No lot shall be so reduced in area as to make any yard, court or other required open space smaller than the minimum required under this chapter.

No part of a yard, court or other required open space provided about any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure.

Entrance and exit roads, driveways, sidewalks, drainage structures and other utilities may be permitted in a required yard if approved by the Planning Board in the process of site plan or subdivision review and approval.

Cornices, canopies, eaves or any similar features, none of which is less than 10 feet above grade, may extend three feet.

Uncovered front stairs and landings connected to the primary structure may extend a maximum of five feet into the required front yard.

An open fire escape may extend four feet, but no required fire escape on any structure shall be constructed on the front or any side thereof which faces on a street or be roofed over or enclosed.

A terrace or uncovered porch or deck with its floor level no higher than that of the main entrance to the building may extend six feet but, in the case of a side yard, not nearer than six feet to any side lot line. A railing no higher than 42 inches may be placed around any such terrace or porch.

A chimney may extend two feet.

A fence or wall no higher than six feet may be placed on any property, subject to the additional restrictions in Subsection D. Barbed wire shall be prohibited in the Village of Tarrytown.

Mechanical equipment for providing heating and/or cooling for a residential dwelling, provided the equipment, which does not include a generator, complies with the following:

Sheds/toolhouses and child's playhouse not within the front yard and not nearer than three feet to any side or rear lot line, provided the shed/toolhouse and child's playhouse complies the following:

Side or rear stairs no higher than grade level and attached to the principal building, provided they are not nearer to any side or rear lot line than three feet.

A setback from the easterly boundary of the railroad right-of-way extending inland for a distance of 300 feet, as measured from the southwesterly point of the property designated on the 1992 Village of Tarrytown Tax Maps as P24 Lot P3E south to the border of the Village of Irvington. The Village Clerk shall maintain a copy of said Tax Map for reference.

A setback of 300 feet inland from the mean high-water mark along the entire circumference of the water basin generally known as the "Tarrytown Lakes" or, in the case of existing wetlands adjacent to the Tarrytown Lakes, 300 feet inland from the wetland boundary; however, in no circumstance shall it extend beyond what was formerly known as the "Putnam Rail Right-of-Way" which is now owned by the Village of Tarrytown and is designated on the Village Tax Map as Section 1, Sheet 4, Block 117 and Parcel 70, nor include the site of the facility known as the "Eastview Pump Station" at the eastern end of Neperan Road, designated on the Village Tax Map as Section 1, Sheet 5, Block 2, Parcel P45, from the dam east to the Village boundary. Municipal purposes shall be exempt from this provision.

A one-hundred-foot setback along both sides of Broadway, New York State Route 9, as measured from the historic walls on either side of said road or from the right-of-way of said road, whichever results in the greater setback, along said road from the southernmost border of the Village of Tarrytown to the center of the Route 9 bridge which crosses over the New York State Thruway, I-87.

Old Croton Aqueduct buffer.

Notwithstanding any other provisions of this chapter to the contrary, the minimum setback of principal and accessory uses on both sides of New York State Route 119, locally known as "White Plains Road," shall be, in all zones except MU Zones, at least 100 feet from the present right-of-way of said road.

In MU Zones, parking and loading spaces and all paved internal roads shall be subject to additional setbacks from the property lines, as specified in § 305-129.

Corner lots. On any corner lot, except in an R-5 District, there shall be provided a side yard on the side street equal in depth to the required front yard on said lot.

Accessory buildings and off-street parking spaces shall be set back from any side-street line a distance equal to the front yard requirements on such side street unless lots are back to back, in which case they shall be set back 15 feet.

The minimum standard for infiltration devices shall be one precast drainage ring, four feet six inches high by eight feet in diameter. Such precast drainage rings and appurtenances shall be approved by the Village Engineer.

For sites under five acres, detention facilities shall be adequate to provide for a twenty-five-year storm of 24 hours' duration. Such detention facilities shall also have outlet control designed for maximum discharge rates for storms with return frequencies of 10 years, five years and two years.

