Scarsdale City Zoning Code
ARTICLE X
General Regulations
§ 310-67 Nonconforming uses, lots and buildings.
[Amended 7-15-1975 by L.L. No. 4-1975; 3-14-1989 by L.L. No. 6-1989; 3-12-1991 by L.L. No. 1-1991[1]; 9-27-1994 by L.L. No. 9-1994; 5-23-1995 by L.L. No. 7-1995; 4-8-1997 by L.L. No. 3-1997; 1-23-2001 by L.L. No. 1-2001; 5-13-2008 by L.L. No. 3-2008; 1-13-2015 by L.L. No. 1-2015]
A.
Nonconforming uses. Nonconformity of any use with any provision of this chapter shall not be a violation of this chapter if such use existed on March 1, 1957, and was permitted by the Zoning Ordinance in effect immediately prior to that date or if the use was permitted on the effective date of any modification of this chapter which rendered the use nonconforming. Such use shall be permitted to continue subject to the provisions of Subsection D(3) of this section and the following conditions:
(1)
No building housing a nonconforming use may be enlarged or altered structurally, except as may be required or permitted by law. For the purposes of this section, an increase in the fuel storage capacity of a service station is not considered to be an expansion of a nonconforming use.
(2)
No such nonconforming use shall be enlarged or extended, nor shall it be changed to another nonconforming use, nor shall it be moved to another building (either conforming or nonconforming).
(3)
No such nonconforming use, if changed to a use which conforms to the provisions of this chapter, shall be changed to a nonconforming use.
(4)
No such nonconforming use that shall have ceased for six months or longer, whether or not with intent to abandon, shall be resumed.
(5)
Any otherwise legal, preexisting, nonconforming use in a residential district may be continued, subject to the issuance of a special use permit by the Board of Appeals for residential uses or by the Planning Board for nonresidential uses.
(a)
The initial application for such nonconforming use special use permit shall be filed by the owner of the property within one year of the effective date of this subsection or, if later, the effective date of the applicability of this subsection to a particular nonconforming use. If the initial application is not so filed, it may be initiated at any time by the Village or by the owner of any property, any part of which is within 300 feet of any part of the property on which a nonconforming use exists or is asserted to exist.
(b)
Upon the filing of an application or other initiation of the nonconforming use special use permit process, the Board of Appeals or the Planning Board, as applicable, shall, after a public hearing, determine:
[1]
Whether a nonconforming use exists on the site.
[2]
If such nonconforming use exists, what terms and conditions applied to the lawful use of the property immediately prior to the date upon which the use became nonconforming.
[3]
Whether the use of the property at the time of the special use permit proceeding is in full compliance with such immediately prior terms and conditions. In making this determination, the applicable board shall consider all factors which may be pertinent under such immediately prior terms and conditions, which in particular cases may include, without limitation, building design, functional uses, emissions (noise, vibration, smoke, dust, odors or others), hours of operation, off-street parking, traffic, lighting, landscaping and screening.
(c)
If the applicable board determines, pursuant to Subsection A(5)(b)[3] above, that there is a nonconforming use and that such use of the property at the time of the special use permit proceeding is in full compliance with the aforementioned immediately prior terms and conditions, it shall grant the nonconforming use special use permit, setting forth the immediately prior terms and conditions so determined, which are to continue to pertain as long as the nonconforming use is lawfully continued.
(6)
Any commercial sale, delivery and/or transfer of firearms, ammunitions, ENDS and/or ENDS components and parts which was lawful prior to the adoption of § 310-89A(11) and (12) shall be deemed a nonconforming use. These nonconforming uses will be permitted to continue for a period not to exceed 12 months unless sooner terminated pursuant to another provision of § 310-67.
[Added 2-13-2019 by L.L. No. 1-2019]
B.
Construction on nonconforming unimproved lots.
