Tarrytown City Zoning Code
ARTICLE VII
Commercial Zones
§ 305-34 Office Building OB Zone.
In the Office Building OB Zone, all uses shall be subject to site plan approval by the Planning Board. All permitted buildings, structures and paved areas shall be at least 100 feet from the right-of-way of any public street or any residential zoning district. All permitted buildings, structures and paved areas shall be set back 50 feet from any nonresidential zoning district and from other property boundaries. No wall of any building shall exceed 40% in height of the distance between it and its closest point to any street or property line.
A.
Permitted principal uses.
(1)
Churches, synagogues, parish houses or buildings for Sunday school or for religious education.
(2)
Municipal uses.
(3)
Private or cooperative limited-membership community centers, recreation centers or clubhouses.
(4)
Executive business, sales, accounting and general offices and research laboratories, subject to the following conditions:
(a)
Except as related to permitted accessory uses, there shall be no display or sale of goods at retail.
(b)
No machinery or equipment shall be installed and no labor engaged for manufacturing purposes except as provided under accessory uses, and all mechanical and other apparatus and manual services employed in such use shall be devoted to scientific research, experimentation and development.
(c)
Except as related to permitted accessory uses, there shall be no commercial manufacture on the premises of articles for sale, except with respect to small quantities of test, experimental or trial products, models or prototypes which may be produced in accordance with the provisions of this chapter related to accessory uses and except prototype items which may be called for specifically in development contracts undertaken for government or commercial agencies where such development contracts call for the delivery of such prototypes to confirm or exhibit the development work conducted.
(d)
No offensive noises, gases, fumes, odors, vibrations or radio, electric or electronic emanations shall emanate from such use and no waste products shall be discharged therefrom of a character to create a nuisance.
(e)
No radioactive materials shall be kept or used on the premises except experimental quantities, the keeping and use of which shall be licensed by and shall conform to all applicable governmental regulations.
(5)
Training schools for the training of management, sales, research, financial or other executive office personnel and for the performance of historical, economic and other research not of a biological or technological character.
(6)
Telephone exchanges.
(7)
Conferences centers. No conference center will be permitted within the OB Zone unless a compatible use permit is obtained from the Village of Tarrytown Board of Trustees. A “conference center” for the purposes of this section shall mean a hotel, motel or inn which provides meeting rooms, recreation facilities and/or dining facilities which may be open to the general public for catering activities. Furthermore, any compatible use permit for a conference center will have the following conditions:
[Added 11-2-2009 by L.L. No. 9-2009]
(a)
At least 60% of the meeting space shall be dedicated as "single purpose conference space" to be used exclusively for meetings, retreats and conferences. This space is not to be used for ancillary food and beverage functions of a social or public nature;
(b)
At least 60% of the total revenue from guest rooms, meeting space, food and beverage, conference technology (audio and video) and conference services shall be derived from corporate conferences, retreats, association and other group activities;
(c)
The average conference group shall be 75 or less participants;
(d)
The conference center shall offer and actively promote package plans which includes conference rooms, guest rooms, three meals, continuous refreshment services, conference services and conference technology;
(e)
The conference center shall have dedicated conference rooms which are separate from the living (guest room), dining and leisure areas, and said conference rooms shall contain unobstructed interior views;
(f)
The conference center shall have at least one dedicated conference room which contains a minimum of 1,000 square feet and three additional dedicated conference rooms which do not have movable walls;
(g)
The conference center shall have a staffed business services desk and shall host upper-level management meetings and educational and training seminars;
(h)
All guest rooms shall be separate from the conference and leisure areas;
(i)
The conference center shall maintain central refreshment break stations separate from traditional dining rooms and/or restaurants for all conference attendees and these are to be located in fixed general access areas for multiple/different conference events;
(j)
The conference center shall maintain at least 1,000 square feet of natural features per guest room. Natural features shall include but shall not be limited to landscaping, gardens, lawns, trees, shrubbery, plantings and/or such items of a natural quality. These areas should be readily accessible for guests of the conference center.
