Larchmont City Zoning Code
ARTICLE V
Supplementary Use and Dimensional Regulations
§ 381-30 Application of supplementary use and dimensional regulations.
The use and dimensional regulations contained in this article are supplemental and additional to the use and dimensional regulations provided for in Article IV of this chapter. Whenever the standards or regulations provided for in this Article V conflict with other requirements of the chapter, the standards of this article shall apply. The approving agency may, when reasonable, waive compliance or modify the supplemental requirements as provided in this Article V in connection with an approval, an approval with modification or disapproval of a development application, except that any waiver or modification of a dimensional requirement as provided in this Article V shall be subject to the grant of an area variance by the Zoning Board of Appeals as provided for in § 381-77 of this chapter. The waiver or modification of nondimensional supplemental requirements of this article by the approving agency shall be granted only upon a showing by the applicant that: 1) compliance with such requirements would result in an unnecessary hardship, or that the benefits to the neighborhood or Village of Larchmont from granting such a waiver outweigh the detriments thereof; and 2) when such requirements are found not to be requisite in the interest of the public health, safety and general welfare, or are found to be inappropriate to the particular use for which approval is being sought.
§ 381-32 Interpretation of required yards.
A.
No lot shall be so reduced in area as to make any yard or court smaller than the minimum required under this chapter or to make any lot area or dimension smaller than required under this chapter.
B.
No part of a yard, court or other open space provided around any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure.
C.
Whenever a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the provisions of this chapter with respect to the existing building, and no permit shall be granted for the erection of a building or structure upon the new lot thus created unless it complies with the provisions for this chapter.
D.
Yard depth shall be measured by drawing a straight line between the lot line and the exterior wall of the structure, such that the line is perpendicular to the lot line in the case of a curved lot line, is perpendicular to the tangent of the lot line at all points along the lot line. The depth shall be measured at the narrowest point between the lot line and the exterior wall, not including projections exempt pursuant to § 381-33B.
E.
For one-family residential corner lots or where the residence has street frontage on three sides and is thus a corner lot and a through lot, the front yard shall be determined in accordance with the definition within § 381-7 of this chapter. Any yard abutting another street and front yard shall be considered a side-front yard. The yard opposite the front yard shall be considered the rear yard. The yard opposite a single side-front yard shall be considered a side yard.
§ 381-33 Yards.
A.
In any one-family residence district, the depth of a required front yard or side-front yard for a one-family dwelling shall be not more than the average depth of the front yards of the nearest four lots occupied by dwellings on the same side of the street in the same block or adjacent block(s) (if there are fewer than four others in the same block) or the figure stated in the Schedule of Dimensional Regulations (included at the end of this chapter), whichever is less.
B.
Every yard and court shall be open and unobstructed from its lowest level to the sky except that, for a principal structure, the following may project into a yard or court for a distance not to exceed those specified below. However, in no case shall a projection be permitted to extend into a required yard by a distance of more than 30% of the minimum required yard dimension.
(1)
Sills, belt courses, and ornamental features: four inches, provided that all such projections except sills shall be at least 15 feet above finished grade.
(2)
Cornices and eaves: 30 inches, provided that all such projections shall be at least 15 feet above finished grade.
(3)
Chimneys: 18 inches.
(4)
Awnings or canopies: 36 inches, except that neither awnings nor canopies shall be permitted in required side yards.
(5)
Open stairs: five feet, except that open stairs shall not be permitted in required side yards.
(6)
A wall or fence may be erected or permitted within any yard or court in any residence district, provided that no traffic hazard will be created and subject to the following conditions:
(a)
No fence shall be higher than five feet, except that fences in the front yard and side-front yard shall not exceed 3 1/2 feet in height, with the height of any fence determined from the average of two points three feet either side of the base of the fence, with a berm or any other structure upon which the fence is placed being included in the height of the fence.
(b)
No wire or cyclone-type fence shall be in the front yard or side-front yard unless it is completely screened by evergreen bushes or trees on the outside.
(c)
No wooden or stockade-type fence shall be erected unless the more finished side (i.e., the facing opposite that on which supports are provided) faces away from the property of the party erecting the fence.
C.
Size of courts. The width of an enclosed or open court shall equal the height of the highest of the two side walls of such court and shall be not less than 15 feet for open courts and 25 feet for enclosed courts, and the depth of open courts shall not be more than half the width, and of an enclosed court not less than the width.
E.
Corner lots in commercial districts adjoining residence districts.
(1)
In any commercial district, the following prohibitions and requirements shall apply to all corner lots abutting upon a side street the remainder of which within the same block is zoned for residence purposes:
(a)
Prohibitions:
[1]
No mortuary or funeral home and no public garage, bowling alley, club, dance hall or other place of assembly or recreation which may emit noise or from which persons may emerge late at night shall be erected on a corner lot abutting such residential street.
[2]
No business not strictly of a retail character shall be permitted upon such corner lot.
[3]
No display window or opening, except a fire exit, shall be permitted in the side wall of such building facing on such residential street.
(b)
Requirements. Along the side of such corner lot abutting a residential street, there shall be a side yard, the width of which shall be not less than 50% of the depth of the required front yard of the adjacent residence district.
F.
Land between street and building in residence districts. For all residence districts, no portion of a lot having less than half the minimum required lot width may be counted in determining minimum required lot area.
§ 381-34 Building height and shape.
[Amended 8-8-2005 by L.L. No. 3-2005; 9-27-2006 by L.L. No. 1-2006; 4-21-2025 by L.L. No. 4-2025]
A.
All buildings shall be required to comply with the maximum height standards in the Schedule of Dimensional Regulations, except as provided in Subsection E of this section. The height of a building shall be measured pursuant to § 381-7.
(1)
In addition, for one-family residences, at no point around the perimeter of the building shall the height be permitted to exceed 30 feet. For the purposes of this subsection, the height shall be measured from either the preexisting or proposed grade, whichever is lower, to the highest point of the roof in the case of a flat, curved, or shed roof, or to the deck level in the case of a mansard roof, or to the average distance between the eaves and the ridge in the case of a gable, hip, or gambrel roof.
B.
For both one-family residences and accessory structures, no dormer, measured at its highest point, shall exceed the height of the ridge of the roof to which it is attached. For dormers above the second full story of a one-family residence, the exterior width of any individual dormer facing the front, side, or side-front yards shall not exceed 30% of the width of the roof to which it is attached. The width of the roof shall be measured from end to end at the eaves.
C.
Height-setback ratio.
(1)
In the W, R-30, R-20, R-15, R-12.5, and R-10 Zones, the maximum height of a one-family residence in the side and rear yards, measured at the minimum required yard setback, shall not exceed 20 feet above the unfinished average grade along the facade. Thereafter, the height of such building may be increased by two feet for each additional one-foot distance provided from the minimum required yard setback line.
(2)
In the R-7.5 and R-5 Zones, the maximum height of a one-family residence in the side and rear yards, measured at the minimum required yard setback, shall not exceed 20 feet above the unfinished average grade along the facade. Thereafter, the height of such building may be increased by three feet for each additional one-foot distance provided from the minimum required yard setback line.
(3)
However, in no event shall the height of the building exceed the maximum height standard pursuant to the Schedule of Dimensional Regulations.
D.
Restriction on undifferentiated walls and rooflines for one-family residence. In the case of one-family residential dwellings, the facades facing the front yard, the side yard and the side-front yard shall not create a wall which extends along a single uninterrupted plane for a distance of more than 40 linear feet. However, this limitation on an uninterrupted plane may be modified if deemed appropriate by the Architectural Review Board. Such planes shall be broken up by building offsets, by differentiated building heights and rooflines, and by the following features, which shall be provided throughout its entire length: windows and door openings, and/or other architectural features such as projecting windows. In meeting the intent and purpose of this section, roof eaves may extend into required front, side and rear yard setbacks by a distance of up to 2 1/2 feet.
E.
