New Rochelle City Zoning Code
ARTICLE XI
Overlay Zones
§ 331-81 Introduction; definition.
B.
Introduction. An overlay zone is a mapped district superimposed on one or more established zoning districts which may be used to impose supplemental restrictions on uses in these districts, permit uses otherwise disallowed, or implement some form of density bonus or incentive bonus program. The underlying zone persists with the overlay procedures imposed as supplemental regulations. Overlay zones are distinct from floating zones because of several features, the most significant of which is that overlay zones are mapped, and floating zones are not mapped.
§ 331-82 Single-Family Senior Citizen (SFSC) District.
See § 331-28E(1).
A.
Purpose. The Single-Family Senior Citizen (SFSC) Overlay District is hereby established as an overlay zone with potential applicability to any property that meets the minimum eligibility requirements as set forth in Subsection C. The intent of this district is to facilitate development of homes that are specifically designed to meet the needs of senior citizens who prefer the single-family type home and single-family form of ownership, but require certain facilities and amenities to meet their changing physical and social needs, allow flexibility in design and promote preservation of open space.
B.
The boundaries of each SFSC Overlay District shall be fixed by amendment to the official City Zoning Map wherever mapping of this District is approved. A metes and bounds description of each such district shall be filed with the office of the City Clerk.
C.
Eligibility. The following are the minimum eligibility requirements for establishing any property for SFSC zoning:
(1)
The minimum parcel size shall be five contiguous acres.
D.
Development standards.
(1)
Permitted principal uses.
(a)
One-family detached dwellings as permitted and regulated in the underlying zoning district.
(2)
Permitted accessory uses.
(a)
Uses and structures which are clearly incidental and customary to the permitted principal use on the lot on which it is located.
(b)
Indoor and outdoor recreation facilities, clubhouses, a community swimming pool, and off-street parking. The use of any recreation facility and/or clubhouse shall be limited to the residents of the dwellings and their nonpaying guests.
E.
Design features. The housing in an SFSC District shall be specifically designed to meet the needs of senior citizens who can generally live independently without medical care typically provided in a nursing home or assisted living facility. The following types of facilities and amenities shall be provided in a single-family senior citizen development:
(1)
The main exterior access to each home shall be provided without steps.
(2)
Each home shall be built primarily for first floor living, with a master bedroom and wheelchair accessible bathroom provided on that floor. If a proposed home has a two-story design, the second story and basement shall be adaptable for construction of an elevator, by providing framing for an elevator shaft. The space may be used for a closet until the elevator is installed. If a proposed home has a one-story design, it shall be adaptable for future installation of an elevator or lift to the basement.
(3)
Homes shall be further built to meet seniors' daily accessibility requirements with doorways sufficiently wide to accommodate a wheelchair. At least one bathroom and the kitchen shall be appropriately designed to enable wheelchair turning in a single turn. The bathroom and kitchen shall be made adaptable in accordance with CABO/ANSI standards in force at the time of construction.
(5)
Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling; handrails and ample places for rest shall be strategically provided.
(6)
Appearance and design of one-family dwellings. All proposed homes within the development shall be architecturally related in exterior appearance to neighboring buildings then in existence or for which a building permit has been issued. The building shall be architecturally related to neighboring buildings as to color, texture, scale, and materials. The Planning Board shall review and approve the appearance and design of one-family dwellings within the SFSC District at the time of subdivision review.
F.
Standards. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be modified by the Planning Board as provided for under § 37 of the New York General City Law, where such is determined appropriate based upon consideration of particular circumstances of the individual application to satisfy the purposes and intent as set forth in Subsection A:
(2)
Minimum dimensional requirements.
(a)
The minimum lot area per dwelling unit may be the average overall lot area per dwelling unit of the entire development as regulated in the underlying zoning district.
(b)
Minimum open space requirements. The SFSC development shall include an area or areas for outdoor recreational purposes exclusively for the use of the residents and their guests. Such areas may be designated for passive or active uses, and shall contain a minimum of 300 square feet per dwelling unit. Lawn areas or gardens for individual homes, driveways and parking areas shall not be deemed to satisfy the requirements of this section. In addition, a minimum of 20 square feet per dwelling unit of indoor recreational area may be required by the Planning Board. Such area shall not be used for storage or any such similar purpose and shall be available to all residents and their guests.
