Tarrytown City Zoning Code
ARTICLE VI
Multifamily Residential Zones
§ 305-29 Multifamily Residential M-4 Zone.
The following requirements, standards and conditions apply to the Multifamily Residential M-4 Zone:
A.
Permitted principal uses.
(1)
In M-4 Districts, any permitted principal use in any one-family district shall be permitted, except that the limitations in Columns 6 to 20 of the schedule of regulations[1] as to one-family dwellings in the R-20 District shall apply:
(a)
One-family detached dwellings.
(b)
Churches, synagogues, parish houses or buildings for Sunday school or 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.
(c)
Municipal uses.
(d)
Private or cooperative limited-membership community centers, recreation centers or clubhouses, on sites of not less than 1 1/2 acres each.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
In an M-4 or M-3 District, a multifamily dwelling for three or more families or a group of multifamily dwellings, provided that the site development plan for such groups, as provided in Article XVI, shall be subject to review and approval by the Planning Board.
(3)
In an M-4 or M-3 District, the construction of a two-family dwelling or the conversion of a one-family dwelling for no more than two-family use, provided that the requirements of Columns 6 to 20, inclusive, of the schedule of regulations[2] as to two-family dwellings in M-2 Districts are fully met.
[2]
Editor's Note: The schedule is included at the end of this chapter.
(4)
In all M Districts:
(a)
There shall be no more than four dwelling units within each building or structure.
(b)
All multifamily dwellings shall be subject to site development plan approval as provided in Article XVI and as further provided for M-3 and M-4 Districts in Subsection A(2). In reviewing and regulating said site plans, the Planning Board shall determine and establish, among other things, that no more than three multifamily buildings or structures shall be attached by any structure capable of being occupied to any other multifamily buildings or structures. In its deliberations, the Planning Board shall be responsible for making the determination that no multifamily buildings or structures are fully attached to any others.
(c)
The required minimum distance between multifamily structures shall be equal to the height of building of the higher of the structures, but in no case shall this distance be less than 25 feet.
(d)
Minimum standards shall be as noted in Columns 6 to 19 of the schedule of regulations,[3] except that all such standards shall be increased by 10% for each dwelling unit proposed in excess of the total numbers of dwelling units already noted for each district in the schedule.
[3]
Editor's Note: The schedule is included at the end of this chapter.
(e)
As part of site development plan approval pursuant to Article XVI of this chapter, the Planning Board may require facade and other design innovations so as to provide relief, in the Planning Board's opinion, from monotonous or otherwise drab exterior building features.
(f)
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.
B.
Permitted accessory uses.
(1)
Accessory uses permitted for all uses:
(a)
Customary incidental home occupations in a permitted dwelling or dwelling unit conducted solely by persons residing on the premises, provided that they cause no noise, odor, vibration or other annoyance to other tenants.
(b)
Professional offices or studios of artists, architects, dentists, doctors or engineers residing on the premises, except that any doctor, dentist or other professional person maintaining regular office hours for visits of patients or clients shall be located on the ground floor only.
(c)
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.
(2)
Accessory uses permitted for one- and two-family dwellings:
(a)
The raising of ornamental and food crops for use only by occupants of such property.
(b)
Noncommercial greenhouses for personal use only, on any lot in excess of 6,000 square feet in the rear yard only, provided that they do not exceed 2% of the lot area in ground coverage.
(c)
The keeping of no more than five dogs or cats over the age of six months as household pets.
(d)
Accessory private garage space. In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
(e)
Other accessory structures, such as toolhouses, a child's playhouse, swimming or 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 by the yard requirements, provided that they shall not exceed 1% of the lot area in ground coverage.
(3)
Accessory uses permitted for multifamily dwellings.
(a)
Required off-street recreation space. On the same lot with any multifamily dwelling hereafter erected, there shall be provided as a required accessory use a fenced area, or areas, containing not less than 100 square feet of suitable play space for children for each dwelling unit therein.
(b)
The keeping of not more than one dog or cat above the age of six months as a household pet.
(c)
Accessory garages. In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
(d)
The keeping by a family or person residing in a multifamily dwelling of not more than two boarders or lodgers is permitted, provided that the resulting density of occupancy shall not exceed two persons per separate bedroom in such dwelling unit.
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)
Nursing homes, provided that said use is located on a lot which is at least 120,000 square feet in size, that there is at least 750 square feet of lot area per bed, and that each bedroom contains at least 100 square feet of floor area per bed.