The limitations as to height set forth in the Schedule of Dimensional Regulations (included at the end of this chapter) shall not apply to:
(1)
Parapet walls not less than three feet high; church spires; belfries, cupolas and domes of churches not for human occupancy; chimneys; and flagpoles.
(2)
Bulkheads, elevator head houses, water tanks, water towers, hose towers, cooling towers or other structures required for permitted industries and the principal walls of churches, schools and other permitted public and semipublic buildings, provided that the aggregate area of such structures above the roof shall not exceed 10% of the area of the principal building, and provided that, for each foot by which such building or superstructure exceeds the permitted height limits, the required front, side and rear yards shall each be increased by one foot.
F.
Notwithstanding any other provisions of this Zoning Chapter to the contrary, with respect to lots currently improved with one family dwellings, the Planning Board, as part of a site plan review process, shall have the authority, if it so chooses, to waive height and other applicable requirements of this Zoning Chapter for structures on the lots, in light of the location of the structures relative to the 100 year flood zone. The Planning Board is so authorized in order to facilitate one family houses, additions thereto, and accessory structures being replaced, constructed or modified (including raising the elevation of existing structures) so that the elevation of the first floor of the building can be constructed at an elevation(s) to avoid likely flooding while still allowing the building to have the number of stories and ceiling heights which would otherwise be permitted if the elevation were not raised.
(1)
In determining whether, and to what extent, such waiver(s) will be granted, the Planning Board shall consider, among other factors it may deem relevant:
(a)
The impact(s) on immediate neighbors and the neighborhood if the height of a structure is allowed to be increased above the normally applicable limits; and
(b)
Whether the applicant can reasonably achieve the benefits the waivers would provide by other design alternatives; and
(c)
Whether the Board shall impose conditions (e.g. additional setbacks or landscaping) to offset impacts of the waiver(s) on neighboring properties and the neighborhood.
(2)
The plans for any structure for which a waiver is sought shall comply with Village Code Chapter 337, Flood Damage Prevention, and National Flood Insurance Program regulations.
(3)
A flood elevation certificate shall be provided to the Building Department upon completion of the project for which the waiver is granted.
§ 381-35 Flag lots and street frontage.
A.
Flag lots shall be prohibited in all zones.
B.
Minimum street frontage. No residential lot shall have a street frontage measuring less than 50 feet, except that lots which front entirely on the outer curve of a curved street shall have a minimum street frontage of 40 feet, and, further, that lots which front entirely on a cul-de-sac shall have a minimum street frontage of 35 feet. In addition, no lot shall have a street frontage measuring less than 70% of the minimum required lot width. Where another section of this chapter requires a wider street frontage than required herein, that section shall determine the minimum requirement.
§ 381-36 Space between principal and accessory buildings.
Accessory buildings, including, without limitation, garages if detached from a principal building, shall not be less than four feet from the principal building. The measurement shall be made by measuring the minimum clear distance measured between the exterior walls of the two buildings; provided, however, that roof overhangs may project into the required separation as long as they are no closer to each other at any point than two feet apart. (See § 381-40D.)
§ 381-37 Maximum gross residential floor area ratio (FAR) and increased setbacks for single-family dwellings in One-Family Residence Districts and Waterfront Coastal Zone District.
[Added 11-21-2016 by L.L. No. 11-2016]
A.
Purpose and applicability. The purpose of this section is to preserve and protect neighborhood character, open space, and visual aesthetics by controlling the actual and/or perceived scale of one-family dwellings and accessory buildings in the one-family residence and waterfront coastal zone districts by establishing maximum gross residential floor area ratios (FAR) and, in certain cases, requiring increased side yard setbacks. The regulations are intended to guard against dwellings that are disharmonious in size to the dwellings to which they are adjacent and proximate, as well as to increase the open space around dwellings of a certain size, while preserving the diversity of the size and design of single-family dwellings within the Village.
B.
Maximum gross residential floor area ratio (FAR) in One-Family Residence Districts and the Waterfront Coastal Zone District. As illustrated in the table in this Subsection B, the maximum gross residential floor area ratio (FAR) for one-family dwellings shall be as follows:
(1)
Lots of 4,000 square feet or less shall have a maximum FAR of 0.64.
(2)
Lots between 4,001 square feet and 15,000 square feet shall have a maximum FAR of 0.64 minus 0.02 for every 1,000 square feet or part thereof in excess of 4,000 square feet [maximum floor area ratio = 0.64 - (0.02 x ((lot area - 4,000) ÷ 1,000))]
(3)
Lots between 15,001 square feet and 20,000 square feet shall have a maximum FAR of 0.42, minus 0.01 for every 1,000 square feet or part thereof in excess of 15,000 square feet [maximum floor area ratio = 0.42 - (0.01 x ((lot area - 15,000) ÷ 1,000))]
(4)
Lots between 20,001 square feet and 30,000 square feet shall have maximum FAR of 0.37, minus 0.005 for every 1,000 square feet or part thereof in excess of 20,000 square feet [maximum floor area ratio = 0.37 - (0.005 x ((lot area - 20,000) ÷ 1,000))]
(5)
Lots in excess of 30,000 square feet shall have a maximum FAR of 0.32.
Illustrative Table of Maximum Gross Residential Floor Area Ratio (FAR) for One-Family Dwellings in One-Family Residence Districts and the Waterfront Coastal Zone District | ||
|---|---|---|
Lot Size (square feet) | Maximum Gross Residential Floor Area Ratio | Resulting Gross Residential Floor Area (square feet) |
4,000 | 0.64 | 2,560 |
5,000 | 0.62 | 3,100 |
6,000 | 0.60 | 3,600 |
7,000 | 0.58 | 4,060 |
8,000 | 0.56 | 4,480 |
9,000 | 0.54 | 4,860 |
10,000 | 0.52 | 5,200 |
11,000 | 0.50 | 5,500 |
12,000 | 0.48 | 5,760 |
13,000 | 0.46 | 5,980 |
14,000 | 0.44 | 6,160 |
15,000 | 0.42 | 6,300 |
16,000 | 0.41 | 6,560 |
17,000 | 0.40 | 6,800 |
18,000 | 0.39 | 7,020 |
19,000 | 0.38 | 7,220 |
20,000 | 0.37 | 7,400 |
21,000 | 0.365 | 7,665 |
22,000 | 0.36 | 7,920 |
23,000 | 0.355 | 8,165 |
24,000 | 0.35 | 8,400 |
25,000 | 0.345 | 8,625 |
26,000 | 0.34 | 8,840 |
27,000 | 0.335 | 9,045 |
28,000 | 0.33 | 9,240 |
29,000 | 0.325 | 9,425 |
30,000 | 0.32 | 9,600 |
35,000 | 0.32 | 11,200 |
40,000 | 0.32 | 12,800 |
45,000 | 0.32 | 14,400 |
50,000 | 0.32 | 16,000 |
C.
Exemptions from calculations of gross residential floor area ratio (FAR) in One-Family Residence and Waterfront Coastal Zone Districts. The following amounts of floor area located in basements or cellars shall be exempted from the calculations of gross residential floor area ratio for one-family dwellings and accessory buildings in One Family Residence District and the Waterfront Coastal Zone District, provided that no part of any exterior wall of such basement or cellar is visible above the finished grade by two or more feet in height:
(1)
For lots of 5,000 square feet or less in lot area, the exemption shall be 400 square feet;
(2)
For lots between 5,001 square feet and 7,500 square feet in lot area, the exemption shall be 500 square feet; and
(3)
For lots of 7,501 square feet or larger in lot area, the exemption shall be 600 square feet.
D.
Additional side yard setbacks for one-family dwellings exceeding certain gross residential floor areas.