[Amended 5-21-2003 by Ord. No. 106-2003]
(c)
The minimum yard setbacks from all perimeter lot lines shall be 30 feet.
(d)
Minimum parking. Not less than one, nor more than two spaces in a completely enclosed garage per dwelling unit shall be provided.
[Amended 7-16-2002 by Ord. No. 139-2002]
(e)
The minimum floor area per dwelling unit for a one-story dwelling shall be 1,800 square feet and for a two-story dwelling shall be 2,000 square feet.
(3)
Other development standards.
(a)
Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the development.
(b)
Artificial lighting of the grounds of the entire SFSC development shall provide illumination sufficient for the convenience and safety of residents (two footcandles at pavement level).
(c)
All privately owned land on private lots, and common lands and facilities within the SFSC District shall be maintained by the property owners' association. Any changes or improvements to structures or lands within the SFSC District shall be approved by the property owners' association.
G.
Review and approval process. Approval of a development within a SFSC District shall consist of the following process:
(1)
Application for overlay of the SFSC Zone on a residential zoning district by the City Council.
(2)
Review and recommendation of proposed zoning by the Planning Board. Where modification of yard requirements (clustering) is proposed, review shall consider both the uses of the cluster techniques and the senior citizen zoning.
(3)
Approval by the City Council, following a public hearing and compliance with environmental review requirements.
(4)
Application and approval of a subdivision by the Planning Board.
(5)
The applicant may request a change in the underlying zoning district concurrently with the request for mapping the SFSC District on a given parcel.
(6)
The application for the mapping of a SFSC District shall include the following:
(a)
An outline map of the proposed SFSC District boundary, indicating the current and/or proposed zoning, parcel size and location.
(b)
A map of the site in relation to the surrounding area, showing all roads and neighboring land uses and existing zoning district boundaries.
(c)
A written statement describing the basic concept of the proposed SFSC plan, the general reasons why the applicant believes that approval of its application would further the legislative intent and purposes of SFSC zoning, and any other supporting rational or documentation.
(d)
A subdivision sketch plan map showing the lot layout, road access, parking, community facilities, open space system, water supply, stormwater management, and wastewater disposal. Said plan shall be prepared on a topographic base map showing existing contours and elevations at two-foot intervals.
(e)
A phasing plan indicating the proposed construction sequence for all proposed common facilities, such as clubhouses, recreation areas and off-street parking lots.
(f)
Preliminary building designs, such as floor plans, elevations, and sketches.
(7)
The City Council shall refer all applications for SFSC mapping and possible use of clustering techniques to the Planning Board for review and recommendation. Said review and recommendation shall be completed within a period of 60 days from the date of referral from the City Council.
(8)
If the SFSC request is approved by the City Council, a subdivision plan shall be submitted to the Planning Board for detailed review in accordance with its applicable procedures for the review of subdivision plans. Such plan shall be approved by the Planning Board prior to the issuance of building permits.
§ 331-83 Cabaret Overlay Zone. [1]
[Added 9-17-2014 by Ord. No. 124-2014]
A.
Purpose. The Cabaret Overlay Zone is hereby established to improve the function, aesthetics and manageability of this particular land use and to provide the City of New Rochelle with a better method of control and enforcement. The Cabaret Overlay Zone encourages accessory cabaret uses in specific designated areas of the City that are more urban and commercialized and are more appropriate locations for this use while limiting the expansions of such uses to more residential neighborhoods. This overlay zone will limit cabarets to the major commercialized areas and the arterial routes through the City.
C.
Standards.
(1)
Any new cabaret use in the overlay zone shall be required to apply for a cabaret special permit from the City Council as stipulated in § 331-113.2.
(2)
Any cabaret use in the overlay zone that abuts a residential district shall have to provide a thirty-foot setback from the property line that abuts such use.
(3)
Any cabaret use in the overlay zone shall show a viable valet parking plan in accordance with § 331-128D and all applicable subsections at the time of site plan approval.
(5)
Cabaret uses shall not be allowed where the underlying zoning is residential.