B.
Accessory uses.
(1)
Permitted accessory uses.
(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 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.
(d)
The keeping of not more than two boarders or lodgers by a resident family or person.
(e)
Customary incidental home occupations conducted solely by persons residing on the premises.
(f)
Professional offices or studios of artists, architects, dentists, doctors or engineers residing on the premises.
(g)
Accessory private garage space.
(h)
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.
(n)
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 by the yard requirements, provided that they shall not exceed 1% of the total lot area in ground coverage.
(o)
Within the principal structure, restaurants, barbershops, beauty parlors, newsstands, vehicle parking and private garage space, as further regulated herein, for the use of executives, employees, visitors and invitees to the principal structure or use. Parking shall be permitted in the basement levels and in the lower two levels or stories of any permitted principal use. All such parking shall be completely indoors and substantially enclosed other than for ventilation purposes, and no unenclosed parking shall be permitted on rooftops.
(p)
Overnight lodging for visitors. Where lodging is provided, not more than two persons shall be accommodated in any bedroom.
(q)
Recreation facilities for the exclusive use of employees and their families, provided that all facilities are at least 200 feet from any property line.
(r)
Parking lots and garage spaces for executives, employees and visitors and invitees thereto, provided that none shall be closer than 50 feet to any street or property line.
(s)
In-service training schools for employees.
(t)
On lots of 10 or more acres having thereon three or more principal buildings, a central heating and power plant accessory to the principal use and service of all structures on the premises, provided that the chimney thereof shall be of such height and design as may be certified by a qualified engineer as in accord with accepted engineering practices.
(u)
Maintenance and utility shops and storage facilities incidental to the principal use.
(v)
Assembly halls for meetings incidental to the business of the principal use or for civic meetings, provided that no rental charge is made therefor, and provided further that at the time of such use for any meeting there shall be available parking space for all persons in attendance at any such meeting.
(w)
Accessory single-family dwellings, provided that each such dwelling shall be situated on a clearly defined portion of the principal lot shown on the site plan and shall have an area of not less than 10,000 square feet and shall front on an access driveway having a width of not less than 20 feet which shall provide access to a public street, and provided further that the space between any two such dwellings shall be not less than 40 feet at any point and that no accessory profession or home occupation shall be permitted therein, and provided further that at least two off-street parking spaces or parking bays shall be provided convenient to each such dwelling and that no parking of any vehicles on any access drive shall be permitted at any time unless such drive has a width of 30 feet, and then only on one side thereof.
(x)
On lots of 10 or more acres under a single use, residential facilities for training purposes.
(y)
Restaurants and cafeterias for supplying meals only to employees and guests of the principal use.
(2)
Additional provisions.
(a)
All accessory uses shall be at least 150 feet away from any street or property line, except as noted elsewhere in this section.
(b)
The total gross square feet of floor area allowed for any and all purposes shall not exceed that area arrived at by multiplying the percentage of building coverage by the lot area and multiplying the results by the permitted number of stories. This shall be known as the "gross floor area." The sole exception shall be for parking within the structure, which shall be unlimited except as set forth in the provisions of this chapter. The maximum coverage of all buildings, structures and paved areas shall be 45% of the buildable site area. Buildable site area shall be determined by subtracting from the total lot area 50% of the area of the wetlands and steep slopes (25% or greater) on the site. The maximum total coverage of all buildings and structures shall be 12% of the buildable site area, as defined above. Building coverage may be increased up to 17%, at a ratio of an additional 1% of building coverage for each additional 5% of parking enclosed in garages exceeding the minimum of 20% as shown below:
Percentage of Parking Enclosed | Permitted Building Coverage | |
|---|---|---|
20% | 12% | |
25% | 13% | |
30% | 14% | |
35% | 15% | |
40% | 16% | |
45% | 17% |
(c)
In connection with the principal use of any lot for a research laboratory, the operation of what are customarily known as "pilot experimental facilities" for processing or assembling units or products resulting from research, experimental and developmental work on one premises of such laboratory or for the assembly of other related units or tools incidental thereto shall be permitted, provided that:
[1]
The processing or assembling thereof requires the participation primarily of the technical staff of such laboratory.
