses, bulkheads, or other rooftop structures must be at least 10 feet back from the front and rear walls of a building and three feet back from the side walls, except that walls of elevator and stair enclosures may be built on the side wall when so required by the plan of the building.

E. Off-street parking controls. No building shall be erected or enlarged and no change of use shall be approved unless provision is made for adequate off-street parking to serve such building or use, as provided below.

(1) At the discretion of the Planning Board, the off-street parking requirement for new construction, enlargement, or change of use equal to or less than 3,500 square feet may be reduced or eliminated.

(2) For new construction, enlargement, or change of use involving more than 3.500 square feet, the Planning Board may reduce the required parking if it determines that such a reduction is warranted by the particular circumstances of the application under consideration.

[Amended 1-8-2018 by L.L. No. 3-2018]

(3) Any off-street parking spaces eliminated as the result of building construction shall be replaced.

(4) No use shall reduce or redesignate its required off-street parking spaces to serve other structures or uses to a number below that which is the minimum required by this chapter.

(5) Parking shall not be a principal street level use unless fully enclosed in an existing building, when such building is set back a minimum 50 feet from the street line.

(6) With the exceptions stated above, the following off-street parking requirements shall be met for principal permitted uses:

(a) Retail and restaurants: one space per 300 square feet of the first 2,500 square feet of gross floor area; together with one additional space for each additional 200 square feet of gross floor area thereafter.

[Amended 1-8-2018 by L.L. No. 3-2018]

(b) Service: one space per 300 square feet of the first 2,500 square feet of gross floor area; together with one additional space for each additional 200 square feet of gross floor area thereafter.

(c) Business or professional office (other than medical and health-care professional): one space per 300 square feet of the first 2,500 square feet of gross floor area; together with one additional space for each additional 200 square feet of gross floor area thereafter.

(d) Intentionally omitted.[5]

[5] Editor’s Note: Former Subsection E(6)(d), regarding restaurants, was repealed 1-8-2018 by L.L. No. 3-2018.

(e) Dwelling unit: one space per studio; two spaces for all other dwelling unit types.

(7) For principal permitted uses in Central Business A District that are not listed above, the Planning Board shall determine the minimum number of required off-street parking spaces.

(8) See Article VII, Special Permits, of this chapter for other off-street parking requirements.

§ 310-15 Service Business B District.

[Amended 6-9-1997 by L.L. No. 2-1997; 7-12-2004 by L.L. No. 3-2004]

In a Service Business B District, 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 those set forth below.

A. Principal permitted uses:

(1) Any principal permitted use permitted in a Central Business A District.

(2) Storage.

(3) Self-service laundromat.

(a) A self-service laundromat shall not have more than 30 total machines (washers and dryers totaled), and may offer dropoff service.

B. Accessory uses. Any use that is customary to a principal permitted use listed above, including, but not limited to the following:

[Amended 7-13-2015 by L.L. No. 4-2015]

(1) Outdoor eating area, subject to the terms and requirements enumerated in § 310-14B(3) of this chapter.

C. Special permit uses. The following uses are allowed by special permit, as regulated in Article VII of this chapter. See § 310-42 for individual standards and requirements applicable to these special permit uses, including off-street parking requirements.

(1) Use allowed by special permit in Central Business A District are allowed by special permit in Service Business B District.

(2) Automotive-related establishment and vehicle dealership.

(3) Manufacturing and assembling establishment.

(4) Printing.

(5) Dry cleaner with cleaning plant on the premises.

(6) Commercial laundry.

(7) Solar energy systems, as defined in § 310-22F of this chapter.

[Added 9-13-2010 by L.L. No. 2-2010]

(8) Renewable energy systems, as defined in § 310-22G of this chapter, except no special permit is required for geothermal energy systems.

[Added 9-13-2010 by L.L. No. 2-2010]

(9) Home occupations in residential use.