[Added 10-18-2017 by Ord. No. 203-2017]
[1]
Editor's Note: Former Subsection E(2), regarding the CDD Commercial Design District, was repealed 10-20-2009 by Ord. No. 199-2009.
§ 331-84 Water View Overlay Zone.
[Amended 5-21-2003 by Ord. No. 106-2003; 12-14-2004 by Ord. No. 293-2004; 1-18-2005 by Ord. No. 21-2005; 12-8-2009 by Ord. No. 238-2009]
A.
Purpose. The purpose of the Water View Overlay Zone is to minimize the impact of development on water views enjoyed by the public on adjacent rights-of-way and by adjacent and upland property owners, including winter water views. The Water View Overlay Zone imposes dimensional requirements that may be more restrictive than the underlying zoning on sites where water views, including winter water views, are enjoyed by the public on adjacent rights-of-way and by adjacent and upland property owners.
B.
Applicability. Any building permit application to construct a new building; to replace or to expand an existing building; to construct any accessory building; to construct any accessory structure or add equipment onto the roof of a building or structure in the mapped Water View Overlay Zone shall require the prior granting of a special permit by the Planning Board, pursuant to the special permit procedures and standards set forth in §§ 331-88 and 331-89 of this chapter and submission of the proof required under this section, except that the following shall not require the granting of a special permit:
[Amended 6-19-2018 by Ord. No. 2018-121]
(1)
Replacement of a portion or all of an existing building within its existing footprint, exclusive of any unenclosed porches, decks and terraces, as permitted by the underlying zoning, provided none of such replacement creates a height of building in excess of the building's highest roof ridgeline.
(2)
Expansion or replacement of an existing building toward a side lot line, including a side lot line along a street, as permitted by the underlying zoning, which construction does not extend closer to such side lot line than the nearest point of the existing building to such side lot line, provided none of such construction creates a height of building in excess of the building's existing roof ridgeline.
(3)
Expansion or replacement of an existing building toward a front or rear lot line, as permitted by the underlying zoning, provided none of such construction creates a height of building in excess of the building's existing roof ridgeline. For buildings or structures with flat roofs, building height shall be taken from the top of the rafters of the flat roof or roofs. This exception shall not apply to front or rear yards that are not oriented perpendicular to the water where an improvement would obstruct an otherwise unobstructed view of the water.
[Amended 12-13-2018 by Ord. No. 2018-245]
(4)
Construction alongside an existing building of an unscreened patio or deck no higher than three feet in height above the existing underlying ground level.
(5)
Construction on an existing or proposed building of an open rooftop deck with Open Railings or illuminated posts no higher than 3 1/2 feet in height above such deck, provided the surface of the deck does not create a height of building in excess of six inches above the building's existing roof ridgeline. No vegetation, barbeques or other cooking equipment shall be allowed on any such open rooftop deck.
(6)
New vegetation planted and maintained so as not to exceed a maximum height of four feet, unless a water view would otherwise be obstructed by other waterside structures on site, in which case said vegetation shall not exceed the height of the other waterside structure.
[Amended 12-13-2018 by Ord. No. 2018-245]
(7)
New fencing that does not exceed a maximum height of four feet.
C.
Procedures, standards, and proof for special permit.
(1)
An applicant for a special permit required under this section shall submit proof to the Planning Board that the construction of a new building or replacement or expansion of an existing building on the site shall not block any significant existing water views, including winter water views, enjoyed by the public on adjacent rights-of-way and/or by adjacent and/or upland property owners, if such views are commonly and frequently enjoyed and easily accessible, including winter water views or if the loss of such view would negatively affect property values. This proof shall include, without limitation, visual demonstration on the applicant's property which identifies the height of the proposed construction or proposed planting. If the Planning Board determines that the special permit procedures and/or standards set forth in §§ 331-88 and 331-89 of this chapter have not been met and/or if the Planning Board determines that any significant existing water views, if such views are commonly and frequently enjoyed and easily accessible, enjoyed by the public on adjacent rights-of-way and/or by adjacent and/or upland property owners, including winter water views, are blocked, the special permit shall be denied.
