Elmsford City Zoning Code

Preexisting uses deemed to be conforming. Any lawful use existing at the time of the effective date of this chapter or any amendment thereof, which if newly created under this chapter would require a special permit or special exception in the district in which it is situated, may be continued and shall be deemed to be a conforming use, but any modification, change or extension thereof shall be subject to the granting of a special permit or special exception as provided in this chapter.

Nonconformity may not be increased. Any such building or structure or the use of any land, building or structure which is nonconforming with respect to any of the provisions of this chapter shall be neither extended, enlarged nor altered in any manner so as to increase any such nonconformity, whether such extension, enlargement or alteration be by the alteration of an existing building or structure or by the erection or construction of an additional building or structure, or in any other manner. The provisions of this Subsection C(2) shall not apply to any alteration which may be required by order of the Building Inspector to strengthen or restore a building or structure or any part thereof to a safe condition.

If made to conform, may not revert to nonconformity. Any such nonconforming building, structure or use, if changed to a building, structure or use which conforms to the provisions of this chapter, shall not be changed back to a nonconforming building, structure or use.

Effect of discontinuance. Any such nonconforming use which has been physically discontinued or has ceased for six months or longer shall be deemed to be abandoned, and such nonconforming use shall not be resumed.

Effect of damage. Any nonconforming building or structure, if destroyed or damaged from any cause, shall not be rebuilt or restored in nonconforming form, except that such building or structure, if accidentally destroyed or damaged due to fire, explosion or other cause, to the extent of not more than 50% of the volume of such building or structure above the foundations, as determined and certified by the Building Inspector, may be rebuilt or restored in substantially the same location, provided:

Occupancy prohibited without a certificate. The occupancy or use of any building or structure presently in existence and not conforming with the provisions of this chapter for the district in which it is situated shall not be continued as a nonconforming use until a certificate of occupancy has been issued by the Building Inspector.

Applications. An application for a certificate of occupancy shall be made on a form prescribed by the Village Board, which shall provide spaces for all information essential to the administration and enforcement of this chapter.

No lot shall hereafter contain any building used for residence purposes unless such lot abuts for at least 50 feet on at least one street having a width of not less than 30 feet, or unless it has an unobstructed easement of access or a right-of-way at least 15 feet wide to a street having a width of not less than 30 feet.

No residence shall be erected on a lot or plot within a Residence R-O District unless said lot or plot on which the residence is to be erected shall have an area of at least 1/2 acre.

No lot within any residence district shall contain a residence for one family unless it shall have an area of at least 5,000 square feet and shall have a frontage of not less than 50 feet on at least one street 30 feet or more in width.

No lot shall contain a residence for two or more families unless it shall have an area of at least 10,000 square feet and shall have a frontage of not less than 100 feet on at least one street 30 feet or more in width, except that these restrictions may be modified by the Board of Appeals in individual cases, after public hearing, with respect to small or exceptionally irregular lots existing at the time of enactment of this chapter.

All residences erected for two or more families shall provide on the same lot or plot two parking units for each family in the residence.

The parking units must be located in a side or rear yard or behind the twenty-foot setback.

Ground story bay windows, oriels or balconies having a combined total width not exceeding 1/2 the length of the wall to which they are attached may project not more than three feet into any required front or rear yard or into any required side yard which is over five feet wide. An open porch or porte cochere not over one story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to 1/2 the width of the side yard required as a minimum for that lot.

An open porch, stairway or entranceway or a bay window not higher than the first story of a building may project not to exceed eight feet into a front yard required as a minimum on that lot, provided that the combined width of such projections shall be no greater than 2/3 of the width of the front of the building.

No porch, oriel, bay window, balcony, porte cochere or stairway constructed under the provisions of this subsection shall have a width or other dimension greater than 2/3 of the width of the main walls to which they are attached.

No accessory building permitted by this chapter shall be placed in any required side or front yard except as specified hereinafter in this section. The aggregate ground area covered by accessory buildings in any required rear yard, including the ground area covered by any projections other than cornices and eaves, hereinbefore permitted, shall not exceed 30% of the required rear yard area in any residence R-O or R-1 District nor 40% in any Residence R-2 District. In any business or industrial district where a ground level rear yard is required or provided, the aggregate area covered by accessory buildings and the last above-mentioned projections shall not exceed 50% of the required rear yard area behind a building used in any part for residence purposes.

In the case of exceptionally wide lots where side yards are provided of greater widths than required by this chapter, accessory buildings may be erected in such side yards, provided that the side yard required as a minimum by this chapter for the particular district involved be left open and that no part of any such accessory building shall be within four feet of the main building.

No accessory building in any residence district shall be more than two stories high, and none which is erected within six feet of any party lot line shall be more than one story high; nor shall any accessory building within any business or industrial district which is within 10 feet of any party lot line within a residence district be more than two stories high; and no accessory building which is not of fireproof or composite construction, as defined by the Building Code, shall be within three feet of any party lot line in any residence district; except that this shall not prevent the erection in any district of a permitted common private garage one story high and housing not more than six motor vehicles, across their party lot line by two adjoining property owners.

No accessory building erected in a rear yard on any lot in any district shall be used for residence purposes except by domestic employees of the tenant or owner of the premises.

No accessory building erected in a rear yard within any residence district shall be within less than three feet of a main building unless it be constructed as an integral part thereof.

Nothing in this chapter shall justify or cause the violation of any existing ordinance, regulation, agreement or contract which prescribes within any district a building line along any street, the adherence to which building line would create a front yard or equivalent open space of a depth greater than is specified in this section for that district.

If on any street a new street line has been established by ordinance in anticipation of future street widening, such new street line shall be taken as the lot line in determining yard depths; but when an official map of the Village shall have been adopted and filed, as provided by statute, the street lines shown on the latest revised copy thereof shall be employed in such determination.

Affected zoning districts. The floor area ratio limitations set forth in this subsection apply to one- and two-family dwellings in the following zoning districts: R-0, R-1, R-2, R-3.

Floor area ratio limitations are as follows: