New Rochelle City Zoning Code
ARTICLE IX
Dimensional and Other Requirements
§ 331-62 DMU Downtown Mixed Use District.
A.
Definition. "Site area" shall mean in a phased development within the Lawton Street Urban Renewal Area, the combined lot area of all lots included in the development project area.
§ 331-63 DMUR Downtown Mixed Use Urban Renewal District.
§ 331-64 ROS Recreation Open Space District.
A.
Dimensional requirements.
(1)
The maximum building height shall be 35 feet.
(2)
The maximum length of structures shall be 120 feet.
(3)
Minimum required yards:
(a)
Front yards: 35 feet
(b)
Other yards: 20 feet when adjacent to any residential lot or district; otherwise no yard is required.
(c)
Special setback: Any area intended for concentrated outdoor activity shall be located at least 30 feet from any residential lot or district or shall be so screened as to provide visual and auditory privacy to such lot or district.
(d)
Required landscaping: All yards shall be landscaped in a manner consistent with the natural setting to be maintained in the ROS District and all front yards shall be treated as perimeter landscaped open space.
(4)
Maximum building coverage. The Planning Board, in approving the special permit for any cultural facility or any recreational building or pavilion, shall limit the total enclosed area of any building or pavilion to the minimum necessary in order to achieve a reasonable use of the property while maintaining the principal outdoor recreation and open space purpose of the district.
§ 331-65 WR Water Related District.
A.
Dimensional requirements.
(1)
The maximum building height for all water-dependent permitted and special permit uses shall be three stories and/or 35 feet.
(2)
The maximum permitted floor area ratio (FAR) shall be 1.0 for water-related permitted uses. For residential and water-related special permit uses, the maximum permitted FAR shall be 0.25.
(3)
The maximum permitted lot area coverage shall be 35% for special permit uses, including uses and structures accessory to a special permit use, except where parking is shared with a permitted use, in which case the maximum permitted lot area coverage for the special permit use shall be 40%.
(4)
Yard setbacks: 30 feet.
§ 331-66 PWD-3 Planned Waterfront Development - 3-story District.
See §§ 331-28B(6) and 331-46 through 331-54. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate based upon consideration of the particular circumstances of the individual application to satisfy the purposes as set forth in § 331-28B(6) hereof.
A.
Dimensional requirements.
(1)
The maximum building height allowed adjacent to East Main Street is three stories or 35 feet.
(2)
The maximum permitted floor area ratio (FAR) is 1.0 for all water-dependent permitted uses. All special permit residential uses and nonresidential uses shall have a maximum FAR of 0.40. (in PWD-3 District).
C.
Standards for nonresidential use.
(1)
Minimum lot size: three acres for office (business, professional and governmental).
E.
Design concepts and guidelines.
(1)
That pedestrian access and public uses be encouraged at the water's edge, and obstructions to waterfront access be removed and that view corridors from East Main Street be created and maintained. On properties owned by the City of New Rochelle, preference will be given to development proposals which create unobstructed views from East Main Street to Echo Bay and beyond.
(2)
That a minimum thirty-foot public waterfront walkway be provided at City Yard and the Armory, as well as on any other City owned properties, when redevelopment, relocation, etc., is undertaken.
(3)
That development be visually and acoustically buffered from nearby residential areas, including but not limited to a fifteen-foot landscaping buffer as regulated by § 331-119B.
(4)
That all structures, facilities, and public areas reflect a high-quality level of architectural expression and abundant landscaping be provided in order to achieve attractiveness, quality, and permanence.
§ 331-67 PWD-5 Planned Waterfront Development - 5-Story District.
See §§ 331-28B(6) and 331-46 through 331-54. The following standards are hereby established as the minimum/maximum requirements, as the case may be, but may be made more restrictive where such is determined appropriate based upon consideration of the particular circumstances of the individual application to satisfy the purposes as set forth in § 331-28B(6) hereof.
A.
Dimensional requirements.
(1)
The maximum building height allowed within 300 feet of East Main Street is five stories or 50 feet. The maximum building height allowed beyond 300 feet of East Main Street is three stories or 30 feet.