(2)
Insofar as the protection of winter water views is also required, application for special permit approval shall be made at a time when the applicant can demonstrate that winter water views, due to the lack of leaves on deciduous trees and which are enjoyed by the public or private property owners, are not being significantly blocked.
(3)
If petitioned by the applicant, the Planning Board is authorized to grant a waiver to expand an existing building by a maximum distance of five feet beyond the front or rear lot setback line currently required by the underlying zoning district, if the Planning Board determines, after Special Permit public hearing, that such waiver will not significantly block any existing water views.
D.
Additional regulations. Prior to the issuance of a permit for demolition of an existing building or a portion thereof or for any alteration of the existing roof, the applicant shall submit a recent survey conduct by a licensed surveyor or engineer in order to establish the height of the existing roof ridgeline.
§ 331-85 Senior Citizen Zone (SC) District.
See § 331-28E(4).
A.
Purpose. The Senior Citizen Zone (SC) District is hereby established as an overlay zone with potential applicability to any property with underlying single-family, two-family and/or multifamily residence zones of maximum height of three stories of at least five contiguous acres in the City of New Rochelle. These provisions are enacted to provide for proper multifamily housing of the City's senior citizens. It is hereby recognized that the City has a high proportion of senior citizens, and, given present economic conditions, limited or fixed incomes, physical restrictions and the rapidly accelerating costs of maintaining a single-family residence, the City Council deems it necessary to provide for senior citizen multifamily housing within the City.
[Amended 1-17-2017 by Ord. No. 16-2017]
B.
The boundaries of each SC District shall be fixed by amendment to the Official City Zoning Map wherever this District is applied. A metes and bounds description of each such District shall be kept on file in the Office of the City Clerk. Although it is anticipated that SC rezoning applications will be submitted on a voluntary basis by applicants, the City Council may, on its own motion, rezone property into an SC District. Although this District is intended for sites of at least five acres, the City Council may consider applications for smaller properties and the Council reserves the authority to grant relief from applicable bulk zoning standards if special circumstances warrant, said circumstances to be provided by the applicant or the City Council.
[Amended 1-17-2017 by Ord. No. 16-2017]
C.
Occupancy restrictions. The SC Zone is primarily designed for the needs of senior citizens who prefer multifamily or the type of occupancy that requires certain facilities and amenities to meet their changing physical and fiscal needs, allow flexibility in design and, as defined in this chapter, promote preservation of open space.
D.
SC District use and bulk standards.
(4)
Density. Maximum density shall be 40 dwelling units per acre with a maximum FAR of .40.
(5)
General site criteria.
(a)
The site should be located within a convenient distance from a central business district or neighborhood business area (including waterfront business areas) which provides shopping, transportation and community facilities.
(b)
Due consideration shall be given to the existing neighborhood or sites on or near the site that is the subject of the application.
(c)
In areas that are primarily residential, the site shall be of sufficient size and shape so as to provide the required buffer areas which are intended to screen the development from adjacent residential properties.
E.
Review process. Application for development approval within a Senior Citizen SC District shall follow a two-phase review process:
F.
Application process.
(1)
Prior to proceeding with any application for the establishment of a SC District, the applicant shall first submit an application to the Commissioner of Development, along with the following supporting materials for the Commissioner's recommendation to the City Council:
(a)
An outline map of the proposed SC District, indicating the current zoning, size and location of each parcel.
(b)
A location map of the site in relation to the surrounding area showing all roads and key development features, including significant neighboring land uses and existing zoning district boundaries.
(c)
An analysis of the estimated development potential (yield) based upon existing zoning compared with that of the proposed the SC District.
(d)
A written statement describing the basic concept of the proposed plan, the general reasons why the applicant believes that approval of its application would further the legislative intent, purposes and goals of SC zoning, and any other supporting rationale or documentation.
(e)
A conceptual sketch plan map indicating the approximate quantity, nature and location of proposed land uses; the proposed open space system and its relationship to neighboring open spaces; the proposed principal means of access to the site and major elements of the site circulation system; the existing and proposed availability of mass transportation services, water supply and wastewater disposal.