(1)
In the R-5 One-Family Residence District, for one-family dwellings that have a gross residential floor area in excess of 2,500 square feet, both minimum side yard setbacks shall be increased by 1/2 foot for every 100 square feet over 2,500 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased by more than 7 1/2 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 2,500 square feet in Gross Residential Floor Area in the R-5 One-Family Residence District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
2,300 | 6 | 16 | 10 |
2,400 | 6 | 16 | 10 |
2,500 | 6 | 16 | 10 |
2,600 | 6 1/2 | 17 | 10 1/2 |
2,700 | 7 | 18 | 11 |
2,800 | 7 1/2 | 19 | 11 1/2 |
2,900 | 8 | 20 | 12 |
3,000 | 8 1/2 | 21 | 12 1/2 |
3,100 | 9 | 22 | 13 |
3,200 | 9 1/2 | 23 | 13 1/2 |
3,300 | 10 | 24 | 14 |
3,400 | 10 1/2 | 25 | 14 1/2 |
3,500 | 11 | 26 | 15 |
3,600 | 11 1/2 | 27 | 15 1/2 |
3,700 | 12 | 28 | 16 |
3,800 | 12 1/2 | 29 | 16 1/2 |
3,900 | 13 | 30 | 17 |
4,000 | 13 1/2 | 31 | 17 1/2 |
4,100 | 13 1/2 | 31 | 17 1/2 |
(2)
In the R-7.5 One-Family Residence District, for one-family dwellings that have a gross residential floor area in excess of 3,500 square feet, both minimum side yard setbacks shall be increased by 1/2 foot for every 100 square feet over 3,500 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased by more than 10 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 3,500 square feet in Gross Residential Floor Area in the R-7.5 One-Family Residence District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
3,300 | 10 | 22 | 12 |
3,400 | 10 | 22 | 12 |
3,500 | 10 | 22 | 12 |
3,600 | 10 1/2 | 23 | 12 1/2 |
3,700 | 11 | 24 | 13 |
3,800 | 11 1/2 | 25 | 13 1/2 |
3,900 | 12 | 26 | 14 |
4,000 | 12 1/2 | 27 | 14 1/2 |
4,100 | 13 | 28 | 15 |
4,200 | 13 1/2 | 29 | 15 1/2 |
4,300 | 14 | 30 | 16 |
4,400 | 14 1/2 | 31 | 16 1/2 |
4,500 | 15 | 32 | 17 |
4,600 | 15 1/2 | 33 | 17 1/2 |
4,700 | 16 | 34 | 18 |
4,800 | 16 1/2 | 35 | 18 1/2 |
4,900 | 17 | 36 | 19 |
5,000 | 17 1/2 | 37 | 19 1/2 |
5,100 | 18 | 38 | 20 |
5,200 | 18 1/2 | 39 | 20 1/2 |
5,300 | 19 | 40 | 21 |
5,400 | 19 1/2 | 41 | 21 1/2 |
5,500 | 20 | 42 | 22 |
5,600 | 20 | 42 | 22 |
(3)
In the R-10 One-Family Residence District, for one-family dwellings that have a gross residential floor area in excess of 4,000 square feet, both minimum side yard setbacks shall be increased by 1/2 foot for every 100 square feet over 4,000 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased by more than 12 1/2 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 4,000 square feet in Gross Residential Floor Area in the R-10 One-Family Residence District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
3,500 | 10 | 25 | 15 |
4,000 | 10 | 25 | 15 |
4,500 | 12 1/2 | 30 | 17 1/2 |
5,000 | 15 | 35 | 20 |
5,500 | 17 1/2 | 40 | 22 1/2 |
6,000 | 20 | 45 | 25 |
6,500 | 22 1/2 | 50 | 27 1/2 |
7,000 | 22 1/2 | 50 | 27 1/2 |
(4)
In the R-12.5 One-Family Residence District, for one-family dwellings that have a gross residential floor area in excess of 4,500 square feet, both minimum side yard setbacks shall be increased by 1/2 foot for every 100 square feet over 4,500 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased by more than 15 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 4,500 square feet in Gross Residential Floor Area in the R-12.5 One-Family Residence District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
4,000 | 10 | 25 | 15 |
4,500 | 10 | 25 | 15 |
5,000 | 12 1/2 | 30 | 17 1/2 |
5,500 | 15 | 35 | 20 |
6,000 | 17 1/2 | 40 | 22 1/2 |
6,500 | 20 | 45 | 25 |
7,000 | 22 1/2 | 50 | 27 1/2 |
7,500 | 25 | 55 | 30 |
8,000 | 25 | 60 | 30 |
8,500 | 25 | 60 | 30 |
(5)
In the R-15 One-Family Residence District, for one-family dwellings that have a gross residential floor area in excess of 5,000 square feet, both minimum side yard setbacks shall be increased by 1/2 foot for every 100 square feet over 5,000 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased by more than 17 1/2 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 5,000 square feet in Gross Residential Floor Area in the R-15 One-Family Residence District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
4,500 | 10 | 25 | 15 |
5,000 | 10 | 25 | 15 |
5,500 | 12 1/2 | 30 | 17 1/2 |
6,000 | 15 | 350 | 20 |
6,500 | 17 1/2 | 40 | 22 1/2 |
7,000 | 20 | 45 | 25 |
7,500 | 22 1/2 | 50 | 27 1/2 |
8,000 | 25 | 55 | 30 |
8,500 | 27 1/2 | 60 | 32 1/2 |
9,000 | 27 1/2 | 60 | 32 1/2 |
10,000 | 27 1/2 | 60 | 32 1/2 |
(6)
In the R-30 One-Family Residence District, for one-family dwellings that have a gross floor residential area in excess of 6,000 square feet, both minimum side yard setbacks shall be increased by 1/4 foot for every 100 square feet over 6,000 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased by more than 20 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 6,000 square feet in Gross Residential Floor Area in the R-30 One-Family Residence District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
5,500 | 12 | 30 | 18 |
6,000 | 12 | 30 | 18 |
6,500 | 13 1/4 | 32 1/2 | 19 1/4 |
7,000 | 14 1/2 | 35 | 20 1/2 |
7,500 | 15 3/4 | 37 1/2 | 21 3/4 |
8,000 | 17 | 40 | 23 |
8,500 | 18 1/4 | 42 1/2 | 24 1/4 |
9,000 | 19 1/2 | 45 | 25 1/2 |
9,500 | 20 3/4 | 47 1/2 | 26 3/4 |
10,000 | 22 | 50 | 28 |
10,500 | 23 1/4 | 52 1/2 | 29 1/4 |
11,000 | 24 1/2 | 55 | 30 1/2 |
11,500 | 25 3/4 | 57 1/2 | 31 3/4 |
12,000 | 27 | 60 | 33 |
12,500 | 28 1/4 | 62 1/2 | 34 1/4 |
13,000 | 29 1/2 | 65 | 35 1/2 |
13,500 | 30 3/4 | 67 1/2 | 36 3/4 |
14,000 | 32 | 70 | 38 |
14,500 | 32 | 70 | 38 |
(7)
In the W Waterfront Coastal Zone District, for one-family dwellings that have a gross residential floor area in excess of 7,000 square feet, both minimum side yard setbacks shall be increased by 1/4 foot for every 100 square feet over 7,000 square feet of gross residential floor area, but in no case shall the minimum side yard setback be required to be increased more than 20 additional feet per side yard. The table below is illustrative:
Illustrative Table of the Minimum Required Side Yard Setback for One-Family Dwellings Exceeding 7,000 square feet in Gross Residential Floor Area in the W Waterfront Coastal Zone District | |||
|---|---|---|---|
Floor Area of Home (square feet) | Required Minimum Side Yard Setback (feet) | ||
One Side | Both Sides | Second Side | |
6,000 | 12 | 30 | 18 |
6,500 | 12 | 30 | 18 |
7,000 | 12 | 30 | 18 |
7,500 | 13 1/4 | 32 1/2 | 19 1/4 |
8,000 | 14 1/2 | 35 | 20 1/2 |
8,500 | 15 3/4 | 37 1/2 | 21 3/4 |
9,000 | 17 | 40 | 23 |
9,500 | 18 1/4 | 42 1/2 | 24 1/4 |
10,000 | 19 1/2 | 45 | 25 1/2 |
10,500 | 20 3/4 | 47 1/2 | 26 3/4 |
11,000 | 22 | 50 | 28 |
10,500 | 23 1/4 | 52 1/2 | 29 1/4 |
12,000 | 24 1/2 | 55 | 30 1/2 |
12,500 | 25 3/4 | 57 1/2 | 31 3/4 |
13,000 | 27 | 60 | 33 |
13,500 | 28 1/4 | 62 1/2 | 34 1/4 |
14,000 | 29 1/2 | 65 | 35 1/2 |
14,500 | 30 3/4 | 67 1/2 | 36 3/4 |
15,500 | 32 | 70 | 38 |
16,000 | 32 | 70 | 38 |
§ 381-38 Lot coverage limitations.
