Harrison City Zoning Code
ARTICLE III
Residence Districts
§ 235-8 General use guidelines.
Within any residence district, a building, structure or lot shall only be used for one of the uses indicated in § 235-9A, Table of Use Regulations, for the specific district in which it is located on the Zoning Map and in accordance with the particular classification of that use in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of § 235-9B, Table of Dimensional Regulations. In addition, such use shall also comply with all other applicable provisions of this chapter.
§ 235-9 Table of Use Regulations and Table of Dimensional Regulations.
A.
Table of Use Regulations. The Table of Use Regulations for residence districts is included at the end of this chapter.
B.
Table of Dimensional Regulations. The Table of Dimensional Regulations for residence districts is included at the end of this chapter.
§ 235-10 Lots in previously approved conservation developments.
[Added 11-7-1990[1]; amended 5-5-1999 by L.L. No. 6-1999]
Lots created as part of a previously approved conservation development under former § 235-10, entitled "Conservation development" (enacted 5-20-1981 and now repealed) shall not be deemed nonconforming lots under this chapter. Rather, such lots shall be deemed conforming lots under this chapter. Any future development on such lots shall conform to the dimensional standards set forth in this chapter for the R-1 District except that the yard setbacks and minimum lot area for such lots shall be as shown on the approved conservation development plat for the subdivision in which such lots are located, which plat is filed with the Westchester County Clerk's office and the Town Clerk's office. Notwithstanding anything to the contrary, a minimum buffer setback of 100 feet from the perimeter boundary shall be required for all buildings, structures, swimming pools and parking areas within any lots created as part of a previously approved conservation development under former § 235-10. Where such boundary is located along Purchase Street or Anderson Hill Road, a minimum of 1/2 of the required setback area shall be maintained in its natural state or landscaped in accordance with the plan approved by the Planning Board.
[1]
Editor's Note: This ordinance also repealed former § 235-10, Conservation development, added 5-20-1981, as amended.
§ 235-10.1 Purpose and scope.
[Added 6-3-1998 by L.L. No. 6-1998]
Pursuant to Town Law § 278, Subdivision 2, the Town of Harrison Planning Board shall have the authority, subject to the approval of the final plat by the Town Board, to permit or require residential cluster development in residential zoning districts R-1, R-2 or R-2.5 and establish rules and regulations setting forth the conditions under which clustering may occur. The Planning Board shall request permission from the Town Board to consider clustering as soon in the process as the Planning Board determines that clustering would be beneficial to the town.
A.
The Town Board shall promptly indicate to the Planning Board whether or not the Town Board will consider approval of a final plat that provides for clustering and any conditions the Town Board is then considering imposing.
B.
The purpose of cluster development shall be to enable and encourage flexibility of design and development of land in such a manner that will result in:
(1)
The preservation of open lands that are physically, aesthetically, scenically, historically and environmentally unique by virtue of their geology, topography, vegetative cover or previous use.
(2)
A pattern of development that preserves trees, outstanding natural topography and geologic features and prevents soil erosion.
(3)
The preservation or creation of open space, recreation areas and environmentally sensitive land areas.
(4)
An environment that is in harmony with surrounding development.
(5)
A choice in the types of environment and living units available to the public, so that development will be a permanent asset to the town.
(6)
An efficient use of land resulting in smaller networks of utilities and streets. A more desirable environment than would be possible through the strict application of other sections of law.
§ 235-10.2 Conditions of development.
[Added 6-3-1998 by L.L. No. 6-1998]
A.
A minimum five-acre parcel size is required before clustering will be permitted.
B.
The density of proposed development shall be appropriate for and beneficial to the Town of Harrison in terms of density, aesthetics, economics and/or other criteria deemed necessary and determined relevant by the Planning Board.
C.
The density of proposed development shall not exceed the density permitted under the zoning classification where the development is to be located but in no event shall any lot be less than 1/2 acre in size. In determining the allowable density for a given site, the applicant shall submit to the Planning Board a site plan illustrating the density of the property if developed as a conventional subdivision conforming to all requirements of law. This density shall serve as the maximum number of dwelling units that may be clustered.
D.
The proposed use is permitted under the existing zoning classification where such development is to be located.
E.
All open space, recreation or common areas shall be managed and maintained in accordance with a form of legal ownership to be approved by the Planning Board.
F.
In a cluster development, single-family detached units with reduced lot sizes will be permitted.
G.
Lot size, width, front yard depth and side yard requirements, as otherwise established in other provisions herein, may be varied by the Planning Board as part of the cluster subdivision approval process.