Tarrytown City Zoning Code
ARTICLE V
Floor Area Ratios Cap
§ 305-23 Purpose and applicability.
A.
The unique character of residential neighborhoods in Tarrytown rests on the diversity in the style and design of houses as well as the general uniformity in the scale of houses located on similarly sized lots in neighborhoods throughout the community. The recent trend of tearing down existing houses and replacing them with larger houses or building large additions to existing houses threatens the appearance of Tarrytown's neighborhoods and impacts upon the health, safety, welfare, and quality of life in Tarrytown.
B.
This article establishes a maximum floor area ratio (FAR) for all single-family homes in both single-family and multifamily residence districts within the Village of Tarrytown. It responds both to the desire of residents to enlarge their homes to meet the needs of their families and to preserve neighborhood character by requiring houses to appear to be of the same or similar scale to others in the neighborhood. It is the intent of this article to encourage both new houses and expansions or alterations to existing houses to have a consistent scale with the nearby residences on both sides of the street. The FAR provisions are intended to be applied together with other provisions of the Village Code, including the provisions for lot coverage.
§ 305-24 Definitions.
Words used in this article shall have the meanings indicated in Chapter 305, Zoning, and, in addition thereto, the following terms shall have the meanings indicated:
An outdoor platform attached to the principal structure of a building and built above the natural grade. A deck does not have a roof and is exposed to the elements.
The supporting substructure of a building or structure, including but not limited to basements, cellars, and basement garages, slabs, sills, posts or frost walls, inclusive of any windows.
The sum of the gross area of all floors of a residence, measured to the exterior of the outside walls. In calculating the gross floor area of houses for the purpose of calculating floor area ratio (FAR), all floor areas of each floor of all principal and all accessory structures on the lot shall be included, except for the portion which may be exempted as provided in § 305-26. Any interior space with a floor-to-ceiling height in excess of 14 feet shall be counted twice.
The distance between the finished floor and the finished ceiling of an interior space. The distance shall be equal to the length of a theoretical line drawn from the floor to a point of the highest portion of the ceiling directly above it and is perpendicular to the horizontal plane of the floor.
A structure attached to a building, with a floor, roof, and structural supports, and permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material). Screens, curtains, or latticework made of wire mesh, cloth, paper, strips of wood or metal, or other similar material shall not be considered "solid" for the purpose of this definition. A porch does not need to be heated or insulated to be considered "enclosed."
A structure attached to a building which has a floor, a roof, and structural supports but not permanently, seasonally, or temporarily enclosed with solid materials, such as glass or lexan (a clear, durable, hard plastic material).
A lot that is smaller than the minimum lot size for a zone as specified in § 305-11 of this Zoning Code.
§ 305-25 Maximum floor area.
A.
The maximum floor area permitted for houses within each of the Village's single-family residential zoning districts shall be determined by the floor area shown in Table 1. Maximum residential floor area for any lot may not exceed the maximum residential floor area permitted in the zone in which it is located, as shown on Table 1. Lots that exceed the minimum lot size permitted in a zone, as specified in § 305-11, are subject to the maximum square footage specified in Table 1, regardless of the size of the lot.
B.
For lots that are smaller than the minimum lot size permitted in the zone, the maximum floor area shall be determined by the floor area ratio (FAR) shown in Table 2. Where the lot size falls between the lot sizes specified in Table 2, applicable FAR shall be determined by rounding down the lot size to the nearest 1,000 square feet. Maximum square footage for undersized lots shall be determined by multiplying the lot size by the applicable FAR.
Table 1 | ||
|---|---|---|
Illustrative Table of Maximum Gross Floor Area | ||
Zone | Maximum Gross Floor Area (square feet) | |
R-5 | 2,150 | |
R-7.5 | 2,925 | |
R-10 | 3,500 | |
R-15 | 4,350 | |
R-20 | 5,200 | |
R-30 | 6,000 | |
R-40 | 6,500 | |
R-60 | 8,700 | |
R-80 | 11,600 | |
Table 2 | |||
|---|---|---|---|
Illustrative Table of Floor Area Ratio (FAR) and Maximum Gross Floor Area Ratio for Undersized Lots | |||
Lot Size (square feet) | FAR | Maximum Gross Floor Area (square feet) | |
3,000 | 0.4300 | 1,290 | |
4,000 | 0.4300 | 1,720 | |
5,000 | 0.4300 | 2,150 | |
6,000 | 0.4140 | 2,484 | |
7,000 | 0.3980 | 2,786 | |
8,000 | 0.3820 | 3,056 | |
9,000 | 0.3660 | 3,294 | |
10,000 | 0.3500 | 3,500 | |
11,000 | 0.3380 | 3,718 | |
12,000 | 0.3260 | 3,912 | |
13,000 | 0.3140 | 4,082 | |
14,000 | 0.3020 | 4,228 | |
15,000 | 0.2900 | 4,350 | |
16,000 | 0.2840 | 4,544 | |
17,000 | 0.2780 | 4,726 | |