[Added 11-21-2016 by L.L. No. 12-2016]
A.
The maximum permitted lot coverage for lots in the One-Family Residence Districts and the Waterfront Coastal Zone District shall be as follows:
(1)
For lots of 5,000 square feet of lot area or less, the permitted lot coverage shall not exceed 50% plus 1% of additional lot coverage for each 400 square feet of lot area or part thereof less than 5,000 square feet, but in no event shall the lot coverage exceed 55% [maximum lot coverage = 0.5 + (0.01 x ((5,000 - lot area) ÷ 400))].
(2)
For lots between 5,001 square feet and 10,000 square feet of lot area, the permitted lot coverage shall not exceed 50% minus 1% of lot coverage for each 1,000 square feet of lot area or part thereof above 5,000 square feet [maximum lot coverage = 0.5 - (0.01 x ((lot area - 5,000) ÷ 1,000))].
(3)
For lots between 10,001 square feet and 15,000 square feet of lot area, the permitted lot coverage shall not exceed 45%.
(4)
For lots between 15,001 square feet and 20,000 square feet of lot area, the permitted lot coverage shall not exceed 45% minus 1% of lot coverage for each 1,000 square feet of lot area or part thereof above 15,000 square feet [maximum lot coverage = 0.45 - (0.01 x ((lot area - 15,000) ÷ 1,000))].
(5)
For lots between 20,001 square feet and 30,000 square feet of lot area, the permitted lot coverage shall not exceed 40%.
(6)
For lots between 30,001 and 40,000 square feet of lot area, the permitted lot coverage shall not exceed 40% minus 0.5% of lot coverage for each 1,000 square feet of lot area or part thereof above 30,000 square feet [maximum lot coverage = 0.40 - (0.005 x ((lot area - 30,000) ÷ 1,000))].
(7)
For lots of 40,001 square feet of lot area and greater, the permitted lot coverage shall not exceed 35%.
Illustrative Table of Maximum Permitted Lot Coverage for Lots in the One-Family Residence Districts and the Waterfront Coastal Zone District | ||
|---|---|---|
Lot Size (square feet) | Maximum Permitted Lot Coverage | |
Percent of Lot | Square Feet | |
3,000 | 55% | 1,650 |
4,000 | 52.5% | 2,100 |
5,000 | 50% | 2,500 |
6,000 | 49% | 2,940 |
7,000 | 48% | 3,360 |
7,500 | 47.5% | 3,563 |
8,000 | 47% | 3,760 |
9,000 | 46% | 4,140 |
10,000 | 45% | 4,500 |
12,500 | 45% | 5,625 |
15,000 | 45% | 6,750 |
16,000 | 44% | 7,040 |
17,000 | 43% | 7,310 |
18,000 | 42% | 7,560 |
19,000 | 41% | 7,790 |
20,000 | 40% | 8,000 |
30,000 | 40% | 12,000 |
35,000 | 37.5% | 13,125 |
40,000 | 35% | 14,000 |
45,000 | 35% | 15,750 |
50,000 | 35% | 17,500 |
§ 381-39 Supplementary standards for principal uses.
A.
Establishments involving service or care of animals, such as pet grooming and pet sales, must be adequately soundproofed and managed so that noise from the animals cannot be heard beyond the interior of the establishment(s). Animals may not be kept outside.
[Amended 8-16-2021 by L.L. No. 9-2021]
B.
(Reserved)
C.
Multifamily dwellings. Multifamily dwellings with pitched roofs for not more than 20 dwelling units per building shall be permitted, provided that groups of buildings may be erected on a single plot under one permit, and provided, further, that the Planning Board approves the site plan thereof.
D.
(Reserved)
E.
(Reserved)
F.
Reconstruction of clubs in the W District. If destroyed or damaged, to whatever extent from whatever cause, the clubhouse may be reconstructed to its prior dimensions on the same foundation or elsewhere on the same lot, provided that, if it is placed elsewhere, the front, side and rear yard requirements of this chapter for the district in which it is situated are fully met, and provided, further, that in all other respects the structures to be erected shall comply with this chapter and the Building Code.[1]
§ 381-40 Supplementary standards for all accessory structures including detached garages.
A.
Except in the case of private detached garages per § 381-55A, accessory structures shall not be permitted in a required front yard, side yard (except in the rear portion thereof), or side-front yard.
[Amended 7-24-2023 by L.L. No. 9-2023]
B.
No breezeway, porte-cochere, or other roofed structure connecting an accessory structure to the principal structure may be more than 20 feet in length. For the purposes of this provision, any breezeway, porte-cochere, or other roofed structure located generally between a principal and accessory structure shall be deemed to be connecting the two if it lies within two feet of both. If an accessory building is attached to the principal building via a roofed structure, then the accessory building shall be required to meet the yard requirements of the principal building.
C.
To the extent deemed necessary by the Building Inspector or, if the application comes before it, by the Planning Board for the maintenance of privacy or for reducing visual impacts, accessory structures shall be screened along the rear and along the nearest side yard by a reasonable planting of vegetative buffer, which may be required to include evergreens.
D.
All accessory structures shall be located a minimum distance of 10 feet from the principal structure. The measurement shall be made by measuring the minimum clear distance between the exterior walls of the two buildings. Sills, belt courses, ornamental features, cornices, and eaves may project into the required separation, provided that all such projections shall be at least 15 feet above finished grade.
§ 381-41 Supplementary standards for specific accessory uses and structures.
[Amended 11-21-2016 by L.L. No. 13-2016; 11-21-2016 by L.L. No. 14-2016; 12-19-2016 by L.L. No. 18-2016; 6-19-2023 by L.L. No. 7-2023; 4-21-2025 by L.L. No. 3-2025]
A.
Attached garages. An attached garage or a carport shall not principally be used for storage other than for one or more automobiles and/or boats and shall be within walls of or attached to the principal building or connected to it by open or enclosed breezeway. It shall be used for housing only of one or more automobiles owned by or leased to the occupant and shall be limited in size to one such vehicle per 5,000 square feet of lot area, and no gasoline or oil may be stored or service rendered therein. Space for one automobile or boat may be rented to a nonoccupant. Enclosed garages may also be used for storage, other than of commercial items.
B.
(Reserved)
C.
Outside storage of boats and boat trailers. Outside storage of a boat and/or a boat trailer is prohibited unless owned by the owners or occupants of the property used for storage, and such storage may not be within the front yard of the property nor within 30 feet of the curbline of a side front yard abutting a street.
D.
Decks.
(1)
Decks shall be permitted only in the rear of the main building.
(2)
No deck shall project beyond the outside face of any side of the building.
(3)
No deck shall project more than 12 feet out from the face of the building to which it is attached or immediately adjacent.
(4)
No deck shall project into any required front, rear, side or side-front yard.
(5)
No deck floor shall be higher at any level than the average height of the floor of the first story of the main building.
E.
Refuse and garbage enclosures. In the multifamily residence and commercial districts, an enclosed sanitary depository for the temporary storage of refuse and garbage shall be provided within the confines of the building.
