Pelham City Zoning Code
ARTICLE XV
Prohibited Uses; Supplementary Regulations
§ 98-98 Prohibited uses.
A.
No building, structure, lot or land in any district in the Village of Pelham shall be used for any one or more of the following uses:
(1)
Any trade, industry or use which is noxious or offensive by reason of the emission of smoke, noise, gas, odor, dust, vibration, radiation or excessive light beyond the limits of its lot or by reason of generating excessive traffic with attendant hazards so as to be dangerous or prejudicial to the public health, safety, convenience or general welfare.
(2)
Any industry utilizing over 75 total horsepower of power from any source or over 100 pounds per square inch of steam pressure.
(3)
Any open storage of building materials, stone, lumber, coal, other fuels or other materials or products or parking of motorized or mechanized equipment.
(4)
Wholesale storage or warehouse building or sales of material at wholesale, other than by an office which maintains no wholesale stock on the premises.
(5)
Retail sale of household fuel and building materials as the major business on the lot, other than by an office which maintains no wholesale stock on the premises.
(7)
Golf driving range.
(8)
Miniature golf.
(9)
Public dance hall, bowling alley, billiard parlor.
(10)
Swimming pool club.
(11)
Amusement park or circus.
(12)
Livery stable.
(17)
Open-front store or cart or wagon designed for sales of food, beverages or other products to customers outside a building, whether upon the premises or on the public street or sidewalk unless it is an ice cream truck with a permit issued pursuant to § 68-32 of the Code of the Village of Pelham.
[Amended 11-21-2006 by L.L. No. 5-2006]
(19)
Outdoor wholesale or retail sales establishment, other than for seasonal sale of Christmas trees and similar horticultural products.
(20)
Outdoor storage and/or sale of secondhand vehicles.
(21)
Auction sales room.
(23)
Domestic animal boarding establishment.
[Amended 5-18-1993 by L.L. No. 1-1993]
(24)
The keeping of chickens, pigeons or other barnyard fowl or of any animal other than domestic dogs or cats as family pets.
(29)
Helicopter landing pads.
§ 98-99 Supplemental regulations.
§ 98-100 Filling stations, public garages and service stations.
A.
No part of any building used as a filling station, public garage or service station, and no filling pump, lift or other service appliance, shall be constructed within 15 feet of any lot line and 25 feet of any boundary of any residence district.
B.
At a filling station, public garage or service station, the washing of motor vehicles shall be incidental to other services and shall be performed entirely within a structure, and no washing water shall be allowed to run over the sidewalk.
C.
No motor vehicles shall be serviced on or over a public sidewalk.
D.
Gasoline pumps may be adequately illuminated, but such illumination must be discontinued when the station is closed.
E.
Gasoline price cards and other small signs which are standard equipment on gasoline pumps are permitted subject to the provisions of § 77-8F(2) of Chapter 77 of the Code of the Village of Pelham.
F.
One oil can rack not exceeding four feet in height and three feet in length may be installed on each pump island.
G.
No portable or temporary tire racks may be used outside of any building. Permanent, enclosed tire racks may be constructed in accordance with plans which shall be approved by the Board of Trustees of the Village of Pelham prior to construction. Such storage racks shall not be used for advertising or for merchandise display. Pelham prior to construction. Such storage racks shall not be used for advertising or for merchandise display.
H.
No filling station, public garage or service station shall merchandise any goods or wares, including food, food stuffs and other related food commodities of any kind or description which are usually and generally sold in food stores, with the exception of cigarettes, candy and soda, which may be sold and dispensed from within the main building only.
[Added 8-5-1986 by L.L. No. 4-1986]
§ 98-101 Accessory buildings.
A.
B.
In a Residence A-1 District, no accessory buildings shall be erected within five feet of any side or rear lot line. A private garage for not more than two noncommercial cars may be built across a common lot line by mutual agreement between the owners of adjoining lots.
C.
In a Residence A-2 District, no accessory building shall be erected within three feet of the rear lot line nor within three feet of any side lot line.
D.
In any residence district other than A-1 and A-2, no accessory building shall be erected within two feet of the rear or any side lot line.
E.
In any residence district, accessory buildings may occupy, in the aggregate, not more than 10% of the area of the lot or not more than 35% of the area of the rear yard, whichever is the more restrictive. In any case, the total area of all accessory buildings shall not exceed 550 square feet.
[Amended 2-6-2007 by L.L. No. 2-2007]
F.
No accessory building in any residence district shall exceed 15 feet in height.