(f)
Topography, showing existing contours and elevations at two-foot intervals. The plan shall further indicate the certification by a licensed land surveyor or professional engineer or registered architect that the topography shown resulted from an actual survey prepared by a NYS licensed surveyor and the date of that survey.
(g)
Street and road alignment and proposed parking areas.
(h)
Elevation of proposed buildings.
(2)
The City Council shall refer all applications for SC zoning designation to the Planning Board for review and report.
G.
Supplemental development standards.
(1)
Two-bedroom apartment units in a SC development shall not exceed 25% of the total number of units for that development.
(2)
No living units shall be permitted in a basement or cellar area.
(3)
An area or areas for outdoor recreational purposes shall be set aside exclusively for the use of the occupants and their guests unless the site is located downtown or recreation is provided within 200 feet. These areas may include, but are not limited to, sitting areas and group game areas. Such areas shall be shown on the site plan. A minimum of 150 square feet per dwelling unit of outside recreation must be provided, improved, constructed and maintained at the expense of the owner/landlord or homeowners' association. Landscaped areas not improved for recreational purposes and walkways, driveways and parking areas shall not be deemed to satisfy the requirements of this section. In addition, a minimum of 10 square feet per dwelling unit of indoor recreational area must also be provided. Such area shall not be used for storage or any such similar purpose and shall be available to all occupants and their guests. The indoor recreational area shall be central to the entire facility and may be either attached to a residential building or be in the form of a multipurpose community building or buildings with rooms sufficient to accommodate indoor recreational facilities, social gatherings, meetings, etc.
(4)
Due consideration shall be given in planning walks, ramps and driveways to prevent slipping or stumbling, and handrails and ample places for rest shall be provided. Gradients of walks shall not exceed 5% and single riser grade changes in walks shall not be permitted. All outdoor areas available to the residents shall permit such residents to move about without danger and with minimum effort.
(5)
The design and location of all site improvements and all buildings must be consistent with the ultimate purpose of achieving independent, self-reliant and pleasant living arrangements for older persons.
(6)
Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent masonry platforms which shall be well distributed to serve the development. All receptacles shall be suitably enclosed on three sides by opaque screening, and the open portion of the receptacle enclosure shall not be within 50 feet of any window in a habitable dwelling unit.
(7)
Artificial lighting of the grounds shall provide illumination sufficient for the convenience and safety of the residents. However, such outdoor lighting shall not project light onto adjacent properties. No outdoor light source shall be mounted or erected more than 10 feet above the ground level underneath it.
(8)
Provision shall be made for general storage of residents' bulky items, such as trunks.
(9)
Where full-time, twenty-four-hour superintendence services are not provided, a twenty-four-hour emergency phone number at which either managerial or maintenance personnel may be contacted shall be posted within each dwelling unit. In addition, the owner shall be required to make application for at least one public telephone to be conveniently located within the development. That telephone shall be mounted at an accessible height and be a TDD in compliance with CABO/ANSI standards in force at the time of construction.
(10)
Medical and social service office space may be provided where the service to be rendered is exclusively for the benefit of the residents of the SC development only.
H.
The City Council shall have the right to require that the applicant or owner execute such agreements and covenants as it may deem to be required. Said agreements or covenants shall be recorded in the County Clerk's office and constitute a covenant running with the land. Such covenant or agreement may be modified or released only as set forth in said covenant or agreement or by the City Council.
I.
Waivers. Where the provisions of this section conflict with the requirements for subsidized senior housing (such as the provision of amenities), the Planning Board may waive such requirements.
§ 331-85.1 Fifth Avenue Overlay Zone (FA).
[Added 12-10-2002 by Ord. No. 229-2002]
A.
Purpose. The Fifth Avenue Overlay Zone is established to improve the function, aesthetics, and accessibility of Fifth Avenue, Potter Avenue, Pleasant Avenue, Plain Avenue, and other streets contained within the area bounded to the north by Fifth Avenue, to the east by the City limit line, to the south by the New York State Thruway, and to the west by Potter Avenue, so as to phase out nonconforming buildings and uses and to promote attractive commercial, light industrial, and mixed-use residential development, which will complement and be compatible with City Park. Specifically the following objectives are encouraged:
[Amended 11-15-2016 by Ord. No. 233-2016]
(1)
Phase-out of incompatible, nonconforming uses:
(2)
Assembly of existing smaller lots into larger lots to create full-depth commercial and light industrial parcels between Fifth and Plain Avenues and between Plain Avenue and Pleasant Street.