F.
Outdoor eating in conjunction with a sit-down restaurant. Outdoor eating in conjunction with a sit-down restaurant shall require the granting of a permit as set forth in § 245-13E of the Code of the Village of Larchmont.
G.
Gasoline pumps and storage. No gasoline pumps or storage shall be permitted except as provided for in § 381-51K(1) through (4).
H.
Retaining walls. In order to minimize potential detrimental impacts associated with disturbance of established vegetation on existing steep slopes and avoid creating new steep slopes or grading that is disharmonious with the neighborhood topography or character, all retaining walls shall comply with the following provisions, and no retaining walls shall be installed except where the applicant demonstrates that each disturbance and/or retaining wall is necessary for the reasonable use of the property and that no adverse impacts will result.
(1)
All retaining walls shall comply with the following design requirements:
(a)
Structural retaining walls shall be constructed of permanent, uniform, engineered materials such as concrete, precast block, or masonry. Exposed areas of the retaining wall shall be faced in a more naturalistic and/or rusticated material such as cultured stone, brick, or stone that reflects the prevailing wall style of older homes in the Village.
(b)
Landscape retaining walls may be constructed in the same fashion as structural or retaining walls described in § 381-41H(1)(a) above or of stone or cultured stone or durable or preservative-treated wood, or other durable materials.
(c)
The grading in front of and behind all retaining walls and the retaining walls themselves shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either upon the property upon which such wall is located or upon any adjoining or adjacent property or street.
(d)
Landscaping installed in the vicinity of any structural retaining wall shall be appropriate for the location and shall not have a root system that will impair the integrity of the retaining wall.
(2)
All retaining walls that exceed 2 1/2 feet in height, measured as set forth in § 381-41H(3), shall comply with the following additional design requirements:
(a)
The applicant shall submit the following plans prepared by a licensed civil engineer:
[1]
A site plan showing the location and dimension of the retaining wall;
[2]
A grading plan with contour lines at a minimum of two-foot intervals;
[3]
Construction details, including the type of materials, height and thickness of the retaining wall, type of backfill, and drainage features;
[4]
Soil cut/fill and import/export totals; and
[5]
A landscaping plan for areas within 10 feet of the proposed wall.
(b)
Prior to the issuance of a building permit, all proposed retaining walls that exceed 2 1/2 feet in height shall be reviewed by the Village Engineer or consulting engineer for structural design and integrity, as well as the potential for adverse drainage, erosion, or other impacts.
(3)
Measurement of height. For the purpose of this § 381-41H, the height of each retaining wall, and the height of each tier of a wall system, shall be measured as a vertical distance from its bottommost exposed grade to the top of the retaining wall. The maximum height along a varying-height retaining wall shall be used to determine the height of each wall.
(4)
Height and location of retaining walls.
(a)
Retaining walls may abut property lines without a required setback.
(b)
Only one retaining wall may be permitted in each of the following yard areas: a) within 20 feet of the front property line; b) within 20 feet of a side-front property line; c) within 10 feet of a side property line; and d) within 30 feet of a rear property line. In each case, the maximum permitted height of such single retaining wall within such distances from a property line shall not exceed 2 1/2 feet.
(c)
A second retaining wall may be permitted beyond 20 feet of a front or side-front property line, beyond 10 feet of a side property line, and beyond 30 feet of a rear property line, provided that each second retaining wall shall not exceed 3 1/2 feet in height, and provided that the cumulative height of retaining walls in any yard is not greater than five feet in height.
(d)
The measurement of the cumulative height of retaining walls shall be the sum of the height of each separate wall (with the height of each retaining wall being defined as the measurement at its point of maximum height).
(e)
Where a fence is placed directly above a retaining wall, or where the distance between a fence and retaining wall running roughly parallel is equal to or less than five feet, the cumulative height of the retaining wall and fence shall not exceed five feet. The area between such fence and retaining wall shall be maintained as a landscaped area consisting of lawn, shrubs, or other vegetation.
(f)
Retaining walls running roughly parallel shall be separated by a bench of minimum horizontal distance equal to twice the vertical height of the taller of the two retaining walls.
(g)
Unless the presence of rock prevents regrading, the finished grade of areas in front of, behind, or between retaining walls shall not exceed one vertical foot to four horizontal feet and shall be properly graded, stabilized, and drained in accordance with the Village Code.
(h)
Exceptions for heights of retaining walls in floodplain areas. The heights of retaining walls may be increased beyond the maximums set in set forth in § 381-41H(4)(b) and (c) where such retaining walls are utilized to raise the finished habitable floor area elevation of a building or structure above the one-hundred-year floodplain elevation established by the Federal Emergency Management Agency or its successor, except that the heights of such retaining walls shall not raise the floor elevation of the habitable floor area above the floodplain elevation by more than two feet. The applicant may be required to utilize methods that decrease the height of a single retaining wall, such as using two or more tiered retaining walls or regrading the areas in front of or behind such walls.
(5)
The Planning Board may, for good cause shown, permit retaining walls of greater heights and in different locations other than as specified in § 381-41H(4), but only upon a demonstration that the applicant used best efforts to comply with the standards set forth in § 381-41H(4). The Planning Board may vary such standards only to the minimum extent reasonably possible.
ILLUSTRATION: §§ 381-41H(4)(a), (b), (c), and (d) MAXIMUM HEIGHT OF SINGLE RETAINING WALLS AND MAXIMUM CUMULATIVE HEIGHT OF RETAINING WALLS  |
 |
ILLUSTRATION: § 381-41H(4)(f)  |
I.
Hot tub, jacuzzi, or spa.
(1)
A building permit, and, if required pursuant to Article VIIIA, site plan approval, shall be required for a hot tub, jacuzzi or spa.
(a)
No hot tub, jacuzzi or spa shall have a water surface footprint in excess of 80 square feet or a depth greater than four feet.
(b)
A hot tub, jacuzzi or spa shall be used for recreational, therapeutic or other purposes, except for swimming.
(c)
The hot tub, jacuzzi or spa shall comply with the applicable principal building setback requirements.
(d)
The hot tub, jacuzzi or spa shall be located on a deck, terrace or patio, and shall not be located within an open lawn area.
(e)
If the hot tub, jacuzzi or spa is visible from neighboring properties, a suitable screening enclosure of either landscaping or fencing shall be provided.
(f)
Mechanical equipment, lighting and other features shall not cause a nuisance to neighboring properties.
(g)
No hot tub, jacuzzi or spa shall be installed unless a building permit is issued.
J.
Generators and outdoor HVAC equipment. Generators and outdoor HVAC (heating, ventilating, and/or air-conditioning) equipment shall be permitted outdoors as accessory structures in all One-Family Residence Districts and the Waterfront Coastal Zone District in accordance with all of the following requirements:
(1)
A concrete or other paved pad or pads supporting such equipment shall not exceed 80 square feet in total.
(2)
Such equipment shall not be located in the front or side-front yard and shall be located in the rear yard wherever possible. Where such placement in the rear yard is impractical or infeasible, such equipment shall be located in a side yard as close to the principal building as possible, but in no circumstance shall the side yard setback of the equipment be less than one half of the required side yard setback for the principal building.
(3)
Such equipment shall be screened by vegetation of a type, height and density that provides for year-round screening, so that the generator or HVAC equipment shall not be visible at grade level from adjoining property or the public street. Such screening shall be maintained in good condition at all times.
(4)
Such equipment shall comply with the maximum sound pressure levels set forth in § 195-3 of the Village Code. Additionally, the Building Inspector or appropriate land use board may require such equipment to be enclosed with materials specifically designed and intended to attenuate such sound so as to bring them down to the levels mandated by the Village Code. Post-installation testing to measure the adequacy of such noise attenuation and compliance with the Village Noise Code may be required.
K.
