Tarrytown City Zoning Code
ARTICLE IV
Single-Family Residential Zones
§ 305-14 Residential R-80 Zone.
The following requirements, standards and conditions apply to the Residential R-80 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education are permitted on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit.
[Added 2-8-2023 by L.L. No. 2-2023]
(a)
Intent. The Village seeks to legalize and control existing accessory dwelling units in single-family residential zones and regulate new conversions or new construction of accessory dwelling units in single-family residential zones; to diversify housing while ensuring single-family residential zones maintain their character; to ease single-family homeowners' financial burden by allowing a means of rental income, to provide for the health, safety and welfare of the Village of Tarrytown's residents and the occupants of accessory dwelling units.
(b)
Required standards. The Building Department shall grant a permit only to single-family dwellings for the creation, legalization or construction of an accessory dwelling unit (ADU): (i) within or as an addition to an existing main building in all single-family residential zones (R-80, R-60, R-40, R-30, R-20, R-15, R-10, R-7.5 and R-5); (ii) within an existing detached accessory building in all single-family residential zones, provided the existing accessory building meets all the requirements of this chapter; and (iii) within a new detached accessory building that meets all the requirements of this chapter only in the R-80, R-60, R-40, R-30, R-20 and R-15 residential zones, subject to any applicable building and fire code standards and subject to these standards:
[1]
Number of ADUs per lot. There shall be no more than one ADU per lot.
[2]
Owner occupancy. The owner of the single-family residence lot must reside as the owner's primary residence in either the main dwelling unit or the ADU.
[3]
Floor area. An ADU shall have a minimum habitable floor area of 300 square feet and a maximum habitable floor area of 1,000 square feet. Notwithstanding the foregoing, an ADU shall not have a habitable floor area of more than 50% of the habitable floor area of the lot's primary dwelling.
[4]
Bedrooms. The maximum number of bedrooms in an ADU shall be two, except that in R-10, R-7.5 and R-5 Zones, there shall be no more than a studio or one bedroom allowed in an ADU.
[5]
Nonconforming main building. Notwithstanding any other provision of this chapter, an existing main building that is legally nonconforming with current dimensional or coverage regulations may be legally changed in use, in whole or in part, to an ADU, provided that the dimensional nonconformity is not increased and provided the height of an existing building that fails to meet setback requirements is not increased.
[6]
Entrances. No new entrances to the street-facing façade of a main building may be added for the purpose of creating an ADU.
[7]
Height of ADU. Notwithstanding any other provisions of this chapter, the maximum building height shall be the lesser of: (1) 25 feet; or (2) the height of the one-family dwelling main building.
[8]
Minimum term of rental. The rental term of an ADU shall be for at least six months.
[9]
Parking. Single-family dwellings improved with an ADU shall have a minimum of a total of three off-street parking spaces with a minimum of one of the three off- street parking spaces designated for the ADU, except single-family dwellings located north of Route 119/White Plains Road and west of Broadway only require a minimum of a total of two off-street parking spaces.
[10]
Certificate of owner occupancy. The owner of the property shall certify to the Village, in the form of an affidavit provided by the Building Department, that the owner resides at the single-family residence improved with an ADU as the owner's primary residence in either the main dwelling unit or the ADU. Such certification shall be made at the time of the initial application filed with the Building Inspector and after the sale or conveyance of the single-family residence.
[11]
Adequacy of septic system. If the lot is serviced by a septic system, the owner must demonstrate that the existing septic system can handle the addition of any ADU by securing the necessary permits from the Westchester County Department of Health.
[12]
Land Use Board review. No Land Use Board review is necessary for an ADU permit that complies with the requirements in this Subsection B(15)(b) except if: (i) (a) a new addition to an existing one-family dwelling is created for the ADU and the addition increases footprint, square footage or FAR, triggering the requirement for Planning Board site plan approval under § 305-132A(1); (b) an existing garage is converted to an ADU resulting in the need for on-site parking triggering the requirement for Planning Board site plan approval under § 305-132A(2); and/or (c) there is a change, addition or modification to land or buildings designated as an historic district or historic landmark by the Village Board triggering the requirement for Planning Board site plan approval under § 305-132A(3); and/or (ii) Architectural Review Board approval under § 9-4A(4).