(1)
An unimproved lot, that does not conform to the requirements of §§ 310-14 and 310-15A, is merged with an adjoining improved or unimproved lot if that lot is owned or controlled by the same owner of the adjoining improved or unimproved lot, unless said unimproved lot meets the requirements noted in Subsection B(2) or (3) below.
(2)
A building may be erected, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code, subject to the special setback provisions of § 310-18 or 310-36, even if the lot does not conform to § 310-14 or 310-15A, provided that the following lot criteria are met:
(a)
On April 1, 1947, the lot conformed to the Zoning Ordinance in effect immediately prior to that date and the lot was shown on a plat filed in the County Office of Land Records; and
(b)
The lot was not reduced in area after February 1, 1947; and
(c)
The lot has an area of at least 75% of the current requirement; and
(d)
The lot has a width and length of streetline frontage of at least 85% of the current requirement.
(3)
A building may be erected, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code, subject to the special setback provisions of § 310-18 or 310-36, if a lot is rendered nonconforming by any amendments to the Zoning Map (§ 310-4) adopted after October 2000, provided that the lot meets the following criteria:
(a)
The lot conformed to the Zoning Ordinance in effect immediately prior to the effective date of the amendment; and
(b)
The lot was not reduced in area in the month prior to the effective date of any amendment; and
(c)
The lot has an area of at least 65% of the current requirement; and
(d)
The lot has a width and length of streetline frontage of at least 80% of the current requirement.
C.
Construction on nonconforming improved lots.
(1)
(2)
Subject to the special setback provisions of §§ 310-18 and 310-36, and Subsection D(1) of this section, if applicable, an existing building may be enlarged, altered or maintained on a lot in accordance with the setback and lot coverage requirements of this Code if the lot is rendered nonconforming by zoning amendments to the Zoning Map (§ 310-4) adopted after October 2000, provided that the lot meets the following criteria:
D.
Nonconforming buildings. Nonconformity of any building shall not be a violation of this chapter if such building existed on March 1, 1957, and was permitted by the Zoning Ordinance in effect immediately prior to the date or if the building was permitted on the effective date of any modification of this chapter which rendered the building nonconforming. Such nonconforming building shall be permitted to continue, subject to the following conditions:
[Amended 1-10-2023 by L.L. No. 1-2023]
(1)
No such building which is nonconforming with respect to height, area of lot occupied or setback from any lot line shall be enlarged in any respect as to the portion thereof which is nonconforming, subject to the provisions of this chapter and § 310-18 or 310-36. Notwithstanding the foregoing, alterations of the portion thereof which is nonconforming, but which would not increase the existing nonconformity, shall be permitted.
(2)
No such nonconforming building, if changed to a conforming building which conforms to the provisions of this chapter, shall be changed to a nonconforming building.
(3)
No such nonconforming building, if all or substantially all thereof is destroyed due to any cause, shall be restored in a nonconforming form or location or for the continuance of a nonconforming use, except that such a building, if destroyed accidentally due to fire, explosion or other cause, may be restored in substantially the same form and location, but without enlargement, for a conforming use or the continuance, but without enlargement, of the nonconforming use provided that the restoration of the building is completed and any nonconforming use is continued within 12 months of the damage.
E.
Nonconforming lot coverage. Nothing in this chapter shall prohibit the repair or replacement in-kind, as determined by the Building Inspector, of any legal nonconforming impervious surface or structure, such as a driveway, walkway, patio, tennis court, or swimming pool, provided such repair or replacement is completed within 12 months of any removal of the impervious surface or structure. Replacement in-kind shall not include the replacement of one type of impervious surface or structure for another, such as the replacement of a patio with a tennis court. Such repair or replacement shall not increase the existing impervious coverage on the lot. Notwithstanding any other provision or section of this Code, Subsection E shall not apply where site disturbance exceeds the threshold requiring site plan review established in § 251-1C(1).
[Added 1-10-2023 by L.L. No. 1-2023; amended 7-9-2024 by L.L. No. 7-2024]
[1]
Editor's Note: Section 14 of this local law provided as follows:
"This local law shall not prevent the issuance of a permit for any new building, building addition or alteration in compliance with the laws in effect prior to the effective date hereof for which a complete application was submitted prior to such date." (This local law became effective April 4, 1991.)