(3)
Construction of attractive building facades along Fifth and Potter Avenues with off-street rear parking lots.
(4)
Development of mixed commercial uses on ground and upper floors of buildings, such as but not limited to artisans, trades, workshops, and showrooms.
(5)
Creation of off-street parking lots for shared parking between adjoining and neighboring principal uses.
(6)
Elimination of curb cuts and driveways to Fifth and Potter Avenues.
(7)
Application of enhanced street access, building design, off-street parking, landscaping, and buffering controls by the Planning Board to enhance the physical appearance of properties in the Fifth Avenue Overlay Zone.
(8)
Creation of a mixed-use district that includes live-work space in accordance with § 331-72C and small-scale manufacturers.
(9)
Development of multifamily residential uses not to exceed three stories.
B.
Permitted uses. Uses permitted by right in the underlying LI Light Industrial District with the exception of self-storage facilities.
[Amended 10-19-2021 by Ord. No. 2021-150]
C.
Permitted uses on Fifth Avenue. In addition to those uses permitted by right in the underlying LI Light Industrial District, the following uses shall be permitted by right in the Fifth Avenue Overlay Zone, excluding self-storage facilities, provided they front on Fifth Avenue or are located within 200 feet of the intersections of Fifth Avenue with Portman Road or Valley Place, respectively:
[Amended 11-15-2016 by Ord. No. 233-2016; 10-19-2021 by Ord. No. 2021-150]
(1)
Restaurants.
(2)
Restaurants, carry-out.
(3)
Banks.
(4)
Health clubs.
(5)
Self-service laundromats.
(6)
Dry cleaners where no dry cleaning is performed on the premises.
(7)
Multifamily apartment buildings.
(8)
Mixed-use commercial/residential with dwelling units located on the second floor and above.
(9)
Live-work units.
(10)
Retail sales and service establishments.
(11)
Adult-use cannabis retail dispensary located entirely within the ground floor of an enclosed building, subject to Liquor Store Hours, and as licensed by the New York State Office of Cannabis Management.
[Added 1-21-2025 by Ord. No. 2025-19]
(12)
Adult on-site cannabis consumption lounges located entirely within the ground floor of an enclosed building, operating during Restaurant, Bar and Tavern Hours, but not later than 11:00 p.m., and as licensed by the New York State Office of Cannabis Management.
[Added 1-21-2025 by Ord. No. 2025-19]
D.
Special permit uses. All the uses allowed as special permit uses in the underlying LI Light Industrial District shall be allowed as special permit uses in the Fifth Avenue Overlay Zone, with the addition of self-storage facilities, smoke shops as regulated in § 331-115.6, and adult on-site cannabis consumption lounges with extended hours as regulated in § 331-115.7.
[Amended 10-19-2021 by Ord. No. 2021-150; 1-21-2025 by Ord. No. 2025-19]
E.
Street access, building design, off-street parking, landscaping, and buffering guidelines. The Planning Board shall, in its site plan review of applications, consider street access, building design, off-street parking, landscaping and buffering for all new construction and expansion of existing buildings in the Fifth Avenue Overlay Zone. In accordance with existing regulations, site plan approval is required prior to the issuance of a building permit for the construction or enlargement of any principal use and prior to the issuance of a certificate of occupancy for any change of use or occupancy, which would result in an increase in the requirement for off-street parking or loading spaces and for any parking lot created or altered in accordance with the provisions of Article XIV of this chapter. The Planning Board is authorized, in its sole discretion in exercising site plan approval authority, to require that buildings not be set back greater than five feet from front property lines along Fifth and Potter Avenues; to prohibit curb cuts and driveways and to require the underground siting of on-site utilities of all properties fronting on Fifth and Potter Avenues; to require additional buffering, landscaping, and screening for all properties in the Fifth Avenue Overlay Zone; to require additional architectural detailing, mansard roofs, and fenestration (albeit faux) of building facades that front Fifth and Potter Avenues; to restrict loading and delivery areas along Fifth and Potter Avenues; and to permit alternate locations for required off-street parking facilities in accordance with § 331-126E(3) herein. The Planning Board may also reduce the total number of off-street parking and loading spaces required for all properties in the Fifth Avenue Overlay Zone, where the applicant demonstrates to the satisfaction of the Board that the capacity of a shared-use facility will satisfy the purposes of this zoning ordinance by reason of variation in the probable time of maximum use by visitors, patrons, deliverers and/or employees.
