Elmsford City Zoning Code
§ 335-5
Residence R-O and Residence R-1 District uses.
[Amended 2-6-1950; 7-1-1963; 7-7-1969]
Within any Residence R-O and R-1 Districts, no building or premises shall be used for other than one or more of the following specified purposes or uses:
B.
Accessory uses.
(1)
Garden house, toolhouse, playhouse, greenhouse and a private garage for one passenger automobile for each 5,000 square feet of the lot area. No more than two garage spaces will be permitted on any lot, and no private garage or other accessory building shall be used for residential purposes.
(2)
The keeping of not more than two boarders by a resident family, provided that, in addition to the occupancy provisions of § 109-1A(2)(b) of this Code, the following criteria are met:
[Amended 3-3-2008 by L.L. No. 1-2008]
(a)
Boarders shall only be permitted in owner-occupied detached single-family dwellings.
(b)
Not more than two boarders shall be permitted per single-family dwelling.
(c)
The single-family dwelling shall meet the occupancy limitations listed in § 109-1A(2)(b)[1] through [5] of the Building Construction and Fire Prevention Code of the Village of Elmsford.
(d)
The quarters provided for boarders shall not have separate cooking facilities, including but not limited to stoves, microwaves, ovens and refrigerators.
(e)
The rented quarters provided for boarders shall not be advertised on the premises.
(f)
An off-street parking space shall be provided for each boarder in addition to the parking spaces otherwise required pursuant to this chapter.
(3)
A professional office or studio of a lawyer, architect, real-estate broker, doctor, dentist, artist, engineer, musician or teacher, or member of a similar established profession (but not including an office or establishment of a veterinarian, mortician, undertaker or embalmer) residing on the premises, and including a small professional plate or sign not exceeding one square foot in area as the only display of advertising, provided that:
(a)
Not more than 10% of the area of the ground floor of such residence shall be so used.
(b)
Not more than one assistant shall be employed in any such professional office or studio.
(c)
If instruction in vocal or instrumental music or dancing is given, such studio shall be equipped and used so that sounds therefrom shall not be heard in nearby premises.
(d)
Two parking units shall be provided in the rear yard of the premises.
C.
Special uses. The following special uses will be permitted in a Residence R-O and a Residence R-1 District at the discretion of the Board of Appeals. After due notice and public hearing, and subject to appropriate conditions and safeguards to be fixed by the Board in each case, a special use listed below may be permitted in such districts, provided that the Board shall determine in its judgment that: it is reasonably necessary for the public health or general interest and welfare; it is appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities; the off-street parking facilities are provided and are adequate to handle expected public attendance, so as not to create a neighborhood nuisance; neighborhood character and surrounding property values are reasonably safeguarded; use therefor will not cause undue traffic congestion or create a traffic hazard:
(1)
Nonprofit recreational facilities incident to churches and other places of worship.
(2)
Parochial and private secondary and elementary schools, day-nursery schools, universities, colleges, seminaries and convents, with their dormitories and customary indoor and outdoor recreational facilities such as playfields and stadia, on a parcel of not less than 12 acres.
(3)
Libraries, museums and art galleries not operated for profit.
(4)
Golf clubs and country clubs on an area of not less than 150 acres.
(5)
On a parcel not less than 20 acres, social clubs or lodges, or other recreational facilities not operated for gain, and recreational buildings in connection therewith, provided that:
D.
No commercial vehicle as defined in § 335-3B of this Code shall be parked outdoors in the residential zones anywhere overnight, except that one vehicle no larger than 10,000 pounds and bearing a livery, taxi or TLC license plate but no other exterior markings may be parked off-street on private property outdoors overnight.
[Added 1-17-1972; amended 9-20-2021 by L.L. No. 4-2021]