Tuckahoe City Zoning Code
ARTICLE IV
District Regulations
§ 4-1 Residence A-10 District.
4-1.1.
Use. In a Residence A-10 District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
4-1.1.1.
One-family dwelling, not to exceed one such dwelling on each lot.
4-1.1.2.
Municipal parks and playgrounds, including customary recreational and service buildings, and without limitation, any other proprietary or governmental use of the Village of Tuckahoe.
4-1.1.3.
Places of worship, including parish houses and religious school buildings and schools, including uses customarily accessory thereto subject to the following requirements:
(a)
Notwithstanding any other provisions contained in this chapter, no building shall exceed a height of 42 feet nor shall the number of stories at any point along the periphery of such building exceed three. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.
(b)
No building or part thereof shall be erected nearer than 50 feet to any street line nor nearer to any property line than 50 feet or two times the height of such building, whichever is the greater distance.
(c)
The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
(d)
Courts shall conform to the requirements of § 4-4.10 hereof.
(e)
Any private school permitted under this paragraph shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.
4-1.1.4.
Accessory uses, limited to the following:
(a)
Customary home occupations, provided that:
1.
No display of goods or signs are visible from the street.
2.
Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereof with no assistants who do not reside on the premises.
3.
Only customary household appliances and equipment are used.
4.
Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building.
(b)
Professional office or studio of an architect, artist, dentist, engineer, lawyer, musician, physician, surgeon or teacher, provided that:
1.
Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one assistant who does not reside on the premises; and
2.
Such office or studio shall occupy not more than 30% of the area of one floor of the main building. Studios, where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held, are prohibited.
(c)
Garden house, pool house, playhouse, shed, greenhouse or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools shall be subject to the provisions of § 5-1.1.
1.
In addition to complying with all other provisions of this chapter, none of the above structures shall be erected closer to the side or rear yard line than 5 1/2 feet, the distance from principal building to be not less than 10 feet. If any of the above structures are larger than 72 square feet or higher than 7 1/2 feet outside, the applicant must appeal to the Zoning Board of Appeals for a variance.
(e)
Private garage for passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.
(f)
The keeping of a reasonable number of customary household pets, but excluding the commercial breeding or keeping of same, and excluding the keeping of poultry, pigeons, rabbits and similar animals.
(g)
Nonilluminated signs, limited as follows:
1.
One nameplate or professional sign with an area of not over one square foot;
2.
One sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street or property line; and
3.
One bulletin board or other announcement sign for educational or religious institutions with an area of not over 12 square feet, provided that such sign is located on or adjacent to the wall of a building or, if freestanding, then not nearer than 15 feet to any street or property line.
(h)
Fences or garden walls.
(i)
No exterior lighting used to illuminate a stadium or ball field, other than security lighting. This shall include any lighting not consistent with § 6-1.6(e) of this Code.
[ L.L. No. 3-2021]
4-1.2.
Height. Except as provided in § 4-1.1.3 hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2 stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the area of the building of which they are a part.
4-1.3.
Lot Area and Width. The lot area shall be not less than 10,000 square feet and the lot width not less than 80 feet, provided that the length of the street line shall not be less than 80% of the lot width; provided, however, that for any lot that is created after July 1, 1999, the lot area shall be not less than 12,000 square feet and the lot width not less than 95 feet, provided that the length of the street line shall not be less than 80% of the lot width.
4-1.4.
Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:
4-1.4.1.
Front Yard. There shall be a front yard along each street line with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.
4-1.4.2.
Side Yard. There shall be a side yard along each lot line with a width of not less than 15 feet; provided, however, that any lot that is created after July 1, 1999, shall have a side yard along each lot line with a width of not less than 20 feet. In the case of corner lots, both side yards shall not be less than 25 feet wide, except that the Planning Board may adopt less restrictive side yard regulations based on the build-to line along the street.
4-1.4.3.
Rear Yard. There shall be a rear yard with a depth of not less than 30 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 40 feet.
4-1.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.
4-1.4.5.
Location of Accessory Buildings on the Lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building, except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.
4-1.5.
Maximum Coverage. The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.
4-1.6.
Floor Area Ratio. The FAR for the A-10 District is 0.4.
4-1.7.
Off-Street Parking Requirements. For each dwelling on any lot there shall be provided on the lot not less than two spaces for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street.
§ 4-2 Residence A-5 District.
4-2.1.
Use. In a Residence A-5 District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
4-2.1.1.
Any use permitted in Residence A-10 Districts.
4-2.2.
Height. Except as provided in § 4-1.1.3 hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 21h stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the (area of the) roof of the building of which they are a part.
4-2.3.