(c)
Penalties for offenses.
[1]
Any owner or builder, or any agent of either of them, who fails to secure a permit for the construction of creation of ADU, who allows occupancy of an ADU without a certificate of occupancy for the ADU, or who constructs or causes to be constructed an ADU in violation of the provisions of this chapter, shall be in violation of this chapter and subject to penalties under § 305-115 of this chapter.
[2]
It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any portion of any premises as an ADU in the Village of Tarrytown without first having obtained a permit and certificate of occupancy for the ADU from the Village of Tarrytown Building Department.
[3]
All ADU owners who have not previously obtained a permit and certificate of occupancy for an ADU located on their lots shall apply to the Building Department within six months following the effective date of this subsection (and if necessary, the Zoning Board of Appeals). If application is so made within said six-month period, the owner of the ADU shall not be deemed in violation of this subsection. If application is not made within said six-month period, the owner of the ADU shall be deemed in violation of this chapter and shall be subject to the penalties provided herein.
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 80,000 square feet.
§ 305-15 Residential R-60 Zone.
The following requirements, standards and conditions apply to the Residential R-60 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 60,000 square feet.
§ 305-16 Residential R-40 Zone.
The following requirements, standards and conditions apply to the Residential R-40 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 40,000 square feet.
§ 305-17 Residential R-30 Zone.
The following requirements, standards and conditions apply to the Residential R-30 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space is permitted for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 30,000 square feet.
§ 305-18 Residential R-20 Zone.
The following requirements, standards and conditions apply to the Residential R-20 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 20,000 square feet.
§ 305-19 Residential R-15 Zone.
The following requirements, standards and conditions apply to the Residential R-15 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 15,000 square feet.
§ 305-20 Residential R-10 Zone.
The following requirements, standards and conditions apply to the Residential R-10 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 10,000 square feet.
§ 305-21 Residential R-7.5 Zone.
The following requirements, standards and conditions apply to the Residential R-7.5 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
B.
Permitted accessory uses.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 7,500 square feet.
§ 305-22 Residential R-5 Zone.
The following requirements, standards and conditions apply to the Residential R-5 Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses and buildings for religious education on sites of not less than two acres and which shall meet all other area and dimensional requirements of the particular district within which they are located. No more than two persons unrelated by blood, adoption or marriage shall reside therein, living and/or functioning together as a single nonprofit housekeeping unit, exclusive of household servants not exceeding two in number.
(3)
Municipal uses.
(4)
Buildings and facilities for a private or cooperative limited-membership community center shall be permitted on sites of not less than 1 1/2 acres each.
(5)
As to two- or three-family dwellings, the third floor of any building shall not be used as a separate dwelling unit but may be used for storage or for sleeping rooms appurtenant to the second-floor dwelling unit.
(6)
In any R-5 Residence District, an existing one-family dwelling may be converted or a new dwelling may be erected for occupancy by not more than two families in separate dwelling units, provided that:
(a)
The separate dwelling units may be one above the other or side by side and each shall contain not less than 750 square feet of livable floor area.
(b)
In new structures, the lot shall have an area of not less than 2,000 square feet per dwelling unit.
(c)
In a converted dwelling, the third floor or higher floors shall not be used for a separate dwelling unit but may be used for storage or the third floor may be used for sleeping rooms appurtenant to a second-floor dwelling unit.
(7)
In existing residential structures certified as historic in nature by the Village Board of Trustees and recommended by the Historic Architectural Review Board, the Planning Board may permit the conversion of said historic structure into housing for up to three families in separate dwelling units, provided that the conditions of Subsection A(6) are met, if applicable.
B.
Permitted accessory uses. Freestanding accessory buildings shall not be permitted in the R-5 Zone. Accessory uses shall be within or attached to a principal building directly or by a breezeway or roofed corridor not exceeding 15 feet in length.