For sites in excess of five acres, detention facilities shall be adequate to provide for a one-hundred-year storm of 24 hours' duration. Such detention facilities shall also have outlet control designed for maximum discharge rates for storms with return frequencies of 50 years, 25 years, 10 years and two years.

The Board of Trustees hereby finds that certain uses of property, by their nature, have serious objectionable operational characteristics which can lead to a significant impact on the surrounding community. The Board of Trustees further finds that the unrestrained proliferation of such uses is inconsistent with existing development and that such uses often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of such uses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. The objectionable operational characteristics of these uses are increased by their concentration on any one area, thereby having deleterious effects on adjacent areas. The regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods or land uses.

The Board of Trustees further declares that the location of these uses in regard to areas where youth may regularly assemble and the general atmosphere encompassing their operation is of great concern to the Village of Tarrytown.

In order to prevent the deleterious location and concentration of such businesses and to ensure that the effects noted herein will not adversely affect the health, safety and economic well-being of the community, the Board of Trustees of the Village of Tarrytown finds it in the public interest to enact standards which regulate the placement and construction of adult entertainment uses in the Village of Tarrytown.

No more than one adult entertainment use, as defined in this chapter, shall be located on any individual lot.

No adult entertainment use shall be permitted in any building otherwise used in whole or in part for residential purposes, including nonconforming residential uses.

No adult entertainment use shall be permitted on any lot which is located within 750 feet of any other lot on which is located an adult entertainment use.

No adult entertainment use shall be permitted on any lot which is located within 750 feet of any lot in any residential district.

No adult entertainment use shall be permitted on any lot which is located within 750 feet of any lot on which is located a church, community center, funeral home, school, day-care center, hospital, alcoholism center or drug treatment center, counseling or psychiatric treatment facility or public park.

No adult entertainment use shall be permitted on any lot which is located within 750 feet of any school bus stop.

The proposed use shall meet all other requirements of the laws of the Village of Tarrytown, including but not limited to district lot and bulk regulations, parking regulations and signage requirements.

No person under the age of 18 years shall be permitted into the premises.

A change to a nonconforming building which does not increase the degree of nonconformity, and which otherwise conforms to zoning regulations, shall not require a variance. Alterations which would increase the degree of nonconformity are described below in Subsection A(2).

Nonconformity may not be increased or moved. No such land use, building or structure which is nonconforming with respect to height, percentage of area of lot occupied, minimum yard sizes or minimum lot area per family shall be enlarged or altered in such a manner as to increase any such nonconformity or so as to substantially enlarge or increase the habitable or other useful area of such nonconformity, including, without limitation, the alteration of roof or floor levels or the addition of habitable or other useful area above or below such nonconforming structure. No such land, building or structure which is nonconforming with respect to use shall be enlarged nor shall the building or structure be altered structurally except as may be required by order of the Code Enforcement Officer to strengthen or restore such building or any part thereof to a safe condition. No nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of this section.

Changing to substantially more conforming use. No nonconforming use shall be changed to another nonconforming use except that, within six months after the cessation of a lawfully existing nonconforming use, the Board of Appeals, after notice and hearing, may grant a temporary conditional permit for a new nonconforming use within the same structure, provided that it shall find that:

If made to conform, may not revert to nonconformity. No such nonconforming building or use, if changed in whole or in part to a building or use which conforms to or is in greater conformity with the provisions of this chapter, shall be changed back to a less conforming or nonconforming building or use.

Effect of discontinuance. Any such nonconforming use, the physical operation or use of which has ceased for one year or longer, shall be deemed to be abandoned, and such nonconforming use shall not be resumed.

Effect of serious damage.

Application to rebuild must be made within six months. Application for a permit to rebuild or restore the damaged portion of any building damaged or destroyed as set forth in Subsection A(6) shall be filed within six months of the day of such damage and shall be accompanied by plans for reconstruction which, as to such portion, except as specified in Subsection A(6), shall comply with the provisions of this chapter in all respects, save as to the use of the building or structure, as therein specified.