D.
Minimum lot area: 20,000 square feet.
§ 305-30 Multifamily Residential M-3 Zone.
The following requirements, standards and conditions apply to the Multifamily Residential M-3 Zone:
A.
Permitted principal uses.
(1)
In M-3 Districts, any permitted principal use in any one-family district shall be permitted, except that the limitations in Columns 6 to 20 of the schedule of regulations[1] as to one-family dwellings in the R-15 District shall apply:
(a)
One-family detached dwellings.
(b)
Churches, synagogues, parish houses or buildings for Sunday school or 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.
(c)
Municipal uses.
(d)
Private or cooperative limited-membership community centers, recreation centers or clubhouses, on sites of not less than 1 1/2 acres each.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
In an M-4 or M-3 District, a multifamily dwelling for three or more families or a group of multifamily dwellings, provided that the site development plan for such groups as provided in Article XVI shall be subject to review and approval by the Planning Board.
(3)
In an M-4 or M-3 District, the construction of a two-family dwelling or the conversion of a one-family dwelling for no more than two-family use, provided that the requirements of Columns 6 to 20, inclusive, of the schedule of regulations[2] as to two-family dwellings in M-2 Districts are fully met.
[2]
Editor's Note: The schedule is included at the end of this chapter.
(4)
In all M Districts:
(a)
There shall be no more than four dwelling units within each building or structure.
(b)
All multifamily dwellings shall be subject to site development plan approval as provided in Article XVI and as further provided for M-3 and M-4 Districts in Subsection A(2). In reviewing and regulating said site plans, the Planning Board shall determine and establish, among other things, that no more than three multifamily buildings or structures shall be attached by any structure capable of being occupied to any other multifamily buildings or structures. In its deliberations, the Planning Board shall be responsible for making the determination that no multifamily buildings or structures are fully attached to any others.
(c)
The required minimum distance between multifamily structures shall be equal to the height of building of the higher of the structures, but in no case shall this distance be less than 25 feet.
(d)
Minimum standards shall be as noted in Columns 6 to 19 of the schedule of regulations,[3] except that all such standards shall be increased by 10% for each dwelling unit proposed in excess of the total numbers of dwelling units already noted for each district in the schedule.
[3]
Editor's Note: The schedule is included at the end of this chapter.
(e)
As part of site development plan approval pursuant to Article XVI of this chapter, the Planning Board may require facade and other design innovations so as to provide relief, in the Planning Board's opinion, from monotonous or otherwise drab exterior building features.
(f)
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.
B.
Permitted accessory uses.
(1)
Accessory uses permitted for all uses.
(a)
Customary incidental home occupations in a permitted dwelling or dwelling unit conducted solely by persons residing on the premises, provided that they cause no noise, odor, vibration or other annoyance to other tenants.
(b)
Professional offices or studios of artists, architects, dentists, doctors or engineers residing on the premises, except that any doctor, dentist or other professional person maintaining regular office hours for visits of patients or clients shall be located on the ground floor only.
(c)
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.
(2)
Accessory uses permitted for one- and two-family dwellings.
(a)
The raising of ornamental and food crops for use only by occupants of such property.
(b)
Noncommercial greenhouses for personal use only, on any lot in excess of 6,000 square feet in the rear yard only, provided that they do not exceed 2% of the lot area in ground coverage.
(c)
The keeping of no more than five dogs or cats over the age of six months as household pets.
(d)
Accessory private garage space. In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
(e)
Other accessory structures, such as toolhouses, a child's playhouse, swimming or 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 by the yard requirements.
(3)
Accessory uses permitted for multifamily dwellings.
(a)
Required off-street recreation space. On the same lot with any multifamily dwelling hereafter erected, there shall be provided as a required accessory use a fenced area, or areas, containing not less than 100 square feet of suitable play space for children for each dwelling unit therein.
(b)
The keeping of not more than one dog or cat above the age of six months as a household pet.
(c)
Accessory garages. In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
(d)
The keeping by a family or person residing in a multifamily dwelling of not more than two boarders or lodgers is permitted, provided that the resulting density of occupancy shall not exceed two persons per separate bedroom in such dwelling unit.
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)
Nursing homes, provided that said use is located on a lot which is at least 120,000 square feet in size, that there is at least 750 square feet of lot area per bed, and that each bedroom contains at least 100 square feet of floor area per bed.