Standards for driveways. The following standards shall apply to all driveways serving one-family dwellings in One-Family Residence Districts and the Waterfront Coastal Zone District:
(1)
A driveway is that area of a lot used for providing vehicular access and off-street parking of registered passenger vehicles. Its surface is either impervious or pervious, including but not limited to asphalt, gravel, stone or other nonvegetative material. Unless otherwise approved by the Planning Board in a Site Plan review, it shall lead perpendicular from a public road directly to a garage. If the property does not have a garage, the driveway is that which has been established for the use as the parking area of said dwelling.
(2)
No more than one driveway shall be permitted per lot frontage. On a corner lot, a second driveway shall be permitted, provided one of the driveways provides direct access to a garage.
(3)
No driveway shall be located less than two feet from a side property line in the R-5 and R-7.5 One-Family Residence Districts and less than four feet in all other One-Family Residence Districts and the Waterfront Coastal Zone District.
(4)
No driveway shall be located less than 35 feet from the closest point of the intersection of two or more streets.
(5)
In order to preserve the maximum amount of on-street parking and to maintain the character of the Village's streetscapes, driveway curb cuts shall not exceed 12 feet in width. Provided, however, if the Planning Board, pursuant to Subsection K(7) hereof, permits a driveway to be wider than 12 feet at the street line, then the curb cut size limit may be increased to match the permitted width of the driveway at the street line.
(6)
Driveway curb cuts must be at least three feet from the nearest utility pole or hydrant.
(7)
The maximum width of the portion of a driveway located within 20 feet of the front or side-front property line shall not exceed 12 feet, or the width of an existing legal nonconforming curb cut, whichever is wider; provided, however, if the driveway provides access to a two-car garage or cannot legally be made long enough to accommodate the required number of off-street parking spaces in tandem, the driveway may be widened to a width determined by the Planning Board not to exceed 24 feet to allow for side-by-side parking. In no instance shall the width of driveway pavement located within the required front yard exceed 1/3 of the lot's frontage.
(8)
Driveways that are shared by two adjoining lots shall be permitted only when approved by the Planning Board under the following conditions:
(a)
Such a shared driveway shall only be permitted when the use of a single shared driveway would significantly enhance traffic safety, reduce the extent of lot coverage on both lots, and resemble when viewed from the street, to the extent practical, a driveway that serves a single lot.
(b)
Such a shared driveway shall be no wider than 12 feet in width for the length of the driveway from the street to the extreme rear corner of the dwelling that is located closest to the street, unless a wider driveway is permitted pursuant to Subsection K(7) hereof; at such corner, the shared driveway may then be required to divide into two separate driveways, provided that each driveway is separated by a planting strip that widens to at least three feet on either side of the property line within 10 feet of such division.
(c)
Such a shared driveway shall also be set back at least three feet from the sides of the principal buildings on each lot, which setbacks shall be maintained as a landscaped strip consisting of lawn, shrubs, or other vegetation.
(9)
The maximum driveway surface area shall not exceed 35% of the total front yard area (the area between the front of the principal building, the front property line and both side lot lines).
(10)
The maximum grade for any new driveway accessory to a single-family dwelling, and connecting its off-street parking area to a street, shall not exceed 10%, except that where it can be demonstrated to the satisfaction of the Village Engineer that, because of practical difficulty or unreasonable hardship affecting a particular property, the construction of a driveway grade of less than 10% is impractical, the construction of a steeper driveway shall be permitted, provided that the increase in driveway grade is the minimum increase required.
(11)
Notwithstanding the maximum permitted grades specified in Subsection K(10), no driveway serving a single-family dwelling shall have a grade in excess of 3% in the platform transition area, which is that portion of the driveway which is within 35 feet of the center line of the travelled way of the street, or within 10 feet of the right-of-way line of the street, whichever distance is greater, except that the Village Engineer shall have the same power to permit increased grades here as in Subsection K(10) above.
(12)
Any driveway entering into a street shall be located and aligned in such a way as to create the minimum possible traffic hazard. The platform transition portion of the driveway, as required by Subsection K(11) above, shall be aligned at right angles to the street.
(13)
Unobstructed clear sight distance shall be provided in both directions at all driveway exit points so that the driver of an automobile stopped on the platform area of any new driveway shall have an unobstructed view of the intersecting roadway for at least 200 feet in either direction, and so that the driver of an automobile traveling on the roadway shall have a similar view of the automobile in the driveway. If it is necessary to clear vegetation, modify grades or relocate appurtenances located within the Village right-of-way, said would require the approval of the Department of Public Works General Forman and Village Engineer. If, because of practical difficulty or unreasonable hardship affecting a particular property, achieving the required sight distance is impossible, The Department of Public Works General Forman and Village Engineer may allow for a reduction, provided it is the minimum reduction required.
(14)
Driveway surface. All driveways shall be improved and suitably maintained to the extent deemed necessary by the Village Engineer to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands.
(15)
No part of the first story of a dwelling may extend onto or over the minimum driveway width required in Subsection K(7) above.
(16)
Circular driveways, driveways with two access points on the same street, are prohibited.
(17)
Upon completion of demolition, excavation, and construction in the Village right-of-way, the applicant shall restore to the satisfaction of the Department of Public Works any road asphalt, curbs, sidewalks, vegetation, signage, and/or other public property damaged during the course of work of the installation of the driveway.
§ 381-42 Changes of grade and soil movement.
[Added 12-19-2016 by L.L. No. 19-2016]
Purpose and applicability. In order to minimize the extent to which the existing overall topographical character of the one-family residential areas within the Village are changed; minimize the potential negative impacts of substantial grade changes on the community and visual aesthetics; minimize the net amount of soil imported or exported and control the quality of the soil imported; discourage rock blasting and rock chipping; and minimize the removal of trees and established vegetation, destabilization of sloped areas, and the extent and rate of stormwater runoff and soil erosion in accordance with all applicable federal, state, and local regulations, the following provisions shall apply to changes in grade and soil movement:
A.
Maximum increase/decrease in existing grade. For one-family residential lots, changes in topographic contours shall be in accordance with the following:
(1)
For each lot, the grading plan should seek to balance areas of fill and excavation, in order to minimize changes to existing topography and also to minimize the net import or export of soil.
(2)
At each location across a lot, the maximum allowable change (raising or lowering) in existing grade shall depend on the location's distance from the property line and not exceed the maximum change in grade as set forth in accordance with the following table:
Distance From Property Line (feet) | Maximum Change in Grade From Existing Grade (feet) |
|---|---|
50 and greater | 5 |
40 to 50 | 4 |
30 to 40 | 3 |
0 to 30 | 2 |
(3)
Retaining walls may be utilized to stabilize horizontal surfaces that are at different elevations, provided that such retaining walls comply with the provisions set forth in § 381-41H and that they do not have the effect of changing the existing grade beyond the limitations set forth herein.
(4)
For the purposes of this Subsection A, existing grade shall either be the contour of elevations based upon an up-to-date topographic survey verified in the field of one foot contour lines, or the contour elevations and/or spot elevations as shown on an existing conditions survey map prepared by a registered land surveyor. Said contours or spot elevations shall be based upon North American Vertical Datum (NAVD) of 1988.
(5)
In any areas of a lot where regrading occurs, the slope of the finished grade shall not exceed one vertical foot for every four horizontal feet and shall be properly stabilized and drained in accordance with applicable provisions in the Village Code.
(6)
In order to minimize the potential for excessively tall, exposed garage and walkout basement levels, the maximum differential between the points of highest and lowest finished grade around the exposed surfaces of a building shall not exceed eight feet.
B.
Soil movement.
(1)
Soil-moving permits required. No person shall import or export or cause more than 25 cubic yards of soil to be imported or exported within any twelve-month period without first obtaining a soil movement permit as hereinafter provided. No construction or building permit nor certificate of occupancy shall be issued until a soil movement permit has been issued. No permit shall be issued for longer than 12 months.
(2)
Maximum amounts of soil importation to or exportation from a one-family residential lot.