G.
No accessory building shall be used for residence purposes.
H.
In any office or business district, accessory buildings other than parking garages may occupy, in the aggregate, not more than 10% of the lot or not more than 50% of the area of the rear yard, whichever is the more restrictive.
I.
No accessory building shall be erected prior to the erection of the main building to which it will be accessory.
§ 98-102 Height regulations.
[Amended 5-6-2003 by L.L. No. 3-2003]
The height of a structure shall not exceed standards applicable for each district, except that:
A.
Any elevator or stair bulkhead shall not exceed 20 feet above the maximum height otherwise permitted and shall not occupy more than 10% of the total roof area.
B.
If the Board of Trustees finds that one or more of the following items would enhance the aesthetics and architecture of the building and is compatible with the architecture of adjacent or nearby structures, it may permit a spire, belfry, dome, flagpole, chimney, tower, turret, steeple, weather vane, or lightning rod (and not including television, radio, or wireless communication antennas) or other similar structure to be erected to a height in excess of the restrictions on building height, provided that no such structure or combination of structures shall:
(1)
Have a lot coverage in excess of 10% of the lot area;
(2)
Have any sign bearing lettering or commercial advertisement of any kind.
(3)
Except for a spire, steeple or similar structure on a place of worship, exceed the height limit by more than 25%; or
(4)
Have a width that is more than 30% of the width of the facade of the building to which it is connected.
C.
If the Board of Trustees finds that a parapet wall, pitched roof, cornice, or similar architectural feature would enhance the aesthetics and architecture of the building, it may permit the feature to be erected to a height of not more than six feet above the maximum height.
§ 98-103 Lot area and lot width.
§ 98-104 Yard requirements.
A.
In all districts, through lots lying wholly or partly within any district in which a front yard is required shall be considered as having two frontages and shall be subject to the front yard regulations for the respective districts within which their front yards are situated.
B.
Whenever the provisions of a building line ordinance require a greater front yard depth or a greater side yard width on the street side of a corner lot or impose restrictions more extensive than are required by this chapter, the provisions of such building line ordinance shall govern.
C.
In any residence district where 25% of the block frontage within 200 feet of a proposed building is already improved with buildings, the front yard at the front of such proposed building shall be required to exceed the minimum dimensions stipulated in this chapter for the district in which it is situated in cases where the average alignment of the two nearest buildings within such 200 feet exceeds such minimum dimension. Such front yard shall extend to such average alignment; provided, however, that in no case shall such front yard be required to exceed by more than 10 feet the minimum required front yard prescribed for the district in which such building is situated. The provisions of this subsection shall not apply to the required side yard on the street side of a building situated on a corner lot.
D.
The space in a required front yard shall be open and unobstructed, except for:
E.
Every part of a required yard shall be open to the sky unobstructed, except for:
(1)
Any accessory buildings in a rear yard.
(2)
The ordinary projections of sills, belt courses, cornices, eaves and for ornamental features projecting not to exceed six inches.
(3)
A window or unenclosed porch not exceeding 10 feet in width and projecting not more than five feet from the building line in a front or rear yard.
F.
Open or lattice-enclosed fire escapes, required by law, projecting into a yard not more than five feet and the ordinary projections of chimneys and pilasters shall be permitted by the Building Inspector when placed so as not to obstruct light and ventilation.
G.
Fences and walls meeting the requirements set forth below may be installed or constructed upon obtaining a permit from the Building Department or a special permit from the Zoning Board of Appeals pursuant to Subsection G (5) hereof, if applicable.
[Amended 10-17-1989 by L.L. No. 3-1989]
(1)
Fences and walls along a lot line of a residential lot abutting a nonresidential lot shall not exceed six feet in height and may be 100% solid.
(2)
Fences and walls located within or enclosing all or any part of a rear yard shall not exceed six feet in height and shall not be more than 75% solid. For purposes of this subsection, the longer of two unequal rear yards between adjoining residential properties shall be used to measure the rear yard for a fence or wall on the lot line between such properties.
(3)
Fences and walls on the rear lot line of a vacant lot shall not exceed six feet in height and shall not be more than 75% solid.
(4)
Fences and walls located within or enclosing all or any part of a side yard or front yard or in a lot line abutting a street, subject to the provision of Subsection H hereof, shall not exceed four feet in height and shall not be more than 50% solid.