[2]
Such assembled or processed experimental units shall consist only of small quantities of test or trial products, models or prototypes of newly developed or redesigned products for the purposes of testing the characteristics and qualities of such products and/or their consumer acceptance or of determining the technical feasibility of using the product design or assembly process on a full-scale repetitive production basis.
[3]
Such pilot assembly or processing facilities shall not occupy an area greater than 10% of the total area of the lot.
C.
Uses requiring compatible use permits.
D.
Minimum lot area: 435,600 square feet.
§ 305-35 Mixed Use MU Zone.
The following requirements, standards and conditions apply to the Mixed Use MU Zone:
A.
Permitted principal uses.
(1)
Municipal uses.
(2)
Private or cooperative limited-membership community centers, recreation centers or clubhouses.
(3)
Executive business sales, accounting and general offices and research laboratories, provided that:
(a)
They shall be subject to site plan approval by the Planning Board and the concurrence of the Board of Trustees as set forth in Article XVI.
(b)
There shall be no display or sale of goods at retail except as related to permitted accessory uses.
(c)
Machinery or equipment shall be installed and labor engaged for manufacturing purposes only as provided under permitted accessory uses. All mechanical and other apparatus and manual services employed in such use shall be devoted to scientific research, experimentation and development.
(d)
Commercial manufacture on the premises of articles for sale shall only be permitted as follows:
[1]
Small quantities of test, experimental or trial products, models or prototypes may be produced in accordance with the provisions of this chapter related to accessory uses.
[2]
Prototype items which are called for specifically in development contracts undertaken for government or commercial agencies to confirm or exhibit the development work conducted may be produced.
[3]
No offensive noises, gases, fumes, odors, vibrations or radio, electric or electronic emanations shall emanate from such use.
[4]
No waste products of a character which would create a nuisance shall be discharged from the site.
[5]
Only experimental quantities of radioactive materials shall be kept or used on the premises, the keeping and use of which shall be licensed by and shall conform to all applicable governmental regulations.
[6]
The treatment of animals or the business of embalming and interring or cremating the dead is prohibited.
(4)
Multifamily residential facilities.
(5)
Television and radio stations, commercial athletic recreation facilities, clubs, fraternal societies, banks and motion-picture theaters.
(6)
Restaurants.
B.
Permitted accessory uses. The following accessory uses are permitted, provided that they shall be in the principal buildings only, except that parking and utilities serving the principal uses may be housed in separate accessory buildings. All accessory uses may serve the public at large.
(1)
Restaurants, barbershops, beauty parlors and newsstands.
(2)
Overnight lodgings. Where provided, not more than two persons shall be accommodated in any bedroom.
(3)
Recreation facilities.
(4)
Garage space.
(5)
Maintenance and utility shops and storage facilities incidental to the principal use.
(6)
Parking lots.
(8)
Restaurants and cafeterias.
(9)
Research laboratories and pilot experimental facilities for processing or assembling units or products resulting from research, experimental and developmental work on one premises of such laboratory and for the assembly of other related units, equipment or tools incidental thereto, provided that:
(a)
The processing or assembling requires the participation primarily of the technical staff of such laboratory.
(b)
Such assembled or processed experimental units shall consist only of small quantities of test or trial products, models or prototypes of newly developed or redesigned products for the following purposes:
(c)
Such pilot assembly or processing facilities shall not occupy an area greater than 10% of the total area of the lot.
C.
Uses requiring compatible use permits. All uses in the MU District require a compatible use permit. (See § 305-129.)