D.
Minimum lot area: 15,000 square feet.
§ 305-31 Multifamily Residential M-2 Zone.
The following requirements, standards and conditions apply to the Multifamily Residential M-2 Zone:
A.
Permitted principal uses.
(1)
In M-2 Districts, any permitted principal use in any one-family district shall be permitted, except that the limitations in Columns 6 to 20 of the schedule of regulations[1] as to one-family dwellings in the R-10 District shall apply:
(a)
One-family detached dwellings.
(b)
Churches, synagogues, parish houses or buildings for Sunday school or 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.
(c)
Municipal uses.
(d)
Private or cooperative limited-membership community centers, recreation centers or clubhouses, on sites of not less than 1 1/2 acres each.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
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 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.
(3)
In all M Districts:
(a)
There shall be no more than four dwelling units within each building or structure.
(b)
All multifamily dwellings shall be subject to site development plan approval as provided in Article XVI of this chapter. In reviewing and regulating said site plans, the Planning Board shall determine and establish, among other things, that no more than three multifamily buildings or structures shall be attached by any structure capable of being occupied to any other multifamily buildings or structures. In its deliberations, the Planning Board shall be responsible for making the determination that no multifamily buildings or structures are fully attached to any others.
(c)
The required minimum distance between multifamily structures shall be equal to the height of building of the higher of the structures, but in no case shall this distance be less than 25 feet.
(d)
Minimum standards shall be as noted in Columns 6 to 19 of the schedule of regulations,[2] except that all such standards shall be increased by 10% for each dwelling unit proposed in excess of the total numbers of dwelling units already noted for each district in the schedule.
[2]
Editor's Note: The schedule is included at the end of this chapter.
(e)
As part of site development plan approval pursuant to Article XVI of this chapter, the Planning Board may require facade and other design innovations so as to provide relief, in the Planning Board's opinion, from monotonous or otherwise drab exterior building features.
(f)
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.
B.
Permitted accessory uses.
(1)
Accessory uses permitted for all uses.
(a)
Customary incidental home occupations in a permitted dwelling or dwelling unit conducted solely by persons residing on the premises, provided that they cause no noise, odor, vibration or other annoyance to other tenants.
(b)
Professional offices or studios of artists, architects, dentists, doctors or engineers residing on the premises.
(c)
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.
(2)
Accessory uses permitted for one- and two-family dwellings.
(a)
The raising of ornamental and food crops for use only by occupants of such property.
(b)
Noncommercial greenhouses for personal use only, on any lot in excess of 6,000 square feet in the rear yard only, provided that they do not exceed 2% of the lot area in ground coverage.
(c)
The keeping of no more than five dogs or cats over the age of six months as household pets.
(d)
Accessory private garage space.
(e)
Other accessory structures, such as toolhouses, a child's playhouse, swimming or 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 by the yard requirements, provided that they shall not exceed 1% of the lot area in ground coverage.
(4)
Additional provisions.
(a)
In M-2, M-1.5 and M-1 Districts, a barbershop, beauty shop or newsstand is permitted in an apartment building, provided that access is from the lobby only.
(b)
In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
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)
Nursing homes, provided that said use is located on a lot which is at least 120,000 square feet in size, that there is at least 750 square feet of lot area per bed, and that each bedroom contains at least 100 square feet of floor area per bed.
D.
Minimum lot area: 10,000 square feet.
§ 305-32 Multifamily Residential M-1.5 Zone.
The following requirements, standards and conditions apply to the Multifamily Residential M-1.5 Zone:
A.
Permitted principal uses.
(1)
In M-1.5 Districts, any permitted principal use in any one-family district shall be permitted, except that the limitations in Columns 6 to 20 of the schedule of regulations[1] as to one-family dwellings in the R-7.5 District shall apply:
(a)
One-family detached dwellings.
(b)
Churches, synagogues, parish houses or buildings for Sunday school or 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.
(c)
Municipal uses.
(d)
Private or cooperative limited-membership community centers, recreation centers or clubhouses, on sites of not less than 1 1/2 acres each.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
Public buildings, YMCA, YWCA, YMHA or YWHA.
(3)
In all M Districts:
(a)
There shall be no more than four dwelling units within each building or structure.
