Scarsdale City Zoning Code
ARTICLE XIII
Powers of Board of Appeals 1
§ 310-86 Board to hear appeals.
The Board of Appeals shall, pursuant to the Village Law, as amended from time to time, hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector or other officer charged with the enforcement of this chapter.
§ 310-87 Variances permitted. [1]
[Amended 8-20-1957; 5-13-1958; 3-10-1959; 3-22-1960; 12-13-1960; 5-10-1966; 10-24-1967; 5-13-1975 by L.L. No. 1-1975; 3-26-1976 by L.L. No. 2-1976; 11-26-1979 by L.L. No. 10-1979; 2-24-1981 by L.L. No. 1-1981; 1-22-1985 by L.L. No. 4-1985; 1-12-1988 by L.L. No. 1-1988; 5-10-1988 by L.L. No. 5-1988; 3-12-1991 by L.L. No. 1-1991; 9-27-1994 by L.L. No. 9-1994]
A.
The Board of Appeals may, in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards to be prescribed by such Board, determine and vary the application of the provisions of this chapter, in harmony with their general purposes and intent, as follows:
(1)
Permit in any district the location of a principal building nearer to a street line or a lot line than is permitted by this chapter.
(2)
Permit the location of any accessory structure in any district nearer to the street line or lot line than is permitted by this chapter.
(3)
Permit, in a Residence A-4, A-5 or C District, on adjacent lots, accessory structures with a common wall.
(4)
Permit the restoration of a nonconforming building, subject to the provisions of § 310-67F of this chapter.
(5)
Permit a lot to be exempt from the minimum area, width and street line frontage requirements of §§ 310-14 and 310-15 of this chapter, as modified by § 310-67 of this chapter, provided that such lot has an area of at least 4,000 square feet, if located in a Residence A-5 or C District, or, if located in any other residence district, such lot has an area of at least 75% of the minimum area prescribed in § 310-14 of this chapter for that district and provided further that such lot has a street line frontage at least 85% of that prescribed in § 310-15 of this chapter, subject to such conditions as that prescribed respecting the setback of buildings on such lot from the boundary lines thereof.
[Amended 1-23-2001 by L.L. No. 4-2001]
(6)
Permit the extension of a use or structure into a more restricted district immediately adjacent thereto, except that no such extension from a Buffer Parking District into a Resident A District or from a Business A, Village Center Area or C District into a Buffer Parking District may be permitted.
[Amended 4-8-1997 by L.L. No. 3-1997]
(7)
Permit a building, in a Business A, Village Center Area or C or Residence C District, which is nonconforming with respect to use to be enlarged or altered or to be relocated on the same lot or on adjoining property within the same zoning district, provided that a majority of the entire Board as if there were no vacancies shall determine in each case that:
[Amended 4-8-1997 by L.L. No. 3-1997]
(a)
The building, as enlarged, altered or relocated, will not create or seriously aggravate a traffic or other hazard.
(b)
The building, as enlarged, altered or relocated, will not impair the use, enjoyment or value of properties in surrounding areas.
(c)
The building, as enlarged, altered or relocated, will not be incongruous or detrimental to the prevailing character of the neighborhood.
(d)
The building, as enlarged, altered or relocated, will not provide facilities for the rendering of any new or materially different service.
(e)
The building, as enlarged, altered or relocated, will be of such size and so located, arranged and architecturally designed and that the layout and landscaping of the site will be so designed as to improve substantially the appearance of the area.
(f)
The building, as enlarged, altered or relocated, and the layout and landscaping of the site will in general be consistent with the public health, safety and general welfare of the community.[2]
[2]
Editor's Note: Former Subsection A(8), which immediately followed this subsection and related to Residence B Districts, was repealed 4-8-1997 by L.L. No. 3-1997.
B.
All applications for variances shall be accompanied by plans and sketches of the lots, premises and buildings in question, showing the location and architectural elevations of the present and proposed buildings. In addition, each application shall be accompanied by such additional information as may be required by the Building Inspector and by the Board of Appeals, to include contours at intervals of not more than two feet, including existing and proposed contours, in the vicinity of any new construction, when required.
§ 310-88 Residential special use permits.
[Added 9-27-1994 by L.L. No. 9-1994; amended 5-23-1995 by L.L. No. 7-1995; 3-26-1996 by L.L. No. 2-1996; 4-9-1996 by L.L. No. 4-1996; 10-14-2003 by L.L. No. 10-2003]
A.