D.
Additional provisions.
(1)
The provisions of this district shall be applicable to such parcels as may be so designated by the Board of Trustees on the Official Zoning Map of the Village and in addition that:
(a)
Were zoned OB on the Official Zoning Map of the Village on June 1, 1979.
(b)
Are at least 50 acres in total size, all such acres being contiguous and sited entirely in the Village.
(c)
Have no less than 20% of their perimeter fronting on a state highway and no less than 20% of their perimeter bordering on the New York State Thruway.
(2)
No buildings, structures or impervious materials of any sort shall be placed within or upon or within 75 feet of areas designated as wetlands by Village and other governmental regulations.
§ 305-36 Limited Business LB Zone.
The following requirements, standards and conditions apply to the Limited Business LB Zone:
B.
Permitted accessory uses.
(1)
Restaurants, classrooms, assembly halls and shops with necessary equipment and facilities for use in connection with and accessory to technical training centers.
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)
Business, professional or banking offices, public buildings and offices. For such structures, no wall of any building shall exceed in height 40% of the distance to any street or property line.
(4)
Restaurants or other places serving food or beverages. Such facilities shall not include diners or restaurants in similar structures or outdoor counter service or drive-ins or curb service. Such prohibition shall not prevent service at tables on a covered or uncovered porch or terrace incidental to a permitted restaurant.
(5)
Technical training centers for instruction of personnel in the methods of sales, engineering, repair and maintenance of motor vehicles and automotive products, which may have permitted uses accessory thereto, subject to the following provisions:
(a)
Vehicles for demonstration and instruction purposes shall not be stored in the open.
(b)
Any motor of any kind used for any purpose within such training center shall be operated in an area which shall be adequately soundproofed, and such mechanical devices shall be installed as may be necessary adequate to remove and dissipate safely and without objectionable noise any exhaust gases or other products of combustion.
(6)
Hotels, as defined in § 305-5, subject to the following provisions:
(a)
The site plan thereof or amendments thereto shall be subject to the approval of the Planning Board with respect to traffic access, circulation, parking and general layout before the issuance of a building permit by the Code Enforcement Officer.
(b)
No building of a hotel may exceed two stories in height, nor shall any rentable bedroom unit in any hotel have an area of less than 160 square feet. A hotel may have sleeping accommodations in one or more structures and may or may not have accommodations for meals.
(c)
The lot area shall contain 3,000 square feet per unit for one-story buildings and 1,500 square feet per unit for buildings of two or more stories.
(7)
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.
(8)
All new or relocated utility distribution facilities shall be placed underground.
D.
Minimum lot area.
§ 305-37 Neighborhood Shopping NS Zone.
The following requirements, standards and conditions apply to the Neighborhood Shopping NS Zone:
A.
Permitted principal uses.
[Amended 3-16-2009 by L.L. No. 3-2009]
(1)
One-family dwellings as permitted and regulated in the R-20 District, further subject to the approval of a site plan by the Planning Board and the concurrence of the Board of Trustees as set forth in § 305-129, Mixed-use development, permitting and regulating also the following.
(2)
The following uses, provided that such uses shall be primarily for the convenience and necessity of the local residents, and except that no display of goods or devices shall be permitted outdoors and no operations shall be permitted which may be offensive, obnoxious or detrimental by reason of vibration, dust, fumes, odor or noise and as further regulated in this subsection.
(a)
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.
(b)
Municipal uses.
(c)
Buildings and facilities for a private or cooperative limited-membership community center on sites of not less than 1 1/2 acres each.
(d)
As to two- and 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.
(e)
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:
[1]
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.
[2]
In new structures, the lot shall have an area of not less than 2,000 square feet per dwelling unit.
[3]
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.
[4]
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 this subsection are met, if applicable.
