Tarrytown City Zoning Code
ARTICLE IX
Special Waterfront Zones
§ 305-42 Waterfront General Business District WGBD.
The following requirements, standards and conditions apply to the WGBD Waterfront General Business District:
A.
Minimum lot area and bulk requirements.
[Amended 3-1-2010 by L.L. No. 3-2010]
(1)
Lot area: 0.35 acre for principal permitted and compatible use permit uses.
(2)
Lot width: 150 feet for principal permitted uses; 200 feet for compatible use permit uses.
(3)
Lot depth: 150 feet for principal permitted uses; 200 feet for compatible use permit uses, measured from the shoreline to the railroad tracks.
(5)
Building coverage: All buildings and structures on the lot shall together cover not more than 35% of the dry land area of the lot, except as provided for in Subsection B below.
(6)
Building height: three stories/42 feet for a flat roof and 45 feet for a pitched roof, measured from the average elevation of the site or the existing grade of the adjacent street, whichever is higher, except as provided for in Subsection B below. For townhouses, the maximum height will be 35 feet for a flat roof and 45 feet for a pitched roof. Pitched roofs must not start at over 32 feet.
(7)
Building width: The total cumulative width of buildings, structures, fences or walls more than 30 inches in height shall not occupy more than 40% of the width of the parcel as measured along a line parallel to the adjacent street measured at the front yard, except as provided in Subsection B below.
(11)
Shoreline setback: 50 feet from the mean high-water mark of the Hudson River, except where the use and design of the structure requires a location with direct access to the river and involves, as an integral part of such structure, use of the water. Under no circumstances shall any non-water-dependent portion of a combined use be located within the shoreline setback of 50 feet.
B.
Development incentive.
[Amended 3-1-2010 by L.L. No. 3-2010]
(1)
Dimensional requirements in the WGBD District may be increased or reduced for the benefit of the applicant in accordance with the schedule below, provided that certain public benefit features are provided in accordance with Article XV in Waterfront Districts. All development incentives are subject to review and approval of the Village Board of Trustees. Any development incentives approved by the Village Board of Trustees are applicable only to the site plan application for which they have been approved. Public benefit features for which the Board of Trustees may grant development incentives, in accordance with § 305-125 of this Zoning Code, may include but not be limited to:
(a)
Provision of land for a waterfront esplanade/riverwalk.
(b)
Provision of land for a waterfront park.
(c)
Provision of public access to the waterfront.
(d)
Preservation of view corridors to the Hudson River.
(e)
Construction of an aquatic/recreation center at the waterfront.
(f)
Construction of an addition to the Tarrytown Senior Citizen's Center at the waterfront.
(g)
Construction of affordable housing units.
(h)
Improvements to public parkland.
(i)
Partial funding of Village Hall and other Village purposes.
(2)
Schedule of development incentive bonuses within the WGBD District:
(a)
Maximum public street frontage: 75 feet.
(b)
Maximum building coverage: 55%.
(c)
Maximum building width: 65%.
(d)
Front yard setback: zero feet.
(e)
Rear yard setback: 10 feet.
(f)
Side yard setback: zero feet.
(g)
Building height.
[1]
Mechanical and electrical equipment may be excluded from the calculation of maximum building height, provided that:
[a]
Mechanical and electrical equipment that is exposed above 42 feet must be limited to a maximum of eight feet and less than 10% of rooftop area and must be located in the center of the roof to minimize visual impacts.
[b]
For buildings with flat roofs that are between 45 and 52 feet in height, mechanical and electrical equipment that is exposed above 52 feet must be limited to a maximum of two feet and less than 5% of rooftop area and must be located in the center of the roof to minimize visual impacts. All such mechanical and electrical equipment must be screened to appear as an aesthetic element consistent with building architecture. Such elements must be approved by the Planning Board and may include chimneys, cupolas, or similar architectural features. Rooftop elements must also include extensive landscaping and vegetative cover in the form of ivy or other wall vegetation, as appropriate.
[2]
For buildings with flat roofs, additional stories to five and additional height that shall not exceed 52 feet by special permit to be approved by the Village Board of Trustees. The additional story and/or height shall not cover more than 90% of the roof area. Approval of the special permit is contingent upon submission of a design report to the Trustees that shows the benefits of the proposed height increase in terms of viewsheds, building design, and open space. Any special permit granted shall be limited to the phase of work and/or portion of the site reviewed in the design report.