(5)
where, because of lot configuration or on corner lots or vacant lots or because of topography or any other reasons, the strict application of these provisions can not be followed or will cause a conflict between the various provisions as applied to a particular lot, the Board of Appeals shall determine which limitations apply based on the general criteria set forth herein and shall issue a special permit in accordance with the provisions of § 98-133C.
(6)
The finished side of any fence or wall shall face the adjacent lot or Street, except along a lot line adjoining a commercial lot.
(7)
The above provisions do not apply to the installation, construction or modification of any retaining walls.
H.
On corner lots in Residence A-1, A-2, A-3, B-1 or B-2 Districts, the triangular area described below shall be maintained to help pedestrians and motorists see oncoming traffic as they approach the intersection. This triangular area is defined by connecting three points: the point where the two curblines would intersect, and on both curblines the point located 20 feet from the intersection of the two curblines. Within this triangular area it is:
[Amended 11-13-2007 by L.L. No. 7-2007]
(1)
Impermissible to erect walls, fences or other structures to a height more than 30 inches above the level of the curb;
(2)
Impermissible to create a driveway or parking area or to park a vehicle or place any object or other obstruction that is more than 30 inches above the level of the curb;
(3)
Required than all hedges, shrubs and all other vegetation be trimmed to a height no more than 30 inches above the level of the curb with the exception of trees that have no branches less than 10 feet above the roadbed.
§ 98-105 Courts.
A.
In all districts, the least horizontal dimension of an inner court at its lowest level shall be not less than the larger of the following two dimensions:
B.
In all districts, the least width of an outer court at its lowest level shall be not less than the largest of the following three dimensions:
C.
In all districts, the horizontal depth of an outer court shall not exceed one and one-half (1 1/2) times its least width.
§ 98-106 Swimming pools.
A swimming pool or wading pool, accessory to the residence on the same lot, either permanent or above ground temporary, may be installed or constructed in any residence district subject to a special permit by the Board of Appeals in accordance with the provisions of § 98-133C and the requirements set forth hereinafter:
A.
The Board of Appeals shall not authorize the issuance of any permit under the provisions of this section unless it finds in each individual case that the proposed use of the property or structure:
(1)
Will not tend to depreciate the value of the property in the Village;
(2)
Will not create a hazard to health, safety, morals or the general welfare;
(3)
Will not be detrimental to the neighborhood or to the residents thereof;
(4)
Will not alter the essential character of the neighborhood; and
(5)
Will not otherwise be detrimental to the public convenience and welfare.
B.
No swimming or wading pool shall be installed or constructed or maintained except under the following conditions:
(1)
It shall be for the exclusive private use of the occupant of the dwelling on the same lot, his family and nonpaying guests. At least one-third (1/3) of the people using the pool must be residents of the building to which it is accessory, and the maximum number of bathers in a given pool shall be restricted to one bather for each 25 square feet of surface water.
(2)
Its use shall be consistent with the health, safety, morals and public welfare of the community, and it shall not unduly interfere with the peace, comfort and repose of occupants of the adjoining properties. No pool shall be used between the hours of 10:00 p.m. and 8:00 a.m.
(3)
The edges of related pools, aprons or other related construction shall not be installed within the required front yard or within five feet of the side or rear lot lines if the lot width is less than 75 feet nor, except as specified hereinafter, within 10 feet of the side or rear lot lines if the lot width is 75 feet or more. On lots with a width of 75 feet or more, the ten-foot minimum dimension to the edge of a pool or related construction may be reduced to five feet if written consent is obtained from all known property owners within 200 feet from the lot lines of the property on which the pool is located and if such written consents are properly filed with the Village Building Committee as a permanent record.
(4)
A nonclimbing fence with an effective height of not less than four feet shall be erected and maintained not more than 20 feet distant at any one point from the outside edge of the swimming pool. The fence shall have a self-closing gate which shall be locked with a tumbler type lock when the pool is not in use.
(5)
No light shall be located more than seven feet above ground level. All lights shall be shielded and directed toward the ground in order to eliminate glare and reflection. No light of any kind shall be used between the hours of 10:00 p.m. and 8:00 a.m.
(6)
Operation, maintenance and construction of the pool shall conform in all respects to state, county and local building, plumbing, electrical and sanitation codes and regulations enforced in the Village of Pelham and specifically Sections P316-2, P316-3, P316-4 and P316-5 of the New York State Building Construction Code applicable to swimming pools.
(7)
The discharge of wastewater and pool drainage shall be through appropriate piping to the sanitary sewer or the storm sewer. Fresh water shall be added to the pool in such a manner as to prevent the entrance of pool water into the potable water system, either public or private.