§ 310-68 Reduction of lot dimensions.
No building shall be used or maintained on a lot which is hereafter reduced in area, width or length of street line frontage in violation of the following provisions:
A.
No improved lot shall be reduced in area in any direction unless the lot as so reduced has at least the area prescribed in § 310-14 of this chapter and has the unoccupied spaces required by the other provisions of this chapter.
B.
No improved lot shall be reduced in width or in length of street line frontage unless the lot as so reduced has at least the width and length of street line frontage, respectively prescribed in § 310-15 of this chapter.
C.
No improved lot shall be reduced in area in any direction unless the setback of each then existing building from any new boundary line shall be at least the setback which would be required by the other provisions of this chapter for a building of the same kind then newly erected in the same location, without benefit of the special setback provisions specified in § 310-18 of this chapter.
§ 310-69 Setback for lots not adjoining street.
Irrespective of the other provisions of this chapter, any building in any residence or business district located on a lot which does not immediately adjoin a street shall set back from such street at least as much as such building would be required to set back therefrom if such lot immediately adjoined such street.
§ 310-70 Off-street parking.
[Amended 2-20-1979 by L.L. No. 4-1979; 2-28-1989 by L.L. No. 4-1989; 9-27-1994 by L.L. No. 9-1994; 4-8-1997 by L.L. No. 3-1997; 3-24-1998 by L.L. No. 2-1998; 12-11-2001 by L.L. No. 15-2001; 1-11-2011 by L.L. No. 2-2011]
A.
The following is the minimum number of off-street parking spaces which shall be provided and maintained on private premises by the owner thereof for each use of land or buildings which is hereafter enlarged, altered, changed or created, except as such requirements may be modified elsewhere in this chapter.
(1)
Apartment: one space for each 750 square feet of gross residential floor area.
(2)
Hotel or lodging house: one space for each guest sleeping room.
(3)
Auditorium or place of assembly in which seats are provided for 25 persons or more in the main assembly room on the premises of a church or other place of worship, club, lodge, community center building or in a school, college, academy, seminary, library, museum, stadium, athletic field, theater or other similar place of assembly: one space for each four seats which are so provided.
(4)
Restaurant or other place serving food or beverages: one space for each 75 square feet or major fraction thereof of gross leasable floor area, except in the Village Center Area District described in § 310-12, where the parking requirements for a restaurant or other place serving food or beverage is one space for each 150 square feet or major fraction thereof of gross leasable floor area.
(5)
Recreation facility, health or exercise club: one space for each employee, plus one space for each player or participant when the facility is operating at maximum capacity.
(6)
Retail store or shop, commercial sale, delivery and/or transfer of firearms, ammunitions, ENDS and/or ENDS components and parts, or personal service establishment: one space for each 150 square feet or major fraction thereof of gross leasable floor area on the first floor and one space for each 250 square feet or major fraction thereof of gross leasable floor area on all other floors.
[Amended 2-13-2019 by L.L. No. 1-2019]
(7)
Bank: 10 spaces, plus five spaces for each teller in excess of two, but in no case less than the number which would be required for a retail store. Where drive-up teller services are provided, a minimum of five queuing spaces shall be provided for each drive-up teller window in addition to the space at the teller window itself.
(8)
Office: one space for each 200 square feet or major fraction thereof of gross leasable floor area, except one space for each 150 square feet or major fraction thereof of gross leasable floor area for medical, dental and real estate offices.
(9)
Gasoline station: five spaces, or five spaces per service bay, whichever requirement is greater.
(10)
Group training or instruction: one space for each employee, plus two spaces for each three students or participants, but in no case less than the number which would be required for a retail store.
(11)
For all land and building uses which do not fall within the categories listed in Subsection A(1) through (10), the Planning Board, based upon a consideration of the above standards in relation to the estimated parking generation characteristics of the proposed use, shall establish such off-street parking requirements as it may determine reasonable and appropriate in each individual case.