C.
Permitted principal uses. Any use or combination of the following uses:
(1)
Conference centers, subject to the following provisions:
(a)
Conference centers shall maintain a minimum lot size of 20,000 square feet and a minimum frontage of 125 feet on a public street.
(b)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
(c)
There shall be no outdoor public address or music system audible beyond the limits of the site.
(d)
Interior roads and drives shall be adequate in grade, width, alignment and visibility to accommodate traffic and emergency vehicles.
(e)
A minimum width of 22 feet for a driveway shall be provided for two-way traffic movement or two driveways of 12 feet minimum width each shall be provided for one-way traffic into and out from the guest parking area.
(f)
No more than two curb cuts on a public street shall be permitted.
(g)
All rear and side yards must be planted to a minimum of two feet in width with dense shrubbery or a combination of a decorative fence and shrubbery.
(h)
Driveways must be adequately lighted so as to provide safe access and egress. Lighting shall be placed so as to produce no glare to passing motorists or adjacent property.
(2)
Hotels, subject to the following provisions:
(a)
A hotel shall not be less than two stories in height, with 17 or more sleeping accommodations and accommodations for meals within the principal structure.
(b)
Lot size and frontage. Hotels shall maintain a minimum lot size of 20,000 square feet and a minimum frontage of 125 feet on a public street.
(c)
All units shall be in multiple-unit structures, and the site shall not be subdivided for the purposes of creating individual lots or sites for the creation of single-family residences or units.
(d)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
(e)
There shall be no outdoor public address or music system audible beyond the limits of the site.
(f)
The number of guest rooms may be limited by the availability of public water and sewage facilities. Prior to issuance of a building permit, the applicant must present proof to the building inspector that there is an adequate water supply to serve all of the project's needs.
(g)
Interior roads and drives shall be adequate in grade, width, alignment and visibility to accommodate traffic and emergency vehicles.
(h)
Each living unit shall have a minimum of 150 square feet of rentable space, exclusive of bathroom facilities.
(i)
A minimum width of 22 feet for a driveway shall be provided for two-way traffic movement or two driveways of 12 feet minimum width each shall be provided for one-way traffic into and out from the guest parking area.
(j)
No more than two curb cuts on a public street shall be permitted.
(k)
All rear and side yards must be planted to a minimum of two feet in width with dense shrubbery or a combination of a decorative fence and shrubbery.
(l)
Driveways must be adequately lighted so as to provide safe access and egress. Lighting shall be placed so as to produce no glare to passing motorists or adjacent property.
(m)
Hotels constructed must be limited to guest accommodation and management offices and uses accessory thereto.
(3)
Restaurants, subject to the following provisions:
(a)
The use shall be an on-premises sit-down-type eating or drinking establishment. A drive-in or window service facility is specifically prohibited.
(b)
There shall be no outdoor public address or music system audible beyond the limits of the site.
(c)
Provision shall be made for safe and sanitary storage and disposal of solid waste and process waste. Dumpsters and garbage disposal containers shall not be located on the waterward side of the building. The disposal systems shall be sufficient to safely and adequately handle the type and volume of refuse which can reasonably be expected to be generated by the land uses on site. Waste containers shall be effectively screened from public view and view from adjacent properties.
(d)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
(4)
Boat and watercraft sales and rental, marine engine sales, fishing tackle and supplies, diving and bathing equipment, marine insurance and other retail facilities for water-oriented recreational activities, and boat repair shops.
(5)
Marinas, yacht clubs and boat clubs, including facilities for hauling, launching, dry storage, repairing and maintaining boats, boat engines and other equipment, subject to the following provisions:
(a)
Prior to issuance of a building permit, the applicant must present proof to the Building Inspector that there is an adequate water supply to serve all of the project's needs.
(b)
Vessel waste pumpout facilities shall be provided at all new marinas or clubs and expansion of existing marinas or clubs at a minimum rate of one pumpout station for every 100 wet slips, or fraction thereof.
(c)
Prior to issuance of the certificate of occupancy, the applicant must present proof to the Building Inspector that all proposed structures, service areas, fire lanes, hydrants and materials are readily accessible for the protection of the proposed uses from fire. Sufficient water supply for fire-fighting purposes shall be provided.
(d)
Restroom facilities for the use of marina or club patrons shall be required to protect water quality.
