Tarrytown City Zoning Code
ARTICLE III
Zoning Districts; Map
§ 305-6 Districts enumerated.
[Amended 8-17-2020 by L.L. No. 7-2020]
For the purposes of this chapter, the Village of Tarrytown is hereby divided into the following classes or districts:
One-Family Residence | R-80 | |
One-Family Residence | R-60 | |
One-Family Residence | R-40 | |
One-Family Residence | R-30 | |
One-Family Residence | R-20 | |
One-Family Residence | R-15 | |
One-Family Residence | R-10 | |
One-Family Residence | R-7.5 | |
One-Family Residence | R-5 | |
Multifamily Residence | M-4 | |
Multifamily Residence | M-3 | |
Multifamily Residence | M-2 | |
Multifamily Residence | M-1.5 | |
Multifamily Residence | M-1 | |
SC Floating/Overlay | SC | |
Office Building | OB | |
Mixed Use | MU | |
Limited Business | LB | |
Neighborhood Shopping | NS | |
Historic Commons | HC | |
Restricted Retail | RR | |
General Business | GB | |
Waterfront General | WGBD | |
Waterfront | WD | |
Industrial | ID |
§ 305-7 Zoning Map. [1]
The boundaries of such districts and special building lines are hereby established as shown on the map entitled "Zoning Map, Village of Tarrytown," dated October 1, 2001, and from time to time amended, which may, with all explanatory matter therein, accompany and is hereby made part of this chapter.
[1]
Editor's Note: A copy of the Zoning Map is included at the end of this chapter.
§ 305-8 Interpretation of district boundaries.
Where uncertainty exists as to the locations of any boundaries shown on the Zoning Map, the following rules shall apply:
A.
District boundary lines are intended to follow lot lines or the center line of streets, railroads, rights-of-way or watercourses or be parallel or perpendicular thereto unless such district boundary lines are indicated by dimensions shown on the Zoning Map.
B.
Where district boundary lines divide a lot or unsubdivided property, the location of any such boundary, if not indicated by dimensions, shall be determined by the use of the map scale appearing thereon.
C.
Where such boundaries are indicted as approximately following the property lines of parks, other large public holdings or the boundaries of the Village, such lines shall be construed to be such boundaries.
D.
Where district boundaries are so indicated that they approximately follow the edge of lakes, ponds, reservoirs or other bodies of water, the mean high-water lines thereof shall be construed to be the district boundaries, except that the regulations of the most restrictive district on the edge of such a body of water shall apply to the area within the mean high-water line and the body of water thereof. Unless otherwise designated on the Zoning Map, the regulations of the most restrictive district on the edge of such body of water shall apply to all Village land under water.
E.
Any boundary extending into the Hudson River or other bodies of water bordering the Village shall be deemed to extend to the boundary of the Village unless otherwise indicated.
F.
If the district classification of any land is in question, it shall be deemed to be in the most restrictive adjoining district.
G.
All distances and measurements, with the exception of height, shall be taken horizontally. Height measurements shall be taken vertically or perpendicular to horizontal measurements.
§ 305-9 Lots in more than one district.
Where a lot in one ownership of record is divided by one or more district boundary lines, the regulations for the less restrictive portion of such lot shall not extend into the more restrictive portion of the lot.
§ 305-10 Order of restrictiveness.
For purposes of these regulations, where districts are referred to as being generally "more restrictive" or "less restrictive" with respect to permitted uses and intensity of development, the designation shall refer to the order in which the districts are set forth in § 305-6, the first named being the most restrictive.
§ 305-11 Schedule; application of district regulations.
A.
Schedule: purpose and adoption. To facilitate public understanding of this chapter and for the better administration thereof, the regulations establishing required open spaces, limiting the use of land and buildings, and the location, arrangement, height and size of buildings requirements are set forth in the annexed scheduled controlling land and buildings for each of the districts established by § 305-6 of this chapter. Such schedule is hereby adopted and declared to be part of this chapter, hereafter referred to as "the schedule," and may be amended in the same manner as any other part of this chapter. References in parenthesis do not constitute a part of this chapter. (Note: For convenience, the schedule has been printed on the reverse side of the Zoning Map.[1])
[1]
Editor's Note: The Zoning Map and schedule are included at the end of this chapter.
B.
Applicability.
(1)
No use or uses shall be permitted in any district unless said use is specifically listed or referenced on the schedule, and only then in the district in which it is noted.
(2)
No use of land or existing or proposed buildings or structures shall be permitted in the Village unless expressly listed on the schedule or interpreted as listed on the schedule by the Zoning Board of Appeals in cases of unclarity. All permitted uses shall conform to the specific requirements of at least the minimum or maximum standards as listed in the schedule and to additional standards and provisions which may exist elsewhere in this chapter, including but not limited to the provisions of site plan review and compatible use permits. In the course of site plan review, the Planning Board shall have the authority to establish any particular standard listed in this chapter as both a minimum or maximum standard. In support of such action, the Planning Board shall set forth the reasons which it determines to be necessary or appropriate for the justification of the particular minimum or maximum standard or standards established.
(3)
All regulations, standards, provisions and other conditions of this chapter and all permits which may be granted pursuant thereto, such as but not limited to site plan approval, subdivision approval, compatible use permit approval, building permits, variances and compatible use permits, shall be applicable to the land and/or real property towards which the permit is directed and shall run with said land or real property until such time as they may expire or be modified pursuant to this chapter and shall not in any way be restricted or modified by ownership of the land in question except as may be permitted by law.
C.
Inconsistencies. In the case of inconsistency in any requirements, limits or restrictions between the schedule of land and buildings[2] and the Local Zoning Law, the most restrictive shall prevail. Interpretation shall be by the Board of Appeals, if requested, pursuant to Article XVI of this chapter.
[2]
Editor's Note: The schedule is included at the end of this chapter.
§ 305-12 Construal of provisions; compliance required.
Notwithstanding other provisions of this chapter to the contrary, the regulations outlined in Articles IV through IX supplement the schedule of regulations, § 305-11A,[1] and the general regulations, § 305-44, as specifically indicated in the schedule. No building permit shall be issued except for buildings in conformity with these regulations and with a site plan approved by the Planning Board, where required by this chapter, and no certificate of occupancy or compliance shall be issued until all of the requirements of this chapter, including those required by the Planning Board under the provisions of or as referenced by this chapter, have been met.
[1]
Editor's Note: The schedule is included at the end of this chapter.
§ 305-13 Purpose; applicability.
The following §§ 305-14 through 305-43 set forth additional specific requirements, standards and conditions which apply to principal uses and related accessory uses, as may be noted in the schedule of regulations.[1]
[1]
Editor's Note: The schedule is included at the end of this chapter.