Pelham Manor City Zoning Code
ARTICLE IX
Residence AAA Districts
§ 210-31 Permitted uses.
In a Residence AAA District no building or lot shall be used or occupied for any purpose other than as follows:
A.
A single-family detached dwelling used exclusively for residential purposes and no part of which may be used for the office of a professional person or any other employment, vocation or home occupation.
B.
Accessory buildings and special accessory buildings customarily incidental to the uses herein specifically permitted in said district and located on the same lot. Not more than one garage and not more than one greenhouse shall be erected on a lot then only in connection with the use or occupancy of dwelling located on the same lot.
C.
Living accommodations for a chauffeur, servant, nurse or other renderer of recognized health care employed full-time on the premises and persons related to a person so employed by blood, lawful marriage or legal adoption.
D.
A church or other place of worship, a church school or parochial school; nonresidential uses on church property that are endorsed by the church, are not primarily commercial in nature and have the purpose of providing charitable, educational, cultural or civic benefits; or a public school under the Jurisdiction of Free School District #1, Town of Pelham.
[Amended 9-13-1993 by L.L. No. 2-1993]
E.
A parking lot as an accessory to a permitted use.
F.
Swimming pools.
(1)
A swimming pool as an accessory structure to a principal building used for single-family residence purposes, for the exclusive use of the occupant of the said principal building and his family and nonpaying guests, provided that such use is determined by the Board of Appeals to be consistent with the public health, safety, morals and general welfare of the community and further provided that the construction and operation of the swimming pool meets the following conditions:
(a)
The outside edge of said swimming pool is not nearer the street line than any existing point of the building or nearer than 10 feet to any side line or rear line. For each foot or fraction thereof in height above grade, the outside edge of said swimming pool shall be set back an additional two feet from any side or rear lot line.
[Amended 9-24-1984 by L.L. No. 1-1984]
(b)
A fence or wall not less than four feet in height be erected and maintained not more than 20 feet distant at any one point from the outside edge of the swimming pool. The fence to have a gate which must be locked when the pool is not in use.
(c)
Any lights illuminating such swimming pool be so erected and maintained as to eliminate direct rays and minimize reflected rays of light on adjoining premises.
(d)
All filter pumps or other mechanical devices be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any adjoining building or residence.
(e)
Said swimming pool shall not be used, illuminated or operated between the hours of 11:00 p.m. and 6:00 a.m.
(f)
Landscaping shall be provided to adequately screen the pool and its operation from view from the public street and from the principal building setback lines of abutting properties. Said landscaping shall be of a type, size and amount to provide effective year-round screening and may include structures as permitted and regulated by this chapter. To assist in determining the adequacy and appropriateness of said landscaping:
[1]
The applicant shall submit a plan of the proposed pool and its landscaping, showing, at least: the type, size, location and proximity to all adjacent residences of such pool and landscaping; the topography and existing vegetation of the site; and additional information as needed to show intended compliance with all conditions of Subsection F(1)(a) through (e) above and with this Subsection F(1)(f).
[2]
The landscaping elements of said plan shall be prepared by an arborist, horticulturist, landscape architect or other person considered by the Board of Appeals to be competent and knowledgeable about the particular growing environment and circumstances under study.
[3]
The Board of Appeals shall review said plan, including, if it deems it appropriate, inspection of the site to ensure the adequacy of the plan and compliance with all requirements and conditions of this section.
[4]
The Board of Appeals may require additional screening where it determines such to be in the interest of privacy, control of noise and glare, safety and general welfare of the neighborhood. The Board may require modifications to the plan, or may establish additional conditions to ensure the adequacy of screening and continued maintenance and vitality of the man-made and planted elements. Such additional conditions may include, but shall not be limited to, additional pool setback beyond the minimum requirement in Subsection F(1)(a) above.
[5]
Adequacy of screening shall be defined as the substantial blocking of view of the pool and its operation, to a height of at least six feet above the height of the pool water level when in normal usage, when viewed from the public street or principal building setback line on abutting properties.
[Amended 9-24-1984 by L.L. No. 1-1984]
(2)
The provisions of this section shall become effective as they affect swimming pools as may be in existence on the effective date of this section, six months after effective date thereof.
H.