(f)
Fully enclosed structures for the sale of goods at retail or the performance of customary personal services clearly incidental to retail sales. No wholesaling, fabricating, manufacturing, converting, finishing or assembling shall be permitted except as incidental to such retail sales. Not more than five operatives shall be permitted in any personal service shop. No public garage, gasoline filling station or dry-cleaning or rug-cleaning establishment using combustible fluid shall be permitted, except that combustible fluid may be used with the incidental cleaning of spots; no laundry, secondhand clothing or furniture store, pet shop, animal hospital, veterinarian, live-poultry market, billiard parlor and/or pool or storage of motor vehicles outdoors for sale or for rent shall be deemed to be included in the uses permitted herein, except that a receiving and delivery office for laundry and dry-cleaning shall be permitted, provided that no such work is done on the premises, except that there shall be permitted a headquarters and garage for an ambulance service operating not more than two vehicles and serving the general public, whether or not operated for profit.
(g)
Business, professional or banking offices, public buildings and offices, YMCA, YWCA, YMHA or YWHA.
(h)
Restaurants or other places serving food or beverages.
(i)
Dwelling space above a permitted use, provided that the addition of all safeguards specified in the State Uniform Fire Prevention and Building Code are included.
(j)
Sale and servicing of motor vehicles and storage of motor vehicles in connection therewith, but excluding retail sale and display of used motor vehicles; however, the sale and display of used cars is permitted when said sales are by established automobile dealerships that are also selling new cars received directly from the manufacturer and said sale of used vehicles is from the same premises as the sale of the new vehicles. The sale and display of used cars shall not exceed 40% of the area available for the sale and display of cars on the site.
(k)
Cannabis retail dispensary, provided that any signage contain only letters or numbers and shall be prohibited from including any images.
[Added 1-4-2023 by L.L. No. 1-2023]
B.
Permitted accessory uses. No accessory buildings shall be permitted. No entertainment device or vending machine shall be permitted except within the principal building. Only such accessory uses shall be permitted as are specified as principal uses for this district, and all such uses shall be within a principal building.
D.
Additional provisions.
(1)
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.
(2)
All new or relocated utility distribution facilities shall be placed underground.
§ 305-38 Historic Commons HC Zone.
[Amended 11-17-2014 by L.L. No. 9-2014]
A.
Legislative Intent. The Historic Commons Zoning District preserves the remaining open spaces on the southern portion of the west side of South Broadway and maintains the existing pattern of development between South Broadway and the Hudson River. The Historic Commons District preserves the visual integrity of several historic resources including Lyndhurst and Sunnyside, both of which are National Historic Landmarks and listed on the National Register of Historic Places; and the Old Croton Aqueduct, which is listed on the National Register of Historic Places; and the landscape surrounding each of these resources. In addition, the area lies wholly within the Tappan Zee East Scenic District designated June 29, 1993, by the Commissioner of the New York State Department of Environmental Conservation under authority of Article 49 of the Environmental Conservation Law. Article 49 of the Environmental Conservation Law authorizes the Department of Environmental Conservation to designate scenic areas in the state and provides that areas so designated must contain positive aesthetic elements of regional, statewide or national significance, and must have aesthetically recognizable boundaries. It is the intent of this section to reinforce through clarification of the zoning code applicable to this area, as adopted on February 7, 2001, the purpose of ensuring that any new development or reuse of existing structures within the Historic Commons District is consistent with single-family use on large lots designed to complement the single-family use, and architecturally compatible with the historic resources and visual quality of existing buildings, landscapes and sites.
B.
General provisions.
(1)
All uses permitted in the HC Zone shall be subject to site development plan approval. (See Article XVI.)
(2)
All uses permitted in the HC Zone shall be subject to the issuance of a certificate of appropriateness by the Architectural Review Board (§ 9-6B). Any proposed new use or structure or any proposed demolition of or addition to an existing structure must be designed to be compatible with adjacent historic structures and the surrounding landscape. Site improvements, including roadways, drainage infrastructure, landscaping and lighting shall not negatively affect, to the maximum extent practicable, the visual character of the subject property or of views across the subject property from adjacent properties.