C.
The provisions of this § 98-106 shall not be deemed to prohibit or regulate the use of small portable pools of a size not exceeding 30 square feet in area or one foot in depth, which pools are emptied and refilled with each use and at least once a day.
D.
Application requirements.
(1)
Any application for a permit under this section shall include a hold-harmless agreement in writing wherein the applicants agree to indemnify and hold harmless the Village of Pelham for any damages or personal injuries sustained by any person or persons as a result of the use of a swimming pool or wading pool and shall further contain an agreement in writing by the applicants that in the event said swimming pool and the use thereof is abandoned by the owner of the property, that said owner shall remove said swimming pool and restore the topography of the land to its original condition.
(2)
Applicants shall further evidence a service contract annually of their choice in writing which shall require periodic testing of the pool water for bacteria count by a duly authorized private or public concern or agency approved by the State Commission of Health.
§ 98-106.1 Satellite earth station.
[Added 11-20-84 by L.L. No. 9-1984]
A.
A satellite earth station, accessory to the principal building or structure on the same lot, may be installed or constructed in any residential, office or business district subject to a special permit by the Board of Appeals in accordance with the provisions of § 98-133C and the requirements set forth hereinafter.
[Amended 6-21-1988 by L.L. No. 2-1988; 10-17-1989 by L.L. No. 5-1989]
B.
No satellite earth station shall be installed or constructed or maintained except under the following conditions:
(1)
It shall be for the exclusive private use of the occupant or occupants of the building or structure on the same lot, and no separate fee shall be charged for viewing any broadcast received by such station.
[Amended 10-17-1989 by L.L. No. 5-1989]
(2)
A freestanding satellite earth station shall be located only to the rear of the principal building or structure on the lot and, notwithstanding other provisions in this chapter to the contrary, shall not be located any nearer any property line than permitted for a principal building in the district in which it is located.
(3)
No part of a freestanding satellite earth station shall exceed a height of six feet. Dish antennas located on a building shall not exceed more than six feet in height above the highest point of the roof.
[Amended 6-21-1988 by L.L. No. 2-1988]
(4)
The location and design of the satellite earth station shall reduce to a minimum the visual impact, the nuisance and distractive influence on surrounding properties or streets through the use of structures, architectural features, earth berms, screening and/or landscaping that harmonize with the elements and characteristics of the property. The material used in the construction of the antenna shall not be unnecessarily bright, shiny, garish or reflective.
§ 98-106.2 Veterinary hospital.
[Added 5-18-1993 by L.L. No. 1-1993; amended 10-19-1993 by L.L. No. 2-1993]
A.
A building or structure may be used as a veterinary hospital subject to a special permit of the Board of Appeals issued in accordance with the provisions of § 98-133C and the requirements set forth hereinafter.
B.
The Board of Appeals shall not authorize the issuance of any permit under the provisions of this section unless it finds in each individual case that the proposed use of the property or structure shall:
(1)
Not create a hazard to health, safety, morals or general welfare and shall conform to all applicable federal, state, county and local health and safety codes.
(2)
Not keep animals overnight(s) unless necessary to facilitate diagnoses, treatment or recuperation, and all areas for holding animals shall be within the confines of the building.
(3)
Be constructed with sufficient internal sound-absorbing materials so as to minimize noise emanating from the premises.
(4)
Provide for dispersing odors which are emitted from the building in a manner which will minimize their impact.
(5)
Provide space for waiting room, doctors' offices, operating room, holding of animals, storage and administrative functions.
(6)
Provide parking for all employees in municipal parking facilities.
(7)
Provide sufficient off-street parking for patrons either on site or elsewhere.
§ 98-106.3 Business District Floating Zone.
[Added 4-18-2017 by L.L. No. 2-2017; amended 8-2-2022 by L.L. No. 6-2022]
A.
Legislative findings and purpose.
(1)
The Board of Trustees finds that encouraging property owners to develop mixed-use commercial, office, retail and housing projects within the Village's downtown core, particularly those involving dedicated senior housing, will activate Village street life, enhance walkability, promote the Village's culture, enhance the real property tax base, and better utilize existing public services; that there are opportunities within the Village's downtown core to use vacant and underutilized property more efficiently to reinvigorate the Village's downtown area; that creating incentives for higher density development within the Village's downtown core will be more cost-effective because it will use infrastructure that already exists and thereby avoid the need to create additional costly infrastructure; and that those incentives will allow for development within the Village's downtown core that will preserve, complement and be compatible with the character, massing, and scale of adjacent residential land uses.