(12)
Single-family houses in a Residence AA-1, A-1, A-2, A-2a or A-3 District: two spaces.
B.
Special parking district. For any lot or building within the area designated as a special parking district, as shown on a map entitled "Scarsdale Village Center Zoning Map," dated March 28, 1988, revised November 1, 1988, adopted and referred to in § 310-4 hereof, which map amends the map entitled "Special Parking District Station Business Area, Scarsdale, New York," dated February 13, 1979, the following modifications to the off-street parking requirements as set forth above shall apply.
(1)
There shall be no requirement to provide off-street parking spaces for any use of land or buildings legally existing on the date of adoption of this amendment or for a changed use which would not result in any increased off-street parking requirement in accordance with the standards set forth above, provided that:
(a)
Any parking spaces existing on such premises at that date are continued in such use or that alternate parking spaces, subject to location and design approval by the Planning Board, are established to replace them;
(b)
Any existing agreements for the provision of off-street parking spaces, including agreements to purchase Village parking permits, which may have been previously approved by the Village of Scarsdale or any agency, board or commission thereof shall continue in full force and effect unless modified by the parties thereto; and
(c)
For the purpose of this requirement, any existing floor space which may be vacant on the date of the adoption of this amendment shall be considered to have been in use for the purpose for which it had last been used on a regular basis prior to its becoming vacant.
(2)
If the use of any existing premises is changed in such a way as to increase the minimum number of off-street parking spaces which would be required on such premises in accordance with the standards as set forth in Subsection A(1) through (10) above, such increased number of off-street required parking spaces shall be provided and maintained on private premises by the applicant.
(3)
Alternatively, in a special parking district, the applicant for such change may request the Planning Board to accept a cash payment to the Village of Scarsdale Parking Enterprise Revenue Fund in lieu of providing some or any of such parking, and the Planning Board, in its discretion, may elect to accept such payment on behalf of the Village. The amount of the cash payment required for each parking space shall be established and may from time to time be amended by the Village Board of Trustees. The expenditure of parking fund revenues shall be limited exclusively to those actions designed to provide parking spaces to serve properties within the special parking district.
(4)
In the PUD - 1.0 District, the Village Board of Trustees may negotiate a lump sum cash payment, or a combination of land dedication and a cash payment, to the Village in lieu of an applicant providing some or all of the required off-street parking spaces. In such a case, the Village would assume the responsibility for the construction and maintenance of said parking, including the determination of the manner and basis upon which the parking will be designed and allocated to meet the needs of the various uses which it is intended to serve.
C.
Planning Board waiver. Where, because of the specific nature of a particular nonresidential use of land or buildings or because of probable variation in the time of peak parking demand in the case of a mixed-use development, the Planning Board determines that the provision of the minimum number of off-street parking spaces as determined on the basis of the above standards may not actually be needed, the Planning Board may, subject to such special standards, limitations or conditions as it may deem appropriate, waive or modify the requirement for the construction of up to 1/3 of such number of spaces.
D.
If a building or premises of the respective kinds mentioned in this section is increased in number of dwelling units, sleeping rooms or seats or in number of square feet of floor area, whether by alteration of an existing building, erection of a new building on the same lot or in any other manner, parking spaces shall be provided, pursuant to this section, to the same extent as if such building or premises were then first erected or first used for the purpose mentioned, except that if such building or premises or any building on the same lot has been used for the same purpose since prior to April 20, 1951, additional parking spaces need only be provided to the extent that they would herein be required for a new building or premises having the number of dwelling units, sleeping rooms or seats or the number of square feet of floor area equivalent to those added after April 20, 1951. For this purpose, seats shall not be considered as added after April 20, 1951, to the extent that they do not exceed in number other seats (in regular use in another auditorium or place of assembly on the same lot immediately prior to April 20, 1951) which thereafter are not normally to be used simultaneously with such newly provided seats. In the case of buildings or premises of the respective kinds mentioned in § 310-70A(6) and (7), the above references to April 20, 1951, shall be construed to refer to January 15, 1954.