[Added 9-11-2017 by L.L. No. 2-2017]

D. Area, bulk, and height controls.

(1) Uses shall be enclosed. All permitted uses, whether principal, accessory, or special permit, shall be carried on in buildings that are fully enclosed on all sides, with the exception of off-street parking and loading areas and the service apron of gasoline stations.

(2) Floor area ratio.

(a) No building or structure shall be erected or enlarged which exceeds a floor area ratio of 1.6.

(b) If a building has frontage on two nonintersecting through streets or other public ways not more than 150 feet apart, the curb levels of which differ by 10 feet or more, having customer entrances on each of said streets or other public ways, one story of basement area may be excluded from computation as floor area, regardless of the use to which said area is put, provided that, to be so excluded, the level of said basement area shall be not less than eight feet below the curb level of the higher of the two said streets or other public ways.

(3) Yards. No front, side, or rear yard is required on any lot in Service Business B District, but if any side or rear yard is provided, such yard shall be at least six feet wide.

(4) Height.

(a) Except as provided hereinafter in § 310-42I(4), no part of any building or structure shall be erected or enlarged to a height greater than three stories, nor shall such height exceed 42 feet above the curb level. For the purposes of this subsection, a basement shall not be counted as one of the three allowed stories.

(b) Where a lot has frontage on two nonintersecting through streets or other public ways, the height limitation shall apply only as measured from the curb level along the street or public way with the higher elevation.

(c) When penthouses, bulkheads, or other rooftop structures are more than 12 feet high measured from the height of the adjoining roof or cover more than 20% of the roof area, height measurements shall be taken to the top of such penthouses, bulkheads, or other rooftop structures.

(d) All penthouses, bulkheads, or other rooftop structures must be at least 10 feet back from the front and rear walls of a building and three feet back from the side walls, except that walls of elevator and stair enclosures may be built on the side wall when so required by the plan of the building.

E. Off-street parking controls. No building shall be erected or enlarged and no change of use shall be approved unless provision is made for adequate off-street parking to serve such building or use, as provided below.

(1) At the discretion of the Planning Board, the off-street parking requirement for new construction, enlargement, or change of use equal to or less than 3,500 square feet may be reduced or eliminated.

(2) For new construction, enlargements, or change of use involving more than 3,500 square feet, the Planning Board may reduce the required parking if it determines that such a reduction is warranted by the particular circumstances of the application under consideration.

[Amended 1-8-2018 by L.L. No. 3-2018]

(3) Any off-street parking spaces eliminated as the result of building construction shall be replaced,

(4) No use shall reduce or redesignate its required off-street parking spaces to serve other structures or uses to a number below that which is the minimum required by this chapter.

(5) Parking shall not be a principal street level use unless fully enclosed in an existing building, when such building is set back a minimum 50 feet from the street line.

(6) With the exceptions stated above, the following off-street parking requirements shall be met for principal permitted uses:

(a) Retail and restaurants: one space per 300 square feet of the first 2,500 square feet of gross floor area: together with one additional space for each additional 200 square feet of gross floor area thereafter.

[Amended 1-8-2018 by L.L. No. 43-2018]

(b) Service: one space per 300 square feet of the first 2,500 square feet of gross floor area; together with one additional space for each additional 200 square feet of gross floor area thereafter.

(c) Business or professional office (other than medical and health-care professional): one space per 300 square feet of the first 2,500 square feet of gross floor area; together with one additional space for each additional 200 square feet of gross floor area thereafter.

(d) Intentionally omitted.[1]

[1] Editor’s Note: Former Subsection E(6)(d), regarding restaurants, was repealed 1-8-2018 by L.L. No. 3-2018.

(e) Dwelling unit: one space per studio; two spaces for all other dwelling unit types.

(7) For principal permitted uses in Service Business B District that are not listed above, the Planning Board shall determine the minimum number of required off-street parking spaces.

(8) See Article VII, Special Permits, of this chapter for other off-street parking requirements.