Elmsford City Zoning Code
§ 335-9
Business District uses.
[Amended 6-25-1956; 7-1-1963; 7-12-1965; 7-1-1968; 7-5-1988 by L.L. No. 1-1988]
Within any 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.
Any use permitted in §§ 335-5 and 335-6, without the qualifications or limitations therein contained respecting public or gainful use except that no building or premises shall be used principally for residential purposes, except in accordance with § 335-9D hereof, or that an existing building may be permitted to have accessory apartments subject to compliance with all New York State building and fire regulations and the issuance of a special use permit by the Village Board of Trustees subject to the following criteria:
[Amended 8-3-2020 by L.L. No. 4-2020]
(1)
Accessory residential uses shall only be located above existing commercial space.
(2)
Properties eligible for accessory residential use shall be located on Main Street.
(3)
Applicants must provide documentation that the properties eligible for accessory residential uses have been vacant for one year and buildings eligible for consideration shall have been built prior to 1960.
(4)
Density: The number of dwelling units may not exceed one per 1,500 square feet of lot area, a minimum of 50% of the accessory residential units shall be one-bedroom/studio units with no more than four accessory residential units per building:
Floor Area | ||
|---|---|---|
Unit Type | Minimum (square feet) | Maximum (square feet) |
Studio | 400 | 600 |
1 bedroom | 600 | 850 |
2 bedrooms | 800 | 1,150 |
(5)
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 and require the applicant to provide a fee in lieu of on-site parking in an amount to be determined by the Village Board.
B.
Hotel (transient), motel (transient).
[Amended 6-1-1992 by L.L. No. 16-1992; 6-1-2009 by L.L. No. 3-2009; 12-5-2016 by L.L. No. 8-2016]
C.
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; salesroom or showroom; market.
D.
Multifamily dwellings, subject to site plan approval by the Board of Trustees, after review and report by the Planning Commission, and the following regulations and controls, which are adopted and enacted for the purpose of encouraging the construction of housing, which can help to meet the housing needs of the Village of Elmsford and the region in which it is located, and for the purpose of providing proper light, air, access and safety for the persons or families residing therein:
(1)
The minimum area of a lot or plot upon which a multifamily dwelling may be located shall be not less than 40,000 square feet; except that where a lot or plot is bordered by two or more streets, the minimum area shall be 15,000 square feet.
(2)
The land coverage of multifamily dwelling buildings shall not exceed 40% of the area of the lot or plot upon which they are located.
(3)
On each and every lot or plot devoted to the erection of a multifamily dwelling, 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.
(4)
There shall be provided not fewer than two parking units per dwelling unit, with at least 10% of said parking reserved for the use of visitors and service personnel, except that the Board of Trustees may require additional parking units where determined appropriate by it.
(5)
All front, side and rear yard requirements shall be as required for other types of buildings in the Business District, except that, where windows are provided facing a side or rear yard, yard setback shall be at least 10 feet in width. No front yard setback shall be required.
E.
Personal service establishments, such as tailor shop, barbershop or beauty parlor; confectionery shop; butcher shop; hand laundry; hand bakery; the shop of a plumber, carpenter, electrician, mechanic welder or similar tradesman; establishment for cleaning or dyeing clothing; all provided that, in the permitted stores or shops, only electric motive power be used for operating any machinery used incidentally to a permitted use and that in no individual shop or store shall more than five horsepower or five skilled workers or operatives be employed in connection with fabricating, processing or converting operations.
F.
Newspaper- or job-printing plants using not more than 50 horsepower in electric motive power for each 5,000 square feet of floor area occupied by the printing establishment.
G.
Sewing, altering, laundering, cleaning, dyeing, processing or fabricating operations which are carried on in connection with a store on the same premises but which are subordinate and incidental to the merchandising carried on in such store; and provided that, in the conduct of such operations, not more than 10 operatives be thereon engaged nor more than five horsepower in electric motive power to be used in any individual establishment.
H.
Terminal or storage building for streetcars or buses, provided that no provision be made therein for other than emergency repair work.
I.
Electric transformer or switching station.
J.
Bottling shop; veterinary hospital; ice or cold storage plant; steam laundry; power bakery; oil, gasoline or fuel storage; storage building; open storage yard for the sale or the storage or display of goods, wares and merchandise and any and all kinds of machinery, equipment and materials; provided that application for any such use, except if such use is accessory to a dealership of new motor vehicles, shall be made to the Board of Appeals and permission therefor, subject to appropriate regulations and safeguards, be granted.
[Amended 8-2-2016 by L.L. No. 6-2016]
K.
Ground signs or billboards which are erected within not less than 10 feet of a front lot line or six feet of any other lot line.
L.
Public restaurant, but not a drive-in restaurant.
[Added 11-7-1988 by L.L. No. 3-1988; amended 3-29-1999 by L.L. No. 1-1999; 12-5-2016 by L.L. No. 8-2016]
M.
Major vehicle repair, provided such use:
[Amended 8-2-2016 by L.L. No. 6-2016]
N.
Minor vehicle repair shop.
[Amended 8-2-2016 by L.L. No. 6-2016]
O.
Filling stations on New York State roads within 500 feet of access to or from an interstate highway. Such filling stations shall not be subject to any limitations under § 189-22 of this Code.
[Added 8-2-2016 by L.L. No. 6-2016]