F.
Planning Board development incentives. In conjunction with site plan review of an application in the Fifth Avenue Overlay Zone located on a parcel of land containing not less than 10,000 square feet in gross site area, the Planning Board may, in its sole discretion, waive the front yard requirement on one of the two required streets for a through lot where the main entrance of the lot fronts on the street where the required front yard has been provided; increase the allowable floor area ratio (FAR) for such development from 1.0 to a maximum FAR of 3.25; increase the allowable building coverage from 60% to a maximum of 80%; increase the allowable impervious surface coverage from 90% to 100%; increase the allowable building height of two stories or 40 feet to a maximum of four stories or 55 feet in the underlying LI Light Industrial District, provided the proposed development shall achieve one or more of the following:
[Amended 5-20-2015 by Ord. No. 117-2015]
(1)
Phase out nonconforming uses;
(2)
Develop mixed commercial uses on ground and upper floors of buildings, such as but not limited to artisans, trades, workshops, and showrooms;
(3)
Create off-street rear parking lots behind the buildings fronting onto Fifth and Potter Avenues;
(4)
Create uses and structures that significantly increase the property and/or sales tax revenues benefiting the City and/or contribute to the creation of additional jobs, as compared to the existing uses and buildings on the site;
(5)
Assemble existing smaller lots into larger lots to create full-depth commercial and light industrial parcels between Fifth and Plain Avenues and between Plain Avenue and Pleasant Street; and
(6)
Provide other on-site or off-site public amenities and benefits which, in the opinion of the Planning Board, enhance the project or the neighborhood and outweigh any negative impacts created by the more permissive dimensional standards that may be granted by the Board.
G.
Conflicts between the Fifth Avenue Overlay Zone and the LI Light Industrial District. In the event of conflict between the requirements of the Fifth Avenue Overlay Zone and the LI Light Industrial District, the requirements of the Fifth Avenue Overlay Zone shall control.
H.
Mixed-use, multifamily residential, and live-work space in accordance with § 331-72C. To promote creation of a mixed-use district, mixed-use buildings, multifamily residential, and live-work space shall be permitted in the Fifth Avenue Overlay District. The following dimensional requirements apply to new construction of buildings that include commercial uses on the ground floor, such as, but not limited to, artisans, trades, workshops, and showrooms. Upper floors should include multifamily residential units and/or live-work space for artisans.
[Added 11-15-2016 by Ord. No. 233-2016]
(1)
Dimensional Requirements.
(a)
The maximum building height shall be 35 feet or three stories.
(b)
The maximum permitted floor area ratio (FAR) shall be 1.0.
(c)
The maximum permitted lot coverage shall be 35% for all buildings and 65% for all impervious surfaces.
(d)
Minimum floor area per dwelling unit shall be 400 square feet plus 200 square feet per bedroom.
(e)
Front yard setbacks shall be a minimum of 10 feet and a maximum of 25 feet.
(f)
Rear yard setbacks shall be a minimum of 30 feet.
(g)
Usable open space per dwelling unit shall be a minimum of 100 square feet.
§ 331-85.2 Central Parking Area (CPA) District.
[Added 5-21-2003 by Ord. No. 106-2003]
See § 331-28E(6).
§ 331-85.3 Downtown Overlay Zone. [1]
§ 331-85.4 Cultural District Extension Overlay Zone.
[Added 11-15-2016 by Ord. No. 233-2016]
A.
Purpose. The Cultural District Extension Overlay Zone is established to support the concepts, goals, and strategies of the Arts plus Cultural District Plan. The Cultural District Extension Overlay Zone is meant to permit and incentivize uses in close proximity to the New Rochelle Transit Center that promote the creation of housing, workspace, and programming that supports New Rochelle's arts and cultural community.