Lot Area and Width. The lot area shall be not less than 5,000 square feet and the lot width not less than 50 feet, provided that the length of the street line shall not be less than 80% of the lot width; provided, however, that for any lot that is created after July 1, 1999, the lot area shall be not less than 10,000 square feet and the lot width not less than 80 feet, provided that the length of the street line shall not be less than 80% of the lot width.
4-2.4.
Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:
4-2.4.1.
Front Yard. There shall be a front yard along each street line with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.
4-2.4.2.
Side Yard. There shall be a side yard along each lot line with a width of not less than nine feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a side yard along each lot line with a width of not less than 20 feet. In the case of corner lots, both side yards shall not be less than 25 feet wide, except that the Planning Board may adopt less restrictive side yard regulations based on the build-to-line along the street.
4-2.4.3.
Rear Yard. There shall be a rear yard with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.
4-2.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.
4-2.4.5.
Location of Accessory Buildings on the Lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building, except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.
4-2.5.
Maximum Coverage. Except as provided in § 3-1.1.3 hereof, the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
4-2.6.
Floor Area Ratio. The FAR for the A-5 District is 0.5.
4-2.7.
Off-Street Parking Requirements. For each dwelling on any lot there shall be provided on the lot not less than two spaces for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street.
§ 4-3 Residence B District.
[L.L. No. 1-2005, § 1]
4-3.1.
Use. In a Residence B District, no building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
4-3.1.1.
Any use permitted in Residence A-5 Districts.
4-3.1.2.
A dwelling for two families, not to exceed one such dwelling on each lot.
4-3.1.3.
Accessory uses, as provided in § 4-1.1.4, except that:
(a)
An accessory private garage space for not more than three vehicles, one of which may be a commercial vehicle of not more than three-quarter-ton capacity, belonging to the owner or lessee of the property may be maintained.
(b)
No living quarters or sleeping rooms shall be permitted in any accessory building.
4-3.2.
Height. Except as provided in Paragraph 4-1.1.3 hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2 stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.
4-3.3.
Lot Areas and Width. The lot area shall not be less than 5,000 gross square feet and lot width not less than 50 feet for any one-family dwelling and the lot area shall not be less than 7,500 gross square feet and lot width not less than 80 feet for any two-family dwelling for any and all lots created on or before July 1, 1999, provided that the length of the street line shall not be less than 80% of the lot width, and further provided, however, that for any lot created after July 1, 1999, the lot area shall not be less than 10,000 gross square feet and the lot width not less than 80 feet, provided that the length of the street line shall not be less than 80% of the lot width.
4-3.4.
Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:
4-3.4.1.
Front Yard. There shall be a front yard along each street line with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.
4-3.4.2.
Side Yard. There shall be a side yard along each lot line with a width of not less than nine feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a side yard along each lot line with a width of not less than 15 feet.
4-3.4.3.
Rear Yard. There shall be a rear yard with a depth of not less than 25 feet; provided, however, that for any lot is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.
4-3.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.
4-3.4.5.
Location of Accessory Buildings on the Lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building, except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 1 2% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.
4-3.4.6.
Buffer. There shall be a five-foot-wide landscaped buffer located within the required side and rear yards where these yards abut a property line. Such five-foot-wide buffer shall not contain impermeable or impervious surfaces for parking or driveways and shall be maintained as open space with natural materials such as grass, plants, and/or shrubbery.
4-3.5.
Maximum Coverage. Except as provided in § 4-1.1.3 hereof, the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.
4-3.6.
Floor Area Ratio. The FAR for the Residence B District is 0.5.
4-3.7.
Off-Street Parking Requirements. For a two-family dwelling on any lot there shall be provided and maintained on the lot not less than four spaces for the parking or garaging of passenger vehicles. For a one-family dwelling on any lot there shall be provided and maintained on the lot not less than two spaces for the parking or garaging of passenger vehicles. For one-family dwellings and two-family dwellings, such spaces shall be directly accessible to a public street. Subject to all provisions of this chapter, including but not limited to § 5-1.2, tandem parking, i.e., the parking of one vehicle in back of another or in front of or in back of a garaged parking space, may be permitted by the Planning Board, provided that such tandem parking arrangement shall be restricted in its use to residents of the dwelling unit for which such tandem parking arrangement serves to satisfy the parking requirement.
§ 4-4 Apartment 3 District.
4-4.1.
Use. In an Apartment District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
4-4.1.1.
Any use permitted in Residence B Districts.
4-4.1.2.
Apartment buildings for one-family residential use containing at least seven dwelling units.
4-4.1.3.
Townhouses consisting of at least two and not more than 15 attached one-family dwellings having a common roof and separated by party or common walls.
4-4.1.4.