The special uses for which conformance to additional standards is required by this section shall be deemed to be permitted uses in the respective districts, subject to the satisfaction of the requirements, standards and safeguards set forth herein, including such additional requirements as may be specified by the Board of Appeals, provided that the Board determines that the individual use is in harmony with the general purposes and intent of the Zoning Code. All such uses are declared to possess characteristics of such a unique and special nature that each specific use shall be considered as an individual case. The Board of Appeals will give public notice and hold a hearing on each application prior to approval of a special use permit. The Board may also:
(1)
Grant temporary and conditional special use permits for a period of two years or less for uses and buildings which, but for such permission, would not comply with the requirements of this chapter.
(2)
Permit swimming pools as an accessory structure to a principal building used for residence purposes, for the exclusive use of the occupants of said principal building and their guests, upon a determination that such use is consistent with the public health, safety, morals and general welfare of the community, after taking into consideration the location and size of the plot, the site, the plans and detailed building plans of such swimming pool and any accessory buildings, showing dimensions, design, elevation, location and uses of all structures, drainage, sewerage and sanitary facilities, fences, screening, planting and such other information, including the manner of operation, use and maintenance of such swimming pool, as may be required by the Board of Appeals. Any special use permit granted by the Board of Appeals for such use may prescribe reasonable rules and regulations for the operation, maintenance and use of such swimming pool and accessory structures consistent with the public health, safety, morals and general welfare of the community, may require that such swimming pool be located at such distance from any property line as may be fixed by the Board of Appeals but shall be at least the distances specified in § 310-47C of this chapter, may require that fences or walls be erected and maintained around such swimming pool and may limit any pool lighting to underwater lighting.
(4)
Permit in a residence district as a customarily incidental or accessory use to the residential use of a principal building, for the exclusive use of the occupants of said principal building and their guests, tennis courts, platform tennis courts, lawn tennis courts, basketball courts, sports courts or other racket sport facilities and handball walls or courts, not exceeding 60 feet by 120 feet in size, upon a determination that such use is consistent with the public health, safety, morals and the general welfare of the community, after taking into consideration the location and size of the plot, the site and detailed building plans of such court or other racket sport facility, showing dimensions, design, elevation, location, distances from property lines, existing and proposed topography and uses of all existing and proposed structures, drainage, fences, screening, planting, retaining walls and such other information, including the manner of operation, use and maintenance of such court or other sport facility, as may be required by the Board of Appeals. Any special use permit granted by the Board of Appeals for such use may prescribe reasonable rules and regulations for the operation, maintenance and use of such court or other sport facility consistent with the public health, safety, morals and general welfare of the community, provided that:
(a)
Such court or other sport facility may only be constructed and maintained on an improved lot or an unimproved lot or lots adjoining and in common ownership with such improved lot.
(b)
The distance from any portion of such court or other sport facility to the property lines shall be determined by the Board of Appeals but shall be at least the distances specified in § 310-47C of this chapter.
(c)
No ball machine or similar device shall be permitted.
(d)
No loudspeaker or similar amplifying device shall be permitted.
(e)
Such court or sport facility shall be screened in such a manner by evergreen plantings so that it shall not be visible from any public or private property other than the owners'.
(f)
Such court or sport facility shall not be covered by any manner of roof.
(g)
Such court or sport facility shall not be used for professional instruction except to occupants of the principal residential building.
(h)
No artificial illumination of any kind shall be permitted.
(5)
For receive-only antennas of a diameter of more than one meter, permit in a residence district as a customarily incidental or accessory use to the residential use of the principal building for the exclusive use of the occupants of said principal building and their guests receive-only satellite dish antennas, upon a determination that such use is consistent with the public health, safety, morals and the general welfare of the community, after taking into consideration the location and size of the plot, the site and detailed construction plans of the satellite dish antenna and its relationship to the plot limits, the topography, existing and proposed structures and site development features, screening and such other information as may be required by the Board of Appeals, provided that such installation shall meet the following conditions:
(a)
The antenna shall be located only in the rear yard, mounted on the ground, and shall not violate the applicable zoning setback restrictions for accessory structures.
(b)
The overall height, measured from the mean ground level to the highest part of the antenna, and the width and depth of the antenna shall each not exceed 15 feet.
(c)
The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.
(6)
Permit the continuance of a legal, preexisting, nonconforming residential use in a residential zoning district pursuant to § 310-67 of this chapter.
(7)
Exercise such other powers of original jurisdiction as are specifically provided for in other sections of this chapter or are authorized under the Village Law, as amended from time to time.
B.
All applications for special use permits shall be accompanied by plans and sketches of the lots, premises and buildings in question, showing the location and architectural elevations of the present and proposed buildings or construction. In addition, the application shall be accompanied by such additional information as may be required by the Building Inspector and by the guidelines and policy statements of the Board of Appeals, to include contours at intervals of not more than two feet, including existing and proposed contours, in the vicinity of any new construction, when required.