[Amended 9-19-2017 by Ord. No. 188-2017]
B.
Permitted Principal Uses. In addition to those uses permitted by right in the underlying zones, the following uses shall be permitted by right in the Cultural District Extension Overlay Zone:
[Amended 9-19-2017 by Ord. No. 188-2017]
(1)
Retail for on-site products, including arts-related products, except where the underlying zone is residential.
(2)
Artist work studios and workshops.
(3)
Artist work/live units with artist certification requirement.
(4)
Maker activities, including shared maker labs, studios, and workshops.
(5)
Art galleries, except where the underlying zone is residential.
D.
Special permit uses. All the uses allowed as special permit uses in the underlying zones shall be allowed as special permit uses in the Cultural District Extension Overlay Zone.
[Amended 9-19-2017 by Ord. No. 188-2017]
E.
Dimensional Requirements.
(1)
A minimum of 70% of the gross floor area shall be artist work/studio space and/or artist work/live housing and related common areas. A maximum of 30% of any project may be arts-related auxiliary uses, including educational space, gallery space, and retail that is produced on site, as per the underlying light industrial zoning restrictions. Permitted non-arts-related uses shall not include non-artist live (residential) or work/live spaces.
(2)
Artist work/live units.
(a)
Artist work/live units shall have a minimum of 400 square feet for the living unit.
(b)
Each living unit shall have a minimum of 100 square feet per unit provided as work space, either as individual studio space or as part of a common work space or maker space. This work space shall be provided as additional space in the living unit.
(c)
Artist work/live developments may include other shared or auxiliary spaces related to arts, culture and maker activities, such as workshop and tool spaces, storage spaces, and gallery spaces.
(d)
Gallery space must be provided for the benefit of all artist work/live units. Gallery space shall be a minimum of 150 square feet.
(e)
Artists renting or occupying work/live units must be certified artists by the City of New Rochelle through the City's artist certification program.
(3)
Art sales space accessory to and integrated with artist work and work/live spaces may occupy up to a maximum of 30% of the gross floor area.
F.
Parking Requirements.
(1)
Artist work space and maker space: one parking space per 500 square feet of gross floor area.
(2)
Artist work/live development: one parking space for every three artist work/live units plus one parking space per 500 square feet of gross floor area of the remaining project (excluding the work/live units and common area for these, and excluding the required work space/studio space for each of these work/live units).
G.
Development Incentives.
(1)
In the Cultural District Extension Overlay Zone, development that provides adaptive reuse of existing buildings and/or new construction for the use of artist work/studio space and/or artist work/live space as outlined above shall be eligible to receive development incentives as follows:
(a)
Increased height up to four stories total (from two stories allowable as of right in the current zoning of the Light Industrial District).
§ 331-85.5 Vanguard Overlay Zone.
[Added 10-15-2024 by Ord. No. 2024-165]
A.
Purpose. The Vanguard Overlay Zone is established to further economic development initiatives in the core of the City's downtown by permitting a variety of uses and activities that create vibrancy in an area supported by housing and transportation.
B.
Permitted Principal Uses. The Vanguard Overlay Zone overlays the DB, DMU, DMUR and MUFE Districts. All permitted principal uses in the underlying districts shall be allowed throughout the Vanguard Overlay Zone. Additionally, the following uses shall also be allowed:
C.
Permitted accessory uses. Accessory uses in the Vanguard Overlay Zone shall be allowed as permitted in the underlying zoning. Outdoor dining shall be allowed as an as-of-right accessory use and shall not be subject to the standards set forth in § 331-95.
D.
Special permit uses. Underlying special permit uses shall be allowed and may be applied elsewhere in the overlay zone, except as otherwise permitted, including the uses identified in § 331-85.5B above. Cabarets in the Vanguard Overlay Zone shall be allowed by special permit as set forth in §§ 331-83 and 331-113.2, and shall be subject to all other applicable state, county and local regulations.
E.
Dimensional requirements. Underlying dimensional requirements shall be applied in the Vanguard Overlay Zone.
F.
Additional regulations.