Senior citizen housing, provided that the living accommodations are designed for persons 55 years of age or older.
4-4.1.5.
Accessory buildings and accessory uses.
4-4.1.5.1.
Accessory uses, as provided in § 4-1.1.4, for any use permitted in Residence B Districts.
4-4.1.5.2.
Accessory uses for apartment buildings may include, in addition to the accessory uses as provided in § 4-1.1.4(c) and (h) and as prescribed by special permit in § 6-2.2, private garages for passenger automobiles of residents of such housing, such as but not limited to a parking structure which may not exceed 42 feet in height or the height of the apartment building to which it is accessory, whichever height is less. In addition, an apartment building containing at least three stories may include, on the ground floor of such building, professional service, retail or office uses.
4-4.1.5.3.
Accessory uses for senior citizen housing may include, in addition to the accessory uses as provided in § 4-1.1.4(c) and (h) and as prescribed by special permit in § 6-2.2, private garages for passenger automobiles of residents of such housing, such as but not limited to a parking structure which may not exceed 42 feet in height or the height of the senior housing building to which it is accessory, whichever height is less; passive open space, including landscaped areas, paved walkways, plazas, fountains, terraces and similar uses. In addition, senior citizen housing may include medical-related facilities, such as but not limited to medical examining rooms; recreational facilities; and personal service stores, such as but not limited to barbershops, beauty parlors, convenience stores, laundries (where no dry cleaning is conducted on the premises) and tailors (provided that where steam pressure is used in clothes pressing the generating apparatus shall not exceed five rated boiler horsepower); all of which shall be restricted to use by residents and employees of and visitors to residents of the senior citizen housing. Any such accessory uses may not have an exterior street entrance, other than the entrance to the senior citizen housing.
4-4.2.
Height and Stories. Except as provided below, no building shall be erected to a height in excess of 42 feet, nor shall the number of stories exceed three.
4-4.2.1.
An existing nonresidential building may be reused, converted and/or rehabilitated for residential use as an apartment building or for senior citizen housing, provided that the height and bulk of such a building shall not be increased; and provided, further, that such a building shall not exceed a height in excess of 100 feet, nor shall the number of stories exceed six.
4-4.2.2.
Chimneys, flues, towers, bulkheads, spires and other decorative features, and mechanical and heating, ventilation and air-conditioning systems shall be exempt from the height requirements of this paragraph, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part. All mechanical and heating, ventilation and air-conditioning systems shall be screened from the view of adjacent and abutting residential uses and the noise from said systems shall be mitigated such that the noise levels with said systems in operation are not perceptibly higher than the existing noise levels.
4-4.3.
Lot Area and Depth. No lot shall have an area of less than 12,000 square feet, nor shall the land area provided for each dwelling unit on the lot be less than 950 square feet (i.e., the maximum number of dwelling units on one acre is 46). No lot shall have an average depth of less than 100 feet.
4-4.4.
Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:
4-4.4.1.
Front Yard. There shall be a front yard with a minimum depth of 20 feet.
4-4.4.2.
Side Yard. There shall be a side yard with a minimum width equal to 1/2 the height of the wall or walls of any building which face(s) the side lot line, but in no case nearer than 12 feet to such lot line, except for townhouses, where the side yard shall be a minimum of 15 feet either for an individual townhouse or for a cluster of attached townhouses.
4-4.4.3.
Rear Yard. There shall be a rear yard with a minimum depth of 30 feet, except that the rear yard for senior citizen housing shall be a minimum depth of 15 feet.
4-4.4.4.
Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of six feet above the average level of such lot line.
The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required. |
4-4.5.
Usable Open Space. For every dwelling unit erected on any lot there shall be provided at least 30 square feet of usable open space. Any such open space shall be, at its narrowest point, at least 20 feet in width.
Adjacent land located in a neighboring municipality or under separate ownership may be used to satisfy this provision, provided that such use is permitted by the zoning of the neighboring municipality and, if required by such zoning code, the neighboring municipality approves the use of such land as usable open space, and further provided that the owner of the land files a declaration with the Clerk of the County of Westchester, which declaration shall be approved by the Village Board of Trustees, declaring that said land shall be dedicated as open space for so long as the use or uses for which it provides usable open space shall continue or shall require the provision of such open space. Said declaration shall run with the land and be enforceable by the Village of Tuckahoe. |
4-4.6.
Maximum Coverage. Except as provided below, the sum of all areas covered by all principal buildings shall not exceed 35% and by accessory buildings shall not exceed 10% of the area of the lot, except that, where the Zoning Board of Appeals finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, such Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitations.
Notwithstanding the foregoing, for senior citizen housing, the sum of all areas covered by all principal buildings shall not exceed 40% and by accessory buildings shall not exceed 10% of the area of the lot, except that, where the Zoning Board of Appeals finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, such Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitations. |
4-4.7.