(a)
Regardless of whether a building or other permit is being sought, the maximum quantity of soil that may be imported to or exported from a one-family residential lot shall be the volume in cubic yards that is equal to 1/2 foot multiplied by the lot area (in square feet). Cubic yards of soil generated from excavations for basements and swimming pools shall not be counted toward such maximum quantity of soil. The Planning Board may, for good cause shown, permit greater quantities of soil to be imported or exported, but only to the minimum extent reasonably possible, and only upon a demonstration that the applicant used best efforts to comply with the maximum quantity of soil specified herein.
(b)
Up to 25 net cubic yards of soil that is imported or exported shall be permitted as of right for all one-family residential lots. Regardless of quantity, documentation shall be provided to the Building Department prior to import or export activities identifying the origination and off-site destination points. Should the soil not be from a natural unimpacted borrow source, data shall be provided in accordance with New York State Department of Environmental Conservation, Division of Environmental Remediation guidance document DER-10, as amended from time to time, to demonstrate that the materials are free of contaminants and are suitable for the intended use.
(c)
A soil-moving permit from the Building Inspector shall be required if the amount of soil to be imported or exported exceeds 25 net cubic yard but is less than 185 net cubic yards. As part of the permitting process, all documentation required under § 381-42B(2)(b) shall be submitted. In addition, for processed or manufactured materials not from an unimpacted borrow source, data shall be furnished from a New York State Certified Laboratory demonstrating that the soil is free of contaminants and suitable for the intended use. A signed chain of custody form shall also be furnished for all imported or exported materials. If material is not from a natural unimpacted borrow source, the processing facilities' applicable state's registration or permit documentation shall be provided to the Building Department.
(d)
A soil-moving permit from the Planning Board shall be required when the amount of soil to be imported or exported meets or exceeds 185 net cubic yards. All documentation required under § 381-42B(2)(c) shall be submitted.
(e)
The Building Inspector and Planning Board shall not issue a soil-moving permit unless the applicant demonstrates that the amount of soil to be imported or exported is no greater than is reasonably necessary for the development and use of the lot.
(3)
Soil-moving operations. In all operations for which a soil-moving permit is required, the following operational requirements shall apply:
(a)
Prior to the start of the soil moving operations, the following must be performed: 1) sediment barriers shall be installed and maintained throughout the duration of the project for which soil is being imported or exported in accordance with all federal, state, and local regulations; 2) tree protection measures shall be installed pursuant to the Building Inspector's approval. The Building Inspector may also, at his/her discretion, require the limits of the soil disturbance to be delineated with construction fencing and other reasonable measures to protect adjoining and adjacent property, including streets, sidewalks, drains, and catch basins.
(b)
The top layer of soil to a depth of six inches shall not be removed from the lot but shall be stockpiled on the lot separately from any other soil stockpiled and respread over the lot after the remainder of the soil has been moved or after construction has been completed. All stockpiles shall be covered securely with a tarpaulin to protect the topsoil and to prevent flying dust and other nuisances.
(c)
All boulders, tree stumps, and other debris that are uncovered during soil-moving operations shall be removed from the lot.
(d)
In dry weather, the ground where soil-moving operations are conducted shall be dampened to prevent flying dust.
(e)
To prevent spillage of soil, no trucks shall be loaded above the level of the sides of the truck. Each day, at the applicant's sole expense, all adjoining streets, sidewalks, and paved surfaces shall be cleaned of any spillage of soil or other debris. All truckloads shall be covered securely with a tarpaulin, and if necessary, the soil therein shall be treated with water or chemicals to prevent flying dust. The Building Department may require designation of an on-site soil- or mud-tracking control area to prevent tracking of soil and mud onto public streets. The tracking control may be accomplished with a fabric-lined gravel bed area or other means reasonably required by the Building Department.
(f)
All debris, including soil, arising from the soil-moving operations shall be removed from the surface of any Village catch basin, and the Village Administrator shall be notified immediately. If the Village Administrator determines that the catch basin needs to be cleaned more thoroughly, the Village will undertake the work and charge the expense thereof to the owner as a lien against the lot.
(g)
At the conclusion of soil-moving operations or construction, the lot shall be graded to conform to the approved contour lines and grades and stabilized to prevent erosion.
(h)
All excavation, removal, and other mandatory ground cover work, including restoration of property to final grades and subsequent seeding, must be completed within 12 months from the date of the permit.
(i)
Soil-moving operations, including loading or unloading, are prohibited between 5:00 p.m. and 8:00 a.m., Monday through Friday, and all day on Saturday, Sunday, and federal and state public holidays.
§ 381-43 Supplementary design guidelines.
A.
Design guidelines for lot and building frontages on Palmer, Chatsworth and Larchmont Avenues and the Boston Post Road. In the review of applications for building permits, special permits and site plan approvals, as required by this chapter or any other local law, the responsible board or department shall adhere to the following design guidelines and objectives regarding lot and building frontage for lots on Palmer, Chatsworth and Larchmont Avenues and the Boston Post Road which are located in the RB and/or RC zones, unless it is found that such guideline(s) cannot be feasibly achieved.
(1)
Site plan guidelines.
(a)
Subject to all applicable front and side yard requirements, buildings shall be set back no more than five feet from the rear edge of the sidewalk and shall occupy at least 80% of the frontage on these streets.
(b)
No vehicular access shall be provided across the sidewalks along these streets.
(c)
No parking area, whether open or enclosed, shall occupy any part of the frontage of these streets.
(2)
Building design guidelines. The Architectural Board of Review shall consider the following guidelines in its review of building design.
(a)
Ground level facades shall contain the maximum amount of window area appropriate to the particular use. As a general rule, at least 50% of the first story facade should be glass.
(b)
In the case of existing buildings, original architectural details and proportions of facade elements shall be maintained to the maximum extent possible.
(c)
The facades of new structures shall be designed to be compatible with nearby existing buildings in terms of the proportions and size of door and window openings, materials and facade elements.
(d)
Facades shall be designed to include sign panels or specific sign placement to avoid covering architectural details or windows with signage.
(e)
In the case of multistory buildings, storefront materials and proportions shall be related to those of upper stories.
(f)
Colors should enhance the many architectural styles in the area, mixing easily with natural materials such as brick, stucco, wood, etc. Unusual shades for buildings, signs and awnings should be avoided unless they blend with surrounding properties and are combined in a sensitive and restrained manner. Highlighting of architectural details in well-coordinated shades is acceptable.
B.
Screening of retail business from abutting residential property. Whenever business property abuts residential property, a landscaping plan providing suitable screening shall be submitted to the Board of Architectural Review for review, which shall forward its comments and recommendations to any other board or entity that has jurisdiction on the application.
C.
Exterior lighting. Any exterior lighting installed on nonpublic property after this chapter takes effect shall be of such a type and shall be so located, shaded and directed that the light source is not directed at and cannot be seen from any neighboring property being used for one-family or two-family residential purposes.
§ 381-44 Mechanical rock excavation and rock blasting.
[Added 12-19-2016 by L.L. No. 20-2016; amended 4-3-2017 by L.L. No. 2-2017]
A.
Mechanical rock excavation and rock blasting permits required.
(1)
No person shall engage in mechanical rock excavation, or permit such excavation to occur on their lot, unless a mechanical rock excavation permit has first been issued by the Village and the Building Inspector has issued written permission to proceed following compliance with all pre-excavation requirements set forth herein.
B.
Mechanical rock excavation.
(1)
Mechanical rock excavation on a lot shall be restricted to 15 consecutive calendar days.
(a)
When such operations are under way pursuant to previous approval, the Building Inspector, upon advice and consultation with the Village Engineer or Village consulting engineer and for good cause shown, may extend the days by which the operations may occur; such extension must be reasonable under the circumstances, but in no event shall such extension exceed five calendar days.
(2)
Mechanical rock excavation, including rock removal, shall only be permitted to occur between 8:00 a.m. and 3:30 p.m. on Mondays through Fridays and shall not be permitted on any Saturday, Sunday, or federal or state public holiday.