18,000 | 0.2720 | 4,896 | |
19,000 | 0.2660 | 5,054 | |
20,000 | 0.2600 | 5,200 | |
21,000 | 0.2540 | 5,334 | |
22,000 | 0.2480 | 5,456 | |
23,000 | 0.2420 | 5,566 | |
24,000 | 0.2360 | 5,664 | |
25,000 | 0.2300 | 5,750 | |
26,000 | 0.2240 | 5,824 | |
27,000 | 0.2180 | 5,886 | |
28,000 | 0.2120 | 5,936 | |
29,000 | 0.2060 | 5,974 | |
30,000 | 0.2000 | 6,000 | |
31,000 | 0.1955 | 6,061 | |
32,000 | 0.1910 | 6,112 | |
33,000 | 0.1865 | 6,155 | |
34,000 | 0.1820 | 6,188 | |
35,000 | 0.1775 | 6,213 | |
36,000 | 0.1745 | 6,282 | |
37,000 | 0.1715 | 6,346 | |
38,000 | 0.1685 | 6,403 | |
39,000 | 0.1655 | 6,455 | |
40,000 | 0.1625 | 6,500 | |
41,000 | 0.1605 | 6,581 | |
42,000 | 0.1585 | 6,657 | |
43,000 | 0.1565 | 6,730 | |
44,000 | 0.1545 | 6,798 | |
45,000 | 0.1525 | 6,863 | |
46,000 | 0.1510 | 6,946 | |
47,000 | 0.1495 | 7,027 | |
48,000 | 0.1480 | 7,104 | |
49,000 | 0.1465 | 7,179 | |
50,000 | 0.1450 | 7,250 | |
51,000 | 0.1450 | 7,395 | |
52,000 | 0.1450 | 7,540 | |
53,000 | 0.1450 | 7,685 | |
54,000 | 0.1450 | 7,830 | |
55,000 | 0.1450 | 7,975 | |
56,000 | 0.1450 | 8,120 | |
57,000 | 0.1450 | 8,265 | |
58,000 | 0.1450 | 8,410 | |
59,000 | 0.1450 | 6,555 | |
60,000 | 0.1450 | 8,700 | |
61,000 | 0.1450 | 8,845 | |
62,000 | 0.1450 | 8,990 | |
63,000 | 0.1450 | 9,135 | |
64,000 | 0.1450 | 9,280 | |
65,000 | 0.1450 | 9,425 | |
66,000 | 0.1450 | 9,570 | |
67,000 | 0.1450 | 9,715 | |
68,000 | 0.1450 | 9,860 | |
69,000 | 0.1450 | 10,005 | |
70,000 | 0.1450 | 10,150 | |
71,000 | 0.1450 | 10,295 | |
72,000 | 0.1450 | 10,440 | |
73,000 | 0.1450 | 10,585 | |
74,000 | 0.1450 | 10,730 | |
75,000 | 0.1450 | 10,875 | |
76,000 | 0.1450 | 11,020 | |
76,230 | 0.1450 | 11,053 | |
76,231+ | None | None1 | |
Notes: | |
|---|---|
1 Houses which exceed 15,000 square feet in size shall be required to obtain a compatible use permit from the Zoning Board of Appeals. |
§ 305-26 Additional provisions for calculation of floor area.
A.
Decks, patios, unenclosed porches and porticoes.
(1)
All space in unroofed structures such as decks and patios shall be excluded from the calculation of FAR.
(2)
All space in unenclosed porches and porticoes shall be excluded from the calculation of FAR. For the purpose of FAR calculation, "unenclosed" shall mean those porches or porticoes that are open and not permanently, seasonally or temporarily enclosed.
B.
Basements, cellars and basement garages. The percentage of a basement, cellar, or basement garage square footage that is included in the calculation of FAR shall be equal to the percent of the foundation with three feet or more of exposed foundation above predevelopment grade. This percentage shall be calculated by dividing the lineal footage of exposed foundation that is three feet or more in height by the total lineal footage of the circumference of the foundation.
C.
Attics or space under a sloping roof. All unfinished or finished space in an attic or under a sloping roof that is seven feet or higher, as measured from the floor of the attic (or floor of the space under a sloping roof) to the underside of the roof structure, shall be included in the calculation of FAR.
E.
Sheds. Outdoor sheds that are less than 100 square feet (10 feet by 10 feet) shall be excluded from the calculation of FAR.
§ 305-27 Procedures for floor area ratio review of houses.
A.
Building permit review. Upon receipt of a building permit application for a house, the Building Department shall determine whether granting the building permit would result in a building FAR in excess of the maximum FAR prescribed under § 305-25.
B.
Houses at or below the maximum FAR. If a house's gross residential floor area does not exceed the maximum FAR, the Building Department shall proceed with the building permit application, with no further FAR review.
C.
Houses above the maximum FAR. Applications for building permits for residences whose total floor area exceeds the maximum permitted FAR shall be required to seek an area variance from the Zoning Board of Appeals in accordance with § 305-118 of the Tarrytown Zoning Code. The Zoning Board of Appeals may, at its discretion, refer the application to the Board of Architectural Review for an advisory opinion. Any application for an area variance for FAR for a residence shall require the submission of the following additional materials in addition to those required for the building permit and those required under § 305-134 of the Tarrytown Zoning Code:
(1)
Elevations of the houses on both sides of the subject house;
(2)
Photographs of neighboring houses, structures, and yards within 200 feet on either side of the subject house; and
(3)
Floor area ratios of neighboring houses on similarly sized lots within 200 feet on either side of the subject house.
(4)
The applicant shall also provide written or verbal testimony addressing the proofs required for area variances.
§ 305-28 Effective date; effect on current applications.
Notwithstanding the effective date of this article, any application that has obtained site plan approval, a wetlands permit, or cluster subdivision approval from the Planning Board, an area variance from the Zoning Board of Appeals, and/or final approval from the Board of Architectural Review as of October 1, 2007, shall not be subject to the revisions to this article made on October 1, 2007.