Floor Area Ratio. The FAR for the Apartment 3 District is 1.0.
4-4.8.
Length of Buildings. No building shall exceed a length of 160 feet, except that for senior citizen housing and townhouses, no building shall exceed a length of 220 feet.
4-4.9.
Distance Between Buildings. The following distances between buildings shall be observed:
4-4.9.1.
Between a principal building, other than a one-family dwelling, and a one-story accessory building: 12 feet.
4-4.9.2.
Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.
4-4.9.3.
Any accessory parking structure which does not meet the requirements of § 4-4.9.2 above must be contiguous to a principal building on the property.
4-4.10.
Courts.
4-4.10.1.
Inner Courts. An inner court is permitted if the minimum dimensions of such court are not less than 1/2 times the average height of all surrounding walls in the case of nonresidential buildings and not less than 1 1/2 times such height, but not less than 60 feet, in the case of residential buildings. The height of walls surrounding an inner court shall be measured from finished grades at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.
4-4.10.2.
Outer Courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.
4-4.11.
Off-Street Parking Requirements. The requirements of § 5-1.2 regarding off-street parking shall be applicable to uses in this district, except that:
(1)
For senior citizen housing, automobile parking spaces shall be provided on the lot containing such housing site as follows: not less than one parking space for each independent dwelling unit; 0.3 of a parking space for each assisted or congregate care unit; and for other types of units, the parking requirements shall be determined by applying the ratio applicable to the type of unit most similar to such other units. The Planning Board may modify this requirement for senior citizen housing as a part of its review and approval of the site plan of such development, provided that the off-street parking required shall be adequate to provide for the parking of the vehicles of all persons residing and employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, such as guests.
§ 4-5 Business/Residential.
[L.L. No. 5-2005, § 1; L.L. No. 1-2013, § 1]
4-5.1.
In a Business/Residential District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
4-5.1.1.
Any use permitted in business districts.
4-5.1.2.
Apartments for one-family residential use at or above the second story by special permit in accordance with §§ 6-1 to 6-2.4, including any use described in § 4-1.1.4; provided, however, that the accessory uses described in § 4-1.1.4(a) and (b) shall only occupy or be carried on in not more than 30% of a residential apartment or dwelling unit; and further provided, however, that no dance instruction shall be permitted, and music instruction shall be limited to one pupil at a time.
4-5.2.
Any building or premises constructed or occupied exclusively for business use shall conform to the use and yard requirements set forth in § 4-6 of the Zoning Ordinance.
4-5.3.
Any building or premises used for both residential and for business use shall conform to the following:
4-5.3.1.
Residential dwelling units shall be located only at or above the second story. There shall be a separate entrance from the street for the residential dwelling units. Residential dwelling units and permitted business uses shall not be located on the same story. Residential uses located at or above the second story shall only be permitted by special permit in accordance with §§ 6-1 to 6-2.4. In no case shall residential dwelling units be permitted on the ground floor, first floor or basement level.
4-5.3.2.
Except as provided in this subsection, no front, side or rear yard is required. However, if any side or rear yard is provided, such yard shall be at least six feet wide. A yard of not less than 10 feet shall be provided along any lot line that borders on a residential zone. Vehicles shall not be permitted to be parked or stored in any such yard that borders on a residential zone unless a buffer of trees or plants, as may be approved by the Planning Board, shall be provided.
4-5.3.3.
No building shall be erected to a height in excess of 42 feet above the average grade of the street line at the front of the property. The designation of "front' of the property shall be subject to the approval of the Planning Board. The number of stories shall not exceed three.
4-5.3.4.
Floor Area Ratio. The FAR for the Business/Residential District is 1.0; however where land uses wholly within the Business/Residential District are 50% or more residential, as measured by gross floor area, the FAR shall be 1.2.
4-5.4.
The total parking requirements for the premises shall be the sum of the requirements for each of the premises as may be required by § 5-1 of the Zoning Ordinance; provided, however, that the Zoning Board of Appeals may approve the joint use of a designated number of parking spaces by two or more uses or establishments on the same lot, the total capacity of which spaces is less than the sum of the spaces required for each, provided that the Zoning Board of Appeals finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons, employees or residents.
4-5.5.
No provision of this chapter shall be construed to limit the authority of the Zoning or Planning Board in the exercise of the authority conferred upon them by the New York State Village Law, the Tuckahoe Village Ordinances or the Tuckahoe Zoning Ordinance, including but not limited to the authority of the Planning Board relating to site plan approval as set forth in § 7-1 of this Zoning Ordinance.