E.
All parking spaces provided pursuant to this section may be in the open or in private garages, or both, provided that no such parking spaces in the open shall be in a front yard in any residence district or in any Business A or Village Center Area District and provided that any such parking spaces in the open in excess of four in number shall be effectively screened with trees, shrubs or fencing, as required by the Village Engineer, on any boundary that adjoins or faces the side or rear lot lines of premises used for or land zoned for residential purposes.
F.
All parking spaces provided pursuant to this section shall be paved, oiled or covered with gravel, shall be suitably drained, shall be maintained in good condition and shall have adequate means of ingress and egress.
G.
All parking spaces provided pursuant to this section shall be provided and maintained on the same lot with the building or premises for which such spaces are provided, except that for nonresidential uses, if so permitted by the Planning Board, all or part of such parking spaces may be provided and maintained on another lot or lots owned or controlled by the owner of such building, provided that such parking spaces are within 500 feet of the main entrance of such building and provided that, if such building is in a business district, such parking spaces are also in a business district.
H.
Parking spaces shall not be considered as provided pursuant to this section unless reasonable precautions are taken to assure that such parking spaces are used only by persons who are at the time residing or employed in or visiting the building or premises for which such parking spaces are provided.
I.
Parking spaces required by this section to be provided for buildings or premises shall be maintained in accordance with the provisions of this section as long as such buildings or premises are used for the purposes indicated.
J.
Size of parking spaces.
(1)
Each standard size parking space shall be at least nine feet wide and 18 feet long.
(2)
Each parking space designed and limited to employee parking shall be at least 8.5 feet wide and 18 feet long. For retail or service businesses or other similar types of uses designed to attract the general public, such reduced-width employee parking spaces shall not exceed 15% of the total required or provided parking, whichever is less. All employee parking spaces shall be appropriately located and clearly identified and limited in their use by signage and/or pavement markings.
(3)
Each parking space for compact cars shall be at least eight feet wide and 15 feet long. Such spaces may be up to 25% of the required number of parking spaces but may be used only when approved by the Planning Board. Such spaces shall be grouped in one location on the lot and shall be clearly marked as being reserved for compact cars only.
(4)
Parallel curb parking spaces shall be at least eight feet wide and 22 feet long.
K.
No new driveway or parking space may be designed in a way that would require a vehicle to back out onto a county or state highway.
§ 310-71 Automobile trailers and campers. [1]
[Amended 10-14-1975 by L.L. No. 7-1975]
No automobile trailer or camper designed to be used for human habitation shall be stored or parked in any residence or business district, except that such trailer or camper may be stored or parked inside a public or private garage or automobile salesroom or parked in the open on an improved lot not more than 30 feet nor less than 10 feet from the rear lot line, at least 10 feet from any side lot line and at least 30 feet from any street line, provided that in no case shall such trailer or camper be placed in use.
§ 310-71.1 Radio and television towers and antennas.
[Added 3-14-1989 by L.L. No. 6-1989]
A.
The approval of the Building Inspector shall be secured for all radio transmitter and receiver single-pole-type antennas more than 23 feet in height operating within the citizen band frequencies and for all other tower and antenna structures which are more than 12 feet in height. Heights shall be measured from the point of attachment of the base of the antenna support to the uppermost tip of the antenna. The installation shall in no case be erected nearer to the building lines than the total height of the antenna structure nor shall such structure be installed near electric power lines nor shall it encroach upon any public space.
B.
Construction. Radio and television towers and antennas of a height requiring approval of the Building Inspector shall be constructed of steel or other approved corrosive-resistive and noncombustible materials. Steel members shall be not less than 1/8 inch in thickness, if galvanized, nor less than 3/16 inches in thickness, if painted. The structures shall be securely braced and anchored to resist the loads herein specified.