(b)
All multifamily dwellings shall be subject to site development plan approval as provided in Article XVI of this chapter. In reviewing and regulating said site plans, the Planning Board shall determine and establish, among other things, that no more than three multifamily buildings or structures shall be attached by any structure capable of being occupied to any other multifamily buildings or structures. In its deliberations, the Planning Board shall be responsible for making the determination that no multifamily buildings or structures are fully attached to any others.
(c)
The required minimum distance between multifamily structures shall be equal to the height of building of the higher of the structures, but in no case shall this distance be less than 25 feet.
(d)
Minimum standards shall be as noted in Columns 6 to 19 of the schedule of regulations,[2] except that all such standards shall be increased by 10% for each dwelling unit proposed in excess of the total numbers of dwelling units already noted for each district in the schedule.
[2]
Editor's Note: The schedule is included at the end of this chapter.
(e)
As part of site development plan approval pursuant to Article XVI of this chapter, the Planning Board may require facade and other design innovations so as to provide relief, in the Planning Board's opinion, from monotonous or otherwise drab exterior building features.
(f)
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.
B.
Permitted accessory uses.
(1)
Accessory uses permitted for all uses.
(a)
Customary incidental home occupations in a permitted dwelling or dwelling unit conducted solely by persons residing on the premises, provided that they cause no noise, odor, vibration or other annoyance to other tenants.
(b)
Professional offices or studios of artists, architects, dentists, doctors or engineers residing on the premises.
(c)
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.
(2)
Accessory uses permitted for one- and two-family dwellings.
(a)
The raising of ornamental and food crops for use only by occupants of such property.
(b)
Noncommercial greenhouses for personal use only, on any lot in exceed of 6,000 square feet in the rear yard only, provided that they do not exceed 2% of the lot area in ground coverage.
(c)
The keeping of no more than five dogs or cats over the age of six months as household pets.
(d)
Accessory private garage space.
(e)
Other accessory structures, such as toolhouses, a child's playhouse, swimming or 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 by the yard requirements, provided that they shall not exceed 1% of the lot area in ground coverage.
(4)
Additional provisions.
(a)
In M-2, M-1.5 and M-1 Districts, a barbershop, beauty shop or newsstand is permitted in an apartment building, provided that access is from the lobby only.
(b)
In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
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)
Nursing homes, provided that said use is located on a lot which is at least 120,000 square feet in size, that there is at least 750 square feet of lot area per bed, and that each bedroom contains at least 100 square feet of floor area per bed.
§ 305-33 Multifamily Residential M-1 Zone.
The following requirements, standards and conditions apply to the Multifamily Residential M-1 Zone:
A.
Permitted principal uses.
(1)
In M-1 Districts, any permitted principal use in any one-family district shall be permitted, except that the limitations in Columns 6 to 20 of the schedule of regulations[1] as to one-family dwellings in the R-5 District shall apply:
(a)
One-family detached dwellings.
(b)
Churches, synagogues, parish houses or buildings for Sunday school or 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.
(c)
Municipal uses.
(d)
Private or cooperative limited-membership community centers, recreation centers or clubhouses, on sites of not less than 1 1/2 acres each.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(2)
There shall be an eight-foot side yard along a side lot line in any M-1 District which adjoins a residence district.
(3)
In all M Districts:
(a)
There shall be no more than four dwelling units within each building or structure.
(b)
All multifamily dwellings shall be subject to site development plan approval as provided in Article XVI of this chapter. In reviewing and regulating said site plans, the Planning Board shall determine and establish, among other things, that no more than three multifamily buildings or structures shall be attached by any structure capable of being occupied to any other multifamily buildings or structures. In its deliberations, the Planning Board shall be responsible for making the determination that no multifamily buildings or structures are fully attached to any others.
(c)
The required minimum distance between multifamily structures shall be equal to the height of building of the higher of the structures, but in no case shall this distance be less than 25 feet.
(d)
Minimum standards shall be as noted in Columns 6 to 19 of the schedule of regulations,[2] except that all such standards shall be increased by 10% for each dwelling unit proposed in excess of the total numbers of dwelling units already noted for each district in the schedule.
[2]
Editor's Note: The schedule is included at the end of this chapter.
(e)
As part of site development plan approval pursuant to Article XVI of this chapter, the Planning Board may require facade and other design innovations so as to provide relief, in the Planning Board's opinion, from monotonous or otherwise drab exterior building features.
(f)
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.
B.
Permitted accessory uses.
(1)
Accessory uses permitted for all uses.