(2)
There is hereby created, therefore, a Business District Floating Zone (BDFZ), the purposes of which are to create a stronger and more competitive downtown and encourage redevelopment in the Village's central core and main commercial corridors by facilitating appropriately scaled higher density mixed-use development in the Village's downtown core which will allow a mix of residential and street-level commercial uses that are complementary to the existing community scale and fabric in areas of the Village with access to public transit, existing infrastructure, and community services.
B.
Authority of the Board of Trustees. In addition to development permitted under the other provisions of this chapter, the Board of Trustees may permit and grant site plan approval, in accordance with the provisions of this section, for development on any property in the Business-1, Business-2 or Business-3 District. In addition, property zoned Residence M or Residence M-1 zoning districts that adjoins and is in the same ownership as property in the Business-1 or Business-2 zoning district may be developed jointly with the property in the Business-1 or Business-2 zoning district under this section, as long as the development on the adjoining property is secondary to the development on the primary lot. In no event may the Board of Trustees permit development under this section on any adjoining property which involves the aggregation of lots which are under separate ownership on the date on which this law becomes effective.
C.
Approval process. An application for development permitted under this section must be commenced by submitting to the Building Inspector a declaration of intent to develop form accompanied by the information required by § 79-8, submitting the application to the Planning Board and Architectural Review Board for a recommendation consideration in accordance with § 79-6A for a recommendation to the Board of Trustees, and paying the fee required by the schedule of fees of the Village of Pelham. The Planning Board and Architectural Review Board will hold presubmission conferences as provided in § 79-6A(2) within 45 days of the submission to the Building Inspector. The Building Inspector will forward the application to the Board of Trustees, along with any comments from the Planning Board and the Architectural Review Board, within five working days after the presubmission conferences are completed. The Board of Trustees must hold a public hearing on the application within 60 days of the date on which it determines that the application is substantially complete. The applicant must provide notice of the public hearing as required by § 79-6F. The Board of Trustees will consider applications for site plan approval under this section in accordance with the standards established by § 79-5. If the Board of Trustees approves the application, the applicant must comply with § 79-6J.
D.
Eligibility. In order to be eligible for approval under this section, the lot area of the proposed development must be not less than 4,000 square feet and the lot width must be not less than 40 feet.
E.
Development regulations. Development will be governed by the lot and bulk regulations established for the zoning district in which the property is located, except that regardless of those regulations:
(2)
Lot coverage. Lot coverage on the ground floor may be as much as, but may not exceed, 80% of the lot area. Notwithstanding the foregoing, the Village Board may, in its discretion, increase the allowable lot coverage on a building site up to 100%, if the Village Board determines that the development includes public parking that will improve access to, enhance the convenience of and/or increase the safety of the downtown area.
(3)
Yards. No side or rear yard is required, unless the Board of Trustees finds that a rear yard or side yard is necessary to ensure compatibility with abutting land uses. If the Board of Trustees requires a rear yard or side yard, the side yard or rear yard must be in the dimension required for the zoning district in which the property is located. The requirements of § 98-64 will not apply, but the Board of Trustees must ensure adequate access to a proposed building for fire/rescue and public safety purposes and may require suitable pedestrian access across any lot contiguous to a lot proposed to be developed.
(4)
Height. The height of any single-family dwelling or two-family dwelling may not exceed 35 feet or 2 1/2 stories; the height of any multifamily, commercial, office, or mixed-use building may not exceed 60 feet or five stories; and the height of any townhouse may not exceed 40 feet or three stories. To ensure compatible development, the Village Board may further limit the height of townhouses to the height of any residential structures in the neighboring residential zoning districts. §§ 98-6, 98-102B and 98-106.3E(4) of this Code notwithstanding, the Village Board may allow an antenna array, attachment structure, attached wireless telecommunications facility and/or equipment facility as defined in § 87-3 of this Code on the roof of the building if the antenna array and/or attachment structure, attached wireless telecommunications facility or equipment facility is the subject of a lease with the Village in effect as of January 1, 2022 or a lease with another party in substitution for a lease with the Village in effect as of January 1, 2022.