(2)
The maximum permitted floor area ratio (FAR) is 1.0 for all water-dependent permitted uses. The maximum permitted floor area ratio is .75 for all special permit residential units and nonresidential uses (in the PWD-5 District) as a mixed use. The maximum FAR shall not exceed 1.0.
C.
Standards for nonresidential use.
(1)
Minimum lot size: six acres for office (business, professional and governmental).
E.
Design concepts and guidelines.
(1)
That pedestrian access and public uses be encouraged at the water's edge, and obstructions to waterfront access be removed and that view corridors from East Main Street be created and maintained. On properties owned by the City of New Rochelle, preference will be given to development proposals which create unobstructed views from East Main Street to Echo Bay and beyond.
(2)
That a minimum thirty-foot public waterfront walkway be provided at City Yard and the Armory, as well as on any other City owned properties, when redevelopment, relocation, etc., is undertaken.
(3)
That development be visually and acoustically buffered from nearby residential areas.
(4)
That all structures, facilities, and public areas reflect a high-quality level of architectural expression and abundant landscaping be provided in order to achieve attractiveness, quality, and permanence.
§ 331-68 PWD-8 Planned Waterfront Development - 8-Story District.
A.
Design and development criteria.
(1)
Dimensional requirements.
(a)
The maximum building height allowed is eight stories.
(b)
The maximum allowed floor area ratio (FAR) for water-dependent permitted uses shall not exceed 1.0. For one-family, two-family, and multifamily residential use, including independent living senior developments, the FAR shall not exceed 0.75 and the density limit shall not exceed 22 dwelling units per acre. For all other water-dependent special permit nonresidential uses, the FAR shall not exceed 0.40. FAR shall be calculated separately for each use and shall not be cumulative for mixed-use projects.
(2)
Site coverage.
(a)
Open space. Total open space, which is both accessible and nonaccessible to the public, shall represent no less than 40% of David's Island's total upland area. No less than 25 % of the David's Island's total upland area shall be accessible to the public.
(b)
Vegetated buffers. As viewed from the mainland or Long Island Sound, David's Island shall provide the appearance of a horizontal hedge of vegetation and tree canopy which, between ground level and 30 feet above ground level, appears no less than 50% solid, so as to preserve the appearance of a heavily vegetated island and to reduce the vertical scale of buildings facing the mainland or Long Island Sound. Vegetation shall be salt-water-tolerant and reach its minimum required screening within 10 years of planting.
(c)
Setbacks. All buildings and structures, except those needed for a water-dependent use, shall be set back from the mean high-tide line a minimum of 35 feet where there is a seawall, or 80 feet where there is no seawall, in order to create a continuous waterfront yard area around David's Island, unless a greater setback is needed to provide the previously mentioned horizontal hedge of vegetation and tree canopy. Structures permitted within a waterfront yard area shall be durable, nonobtrusive, harmonious, and unified in terms of color and materials, including exterior lighting, walkways, fences, benches, signs, piers, and docks.
(3)
Traffic impacts.
(a)
Development on David's Island shall not result in mainland intersection traffic capacity below level of service "c" and any developer of David's Island shall improve the following intersections (if current level of service is less than "c"), that could be affected by new Island development:
Pelham Road and Weyman Avenue | |
Pelham Road and Church Street | |
Pelham Road and Centre Avenue | |
Pelham Road and North Avenue | |
Pelham Road and Franklin Avenue |
(b)
Level of service "c" is a delay at signalized intersections of less than 20 seconds and no more than 35 seconds per vehicle. It includes acceleration, queue move-up time, stopped delay, and final acceleration. It can be influenced by signal cycle length, the advantage or disadvantage to a lane from signal timing, and signal progression for vehicle movements.
(4)
Design requirements.
(a)
Overall design must minimize environmental impacts, including impacts on water quality, habitat, natural resources.
(b)
Roofs of buildings shall be designed to minimize the visibility of roof structures, mechanical equipment and other structures normally built above the roof. When possible, such roofs shall be used as patios, decks, and usable space in conjunction with an adjacent or adjoining use, but will not be considered as contributing to the open space requirement of 40%.
(c)
Existing topographical features shall be used and respected to organize land uses and building masses, as much as possible. Flood and coastal erosion hazards shall be mitigated in site design.