(e)
Signs shall be provided to identify the location of public rest rooms and of pumpout facilities.
(f)
Dedicated parking spaces shall be provided at a minimum rate of 0.5 space/slip plus whatever additional spaces are required for employees and required by this code for separate retail activities on premises.
(g)
Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste.
(6)
Marine trade businesses involved in the construction, maintenance or operation of boats, docks, piles or bulkheads, subject to the following provisions:
(a)
Landscaping and screening shall be provided as follows:
[1]
Along road frontage, a ten-foot-wide buffer of landscaping shall be provided where appropriate and designed so as not to obstruct sight distance at points of access.
[2]
All rear and side yards must be planted to a minimum of two feet in width with dense shrubbery or a combination of a decorative fence and shrubbery.
(b)
No material shall be stored within a right-of-way or within 20 feet of an adjacent property line.
(c)
Any accessory outside storage of materials or equipment must be neatly arranged and enclosed by fencing or landscaping where appropriate.
(d)
Access drives shall be finished with a surface that will be maintained free of dust and debris. Surface materials may include oil and chip, compact gravel or blacktop. Sufficient drainage will be provided to reduce rainfall runoff.
(e)
All exterior lighting shall be of such a type and location appropriate for the specific use with minimal or no noticeable effect on neighboring properties. Shading shall prevent the light source from being seen beyond the boundaries of the lot.
(7)
Commercial ferry operations, charter boat and commercial sightseeing and excursion boats.
(8)
Gift shops and artist studios.
(9)
Ice cream parlors.
(10)
Schools, public or private, subject to the following provisions:
(a)
The lot area shall not be less than 40,000 square feet nor shall it have a frontage of less than 150 feet along a public street.
(b)
The lot shall contain at least 1,000 square feet of suitably fenced rear or side yard play area for each five children, and each such play area shall be located not less than 30 feet from a lot line.
(c)
No play area shall be located on or adjacent to an open pool, watercourse, river or tidewater area without the benefit of a suitable fence and protective devices.
(d)
Interior roads and drives shall be adequate in grade, width, alignment and visibility to accommodate traffic and emergency vehicles.
(e)
A minimum width of 22 feet for a driveway shall be provided for two-way traffic movement or two driveways of 12 feet minimum width each shall be provided for one-way traffic into and out from the parking area.
(f)
No more than two curb cuts on a public street shall be permitted.
(g)
All rear and side yards must be planted to a minimum of two feet in width with dense shrubbery or a combination of a decorative fence and shrubbery.
(h)
Driveways must be adequately lighted so as to provide safe access and egress. Lighting shall be placed so as to produce no glare to passing motorists or adjacent property.
(11)
Places of worship.
(12)
Community services centers.
(13)
Public and private passive recreation facilities requiring a waterfront location such as boat launches, fishing piers, picnic areas, parks and swimming facilities.
(15)
Public and private active recreational facilities, including, for example, skating rinks and tennis, fitness and/or swimming clubs.
(16)
Single- or multiple-family residential dwellings.
D.
Permitted accessory uses.
(1)
Any accessory use normally appurtenant to a permitted principal use or a compatible use permit use in this district.
(2)
Boathouses, cabanas, locker rooms and other similar types of enclosures.
(3)
Club support facilities such as administrative offices, maintenance facilities, boat storage, fuel and oil sales to boaters, laundry facilities, facilities for pumping of marine holding tanks and facilities for waste oil collection.
(4)
Facilities for the sale of materials, parts, supplies and other equipment used in connection with boats; bait, supplies, equipment, materials and parts used in connection with fishing; and ice, food and beverages in sealed packages and containers for off-premises consumption in connection with boating.
(5)
Parking facilities in connection with permitted principal, compatible use permit and accessory uses.
(6)
Other support facilities for the functioning of principal or compatible use permit uses, including snack bars, first aid stations, information stations/services and short-term baggage storage facilities. To the extent possible, such facilities will be sited inland of the principal or compatible use permit use.
E.
Uses requiring compatible use permits.
(1)
Warehousing, wholesaling and storage of finished products, provided that all storage is in buildings, freight distribution centers and terminals, marine railways and storage centers.
(2)
Business and professional offices, design showrooms and research, design and development laboratories.
