Elmsford City Zoning Code
§ 335-10
Central Business District.
[Added 3-29-1999 by L.L. No. 1-1999]
Within the Central Business District, no building or premises shall be used in whole or in part for any industrial or manufacturing purpose, except as permitted in this section, or for any other than the following specified purposes:
A.
Permitted uses.
(2)
Public restaurant.
(3)
Retail store: professional or business office or office building theater or other place of public assembly, including establishments for the purposes of education, social activities, recreation, instruction, amusement or exercise; financial institution; undertaking establishment.
(4)
Personal service establishments, such as tailor shop, dressmaker, barbershop or beauty parlor, confectionery shop, butcher shop, laundry, bakery or dry-cleaning establishment.
(5)
Mixed-use buildings, consisting or multifamily dwellings, over nonresidential uses permitted in § 335-9A, B, C or D. Mixed-use buildings shall be subject to the issuance of a special permit by the Village Board of Trustees following the procedures and in compliance with the applicable standards and procedures set forth in § 335-23. The following regulations and controls are adopted and enacted for the purpose of encouraging the construction of mixed use-development, which can help to meet the housing and community development needs of the downtown area as defined in the Comprehensive Plan:
[Amended 5-16-2005 by L.L. No. 2-2005]
(a)
The minimum area of a lot or plot upon which a mixed-use building may be located shall be not less than 40,000 square feet.
(b)
The land coverage of mixed-use buildings shall not exceed 80% of the area of the lot or plot upon which they are located.
(c)
On each and every lot or plot devoted to the erection of a mixed use, there shall be provided at least 1,200 square feet of land area for each dwelling unit thereon; except in the case of lots of less than 40,000 square feet, in which case there shall be provided at least 2,000 square feet of land area for each dwelling unit thereon.
(d)
There shall be provided no fewer than two parking spaces per dwelling unit, plus an additional number of spaces equal to 10% of the visitor required spaces, except that the Board of Trustees may adjust the required parking based on the location of other municipal parking and other factors, including the size of the apartment proposed in the multifamily building and the nature of the nonresidential use.
(e)
All front, side and rear yard requirements shall be as required for other types of buildings in the Central Business District; except that, where windows are provided facing a side or rear yard, setback shall be at least 10 feet in width. No front yard setback shall be required.
(f)
The minimum square feet for a dwelling unit shall be 1,000 square feet.
(6)
Veterinary hospital.
(7)
Any change of use in any portion of a building shall require the issuance of a new certificate of occupancy for such space.
B.
Bulk and dimensional standards.
C.
Landscaping. Whenever a lot line for a nonresidential or mixed-use building, its accessway or parking area borders a residence district, there shall be either:
(1)
Planted along such line evergreen trees of such type and spacing as shall be approved by the Village Board of an initial height of not less than five feet and adequate ultimately to screen as much as possible all operations on the lot from the view of the properties in adjoining residence districts; or
(2)
A wall or fence of location, height, design and material approved by the Board so as to screen as much as possible all operations on the lot from the view of the properties in adjoining residence districts.
D.
Lighting. All exterior lighting and signs shall be designed so as to minimize the visual impact to adjoining and nearby residential uses.
E.
Waiver of parking spaces. Where the Board of Trustees, in connection with its review of a site plan, determines that the immediate use of any property and the availability of public parking in the immediate vicinity may not warrant the full improvement of all required off-street parking, the Board, after review, may waive the number of such spaces.
F.
Approval of site plans. All site plans for the proposed development within the CB District shall be subject to approval of the Board of Trustees.