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Elmsford City Zoning Code

§ 335-4

General provisions.

A. 
Future uses, construction and changes. No yard or court may be used and no building or part thereof may be constructed, moved, extended, altered or used except in conformity with the provisions of this chapter.
B. 
Nonconforming uses and conditions. If, at the time of enactment of this chapter, any yard, court, or building is being used, or if any building is being constructed, moved, extended or altered and such work is completed within six months after enactment of this chapter, in a manner or for a purpose which does not conform to the provisions of this chapter and which is not prohibited by any other existing ordinance, such use, manner or purpose may be continued, even under a change of title or possession. No nonconforming use, if once changed to a conforming use, shall ever again be changed back to a nonconforming use.
C. 
Extending nonconforming uses. Any such nonconforming use may be hereafter extended throughout any part of a building which was manifestly arranged or designed for such use at the time of enactment of this chapter; provided, however, that a certificate of occupancy be first obtained for such extension of use.
(1) 
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.
[Added 12-19-1966]
(2) 
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.
[Added 12-19-1966]
(3) 
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.
[Added 12-19-1966]
(4) 
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.
[Added 12-19-1966]
(5) 
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:
[Added 12-19-1966]
(a) 
That it is not enlarged or extended;
(b) 
That it complies with height, yard area and other requirements of this chapter applicable to the district in which such lot is situated; and
(c) 
That the Board of Appeals grants a variance permitting the restoration and continuance thereof without enlargement or extension of any previously existing nonconforming use.
(6) 
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.
[Added 12-19-1966]
(7) 
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.
[Added 12-19-1966]
D. 
Replacing damaged buildings. On any foundation existing at the time of the adoption, of this chapter, if the building thereon is destroyed by fire, flood, explosion, earthquake, war, riot or act of God, a building of the same area and height and for the same use may be reerected, provided that it be completed within 18 months from date of such calamity.
E. 
Restoring unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition of any part of any building declared unsafe or unlawful by the Building Inspector, hereinafter called the Inspector, or other duly authorized state or Village official.
F. 
Lots prohibited for residence purposes.
[Amended 10-3-1960; 1-17-1972]
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
[Amended 9-17-1973]
(5) 
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.
(6) 
The parking units must be located in a side or rear yard or behind the twenty-foot setback.
G. 
Projections and encroachments into required open spaces. Except as hereinafter specified in this section, yards and courts required under this chapter shall be entirely free of buildings or parts thereof.
H. 
Cornices and eaves. Cornices and eaves may project not to exceed 18 inches into any required yard or court.
I. 
Ornamental features, etc. Sills, leaders, belt courses and similar ornamental or structural features may project not to exceed six inches into any required yard or court. An open fire balcony or fire escape, or a fire tower, may project into a required yard not more than four feet.
J. 
Bay windows, balconies, porches, etc.
(1) 
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.
(2) 
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.
(3) 
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.
K. 
Chimneys, shafts, etc. A chimney, smokestack, flue or elevator shaft may project into any required yard or court, provided that the horizontal section of the projection does not exceed four square feet in any residence district, or nine square feet in any business district, or 25 square feet in any industrial district.
L. 
Walls, fences, etc. The requirements of this chapter respecting yards and courts and projections shall not apply to any necessary retaining wall nor to any fence or wall which is less than six feet high, except that within no residence or business district shall any solid wall or solid fence over four feet high be constructed nor any solid hedge or planting over four feet high be maintained in a side yard or a front yard within 50 feet of a street intersection. The finished or more attractive side of any fence or wall must face the adjacent property, street and right of way. A Building Department official shall determine which side of the fence or wall meets this requirement in the case of a dispute.
[Amended 10-21-2013 by L.L. No. 3-2013]
M. 
Building extensions. A ground story extension of a building more than 25 feet high may project into a required rear yard not more than nine feet, provided that it does not extend within 15 feet of a rear lot line and that the width of such projecting portion shall not be greater than twice the amount of the projection.
N. 
Location and coverage of accessory buildings.
(1) 
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.
(2) 
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.
O. 
Limitations on accessory buildings.
(1) 
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.
(2) 
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.
(3) 
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.
P. 
Corner lot modifications. Any accessory building on a corner lot within any residence district shall be distant not less than 10 feet from the side street line, and any such building which is within 25 feet of such side street line shall be no nearer the rear lot line than six feet if the lot is 100 feet or less in depth, or than 10 feet if the lot is more than 100 feet in depth.
Q. 
Reducing lot areas. No space which for the purpose of one building has been counted or calculated as part of a side yard, rear yard, front yard, court or other open space required by this chapter may, by reason of change in ownership or otherwise, be counted or calculated to satisfy or comply with a yard, court or open space requirement of or for any other building.
R. 
The observance of established lines.
(1) 
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.
(2) 
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.
S. 
Floor area ratio standards for dwellings in residential districts. In order to ensure the orderly and harmonious development of the Village, to preserve neighborhood character by requiring houses to appear to be of the same or similar scale to other dwellings in the neighborhood; to minimize negative visual impacts and diminution of open space; and to not unduly tax local services, the Village hereby establishes maximum floor area ratio (FAR) standards for dwellings in residential districts.
[Added 3-3-2008 by L.L. No. 1-2008; amended 8-8-2011 by L.L. No. 4-2011]
(1) 
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.
(2) 
Floor area ratio limitations are as follows:
Minimum Lot Size
Maximum FAR
(square feet)
Less than 3,500
0.450
3,500 to less than 5,000
0.430
5,000 to less than 6,000
0.414
6,000 to less than 7,000
0.398
7,000 to less than 8,000
0.382
8,000 to less than 9,000
0.366
9,000 to less than 10,000
0.350
10,000 or greater
0.338