(3)
Single- or multiple-family residential uses or artist lofts, provided that an area equal to 25% of the floor area of the residential development shall be devoted to commercial retail shops, designed primarily to serve the needs of pedestrian and marine visitors to the riverfront, and uses where the first floor contains professional or small business offices shall be constructed adjacent to the north right-of-way of West Main Street on the ground floor commencing at a point 500 feet from the Hudson River. The commercial/business/office uses shall not exceed 67% of total floor area in a building that contains such residential uses.
(4)
Computer manufacturing; machine shops for small parts; plumbing establishments.
(5)
Railroad stations, tracks and appurtenant structures such as railroad parking areas.
(6)
The following industrial uses when so authorized by the Village Board of Trustees as a development incentive:
(a)
Light manufacturing, assembling, converting, finishing or other processing of products which require a waterfront location for the transport of the products by ship.
(b)
Motor fuel and oil storage and distribution, including retail gasoline filling stations.
(c)
Electrical small parts manufacturing.
F.
Performance standards. The above uses shall be operated so as to conform with the following provisions:
(1)
No land or building shall be operated in such a manner so as to create a dangerous, injurious, noxious, fire, explosive or other hazard; vibration; odor; smoke, dust or other form of air pollution; electrical disturbance; glare; or cause any nuisance. The use shall not produce exterior noise levels that exceed 90 decibels at off-lot locations.
(2)
Location where determinations are to be made for the enforcement of performance standards:
(3)
All uses shall be operated in a manner which conforms to all applicable local, state and federal laws and meet all applicable local, state and federal performance standards related to air quality, noise, water quality, hazardous substance storage and handling, and other environmental effects.
G.
Additional provisions.
(1)
In the WGBD District, along any municipal boundary, a five-foot landscaped strip is required and shall be planted, in addition to the required side and rear yards, with a combination of evergreens, hedges and shrubs having a minimum height of six feet and shall include decorative fencing having a height of six feet.
(2)
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.
(3)
Massing of riverfront buildings in the WGBD and WD Districts. To avoid monotony and provide better physical and visual access to the river, riverfront facades should not exceed 300 feet in length. When the riverfront facade exceeds 300 feet in length, an opening of at least 50 feet shall be provided to provide a view corridor to the river. This access is to be open to the sky.
(4)
All new or relocated utility distribution facilities shall be placed underground.
§ 305-43 Waterfront District WD.
The following requirements, standards and conditions apply to the Waterfront District WD:
A.
Minimum lot area and bulk requirements.
(1)
Lot area: 0.35 acre for principal permitted and compatible use permit uses.
(2)
Lot width: 150 feet for principal permitted uses; 200 feet for compatible use permit uses.
(3)
Lot depth: 150 feet for principal permitted uses; 200 feet for compatible use permit uses, measured from the shoreline to the railroad tracks.
(5)
Building coverage: All buildings and structures on the lot shall together cover not more than 35% of the dry land area of the lot, except as provided for in Subsection B below.
(6)
Building height: Three stories/42 feet for a flat roof and 45 feet for a pitched roof, measured from the average elevation of the site or the existing grade of the adjacent street, whichever is higher, except as provided for in Subsection B below. For townhouses, the maximum height will be 35 feet for a flat roof and 45 feet for a pitched roof. Pitched roofs must not start at over 32 feet.
(7)
Building width: The total cumulative width of buildings, structures, fences or walls more than 30 inches in height shall not occupy more than 40% of the width of the parcel as measured along a line parallel to the adjacent street measured at the front yard, except as provided in Subsection B below.
(11)
Shoreline setback: 50 feet from the mean high-water mark of the Hudson River, except where the use and design of the structure requires a location with direct access to the river and involves, as an integral part of such structure, use of the water. Under no circumstances shall any non-water-dependent portion of a combined use be located within the shoreline setback of 50 feet.
B.
Development incentive.
(1)
Dimensional requirements in the WD District may be increased or reduced for the benefit of the applicant in accordance with the schedule below, provided that certain public benefit features are provided in accordance with Article XV in Waterfront Districts. All development incentives are subject to review and approval of the Village Board of Trustees. Any development incentives approved by the Village Board of Trustees are applicable only to the site plan application for which they have been approved. Public benefit features for which the Board of Trustees may grant development incentives, in accordance with § 305-125 of this Zoning Code, may include, but not be limited to:
(a)
Provision of land for a waterfront esplanade/riverwalk.