(1)
The raising of ornamental and food crops for use only by occupants of such property.
(2)
A noncommercial greenhouse on any lot in excess of 6,000 square feet in the rear yard only, provided that it does not exceed 2% of the lot area in ground coverage; similarly, a child's playhouse shall be permitted, provided that it shall not exceed 1% of the lot area.
(3)
The keeping of dogs and cats as household pets, provided that the total number of such pets shall not exceed five animals over the age of six months.
(4)
The keeping of not more than two boarders or lodgers by a resident family or person, provided that the resultant density of occupancy does not exceed two persons for each bedroom in the applicable premises. A boarder/lodger occupancy permit shall be required for each boarder or lodger proposed to be established. Said boarder/lodger permit shall be automatically null and void one year from the date of its issuance or upon changing of ownership of the host property, whichever shall occur earliest, and may be renewed upon inspection and certification by the Code Enforcement Officer as being in compliance with the requirements of this chapter and the State Uniform Fire Prevention and Building Code. Notwithstanding other requirements of this chapter, no boarder/lodger permit shall be granted by the Code Enforcement Officer unless said officer certifies that at least one off-street parking space has been provided and is available for the use of said boarder and/or lodger in addition to other off-street parking space requirements which may exist. Five years from the adoption date of this chapter, any host property which maintains in excess of the maximum number of boarders or lodgers as permitted and regulated in this section shall reduce said occupancy so as to comply with these maximum occupancy provisions.
(5)
A customary incidental home occupation conducted solely by the owner of the home residing on the premises, provided that:
(6)
Professional offices or studios, provided that:
(a)
The professional office existed prior to September 5, 1989, and said professional office was in full compliance with the Village of Tarrytown Zoning Code, as amended, as of September 5, 1989.
(b)
The owner of the home resides therein.
(c)
The owner of the home maintains her or his professional office or studio therein.
(d)
Not more than two assistants shall be employed at the same time in the office of any doctor or dentist and not more than one employee in any other professional office listed.
(e)
The term "professional" is limited to those occupations listed in Title VIII of the Education Law of the State of New York, Article 15 of the Judiciary Law of the State of New York and Article 15 of the Business Corporation Law of the State of New York.
(7)
Accessory private garage space for not more than one private passenger vehicle for each 5,000 square feet of lot area, except that garage space for two such private vehicles shall be permitted on any lot of 5,000 square feet or more, and one commercial vehicle belonging to the owner or lessee of such lot may be kept in a fully enclosed structure. Such garage space may be within, under or directly connected by a breezeway to the principal building, or on lots of 7,500 square feet or more may be separated from such principal building, but space for not more than one private passenger vehicle may be leased to a nonresident of the premises.
(8)
Organized child-care facilities, including but not limited to nursery schools and day-care centers, designed and licensed by the State of New York to conduct the care and feeding of children of preschool and elementary school age, subject to site plan approval by the Planning Board.
(14)
Other accessory structures, such as toolhouses, a child's playhouse, wading pools, outdoor fireplaces or drying yards, not to be located in any front yard or to be nearer to any side or rear lot line than the distance specified in the yard requirements.
(15)
Accessory dwelling unit in compliance with § 305-14B(15).
[Added 2-8-2023 by L.L. No. 2-2023]
C.
Uses requiring compatible use permits.
(1)
A public, sectarian or private elementary or secondary school, college, university, theological or trade or industrial school with or without assembly and residence halls with customary incidental facilities, whether or not operated for gain or profit. (See § 305-128.)
(3)
In structures certified by the Board of Trustees as historic structures, the Zoning Board of Appeals may permit the conversion of a one-family dwelling into a maximum of three separate dwelling units where such conversion is necessary to preserve the historic structures, provided that each dwelling unit shall contain the minimum livable floor area required in that district and further subject to the issuance of a certificate of appropriateness by the Architectural Review Board.
D.
Minimum lot area: 5,000 square feet.