(a)
Customary incidental home occupations in a permitted dwelling or dwelling unit conducted solely by persons residing on the premises, provided that they cause no noise, odor, vibration or other annoyance to other tenants.
(b)
Professional offices or studios of artists, architects, dentists, doctors or engineers residing on the premises.
(c)
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.
(2)
Accessory uses permitted for one- and two-family dwellings:
(a)
The raising of ornamental and food crops for use only by occupants of such property.
(b)
Noncommercial greenhouses for personal use only, on any lot in excess of 6,000 square feet in the rear yard only, provided that they do not exceed 2% of the lot area in ground coverage.
(c)
The keeping of no more than five dogs or cats over the age of six months as household pets.
(d)
Accessory private garage space.
(e)
Other accessory structures, such as toolhouses, a child's playhouse, swimming or 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 by the yard requirements, provided that they shall not exceed 1% of the lot area in ground coverage.
(4)
Additional provisions.
(a)
In M-2, M-1.5 and M-1 Districts, a barbershop, beauty shop or newsstand is permitted in an apartment building, provided that access is from the lobby only.
(b)
In all M Districts, any accessory garage outside the principal building shall be attached to the principal structure; and if recreation facilities are provided on the roofs, they shall have flat roofs and safety fences to provide terraces for outdoor recreation.
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)
Nursing homes, provided that said use is located on a lot which is at least 120,000 square feet in size, that there is at least 750 square feet of lot area per bed, and that each bedroom contains at least 100 square feet of floor area per bed.
D.
Minimum lot area: 5,000 square feet.
§ 305-33.1 SC Floating/Overlay Zone.
[Added 8-17-2020 by L.L. No. 7-2020]
A.
Introduction.
(1)
By action of the Board of Trustees, qualifying land in the M-1.5 District may be rezoned to the SC Floating/Overlay Zone, either on application of the land owner or upon the initiative of the Board of Trustees. Upon rezoning, the SC Floating/Overlay District shall be in addition to and shall overlay the M-1.5 District so that the land in the SC Floating/Overlay District shall also be in the M-1.5 District. The effect is to create a new district which has the characteristics and limitations of the M-1.5 District and the SC Floating/Overlay District. A senior community in the SC Floating/Overlay District shall be subject to the following use, dimensional and other provisions of the following regulations and not the regulations of the M-1.5 District, including the requirements in the Zoning Schedule for Multifamily Residence Districts (305 Attachment 6) or any conflicting provisions of this chapter.
B.
Location/qualifying criteria.
(1)
A senior community shall be located on a lot having a minimum lot area of 20,000 square feet, either in one lot or an assemblage of contiguous lots held under common ownership as of August 17, 2020.
(2)
A senior community shall be located on a lot served by public water and sanitary sewer facilities.
C.
Additional requirements. The following requirements and standards, shall apply to a senior community:
(2)
The maximum building height shall be 52 feet and four stories.
(3)
The maximum building coverage shall be 85%, and the maximum coverage of all buildings, structures, and paved areas shall be 90% of the total lot area.
(4)
There shall be no minimum required yards and the Planning Board shall in its discretion determine the appropriate setback of buildings and parking areas, except that there shall be a minimum five-foot setback of buildings from the boundary of any public street. Appropriate buffer screening shall be installed within any required setback area adjoining a property in a residential zoning district, to the extent deemed appropriate by the Planning Board.
(5)
The maximum floor area ratio shall be 2.0, except that the maximum floor area ratio shall be 2.5 for any senior community in which 100% of the dwelling units are affordable to a household whose income does not exceed 80% of the Westchester County area median income (AMI). Gross residential floor area of a senior community shall be calculated in accordance with § 305-26 of this chapter, except garages and building areas devoted to parking shall not be included in the calculation of gross residential floor area or floor area ratio.
(6)
The minimum gross floor area of efficiency (studio) apartments shall be 450 square feet, and the minimum gross floor area of a one-bedroom unit shall be 650 square feet. The maximum number of bedrooms in a dwelling unit shall be three.
(7)
Minimum recreation/open space per dwelling unit shall be 35 square feet, and may consist of any combination of at-grade open space and resident amenities such as a community room or other resident amenity space, including rooftop amenity space.
(8)
A minimum of one parking space shall be provided for each efficiency/studio or one-bedroom dwelling unit, plus .25 space for each additional bedroom.