§ 4-6 Business District.
[L.L. No. 3-2002, § 6]
4-6.1.
In a Business District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except those set forth below, provided that no such building or premises shall have as its major object the catering or furnishing of services to other than the residents of the locality:
(a)
Permitted Uses.
1.
Retail stores and banks.
2.
Personal service stores such as, but not limited to, barbershops, beauty parlors and tailors, provided that, where steam pressure is used in clothes pressing, the generating apparatus shall not exceed five rated boiler horsepower.
3.
Business, professional or governmental offices.
4.
Service establishments furnishing services other than of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair or service.
5.
Theaters and restaurants, excluding amusement parks or galleries, whether open or enclosed, or circuses.
6.
Laundry and cleaning establishments shall be permitted to operate only between the hours of 6:00 a.m. and 10:00 p.m. and shall be further limited as follows:
a.
The cleaning of wearing apparel or household effects using dry-cleaning fluids, chemicals or combustible solvents is prohibited.
b.
Outlets and pickup stations for laundries and dry-cleaning establishments where such cleaning is not performed on the premises are permitted.
c.
The washing of wearing apparel, household effects and shirts on the premises is permitted only if soap, water and/or noncombustible solvents are used, except that small quantities of combustible solvents may be used for the incidental removal of spots.
d.
Laundries or laundromats shall only be permitted to be open for business and operate when a manager or attendant is on the premises.
7.
Newspaper printing, including incidental job printing.
9.
Off-street parking lots and accessory garages.[2]
All permitted uses, other than off-street parking, whether principal or accessory, shall be carried on in buildings fully enclosed on all sides. |
[2]
Editor's Note: Former Subsection (a)10, regarding hospitals, hotels and places of worship, was repealed by L.L. No. 3-2002, § 5.
(b)
Special Permit Uses.
1.
Funeral parlors.
2.
Family care or group care facilities.
3.
Day-care facilities.
4.
Sports and health clubs.
5.
Manufacturing assembling, converting, altering, finishing, cleaning or processing of products where goods so produced or processed are to be sold on the premises; provided that:
a.
An area fully concealed from any street shall be so used.
b.
Power not exceeding a total of five rated horsepower shall be used exclusively, unless the Board of Trustees finds that the use of an installation of over five horsepower will have no adverse effect on neighboring uses.
c.
Except as specified below, not more than five persons are engaged in such production or processing.
6.
Off-street parking lots and accessory garages.
7.
Hospitals and hotels.
8.
Schools.
9.
Places of worship.
(c)
Prohibited Uses. Any use not specifically permitted in § 4-6.1(a) and any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation or which presents a hazard to public health or safety is prohibited.
4-6.2.
Intensity of Use. No building shall be erected or enlarged in which the floor area shall exceed 1.6 times the area of the lot on which such building stands.
4-6.3.
Yards. No front, side or rear yard is required, but, if any side or rear yard is provided, such yard shall be at least six feet wide.
4-6.4.
Height. Except as provided hereinafter, no part of any building shall be erected to a height greater than three stories and basement, nor shall such height exceed 42 feet above the curb level. Where a lot has frontage on two or more streets or other public ways, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.
When penthouses, bulkheads, etc., are over 12 feet high and cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the side walls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building. |
4-6.5.
Floor Area Ratio. The FAR for the Business District is 1.6.
§ 4-7 Industry District.
4-7.1.
Within any Industry District, no building or land shall hereafter be used for any purpose other than any of the following uses, or any combination thereof, that will satisfy the performance standards that are set forth immediately following the list of said uses:
(a)
Permitted Uses.
1.
Offices for executive, administrative or clerical purposes.
2.
Scientific or research laboratories.
3.
Manufacturing, including the fabrication and assembly of products, and incidental storage, sale and distribution of such products, but excluding heavy industrial processing where products are extracted from raw materials.
4.
Warehouse and storage facility enclosed within a building.
4-7.2.
Performance Standards. No use shall be established, maintained or conducted so that the same will cause any:
(a)
Dissemination of smoke, gas, dust, odor or any other atmospheric pollutant outside the building in which the use is conducted or, with respect to a use or any part thereof that is not conducted within a completely enclosed building, any such dissemination whatsoever.
(c)
Discharge of any waste material whatsoever into any watercourse.
(d)
Dissemination of glare or vibration beyond the immediate site of the use.
(e)
Traffic on any street primarily serving residential districts that is incongruous with the traffic normal to such streets.
(f)
Physical hazard, by reason of fire, explosion, radiation or similar cause, to property in the same or an adjacent district.
4-7.3.
Additional Uses. The following uses may be established and maintained:
(a)
Quarters for caretakers or watchmen on the site of the use to which the same are appurtenant.