(3)
In structures designated 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 (§ 9-6B).
E.
Uses requiring compatible use permits.
G.
Bulk regulations.
(1)
Minimum lot size: five acres (217,800 square feet).
(2)
Principal building coverage: maximum 4%.
(3)
Accessory building coverage: maximum 2%.
(a)
Additional accessory area (without building): maximum 4%.
(5)
Maximum height: 35 feet or three stories.
(6)
Single-family and multifamily residential density: maximum one unit per five acres.
H.
Viewshed protection.
(1)
Any application for new development within the Historic Commons District must include a visual assessment including the following:
(a)
Identify whether or not the project will be visible from the following resources and, if so, what the distance between the proposed project and the resources will be:
[1]
A parcel of land, including designated parkland, that is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities.
[2]
A site or structure listed on the national, state or local registers of historic places.
[3]
A site or structure within a national, state or local historic district.
(b)
Identify whether or not visibility of the project from the resources identified in Subsection H(1)(a) above will be seasonal.
(c)
Identify whether or not there are any visually similar projects within the Historic Commons District.
(2)
Any application for new development in the Historic Commons District must not result in a significant aesthetic impact on any existing place or structure within the Historic Commons District, as determined by the Planning Board based upon review of the required visual assessment, unless the Planning Board determines that such impact can be mitigated by landscaping, building design or topography.
(3)
A "significant aesthetic impact" is defined herein as "a detrimental effect on community character including the perceived beauty of a place or structure that may cause a diminishment of the public enjoyment and appreciation of the place or structure, or one that impairs the character or quality of such a place or structure."
§ 305-39 Restricted Retail RR Zone.
[Amended 1-4-2023 by L.L. No. 1-2023; 12-16-2024 by L.L. No. 6-2024]
The following requirements, standards and conditions apply to the Restricted Retail RR Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses or buildings for Sunday school or for religious education.
(3)
Municipal uses.
(4)
Private or cooperative limited-membership community centers, recreation centers or clubhouses.
(5)
Two-family dwellings.
(6)
Fully enclosed structures for the sale of goods at retail or the performance of customary personal services clearly incidental to retail sales, subject to the following:
(a)
No wholesaling, fabricating, manufacturing, converting, finishing or assembling shall be permitted except as incidental to such retail sales. Not more than five operatives shall be permitted in any personal service shop. No public garage, gasoline filling station or dry-cleaning or rug-cleaning establishment using combustible fluid shall be permitted, except that combustible fluid may be used with the incidental cleaning of spots; no laundry, secondhand clothing or furniture store, pet shop, animal hospital, veterinarian, live-poultry market, billiard parlor and/or pool hall or storage of motor vehicles outdoors for sale or for rent shall be deemed to be included in the uses permitted herein, except that a receiving and delivery office for laundry and dry-cleaning shall be permitted, provided that no such work is done on the premises, except that there shall be permitted a headquarters and garage for an ambulance service operating not more than two vehicles and serving the general public, whether or not operated for profit.
(b)
Dwelling space above a permitted principal use shall be permitted, provided that the addition of all safeguards specified in the State Uniform Fire Prevention and Building Code are included.
(7)
Business, professional or banking offices, public buildings and offices, YMCA, YWCA, YMHA or YWHA.
(8)
Restaurants or other places serving food or beverages. Such facilities shall not include diners or restaurants in similar structures or outdoor counter service or drive-ins or curb service. Such prohibition shall not prevent service at tables on a covered or uncovered porch or terrace incidental to a permitted restaurant.
(9)
Cannabis retail dispensary subject to site plan approval and off-street parking requirements, neither of which can be waived by the Building Inspector under § 305-63C(7)(e), and provided that payment is made into the parking fund in accordance with § 305-63C(7)(d) and further provided, that any signage contain only letters or numbers and shall be prohibited from including any images.