The use of a residential building may not be changed to a nonresidential use unless the building or structure conforms to all the requirements of the nonresidential use.
I.
A municipal building or use.
J.
A satellite earth station as an accessory structure to a principal providing for the exclusive use of the occupant of such principal building, provided that such use is determined by the Board of Appeals to be consistent with the public health, safety, morals and general welfare of the community and further provided that the construction and operation of the satellite earth station meets the following conditions:
(1)
A freestanding satellite earth station shall be located only to the rear of the principal building or structure on a 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.
(2)
A satellite earth station with a dish diameter of similar dimension of greater than four feet shall only be permitted as a special permit use.
(3)
Freestanding satellite earth stations shall not exceed 15 feet in height. Dish antennas located on buildings shall not extend more than 10 feet above the highest point of the roof.
(4)
The location and design of a 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 materials used in the construction of the antenna shall not be unnecessarily bright, shiny, garish or reflective.
[Amended 9-24-1984 by L.L. No. 1-1984]
§ 210-32 Density.
A.
No lot hereafter used for residential purposes shall contain an area of less than 20,000 square feet and no lot hereafter used for nonresidential purposes shall contain an area of less than 40,000 square feet; provided that a dwelling may be erected or maintained on any lot separately owned at the time of passage of this chapter, and provided further that all the other provisions of this chapter are observed; and provided further that a dwelling may be erected or maintained on any lot affected by the provisions of the Village of Pelham Manor's Local Law No. 2 of the year 1974 which does not meet the additional minimum requirements created by said Local Law No. 2 if each of the following conditions are met:
[Amended 10-14-1974 by L.L. No. 2-1974]
(1)
Such lot was owned of record on the effective date of the Village of Pelham Manor's Local Law No. 1 of the year 1974 (July 19, 1974) and the owner of record thereof on said date did not own of record adjoining property enabling such owner to comply with all of the requirements of this chapter;
(2)
Such lot did comply with all the requirements of this chapter in effect prior to said date; and
(3)
All the other provisions of this chapter are observed.
B.
No building shall be erected on or moved to a lot having a frontage of less than 125 feet on any street on which the lot abuts.
C.
No nonresidential building shall be erected, altered, enlarged or moved on a lot to occupy, together with other buildings on the lot, more than 20% of the area of the lot.
§ 210-33 Setbacks.
A.
No building shall hereafter be erected, altered, enlarged or moved on a lot nearer to a street line than the building nearest the street line heretofore lawfully erected on an adjoining lot on the same street, but not nearer than 40 feet.
B.
The following features may extend into any front, side or rear yard not to exceed the distances specified:
(1)
Cornices, canopies, eaves, gutters, leaders or any similar features: 36 inches.
(2)
Stoop, consisting of a raised entrance platform with steps leading up to it with its floor level no higher than that of the entrance to the building: four feet.
(3)
A railing no higher than three feet may be placed around such stoop.
(4)
Steps. No limit.
(5)
A chimney: 24 inches.
(6)
Belt courses, window sills and other similar ornamental features: six inches.
§ 210-34 Yards.
Each lot shall have side and rear yards and no building shall hereafter be erected, altered, enlarged or moved on lot so as to be nearer to a lot line than the following distances:
B.
On a corner lot, one side yard shall be not less than 15 feet, the other side yard not less than 25 feet.
C.
Rear yards: not less than 25 feet. However, detached accessory buildings may be erected, altered, enlarged or moved, as long as no part shall be nearer than two feet to a side or rear lot line. Required front yard setbacks shall be observed.
§ 210-35 Separation.
Detached buildings, including accessory buildings on the same lot shall be separated from one another by a free and open air space of not less than 10 feet.
§ 210-36 Height.
[Amended 6-26-2000 by L.L. No. 2-2000]
No building shall hereafter be erected, enlarged or altered to exceed 2 1/2 stories or 35 feet, whichever is less, above a basement or cellar in height. This height limitation shall not apply to steeples of places of worship if such steeples do not exceed 150 square feet in area.[1]
[1]
Editor's Note: Former Section 40, Subsection 7, Coverage, which immediately followed this section, added 6-26-2000 by L.L. No. 2-2000, was repealed 2-10-2003 by L.L. No. 1-2003.