(3)
Mechanical rock excavation, including rock removal, is prohibited within 500 feet of any public or private school on testing days.
(4)
No person performing mechanical rock excavation shall have more than two machines and two hammers operating on one lot at the same time. Rock crushing is prohibited on site.
(5)
All mechanical rock excavation shall comply with the same requirements as set forth in soil-moving operations under § 381-42B(3).
C.
Notice to neighbors of mechanical rock excavation; affidavit of mailing; public notice sign.
(1)
No less than 10 days nor more than 14 days prior to mechanical rock excavation, the permit holder shall give written notice of the intent to engage in such operations to all property owners, managing agents, and occupants of all structures on property that has a lot line lying within 300 feet of any lot line of the property on which the mechanical rock excavation is to occur and any additional lots as required by the Building Inspector or Village Engineer. Said notice shall be approved by the Building Inspector and shall state the mechanical rock excavation permit holder's name, the permit number, the location of the excavation, the date(s) and time(s) during which excavation is to occur, and emergency telephone numbers for the police, fire, and ambulance service. Such notice shall be given by certified or certificated mail, and an affidavit, executed by the permit holder attesting to such mailing, along with the actual notice and list of addressees and addresses, shall be filed with the Building Department before mechanical rock excavation may commence.
(2)
Upon receipt of the notice specified in Subsection C(1) above, all property owners and managing agents shall immediately distribute a copy of such notice to tenants and, except for one-family dwellings, post such notice in conspicuous place(s) where it is reasonable to believe that persons entering or leaving the premises will see such notice.
(3)
Posting of notice on the subject property. No less than 10 days prior to engaging in mechanical rock excavation, the permit holder shall post a sign on the property where such excavation is to occur, in the form prescribed by the Building Department, stating the date(s) and time(s) during which such operations will occur. Such sign shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts, but in no case more than 20 feet back from the front lot line. Such sign shall be appropriately revised as necessary. An affidavit attesting to such posting shall be filed with the Building Department before mechanical rock excavation may commence.
§ 381-45 Supplementary standards for the provision of affordable housing units.
[Added 12-19-2016 by L.L. No. 24-2016]
A. AFFORDABLE AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) UNIT(1) (2)
Definitions. As used in this section, the following terms shall have the meaning indicated:
A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the United States Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% AMI, adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; and
A rental unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
B.
Required affordable AFFH unit component.
(1)
Within all residential developments of 10 or more units created by subdivision or site plan approval, no fewer than 10% of the total number of units must be created as AFFH units. In residential developments of five to nine units, at least one AFFH unit shall be created. Rounding shall be done as follows: for 10 to 14 housing units: one AFFH unit; for 15 to 24 housing units: two AFFH units; then continuing in like increments as the number of housing units increase.
(2)
No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for AFFH units created under this subsection.
(3)
Notwithstanding the above, all such AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
C.
Maximum rent and sales price. The maximum monthly rent for an AFFH unit and the maximum gross sales price for an AFFH unit shall be established in accordance with United States Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits" available from the County of Westchester.
D.
Time period of affordability. Units designated as AFFH units must remain for a minimum of 50 years from date of initial certificate of occupancy for rental properties and from date of original sale for ownership units.
E.
Property restriction. A property containing any AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to municipal counsel which shall ensure that the AFFH unit shall remain subject to regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants shall require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration shall be recorded against the property containing the AFFH unit prior to the issuance of a certificate of occupancy for the development.
F.
Unit appearance and integration.
(1)
Within single-family developments, the AFFH units may be single-family homes or if the Planning Board so elects, they may be incorporated into one or more two-family homes. If the Planning Board so elects, one or more AFFH units may be located on a lot meeting 75% of the minimum lot area for the single-family homes in the development. Each such two-family home shall be located on a lot meeting the minimum lot area for the single-family homes in the development. All such units shall be indistinguishable in appearance, siting and exterior design from the other single-family homes in the development, to the furthest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.
(2)
Within multifamily developments, the AFFH units shall be physically integrated into the design of the development, and where multiple AFFH units are required, to the extent feasible, they shall be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development. The AFFH units shall not be distinguishable from other market rate units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the AFFH units.
G.
Minimum floor area.
(1)
The minimum gross floor area per AFFH unit shall not be less than 80% of the average floor area of nonrestricted housing units in the development and no less than the following:
Dwelling Unit | Minimum Gross Floor Area (square feet) |
|---|---|
Efficiency | 450 |
1-bedroom | 675 |
2-bedroom | 750 |
3-bedroom | 1,000 (including at least 1.5 baths) |
4-bedroom | 1,200 (including at least 1.5 baths) |
For the purposes of this section, paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies. |
(2)
As an alternative or supplemental standard if the Planning Board so elects, the minimum gross floor area per AFFH unit shall be in accordance with the standards set forth by the New York State Division of Housing and Community Renewal and the New York State Housing Trust Fund Corporation in Section 4.03.03 of the most recent edition of its joint Design Manual, http://nysdhcr.gov/Publications/DesignHandbook/UF2009 DesignHandbook. pdf.[1]
[1]
Editor's Note: So in original.
H.
Occupancy standards. For the sale or rental of AFFH units, the following occupancy schedule shall apply:
Number of Bedrooms | Number of Persons |
|---|---|
Efficiency | Minimum: 1, Maximum: 1 |
1 | Minimum: 1, Maximum: 3 |
2 | Minimum: 2, Maximum: 5 |
3 | Minimum: 3, Maximum: 7 |
4 | Minimum: 4, Maximum: 9 |
I.
Affirmative marketing. The AFFH units created under the provisions of this section shall be sold or rented, and resold and rerented during the required period of affordability, to only qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.
J.
Resale requirements.
(1)
In the case of owner-occupied AFFH units, the title to said property shall be restricted so that in the event of any resale by the home buyer or any successor, the resale price shall not exceed the then-maximum sales price for said unit, as determined in this law, or the sum of the net purchase price (i.e., gross sales prices minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics (the "Index") on any date between a) the month that was two months earlier than the date on which the seller acquired the unit and b) the month that is two months earlier than the month in which the seller contracts to sell the unit. If the Bureau stops publishing this index and fails to designate a successor index, the Village of Larchmont will designate a substitute index, and the cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit as evidenced by paid receipts depreciated on a straight-line basis over a fifteen-year period from the date of completion and such approval shall be requested for said major capital improvements no later than the time the seller of the unit desires to include it in the resale price.
(2)
Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
K.
Lease renewal requirements.
(1)
Applicants for rental AFFH units shall, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident shall be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law.
(2)
If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident may complete their current lease term and shall be offered a nonrestricted rental unit available in the development at the termination of such lease term, if available. If no such dwelling unit shall be available at said time, the resident may be allowed to sign one additional one-year lease for the AFFH unit they occupy but shall not be offered a renewal of the lease beyond the expiration of said term.
L.
Administrative and monitoring agency. The County of Westchester shall be responsible for monitoring the AFFH units during the units' periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the AFFH units.
M.
Expedited project review process.
(1)
Preapplication meeting. The Planning Board's preapplication meeting process shall be followed in connection with developments which include AFFH units. The purposes of the preapplication meeting will include discussion of means to expedite the development application review process through:
(2)
Meeting schedule and timeline. Village departments, boards, commissions, committees and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication process to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the applicant to adhere to same. Should the approval process extend beyond one year, an applicant for a development including AFFH units shall be entitled to at least one additional meeting per year with the same departments, boards, commissions or committees to review any and all items discussed at previous preapplication meetings.
(3)
Calendar/agenda priority. Municipal departments, boards, commissions, or committees with review or approval authority over applications for developments which include AFFH units shall give priority to such applications by placing applications for developments including AFFH units high enough on all meeting and work session calendars and agendas so they will not be bumped to a subsequent meeting, because of lack of time and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.