(5)
Notwithstanding the height limitations established by § 98-106.3E(4), the Board of Trustees may allow a maximum building height of six stories or 65 feet for a multifamily building if the proposed building is fenestrated with transparent windows and doorways which allow visibility to the inside of the building for no less than 60% of the street frontage at the ground level and includes a nonresidential use, such as a retail, restaurant, commercial, office or civic uses, or an ancillary, nonresidential use, such as a meeting room or common amenity room, at the street level in an otherwise residential building that qualifies as age-restricted housing. A building qualifies as age-restricted housing if at least 80% of the occupied units are occupied by at least one person 55 years of age or older; the owner or management of the building publishes and adheres to policies and procedures that demonstrate an intent to provide housing for persons 55 years or older; and the building complies with rules issued by the Secretary of Housing and Urban Development for verification of occupancy through reliable surveys and affidavits.
(6)
Minimum lot area per dwelling unit. The minimum lot area per dwelling unit will be 500 square feet. Notwithstanding the foregoing, the Village Board may, in its discretion, decrease the minimum lot area per dwelling to 400 square feet, if the Village Board determines that the development includes public parking that will improve access to, enhance the convenience of and/or increase the safety of the downtown area.
(7)
Usable open space. The proposed development must provide, on site and in the aggregate for the building, a minimum of 25 square feet per dwelling unit of usable open space, such as terraces, patios, rooftop decks and other similar facilities.
(8)
Parking. The proposed development must provide one parking space per dwelling unit for residential uses and parking as required by § 98-113 for nonresidential uses, except that the Board of Trustees may waive the parking requirement, in whole or in part, if the proposed development creates additional new on-street parking, such as by eliminating existing curb cuts or adding diagonal parking; the Board of Trustees has adopted a comprehensive plan for adding more parking and has established a separate parking fund for creating new parking and the developer contributes to the parking fund an amount deemed sufficient by the Board of Trustees to create parking that will be reasonably available to serve the proposed development; or the Board of Trustees determines that the anticipated number of persons frequenting or using the proposed development will be substantially below that typically associated with the proposed use. Parking for nonresidential uses must not be visible from the street unless no alterative design is reasonably possible.
(9)
Design guidelines. The Board of Trustees must consider following design guidelines in the review of a proposed development:
(a)
Design features should be included that enhance the visual aesthetic and pedestrian experience, such as streetscape improvements, attractive lighting, benches, variation of façade and building materials, landscaping, and suitable building and parking orientation;
(b)
Massing, height, scale and architectural character should be compatible with, and not negatively alter the character of, abutting uses, particularly existing development located on or near the perimeter of the property;
(c)
All proposed structures allowed under § 98-106.3 must be well integrated with adjacent lower scaled residential neighborhoods with respect to massing, setbacks, building orientation, and encourage shared or private landscaped side and rear yards, especially when adjacent to lower density residential uses;
(d)
Nonmotorized transportation facilities, such as on-site bicycle racks and storage space, should be provided;
(e)
New public open space or connections to existing open spaces, as applicable, should be included;
(f)
Appropriately scaled green infrastructure to improve stormwater management, such as rain gardens, green roofs, and cisterns, should be provided; and
(g)
The application should include a plan for maintaining the design features after construction is complete.
F.
Other conditions. The Board of Trustees may impose such other conditions as it deems appropriate.
G.
The provisions of this section are hereby readopted. The Village Board will review amendments to § 98-106.3 of the Code of the Village of Pelham effected by this section no later than March 31, 2027. The amendments will expire unless they are readopted by a majority vote of the members of the Village Board prior to March 31, 2028. The Village Clerk is directed to revise the Code accordingly if the amendments expire as provided in this section.
§ 98-106.4 Authority to modify zoning requirements in connection with subdivision and redevelopment.
[Added 4-18-2017 by L.L. No. 3-2017]
A.
Authority to modify zoning requirements. In order to enable and encourage flexibility of design and development of land in such a manner as to preserve its natural and scenic qualities, protect areas of meaningful ecological value, reduce flood hazards, facilitate the adequate and economical provision of streets and utilities, minimize negative environmental impacts, improve the aesthetic quality of new residential developments, encourage the conservation of energy, increase recreational opportunities and otherwise promote the planned and environmentally desirable use of land, the Board of Trustees may, simultaneously with the approval of a subdivision plat of not more than 10 lots, modify the otherwise applicable provisions of this chapter with respect to minimum lot size, lot width, lot coverage, yard requirements, and frontage requirement in connection with the subdivision and redevelopment of any property if it finds that development of the property without such restrictions benefits the Village by protecting natural features and open space resources or otherwise.
B.