B.
Permitted accessory uses.
(1)
No accessory buildings shall be permitted. No entertainment device or vending machine shall be permitted except within the principal building. Only such accessory uses shall be permitted as are specified as principal uses for this district, and all such shall be within a principal building.
(2)
Any other accessory use permitted in and as regulated in a multifamily residence district.
D.
Additional area requirements and other provisions.
(1)
Business structures on Broadway shall have a minimum front yard of 20 feet.
(2)
There shall be an eight-foot side yard along a side lot line in any RR District which adjoins a residence district.
(3)
The buffer area for on-site parking setback along side or rear property boundaries in any RR District which adjoins a residence district shall be a minimum of 15 feet in width.
(4)
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.
(5)
All new or relocated utility distribution facilities shall be placed underground.
§ 305-40 General Business GB Zone.
The following requirements, standards and conditions apply to the General Business GB Zone:
A.
Permitted principal uses.
(1)
One-family detached dwellings.
(2)
Churches, synagogues, parish houses or buildings for Sunday school or for religious education.
(3)
Municipal uses.
(4)
Private or cooperative limited-membership community centers, recreation centers or clubhouses.
(5)
Two-family dwellings.
(6)
Fully enclosed structures for offices, stores, shops or establishments. Offices, stores, shops or establishments may furnish any kind of personal, professional or commercial service or entertainment or engage in selling at retail or wholesale or in distributing any kind of goods, supplies, materials or merchandise, provided that none except motor vehicles for sale or hire are stored outdoors.
(7)
Business, professional or banking offices, public buildings and offices, YMCA, YWCA, YMHA or YWHA.
(8)
Restaurants or other places serving food or beverages.
(9)
Dwelling space above a permitted use.
(10)
Storage warehouses or newspaper- or job-printing plants using electric or steam power.
(11)
Steam- or electric-power laundry, dry-cleaning and dyeing shops.
(12)
Bakeries; beverage mixing; bottling; coffee roasting; packing and shipping of goods; jobbing machine shops; manufacturer of ice cream, candy and confections, provided that only electric or steam power is employed.
(13)
Clubs, lodges or fraternal quarters, mortuaries or animal hospitals.
(14)
Motor vehicle sales agencies; garages; filling stations; repair shops, including body and fender work, painting, spraying and vulcanizing, provided that all such work is done within an enclosed, properly ventilated structure.
(15)
Radio or television broadcasting studios, or telephone exchanges.
(16)
Railroad or bus stations, provided that there shall be no loading or unloading in a public street; sufficient loading and unloading adjacent to covered platforms of the terminal shall be provided to accommodate the maximum number of buses operating at any one time; sufficient off-street parking areas shall be provided to accommodate within the station area all buses in use or awaiting use at any one time; and sufficient off-street parking space shall be provided to accommodate private cars delivering or waiting to pick up passengers arriving or departing at peak operations.
(17)
A garment contractor engaged in the business of sewing, assembling and finishing garments, the component parts of which are owned and supplied by a garment manufacturer not located on the premises.
(18)
Cannabis retail dispensary, provided that any signage contain only letters or numbers and shall be prohibited from including any images.
[Added 1-4-2023 by L.L. No. 1-2023]
B.
Permitted accessory uses.
(1)
Any accessory use permitted in any residence or business district or as customarily incidental to and reasonably related in volume to a principal use permitted, but no separate freestanding accessory building shall be permitted.
(2)
Sewing, altering, cleaning, dyeing or fabricating operations, provided that such procedures are incidental to a retail or wholesale operations. No more than 10 operatives shall be so engaged, and only steam or electric power shall be engaged.
C.
Minimum lot area and other provisions.
(1)
Minimum lot area for residential structures: 20,000 square feet.