(d)
Setbacks, corner treatments, and other design details shall be used to minimize the sense of bulk of structures. Facade treatment, building materials, and ornamental elements shall be used as appropriate to enhance and restore Fort Slocum's historical waterfront context, complementing the character and scale of mainland buildings which commonly use red brick, stucco and concrete materials, have a maximum building height of eight stories, and provide variety in building heights and widths.
(e)
Future buildings shall reflect period styles and architectural details of existing National Register eligible buildings, such as by using Romanesque Revival porches, porticoes, round or segmentally arched openings, and decorative brickwork as accent building elements. Where existing building details can be salvaged, an attempt shall be made to preserve, display and incorporate these details in the design of public open spaces, such as in plazas, sculpture gardens, and entryways. The location and rectangular form of the parade grounds and walkways shall be considered in the layout of future buildings and open spaces.
(f)
Adaptive reuse of existing structures and features shall be encouraged when economically and technically feasible, in a unified development program.
(g)
Buildings and spaces shall direct views and pedestrian movements towards the water.
(h)
Visual access and recreational use of the waterfront perimeter shall be encouraged.
(i)
Any proposed marina should be located on the western edge of the Island because of the proximity to the existing navigational channels, the lack of underwater shoals, and the protection afforded from prevailing storms.
(5)
Access to David's Island.
(a)
Waterborne public transportation is the preferred means of providing access to David's Island. Access shall be provided by bridge only where the project proponent demonstrates, by competent financial evidence, that the proponent cannot realize a reasonable return by utilizing any other means of access to the Island.
(b)
Proposals must meet all design and development criteria, and at least the following standards:
[1]
The access means must not interfere with existing federal navigation channels, garages, access ramps, and streetlights, must have a minimal visual impact from existing or proposed public parks and public open spaces in New Rochelle and other municipalities with views of David's Island and from Long Island Sound.
[2]
Mainland access roads leading to the Island access point may be Glen Island Access Road, Fort Slocum Road, Drake Avenue, Pelham Road, Weyman Avenue and Drake Avenue. Other streets shall not be used. Traffic and noise shall be minimized.
[3]
New access roadways, including those on bridges or causeways, shall have a maximum design capacity of two vehicle lanes (one in each direction) and shall have bicycle paths and pedestrian walkways.
[4]
Design and construction of any access means, or any structure accessory to an access means, shall preserve the natural and horizontal character of the Long Island Sound landscape.
[5]
Design and construction of any access means or any structure accessory to an access means, shall respect existing topographical features and shall recognize and mitigate flood and coastal erosion hazards.
[6]
Structures providing access or associated with means of access shall be placed and designed in order to be as unobtrusive as possible and to minimize visual and environmental impacts. Consideration shall be given, but not limited to, design, water quality requirements, habitat protection, and appropriate texture, line, coloration and lighting.
§ 331-69 CR-1 College and College Related Uses District.
A.
Uses allowed by right, upon application for rezoning and approval by the City Council, following a public hearing as per procedures established in Subsection C for rezoning to District CR-1 from any existing zone.
(1)
College and college related uses such as: classroom buildings, buildings for college administrative office functions, buildings and/or facilities for athletics dormitories, and off-street parking facilities.
(2)
All uses shall be located on a parcel owned by the college, which parcel must be immediately adjacent to the existing college campus or other parcels designated CR-1.
B.
Dimensional requirements.
(1)
Upon recommendation of the Planning Board, and upon receipt and consideration of related studies, plans and other such documentation as Council may request, City Council shall determine appropriate floor area ratio.
(2)
Height shall be limited to highest point of the highest structure on proposed site. If there are no structures on the subject site, height shall be no higher than highest structure within a radius of 250 feet.
(3)
Upon recommendation of the Planning Board, and upon receipt and consideration of related studies, plans and other such documentation as the Council may request, the City Council shall determine appropriate length of building, appropriate coverage of lot, appropriate lot dimensions, appropriate yard dimensions, and appropriate off-street parking.
C.
Regulations applying to CR-1 District.
(1)
Council shall determine adequate screening and buffering between CR-1 use and any adjacent residential use.
(2)
Procedure for zoning designation.
(a)
College (applicant) submits to City Council, a formal application requesting rezoning of a specific parcel to CR-1.
(c)
City Council establishes proposes site-specific controls.