(b)
Facilities for the furnishing of meals and the sale of refreshments and personal convenience items solely to the employees of uses in a particular development and guests of the management thereof, provided that such facilities shall be located completely within a building.
4-7.4.
Uses Prohibited. All other uses are hereby prohibited. It is the intent of this chapter to exclude all residential and all business uses, other than as specified above, as being inappropriate therein and in conflict with the purposes of this chapter and to confine the uses therein to those that are specifically listed in this subsection as being permitted therein.
With respect to any application for a building permit or a certificate of occupancy, the Building Inspector may require such evidence as he may deem to be necessary to determine whether or not the proposed use will reasonably conform to the performance standards set forth above in this subsection and with the site plan approved in accordance with the provisions of § 4-7.8. If the Building Inspector is in doubt, he shall refer the matter to the Planning Board, which shall make a determination in the case, in connection with which it may obtain expert advice, at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application. |
4-7.5.
Height; Open Space. The following regulations shall apply:
(a)
Except in the case of extensions to existing buildings, no building shall exceed a height of three stories or 50 feet.
(b)
All the buildings on a site, as shown on the site plan thereof, as provided in § 4-7.8, shall not cover an aggregate area of more than 70% of the area of such site.
(c)
The Floor Area Ratio (FAR) for the Industry District is 1.0.
(d)
All buildings shall be located at an average distance of not less than 20 feet, and at no point less than 10 feet, from any boundary of the site on which the same are situated, provided that no building shall be located at a distance of less than 100 feet from the boundary of any residential district established by this chapter. The distance of 100 feet from a residence district may be reduced to 50 feet, by the Planning Board, if the Board finds that such a reduction is environmentally appropriate and is consistent with neighborhood character. The provisions of this section shall not apply to industrial sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.
(e)
On the site of any development that is contiguous to the outside boundary of the district, there shall be provided a belt of landscaping having a width of not less than six feet. On the site of any development that is contiguous to the boundary of any residential district established by this chapter there shall be provided a belt of landscaping along such boundary, having a width of not less than 20 feet. Such belt shall be planted and maintained in accordance with requirements made as a part of the action by the Planning Board on a site plan as provided in § 4-7.8 of this chapter, and in conformity with any specifications as to such landscaping that may be adopted by the Planning Board, with approval by the Village Board. The provisions of this section shall not apply to industrial sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.
(f)
Every use, or any part thereof, that is not conducted within a building completely enclosed on all sides shall be completely enclosed within a wall or fence of such material, construction and height as to screen completely all operations conducted within such wall or fence from observation from outside thereof. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this chapter shall be specified by the Planning Board as a part of its action on the site plan of the use, as provided in § 4-7.8 of this chapter.
4-7.6.
Automobile Parking Space. Automobile parking space shall be provided on the site of any development in an amount determined by the Planning Board, as a part of its action on the site plan of this development, as provided in § 4-7 of this chapter, to be adequate to provide for the parking of the vehicles of all persons employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, whether as customers, purveyors, official visitors, guests or otherwise. In making such determination, the Planning Board may take into account the likelihood of multiple use of the parking space in connection with other uses on the site.
4-7.8.
Site Plan Approval. In any development established (after the effective date hereof), the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off-street parking space, the provision of other open space on the site, the display of signs, and the provision of fences, walls and landscaping shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be in accordance with a site plan or plans or subsequent amendment thereof. The parking space provisions, landscaping, fences and walls included in any site plan approved by the Planning Board shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant. In considering any site plan hereunder, the Planning Board shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site, and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purposes of this chapter.
4-7.9.
Enforcement and Guaranties. No building permit or certificate of occupancy shall be issued for any building or use except in accordance with a site plan approved as provided in § 4-7.8. The purpose of requiring such approval is to safeguard the purposes of this chapter and the developmental policy set forth in Article I and to protect the general welfare of the Village and the values of property therein against the detrimental effects of possible failure actually to complete a development in any such district as contemplated in the rezoning of land therefor and the leaving of the same in an unfinished and unsatisfactory condition. To these ends, the Planning Board shall require such guaranties or conditions as it may deem to be necessary in order to assure that such development will actually take place and will proceed to completion.
§ 4-8 General Commercial District.
[L.L. No. 10-2009, § 1]
4-8.1.
Within any General Commercial District, no building or land shall hereafter be used for any purpose other than any of the following uses, or any combination thereof, that will satisfy the performance standards that are set forth immediately following the list of said uses:
(b)
Special Permit Uses.
1.
Motor vehicle filling stations or motor vehicle repair/body shops.
2.
Outdoor storage. In case of temporary outdoor storage for a duration less than 90 days, permission may be granted by the Village Building Department.