Development standards. Except as modified by the Board of Trustees, all regulations normally applicable to residential uses in the zoning district in which the property is located will continue to apply, along with the following requirements, which are hereby established specifically for developments proposed under this section:
(1)
Permitted uses. The permitted uses and accessory uses permitted within the development must be the same as those permitted in the zoning district in which the property is located, except that two-family, multifamily and townhouse dwelling units are permitted in any zoning district in which any residential use is permitted.
(2)
Number of permissible units. The number of dwelling units or building lots (in a development of detached one-family dwellings) may not exceed the number which could be permitted, in the judgment of the Board of Trustees, if the land were subdivided into lots conforming to all normally applicable requirements of this chapter, as determined on the basis of a sketch layout of a conventional subdivision, prepared and submitted by the applicant, which includes topographic information and such other data as may be reasonably required.
(3)
Common lands and facilities. If the subdivision results in any common lands or facilities, the Board of Trustees will impose such conditions as it deems appropriate with respect to those areas.
§ 98-107 Outdoor dining.
[Added 10-24-2023 by L.L. No. 4-2023]
A.
Intent and purpose. It is the intent of the Village Board to permit by the Village Board special permit outdoor dining on areas other than a sidewalk as an accessory use in conjunction with and adjacent to a principal building used solely as a food service establishment. The purpose of this section is to provide, where appropriate in accordance with the regulations below, food service establishments with the ability to use outside areas other than sidewalks for seasonal outdoor dining. The use of sidewalks for outdoor dining shall continue to be regulated by Chapter 75 of the Village Code.
B. FOOD SERVICE ESTABLISHMENT OUTDOOR DINING(1) (2) (3) (4)
Definitions. As used in this section, the following terms shall have the meanings indicated:
A location where food is prepared and intended for individual portion service and that either the Westchester County Department of Health or New York State Department of Agriculture and Markets regulates.
An outdoor eating area that is:
Located on private property, not including any sidewalks or any public right-of-way;
Adjacent to and operated as part of a food service establishment;
Comprised solely of readily removable tables, chairs, umbrellas, seasonal heating, planters, and decorative accessories and trash receptacles (together, "furnishings"); and
Open to the air, except that retractable awnings or temporary structures with removable sides are permitted.
C.
Location.
(1)
Outdoor dining may be located on private property in the Village of Pelham Business-1 (B-1), Business-2 (B-2), and Business-3 (B-3) Districts used solely as a food service establishment, as set forth in this chapter.
(2)
Outdoor dining areas regulated hereunder may be located on the property upon which the principal food service establishment is located and immediately adjacent to the building within which the food service establishment operates. This includes being able to use designated off-street parking areas, subject to Subsection F below.
(3)
Outdoor dining regulated hereunder is prohibited on public rights-of-way, including all sidewalks.
D.
Standards.
(1)
The outdoor dining area shall not be used for any purpose other than for the approved use.
(2)
The outdoor dining area shall comply with any and all state and local health, fire, building, sanitation and maintenance codes applicable to the use of the establishment, including but not limited to the installation of tents, outdoor natural gas/propane patio heaters, fire pits/tables.
(3)
The number and location of all tables, displays, service stations, registers and any other equipment, furnishings or structures installed in the outdoor dining area are subject to review by the Building Inspector, in accordance with all applicable State Code and ADA requirements.
(4)
No permanent structure may be installed without obtaining separate site plan approval for said permanent structure.
(5)
All food and beverages to be served or consumed in the outdoor dining area shall be prepared within the existing food service establishment.
(6)
The operator of the food service establishment shall procure the appropriate license from the New York State Liquor Authority if the food service establishment intends to serve alcoholic beverages in the outdoor dining area and shall comply with all other laws and regulations concerning the serving of alcoholic beverages. The appropriate license must be submitted to the Village before the operator may serve alcoholic beverages in the outdoor dining area.
(7)
Chairs and tables shall not be utilized for the display of merchandise or the advertising of goods or services.
(8)
During hours of daylight, alcoholic beverages may be served solely in conjunction with the service of food. Subsequent to sundown, alcoholic beverages may be served in the absence of service of food. All alcoholic beverages shall be prepared within the appurtenant food service establishment and shall be served solely to patrons seated at tables. The consumption of alcoholic beverages by a member of the public, while a patron, within the confines of the area of the outdoor dining area, shall not be a violation of any local law, ordinance, rule or regulation relating to open alcoholic containers in a public area.
(9)
No patron at an outdoor dining area shall be served food or beverage unless said patron is seated at a table.
