Elmsford City Zoning Code
§ 335-6
Residence R-2 District uses.
[Amended 7-1-1963]
Within any Residence R-2 District, no building or premises shall be used for other than one or more of the following specified purposes:
B.
Dwellings for not more than two families. Conversion of a single-family home to a two-family dwelling, the conversion of illegally converted multifamily dwellings or the construction of a two-family home in an R-2 District after the effective date of this legislation shall be subject to the issuance of a special permit by the Village Board of Trustees. The special permit shall comply with the applicable standards and procedures set forth in § 335-23. In addition, specific conditions of such permit are as follows:
[Amended 3-29-1999 by L.L. No. 1-1999; 5-16-2005 by L.L. No. 2-2005]
(1)
Minimum lot size: 10,000 square feet (5,000 square feet per dwelling unit).
(2)
Minimum lot width: not less than 100 feet on at least one street 30 feet or more in width.
(4)
Occupancy. The owner shall occupy at least one of the dwelling units on the premises as a principal residence for the duration of the permit or give the Building Inspector the name, address and telephone number of a person residing or having an office in the local area to contact the owner for maintenance and repair of the premises.
(5)
Parking. Two off-street spaces shall be provided for the principal dwelling unit; an additional two off-street spaces shall be provided for the second dwelling unit. No parking shall be permitted in a front yard, except for parking in an existing driveway or garage beyond the twenty-foot setback.
[Amended 3-3-2008 by L.L. No. 1-2008]
(6)
Minimum floor area. At least 300 square feet shall be provided for the second dwelling unit but not more than 50% of the total floor area of the principal Village building.
(7)
The permit shall expire five years after the date of issuance or upon the sale of the property, if sooner. The new owner, or contract vendee for the particular property, shall be required to obtain a new permit. The transfer of the property to an estate of the holder of a permit or to an inter vivos trust under which the holder of a permit is the income beneficiary shall not be treated as a change of ownership.
(8)
The Board of Trustees may modify any of the conditions for the issuance of a permit and may impose such additional conditions or safeguards as it may deem appropriate, necessary or desirable to preserve and protect the spirit and objectives of this chapter.
(9)
Prior to granting a permit, the Board of Trustees shall hold a public hearing, with notice provided in accordance with the provisions of the New York State Village Law.
(10)
The Board of Trustees may revoke a permit, after a public hearing, in the event that the holder of a permit violates any of the requirements or conditions of the permit.
C.
Customary home occupations, such as dressmaking, millinery, manicuring and home cooking, provided that such occupation shall be conducted solely by resident occupants of the main building, that not more than the equivalent of 1/2 the area of one floor shall be used for such purpose and that no display of advertising or of products made shall be visible from the street.
D.
Residence by not more than two boarders, provided that the following criteria are met:
[Amended 5-17-1971; 3-3-2008 by L.L. No. 1-2008]
(1)
Boarders shall only be permitted in owner-occupied detached single-family dwellings.
(2)
Not more than two boarders shall be permitted per single-family dwelling.
(3)
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.
(4)
The quarters provided for boarders shall not have separate cooking facilities, including but not limited to stoves, microwaves, ovens and refrigerators.
(5)
The rented quarters provided for boarders shall not be advertised on the premises.
(6)
An off-street parking space shall be provided for each boarder in addition to the parking spaces otherwise required pursuant to this chapter.
E.
Building or premises used for club, fraternal, recreational, athletic or social purposes and maintained by a membership organization in which lodging and the temporary use of rooms or meals are supplied to the public incidentally to serving its members, provided that no merchandising shall be carried on therein except for the accommodation of the members.
F.
Sign not over six square feet in area fixed to the main wall of the building, which merely indicates the name or purpose of said building.
G.
The parking of any commercial vehicle as defined in § 335-3B of this Code overnight between the hours of 9:00 p.m. and 6:00 a.m. shall constitute a violation of this chapter, except that it shall not be a violation for the owner of said property to park one vehicle registered to said owner bearing a livery, taxi or TLC license plate but no other exterior markings off-street on private property outdoors during said hours.
[Added 1-17-1972; amended 9-20-2021 by L.L. No. 4-2021]