(d)
City Council schedules a public hearing on the rezoning application and proposed site-specific controls. The published public hearing notice shall include a description of all site-specific controls. All property owners within 250 feet of the parcel proposed for rezoning shall receive written notice of public hearing which shall include all specific site controls proposed which are on site. The site-specific controls approved by the Council shall become part of and attached to these zoning regulations and shall serve to satisfy the purposes enumerated in Article I, in particular to regulate and limit the height, bulk, and location of the proposed site. The notice shall be mailed, registered mail, return receipt requested, by the proponent of the rezoning at least 15 days before the date of the public hearing.
(e)
The City Council holds a public hearing.
(f)
Upon closing of the public hearing and completion of the SEQRA process, the City Council may approve the rezoning application and site-specific controls. Council approval shall be of rezoning of specific property with schedule of site-specific controls in the rezoning resolution or in a separate companion resolution.
(g)
Once rezoning and site-specific controls are approved by the City Council, any modification requested by an applicant must be approved by the City Council. There shall be no variance procedure other than Council action for parcels rezoned in the CR-1.
§ 331-70 C-1M General Commercial Modified District.
A.
Dimensional requirements.
(1)
The maximum building height shall be two stories or 30 feet.
[Amended 5-21-2003 by Ord. No. 106-2003]
(2)
The maximum permitted floor area ratio (FAR) shall be 1.0.
(3)
Screening and buffering yard setbacks: zero feet for front, side and rear yards. In addition to the minimum yard requirements set forth in § 331-45, any application to construct a building or structure within the C-1M District, shall provide for landscaping and screening along all streets and property lines in accordance with § 331-119B of this chapter, except at points of ingress and egress. In addition to the requirements of § 331-119B, an evergreen hedge shall be provided along the street frontage portion of a lot, the height of which shall be no less than two nor more than three feet. When abutting a residential property or district, a fifteen-foot wide landscape buffer will be required along the side and rear yards.
§ 331-71 NB Neighborhood Business District.
A.
Dimensional requirements.
(1)
The maximum building height shall be two stories or 30 feet.
(2)
The maximum permitted floor area ratio (FAR) shall be 0.5.
(3)
The maximum permitted lot coverage shall be 50%.
(4)
Yard setbacks: Where abutting a nonresidential district, the minimum yard shall be zero feet. Where abutting a residential district, the minimum yard shall be 20 feet.
§ 331-72 DB Downtown Business District.
A.
Dimensional requirements.
(1)
The maximum building height shall be six stories or 70 feet.
(2)
The maximum permitted floor area ratio (FAR) shall be 2.0.
(3)
The maximum permitted lot coverage shall be 100%.
C.
Residential/professional studio and/or residential/office uses. Residential units shall be permitted above the first floor which may contain a studio or office of a professional person, provided the following criteria are met:
(1)
Work and/or residential space shall not be subleased or used by anyone other than the legal residents of the unit.
(2)
The professional person or persons who inhabit the residence and no more than two nonresident persons may be employed in the studio or office.
(3)
Such uses shall contain a full kitchen and bathroom in full compliance with the Building Code of the City of New Rochelle.
(4)
The minimum livable floor area for such uses shall be 800 square feet and in no case shall it exceed 2,000 square feet.
(5)
At least 300 square feet of residential floor area shall be provided for each resident within the residential studio or office
(6)
Direct access between the residence and/or studio or office shall be provided.
§ 331-73 MUFE Mixed Use Family Entertainment District.
A.
Dimensional requirements.
§ 331-73.1 North Avenue Zone.
[Added 12-14-2010 by Ord. No. 203-2010]
A.
Dimensional requirements.
[Amended 6-18-2013 by Ord. No. 121-2013]
(1)
The maximum building height shall be three stories or 40 feet, whichever is lower.
(2)
The maximum permitted floor area ratio (FAR) shall be 2.0.
(3)
The maximum permitted building coverage shall be 70%.
(4)
The maximum permitted lot (impervious surface) coverage shall be 90%.
(5)
Building must have rear yard setbacks of 30 feet where the property abuts a residential district.
(6)
Commercial buildings in the NA District must front on North Avenue and provide suitable screening to any residential uses that abut commercial properties.