Rebuilding must be completed within 12 months. If a permit for such rebuilding or restoration is granted, it shall lapse 12 months thereafter unless reconstruction in accordance therewith has been substantially completed, except that the Code Enforcement Officer, in his discretion, may grant a six-month extension thereof.

Certain uses must cease within two years. Any nonconforming use of land upon which there is no substantial structure or building, and the use of which is considered temporary in nature by the Zoning Board of Appeals, shall be discontinued within two years from the adoption of this chapter or the date of determination by the Zoning Board of Appeals, whichever is the greater time.

Nonconforming lots.

Lots made nonconforming by future amendment. Should the required area or dimensions of lots be changed by future amendment of this chapter, any legal lot existing at that date and made nonconforming by such amendment may be built upon subject to the limitations contained in Subsection A herein.

All structures and land uses hereafter erected, enlarged, moved, created, changed in use or intensity or otherwise substantially altered shall be provided with the amount of off-street parking and loading spaces required by the terms of this section to meet the needs of persons occupying or using such structures or land. The intensity and extent of occupancy of any structure as measured in Subsection D, Schedule of Off-Street Parking Requirements, shall be limited by the number of off-street parking spaces designated and constructed on an approved site plan.

The plans for any new building or any expansion of an existing building, when submitted for a building permit, shall show specifically the location, size and type of improvements of the off-street parking or loading space required to comply with this chapter and the means of access to such space from the pubic streets or highways. Except for individual one-, two- and three-family residences, no building permit shall be issued until such plan for parking and loading space and access to it and required improvements is approved by the Planning Board as part of site plan approval and the Planning Board has determined that traffic access, traffic circulation and the general layout of the parking facility are properly planned with regard to safety, traffic on the public street and adequacy of access for cars and pedestrians using the parking facility. No certificate of occupancy shall be issued for any building or land use until the required off-street parking and loading facilities have been established.

Required off-street parking facilities which, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the users or structures for which they were originally provided.

Location. Required parking and loading spaces shall be provided upon the same lot as the use or structure to which they are accessory, except that off-street parking spaces required for structures or land uses on two or more adjacent lots may be provided in a single common facility on one or more of said lots, provided that a legal instrument, satisfactory to the Village Attorney, assures the continued existence of the parking facility to serve said structures or land uses as long as they may exist. Such agreements shall also guarantee that upon the termination of such joint use, each subsequent use of the premises will provide off-street parking facilities for its own use in accordance with all requirements of this section. The Zoning Board of Appeals may also permit the substitution of space on another lot under certain conditions where, by reasons of difficult topography or abnormal shape of lot, strict compliance with the minimum off-street parking requirements specified in this chapter or in particular cases found to be necessary and so ordered by the Planning Board or by the Board of Appeals cannot be attained on the lot to which such space would be appurtenant. The Board of Appeals, after notice and hearing and upon recommendation of the Planning Board, may permit the substitution therefor of equivalent off-street parking space on another lot in the same ownership or under lease for a term of not less than five years, the entrance to which is not over 300 feet by normal pedestrian travel from the building or use to which such off-street parking space is appurtenant, and if such alternate off-street parking space is authorized, such space shall be deemed to be required open space appurtenant to such building or use and thereafter may not be used for any other purpose unless other alternative space complying with this subsection is substituted therefor and approved by the Board of Appeals. In no event shall such parking and/or loading spaces for a nonresidential use be so located without approval of the Zoning Board of Appeals.

Size of parking spaces. Each parking space shall be at least nine feet wide and 18 feet long. If enclosed, the Planning Board may require the size of the space to be increased for maneuverability.