3.
Manufacturing, including the fabrication and assembly of products, and incidental storage, sale and distribution of such products, but excluding heavy industrial processing where products are extracted from raw materials.
4-8.2.
Performance Standards for Special Permit Uses. No use listed in § 4-8.1(b)(1), (2) or (3) shall be established, maintained or conducted so that the same will cause any:
(a)
Dissemination of smoke, gas, dust, odor or any other atmospheric pollutant outside the building in which the use is conducted or, with respect to a use or any part thereof that is not conducted within a completely enclosed building, any such dissemination whatsoever.
(c)
Discharge of any waste material whatsoever into any watercourse.
(d)
Dissemination of glare or vibration beyond the immediate site of the use.
(e)
Traffic on any street primarily serving residential districts that is incongruous with the traffic normal to such streets.
(f)
Physical hazard, by reason of fire, explosion, radiation or similar cause, to property in the same or an adjacent district.
4-8.3.
Accessory Uses. The following uses may be established and maintained so long as they are incidental and subordinate to a principal or special permit use:
(a)
Within a hotel, a public dining area or restaurant, recreation space, a lounge, a pool or a meeting room or meeting rooms.
(b)
Quarters for caretakers or watchmen on the site of the use to which the same are appurtenant.
(c)
Satellite earth station or dish antenna less than 24 inches in diameter.
(e)
Fences and walls.
(f)
Garages or parking structures.
4-8.4.
Uses Prohibited. All other uses are hereby prohibited. It is the intent of this chapter to exclude all residential uses as being inappropriate therein and in conflict with the purposes of this chapter and to confine the uses therein to those that are specifically listed in this section as being permitted therein.
With respect to any application for a building permit or a certificate of occupancy, the Building Inspector may require such evidence as he may deem to be necessary to determine whether or not the proposed use will reasonably conform to the performance standards set forth above in this section and with the site plan approved in accordance with the provisions of § 4-8.8. If the Building Inspector is in doubt, he shall refer the matter to the Planning Board, which shall make a determination in the case, in connection with which it may obtain expert advice, at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application. |
4-8.5.
Height; Open Space. The following regulations shall apply:
(a)
No building shall exceed a height of 50 feet. Notwithstanding the foregoing sentence, subject to Planning Board approval, buildings satisfying the environmental standards set forth in § 4-8.5(g) may be built to a height as set forth in said § 4-8.5(g).
(b)
All the buildings on a site, as shown on the site plan thereof, as provided in § 4-8.8. shall not cover an aggregate area of more than 70% of the area of such site. Additionally, at least 15% of the site must be in open space that is landscaped, permeable and open to the air.
(c)
The floor area ratio for the General Commercial District is 1.6. Notwithstanding the foregoing sentence, subject to Planning Board approval, buildings satisfying the environmental standards set forth in § 4-8.5(g) shall have a floor area ratio that does not exceed the floor area ratio set forth in said § 4-8.5(g).
(d)
Front Yard. There shall be a front yard along each street line with a depth of not less than 10 feet. The front yard shall be measured from the curbline, and the sidewalk, if any, shall be included in such computation and measurement. For a building above 40 feet in height, such building shall be set back an additional 10 feet.
Side Yard. All buildings shall be located at no point less than 10 feet from any side boundary of the site on which the same are situated, provided that no building shall be located at a distance of less than 50 feet from the boundary of any residential district established by this chapter. The provisions of this section shall not apply to sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads. | |
Rear Yard. All buildings shall be located at no point less than 20 feet from any rear boundary of the site on which the same are situated, provided that no building shall be located at a distance of less than 50 feet from the boundary of any residential district established by this chapter. The provisions of this section shall not apply to sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads. |
(e)
On the site of any development that is contiguous to the outside boundary of the district, there shall be provided a belt of landscaping having a width of not less than six feet. On the site of any development that is contiguous to the boundary of any residential district there shall be provided a belt of landscaping along such boundary having a width of not less than 20 feet. Landscape belts shall be included in a comprehensive landscape plan for review and approval by the Planning Board and subject to the review of an outside licensed landscape architect. Landscape belts shall include a variety of deciduous and evergreen trees, small flowering trees with a minimum diameter at breast height of three inches and deciduous and evergreen shrubs. All species shall be noninvasive. Such belt shall be planted and maintained in accordance with requirements made as a part of the action by the Planning Board on a site plan as provided in § 4-8.8 of this chapter, and in conformity with any specifications as to such landscaping that may be adopted by the Planning Board, with approval by the Village Board. The provisions of this section shall not apply to sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.