[Amended 4-3-2017 by L.L. No. 3-2017]
(2)
Minimum lot area for business structures: 5,000 square feet.
(3)
There shall be an eight-foot side yard along a side lot line in any GB District which adjoins a residence district.
(4)
The buffer area for on-site parking setback along side or rear property boundaries in any GB District which adjoins a residence district shall be a minimum of 15 feet in width.
(5)
The minimum depth of the rear yard in a GB District shall be 10 feet. Where any part of a building is used for residences, the minimum rear yard shall be 15 feet.
(6)
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.
(7)
All new or relocated utility distribution facilities shall be placed underground.
§ 305-40.1 A/D and SEAL Floating/Overlay Zone.
[Added 11-18-2019 by L.L. No. 11-2019]
A.
Introduction. By action of the Board of Trustees, a qualifying parcel of land may be rezoned to the A/D and SEAL Floating/Overlay Zone, either upon application of the parcel's owner or upon the initiative of the Board of Trustees. Upon approval, this district shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land lying in the A/D and SEAL Floating/Overlay Zone shall also lie in one or more of the other zoning districts provided for by the Zoning Ordinance. The effect is to create a new district which has the characteristics and limitations of the underlying district, together with the characteristics and limitations of the overlay district. Its development under the A/D and SEAL Floating/Overlay Zone is governed by the use, dimensional and other provisions of the following regulations.
[Amended 2-1-2021 by L.L. No. 2-2021]
B.
Qualifying conditions.
(1)
The lot must be currently zoned OB, LB or MU and have frontage on or be wholly or partially within 350 feet of State Route 119.
(2)
The lot upon which it is located shall have both been in existence and of the same size, as shown on a plat duly filed in the Office of the Westchester County Clerk, or on the Tax Map of the Town of Greenburgh, as of January 1, 2017.
[Amended 2-1-2021 by L.L. No. 2-2021]
D.
Additional requirements.
(1)
Maximum practicable efforts shall be made to include sustainability measures such as a stormwater pollution prevention plan that includes implementation of green infrastructure practices, energy-efficient construction, and similar measures that will achieve significant increases in efficiency and sustainability. Green infrastructure practices maintain or restore stormwater's natural flow pattern by allowing the water to slowly permeate into the ground and be used by plants. These practices include rain gardens, vegetated swales, green roofs and porous pavements, along with bioretention areas, vegetated swales, dry swales, and green roofs. The sustainability requirements under this subsection may also be achieved by demonstrating that a facility would be considered sustainable by an industry standard as determined appropriate by the Planning Board, such as LEED.
[Amended 2-1-2021 by L.L. No. 2-2021]
(2)
A facility for Alzheimer's/dementia care housing shall have no more than 100 beds. A facility for SEAL housing shall have no more than 25 units per acre, and no more than 115 beds.
[Amended 2-1-2021 by L.L. No. 2-2021]
(3)
Notwithstanding any other provisions of Village Code, a facility for Alzheimer's/dementia care or SEAL housing is not residential within the meaning of § 305-130, Affordable housing.
[Amended 2-1-2021 by L.L. No. 2-2021]
(4)
The maximum coverage of all buildings shall be 18%, and the maximum coverage of all buildings, structures and paved areas shall be 45% of the total site area.
[Amended 2-1-2021 by L.L. No. 2-2021]
(5)
The minimum setback of all permitted buildings, structures and paved areas from the right-of-way of any public street shall be 35 feet, from any residential zoning district, shall be 175 feet, and from any nonresidential zoning district shall be zero feet.
(6)
Off-street parking shall be provided at the rate of 0.50 space per bed.
(7)
The height of any Alzheimer's/dementia care or SEAL housing facility shall comply with the maximum height requirement of the underlying district, except that the maximum height for any facility that adaptively re-uses an existing historic structure shall be three stories or as otherwise determined appropriate by the Planning Board.
[Added 2-1-2021 by L.L. No. 2-2021]