Additional standards as to size and location. Off-street parking spaces shall be set back from any side-street line a distance equal to the front yard requirements on such side street unless lots are back to back, in which case they shall be set back 15 feet. Enclosed parking structures and paved parking areas shall constitute an accessory building and shall conform to the required setback requirements for the applicable zoning district as delineated in the Tarrytown Zoning Schedule. Notwithstanding the provisions of Subsection C(1) and (2):

Grades, drainage, paving and marking. Required off-street parking facilities may be enclosed in a structure or may be open, except as required specifically herein or by the Planning Board in site plan review. All required parking facilities shall be graded, surfaced, drained and maintained throughout the duration of their use to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways or adjacent lands. The maximum slope within a parking area shall not exceed 5%. In multifamily residential developments and in nonresidential developments, the Planning Board shall require the provision of suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits.

Parking and loading area landscaping. Except for parking spaces accessory to a one-, two- or three-family dwelling, all off-street parking areas shall be developed in accordance with Planning Board site plan approval and guidelines established by the Planning Board.

Traffic circulation. In order to encourage safe and convenient traffic circulation, the Planning Board may require the interconnection of parking areas via access drives within and between one or more adjacent lots. The Board shall require written assurance and/or deed restrictions, satisfactory to the Village Attorney, binding the owners and their heirs and assignees to permit and maintain such internal access, circulation and inter-use of parking facilities by the users of the facilities.

Miscellaneous parking requirements.

Minimum off-street parking requirements shall be as follows:

Reasonable and appropriate off-street parking requirements for structures and land uses which do not fall within the categories listed above shall be determined by the Planning Board and established in site plan review and approval.

If the applicant can provide a parking study which can show that the use in question can adequately provide parking at a lesser standard, or, because of multiple uses, a shared parking analysis shows that fewer spaces are needed to provide adequate parking, the Planning Board may reduce the amount of required parking that must be built by up to 20%. The Planning Board shall reserve the right to require the area that would have been used for parking to be land-banked for landscaping and screening, so that such area is reserved for future additional parking, if required. The Village Engineer will reserve the right to conduct a parking survey one year after a certificate of occupancy is issued to determine whether such additional parking is required.

Size. Each off-street loading space shall be at least 15 feet in width, 45 feet in length and 14 feet in clear height, exclusive of access and turning areas, except that adjacent loading spaces may each be 12 feet in width. Such spaces shall be within the principal structure or within a side or rear yard or within one of two or more access drives to a required parking area or within a single drive having a paved or unobstructed width of at least 25 feet.

Required number of loading spaces. The required number of loading spaces shall be as follows:

The maximum grade for any new driveway accessory to a permitted use or structure and connecting to a street, between the paved street and the required minimum setback line (the minimum yard requirement), shall be 10%, but the Planning Board, in approval of a site plan, shall have the discretion to allow a grade as steep as but no steeper than 13%. The Planning Board may require the modification of proposed steep driveways upon the recommendation of fire, police and EMS authorities, such as but not limited to the provision of additional off-street parking spaces near the access street and at the approximate street grade as a mitigating measure for parking in inclement weather or for other unique or hazardous conditions.

Notwithstanding the maximum permitted grades specified in Subsection B(1), no driveway serving a use shall have an entrance grade in excess of 4% within 30 feet of the center line of the traveled way of the street or within 20 feet of the front property line, whichever distance is greater. The Planning Board may require increased areas of this type in situations where, because of the nature of the proposed use or other circumstances, substantial traffic volumes are anticipated.

It shall be of evergreen planting of such type, height, spacing and arrangement as, in the judgment of the Planning Board, will effectively and reasonably screen the activity of the lot from the neighboring residential area. Nonevergreen planting may be included to supplement evergreen planting but not to take its place.

A wall or fence of location, height, design and materials approved by the Planning Board may be substituted for part or all of the required planting and buffer area.

Where the existing topography and/or landscaping provides adequate screening, or in cases of conflict between these and other landscape requirements established in this chapter, the Planning Board may, at its discretion, decide which of the conflicting requirements shall be applicable.