§ 331-73.2 NB-H Neighborhood Business-Hospital District.
[Added 3-15-2016 by Ord. No. 75-2016]
See §§ 331-28B(9) and 331-54.2.
A.
Dimensional requirements.
(1)
Maximum building height shall be seven stories or 75 feet.
(2)
Maximum permitted floor area ratio (FAR) shall be 4.0.
(3)
The maximum permitted lot coverage shall be 70% for all buildings and 90% for all impervious surfaces.
(4)
Yard setbacks. The minimum front yard setback shall be five feet unless waived by the Planning Board to line up with adjacent buildings. Buildings shall be set back 20 feet from a side yard and 30 feet from a rear yard of any adjacent residentially zoned parcel.
B.
Off-street parking requirements.
(2)
Where provided on-site, parking is prohibited from being located between a principal building and a municipal right-of-way, except for a corner lot, which may permit parking between a building and a street along one frontage, and parking to the side of the building on another frontage.
§ 331-73.3 NB-2.0 Neighborhood Business 2.0 District.
[Added 9-20-2018 by Ord. No. 2018-184]
B.
Off-street parking requirements.
(2)
Where provided on site, parking is prohibited from being located between a principal building and a municipal right-of-way, except for a corner lot, which may permit parking between a building and a street along one frontage, and parking to the side of the building on another frontage.
§ 331-74 LSR Large Scale Retail District.
§ 331-74.1 LSR-1 - Large Scale Retail District (1).
[Added 11-15-2016 by Ord. No. 244-2016]
A.
Dimensional requirements.
(1)
Maximum building height shall be 40 feet in an urban renewal area, otherwise 50 feet, and 100 feet if the property is more than 200 feet from a residential use.
(2)
Maximum permitted floor area ratio (FAR) shall be 1.0. FAR may be increased to 4.0 if the property is more than 200 feet from a residential use.
(3)
Maximum permitted lot coverage shall be 95% for all buildings and 100% for all impervious surfaces.
B.
Signs in the LSR-1 District. Notwithstanding any provision of Chapter 270 of the City Code, in the LSR-1 District, signs for any permitted use in any building or group of buildings operated as a unified, single commercial development may be located on any lot within such unified, single commercial development, regardless of the ownership of such lots.
C.
Parking in the LSR-1 District. The Planning Board may grant an application for shared parking if it determines that the peak demand for all uses is sufficiently distinct so that there will rarely be an overlap of parking demand.
(1)
Notwithstanding any provision of this Chapter, in the LSR-1 District, where a building or group of buildings is operated as a unified, single commercial development, up to 1/3 of the required number of parking spaces for any use or uses on any lot on which the development is located may be provided on an adjacent lot on which the development is located, provided that the total number of required parking spaces shall not be reduced thereby, regardless of the ownership of such lots. The continued availability of such parking spaces for the uses served shall be assured by a legal instrument, in form and substance satisfactory to the Corporation Counsel, which shall be recorded in the Westchester County Clerk's office.
(2)
Parcels with two or more uses. Notwithstanding any provision of this Chapter, in the LSR-1 District, where it can be demonstrated to the satisfaction of the Planning Board that one or more uses in any building or group of buildings operated as a unified, single commercial development will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board, upon recommendation by the Commissioner of Development, may reduce the total parking requirement by up to 15% when, in its judgment, it will prevent frequent parking on the street by persons working at or visiting the development.
§ 331-75 LI Light Industry District.
A.
Dimensional requirements.
(1)
The maximum building height shall be 40 feet, or 55 feet where a development includes a municipal use.
[Amended 10-20-2015 by Ord. No. 203-2015]
(2)
The maximum permitted floor area ratio (FAR) shall be 1.00, or 4.0 feet where a development includes a municipal use.
[Amended 10-20-2015 by Ord. No. 203-2015; 12-12-2017 by Ord. No. 253-2017]
(3)
The maximum permitted lot coverage shall be 60% for all buildings and 90% for all impervious surfaces, or 80% for all buildings and 100% for all impervious surfaces where a development includes a municipal use.
[Amended 10-20-2015 by Ord. No. 203-2015]
§ 331-75.1 LI-H Light Industry Hotel District.
[Added 10-16-2018 by Ord. No. 2018-218]