(f)
Every use, or any part thereof, that is not conducted within a building completely enclosed on all sides shall be completely enclosed within a wall or fence of such material, construction and height as to screen completely all operations conducted within such wall or fence from observation from outside thereof. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this chapter, shall be specified by the Planning Board as a part of its action on the site plan of the use, as provided in § 4-8.8 of this chapter.
(g)
Environmental Standards Bonus.
1.
Conditions for Bonus. At the discretion of the Planning Board, a density bonus may be granted to an applicant under the following conditions:
i.
If the applicant demonstrates to the Planning Board's satisfaction that the proposed structure and/or use shall comply with at least half the standards listed below in Subsection (g)2, in any combination, then the Planning Board may award either or both a density and a height bonus.
ii.
If the applicant demonstrates to the Planning Board's satisfaction that the proposed structure and/or use shall comply with all the standards listed below in Subsection (g)2, then the Planning Board may award either or both a density and a height bonus.
2.
Environmental Standards. The following items are actions, materials, or programs that an applicant in the General Commercial District may adopt either to mitigate potentially adverse environmental impacts or to improve the subject site's environment.
i.
Green Building Design. "Green building design" is the practice of increasing the efficiency with which buildings use energy, water, and material resources while reducing building impacts on human health and the environment during the building's life cycle.
(1)
Generally, the applicant shall demonstrate to the Planning Board that green (sustainable) design measures will be used. Some measures are:
a)
Site planning: e.g., responsiveness to climate features such as sun and wind, microclimate management, solar orientation (long axis facing south); landscaping for summer cooling effect and for blocking winter winds; parking areas designed to limit heat absorption.
b)
Efficient water use: e.g., use of water conservation measures, including dual water systems if available, water recycling.
c)
Efficient energy, materials and resources use: e.g., use of daylighting; use of appropriate glass for minimizing heating and cooling loads, use of building materials in construction and maintenance of site features, use of materials in environmentally sound ways, such as Energy Star® products and certified lumber, use of insulation beyond minimum standards, use of renewable energy for heating and cooling, use of energy-efficient motors, use of energy-efficient lighting, use of energy management systems.
(2)
Specifically, one set of criteria for green building design is known as "LEED"® and is promulgated by the U.S. Green Building Council (USGBC). LEED® (Leadership in Energy and Environmental Design) is a certification program aimed at design and construction practices. LEED® provides technical and criteria-based standards for environmentally sustainable design, construction and operation. The program includes a building rating system for new construction for use by designers, builders, developers, and building owners.
(3)
To qualify for a bonus, the applicant shall demonstrate green building design, whether LEED® -compliant or the equivalent, before the certificate of occupancy is granted.
ii.
Stormwater Management. To qualify for a bonus, the applicant shall demonstrate that the stormwater management program includes, among other components, the following permanent components:
iii.
Pollution. To qualify for a bonus, the applicant shall demonstrate that:
(1)
Light pollution. No outdoor light generated on the site shall spill over the property line.
(2)
Noise pollution. Mechanical noise emitted from roof-mounted equipment shall not be perceptible beyond the property line. Mechanical equipment shall not be allowed on green roofs. [See Subsection (g)2ii(1) above.]
4-8.6.
Automobile Parking Spaces. Automobile parking spaces shall be provided on the site of any development in an amount determined by the Planning Board, as a part of its action on the site plan of this development as provided in § 4-8.8 of this chapter, to be adequate to provide for the parking of the vehicles of all persons employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, whether as customers, purveyors, official visitors, guests or otherwise. In making such determination, the Planning Board may take into account the likelihood of multiple use of the parking space in connection with other uses on the site.
4-8.7.
(Reserved)
4-8.8.
Site Plan Approval. In any development established (after the effective date hereof), the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off-street parking space, the provision of other open space on the site landscaped buffer, the display of signs, and the provision of fences, walls and landscaping shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be in accordance with a site plan or plans or subsequent amendment thereof approved by the Planning Board. The parking space provisions, landscaping, fences and walls included in any site plan approved by the Planning Board shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant. In considering any site plan hereunder, the Planning Board shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site, and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purposes of this chapter.
4-8.9.
Enforcement and Guaranties. No building permit or certificate of occupancy shall be issued for any building or use except in accordance with a site plan approved as provided in § 4-8.8. The purpose of requiring such approval is to safeguard the purposes of this chapter and the developmental policy set forth herein and to protect the general welfare of the Village and the values of the property therein against the detrimental effects of possible failure actually to complete a development in any such district as contemplated in the rezoning of land therefor and the leaving of the same in an unfinished and unsatisfactory condition. To these ends, the Planning Board shall require such guaranties or conditions as it may deem to be necessary in order to assure that such development will actually take place and will proceed to completion.