(b)
Provision of land for a waterfront park.
(c)
Provision of public access to the waterfront.
(d)
Preservation of view corridors to the Hudson River.
(e)
Construction of an aquatic/recreation center at the waterfront.
(f)
Construction of an addition to the Tarrytown Senior Citizen's Center at the waterfront.
(g)
Construction of affordable housing units.
(h)
Improvements to public parkland.
(i)
Partial funding of Village Hall and other Village purposes
(2)
Schedule of development incentive bonuses within the WGBD District:
(a)
Maximum public street frontage: 75 feet.
(b)
Maximum building coverage: 55%.
(c)
Maximum building width: 65%.
(d)
Front yard setback: 0 feet.
(e)
Rear yard setback: 10 feet.
(f)
Side yard setback: 0 feet.
(g)
Building height. Mechanical and electrical equipment may be excluded from the calculation of maximum building height, provided that:
[1]
Mechanical and electrical equipment that is exposed above 42 feet must be limited to a maximum of eight feet and less than 10% of rooftop area and must be located in the center of the roof to minimize visual impacts.
[2]
All mechanical and electrical equipment must be screened to appear as an aesthetic element consistent with building architecture. Such elements must be approved by the Planning Board and may include chimneys, cupolas, or similar architectural features. Rooftop elements must also include extensive landscaping and vegetative cover in the form of ivy or other wall vegetation, as appropriate.
C.
Permitted principal uses.
(1)
Parks or playgrounds, which may contain roads, parking areas, recreational facilities and other incidental park or public recreational uses, including facilities for the sale of refreshments, beverages and food to the public.
(2)
Any of the following, provided that such use shall remain a temporary and conditional use; that no business occupation or service other than such outdoor vehicle parking and storage shall be conducted or maintained in connection therewith; and that prior approval of the Board of Trustees is granted by resolution thereof and subject to such conditions and safeguards as the Board of Trustees may specify in such resolution as necessary or desirable in furtherance of the health, safety and general welfare of the community and subject to compliance with the requirements set forth in Columns 6 to 20 of the schedule of regulations:[1]
(a)
Seaplane base and services customarily incidental and accessory thereto.
(b)
Off-street private parking and outdoor vehicle parking and storage.
[1]
Editor's Note: The schedule is included at the end of this chapter.
(3)
Marinas, yachts and boat clubs.
(4)
Mass transit facilities, including railroad tracks and appurtenant structures such as railroad stations; and historic and/or alternative modes of transportation.
(5)
Municipal facilities other than recreational facilities, provided that they are not located on a waterfront site.
D.
Permitted accessory uses.
(1)
Uses incidental and necessary to permitted principal uses, but for no other purpose.
(2)
Accessory to a boat or yacht club, a restaurant serving food and drink; a marine railway for hauling out and launching boats; a boat storage yard; customary accessory structures, including locker houses, storage for spars, sails, outboard motors, tenders and other yachting equipment, but no commercial operations or sale of supplies shall be rendered except such as are incidental and necessary as well as customary in the operation of a yacht and boat club and marina.
E.
Performance standards. The above uses shall be operated so as to conform with the following provisions:
(1)
No land or building shall be operated in such a manner so as to create a dangerous, injurious, noxious, fire, explosive or other hazard; vibration; odor; smoke, dust or other form of air pollution; electrical disturbance; glare; or cause any nuisance. The use shall not produce exterior noise levels that exceed 90 decibels at off-lot locations.
(2)
Location where determinations are to be made for the enforcement of performance standards:
(3)
All uses shall be operated in a manner which conforms to all applicable local, state and federal laws and meet all applicable local, state and federal performance standards related to air quality, noise, water quality, hazardous substance storage and handling, and other environmental effects.
(4)
In Waterfront Districts, the dumping of ashes and miscellaneous fill in connection with the development of parks, public recreational areas and all other municipal uses shall be permitted with authorization by prior approval of the Board of Trustees, granted by resolution thereof.
F.
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)
Massing of riverfront buildings in the WGBD and WD Districts. To avoid monotony and provide better physical and visual access to the river, riverfront facades should not exceed 300 feet in length. When the riverfront facade exceeds 300 feet in length, an opening of at least 50 feet shall be provided to provide a view corridor to the river. This access is to be open to the sky.
(3)
All new or relocated utility distribution facilities shall be placed underground.