(10)
The food service establishment is responsible, at all times, for the cleanliness of the outdoor dining area and the tables and chairs located therein, as well as the cleanliness of any abutting sidewalk and curb areas.
(11)
All outdoor dining areas shall be sufficiently screened from adjacent residential uses and residential zoning districts. Screening shall not be required on any boundary immediately adjacent to a public roadway. Notwithstanding any other provisions in this chapter, the Village Board may, in its discretion, permit screening up to six feet in height where used to screen outdoor dining areas from adjacent properties and roadways.
(12)
Lighting shall be directed downward and inward to the site and outdoor dining area so that the light source is not visible from any adjacent property or land use. Shields and timing devices shall be utilized on light fixtures to control and direct the illumination pattern of said light fixtures and to prevent spillage of light emissions horizontally and/or across property lines.
(13)
Sound amplification and public address systems and equipment shall be prohibited. Areas approved for outdoor dining shall not be utilized for live performance or recorded audio transmissions.
(14)
Furnishings.
(a)
All outdoor dining furnishings shall be of durable commercial-grade materials; shall be uniform in style, color and material; and shall be reviewed by the Architectural Review Board for recommendation to the Village Board prior to special permit approval, such recommendation to be given within 60 days of the referral from the Building Inspector.
(b)
Furnishings shall not be used for the display of merchandise or the advertising of goods or services.
(c)
Umbrellas must be secured in a device that the manufacturer of the umbrella designed to anchor the umbrella.
(d)
Portable umbrellas, heating units and other similar elements for the purpose of weather protection shall be properly maintained in a neat and good working condition and compliant with all applicable building, fire and health code standards and laws.
(e)
During periods when the food service establishment with which outdoor dining is associated is closed for business, all chairs and tables shall be covered and secured.
E.
Seasonal regulations and hours of operation.
(1)
Outdoor dining may operate from April 15 to November 30.
(2)
Outdoor dining shall not operate prior to 8:00 a.m. or subsequent to 10:00 p.m. on any day, or otherwise operate when the food service establishment with which it is associated is not open to the public.
(3)
The actual hours of operation of the outdoor dining area shall be posted in a visible location.
(4)
No food service establishment providing outdoor dining shall permit members of the public to congregate in the outdoor dining area after 10:00 p.m.
F.
Parking.
(1)
Restaurants with outdoor dining shall maintain the minimum parking required for a restaurant use as set forth in § 98-113, which may be provided via a combination of the following:
(a)
Spaces available on the subject property;
(b)
Public on-street parking within 500 feet of the boundary of the property upon which the outdoor dining use is located;
(c)
Public parking lots within 500 feet of the boundary of the property upon which the outdoor dining use is located; and/or
(d)
Designated private off-street parking on a nonadjacent property either: (i) owned by the permittee or the owner of the property upon which the outdoor dining use is located; or (ii) which the owner or permittee is granted permission to utilize such property for parking purposes, and where the food service establishment associated with the outdoor dining provides a valet service to all patrons. Any nonadjacent parking area which is not upon the same lot as the main building or use, and its necessary accessways, shall be reserved for off-street parking use in accordance with an agreement between the owners of such adjoining lots, which agreement is to be filed with the Building Inspector upon the issuance of any special permit hereunder, including any renewals.
G.
Application procedure.
(1)
All applications for an outdoor dining special permit shall be on a form provided by the Village and shall contain the following information:
(a)
The name address of the applicant.
(b)
The name and address of the food service establishment.
(c)
The business owner's name.
(d)
Approval from the New York State Liquor Authority to serve alcohol in the outdoor dining area, if applicable.
(e)
A drawing showing the proposed layout, including any proposed temporary awnings, tents, pergolas, the existing building, points of ingress and egress, proposed location of all tables, chairs, umbrellas, barriers, displays, service stations, registers and any other equipment, furnishing or structure to be installed in the outdoor dining area. The drawing shall be signed and sealed by a licensed professional unless such requirement is waived by the Village Board.
(f)
A statement describing the proposed use of the outdoor dining area, including days and hours of intended operation and proposed capacity.
(g)
If a tenant is seeking an outdoor dining area special permit, the application shall include written authorization from the landlord.
H.
Renewal. The approval of an outdoor dining special permit shall have a term of five years. An application for renewal shall be submitted to the Village Board a minimum of 60 days' prior to the date of expiration.
I.
Expiration. An outdoor dining special permit shall expire and lapse automatically upon change of use of the related principal food service establishment use.