Yorktown City Zoning Code
ARTICLE V
Schedule of Regulations
§ 300-21 Schedule of Regulations. [1]
A.
Section 300-21 (also referred to in this code as the “Schedule of Regulations”) sets forth the uses of land and buildings for the zoning districts established by this chapter. The regulations on the height of buildings, yards, open space spaces, the area of lots, coverage of lots, off-street parking space, loading space and other matters related to the siting and construction of improvements under this chapter are set forth in § 300-13 and elsewhere in this chapter, and in Appendix A (Residential Zone Standards) and Appendix B (Business and Industry Zone Standards) to this code. The regulations set forth in Appendix A and Appendix B shall be deemed to be the minimum requirements in every instance of their application for each district, unless otherwise indicated.
[Amended 11-15-2011 by L.L. No. 18-2011]
B.
It is the intention that the uses set forth for each district shall not be permitted uses in the following districts unless allowed specifically or by reference as permitted uses in said following districts. Only those uses listed for each district as being permitted shall be permitted. Uses not listed specifically or by reference as being permitted in a district shall be nonpermitted uses in that district, and such nonpermitted uses are prohibited.
[Amended 1-2-1991 by L.L. No. 1-1991]
C.
Use regulations.
[Amended 4-15-1980 by L.L. No. 3-1980; 12-9-1980 by L.L. No. 5-1980; 10-20-1981 by L.L. No. 17-1981; 6-15-1982 by L.L. No. 6-1982; 7-20-1982 by L.L. No. 8-1982; 2-15-1983 by L.L. No. 2-1983; 4-5-1983 by L.L. No. 9-1983; 6-18-1985 by L.L. No. 7-1985; 1-7-1986 by L.L. No. 3-1986; 6-17-1986 by L.L. No. 16-1986; 5-19-1987 by L.L. No. 3-1987; 3-3-1987 by L.L. No. 5-1987; 5-19-1987 by L.L. No. 13-1987; 9-16-1987 by L.L. No. 25-1987; 11-14-1987 by L.L. No. 32-1987; 11-15-1988 by L.L. No. 42-1988; 9-19-1989 by L.L. No. 19-1989; 9-18-1990 by L.L. No. 17-1990; 6-15-1993 by L.L. No. 17-1993; 5-3-1994 by L.L. No. 15-1994; 7-15-1994 by L.L. No. 21-1994; 1-20-1998 by L.L. No. 4-1998; 5-18-1999 by L.L. No. 7-1999; 6-4-2002 by L.L. No. 5-2002; 5-2-2006 by L.L. No. 9-2006; 11-21-2006 by L.L. No. 15-2006; 9-2-2008 by L.L. No. 3-2008; 8-4-2009 by L.L. No. 11-2009; 2-3-2011 by L.L. No. 1-2011]
(1)
Single-family residential districts, R1-200, R1-160, R1-80; R1-40; R1-20 and R1-10.
(a)
Permitted main uses in the above-mentioned districts shall be as follows:
[1]
One single-family dwelling per lot.
[2]
Public elementary, middle, and high schools.
[3]
Governmental use of the Town of Yorktown, New York, except incinerators or dumps.
[4]
Farms, farm uses, customary farm occupations, stables, plant and tree nurseries and greenhouses in accordance with the provisions of § 300-45, provided that no retail sales space greater than 500 square feet in area is maintained on the premises in connection with their use.
[5]
Private and public parks, parkways and recreation facilities, but not including a commercial facility.
(b)
Main uses permitted by special permit (in accordance with provisions of Article VII) in the above-mentioned districts shall be as follows:
[1]
Bus passenger shelters.
[2]
Camps and day camps.
[3]
Convalescent or nursing homes.
[4]
Places of religious worship, convents and rectories.
[5]
Religious, charitable and eleemosynary institutions, as defined herein.
[7]
Golf clubs and country clubs.
[8]
Private and parochial elementary and high schools, or any combination thereof, in accordance with the provisions of § 300-55.
[Amended 6-21-2016 by L.L. No. 13-2016]
[9]
Conversion of an existing dwelling built prior to January 1, 1930, and having a usable floor area of not less than 1,300 square feet for two-family or multiple residences, hotels, eating places in accordance with the standards of § 300-68.
[10]
Conversion of an existing dwelling to limited office use in accordance with the standards of § 300-51.
[11]
Social, cultural and recreational uses serving a community need or convenience and not including any activity carried on primarily for profit.
[12]
Radio, television and other electronic transmission stations or towers, including wireless communications facilities.
[13]
Telephone exchange buildings.
[14]
Public utility transmission lines and unit substations.
[15]
Tourist homes and boardinghouses.
[16]
Watersheds and water supply facilities not part of the Town's water system.
(c)
Permitted accessory uses (uses listed under this heading are subject to the provisions of § 300-182) in the above-mentioned districts shall be as follows:
[1]
Customary home occupations, as defined in this chapter.
[2]
Keeping of not more than two nontransient roomers or boarders in any dwelling.
[3]
Private garden houses, toolhouses, greenhouses, recreation space or similar private accessory use not used for a commercial purpose.
[4]
Private swimming pools, provided that such pool or the lot on which it is located is completely enclosed with a protective fence at least four feet in height.
[5]
A building used as a private garage for vehicle or equipment storage with no more than four overhead doors.
[6]
Parish houses and church school rooms.
[7]
(Reserved)
[8]
(Reserved)
[9]
Off-street parking areas.
[10]
Individual or collective private water supplies and sewage facilities.
[11]
Storage of auto trailers, mobile house trailers or boats, provided that such trailer or boat is enclosed by a building or otherwise concealed from adjoining property.
[12]
A telephone answering service when conducted in a dwelling by the inhabitant thereof, employing not more than two persons and serving only the area within the Town.
[14]
Home offices, solely for the private use of the inhabitants of the dwelling and not for the conduct of business in which customers, clients or others use or visit the office.
[15]
Family day-care homes as defined herein.
(d)
Accessory uses permitted by special permit (in accordance with provisions of Article VII) in the above-mentioned districts shall be as follows:
[1]
Gatehouses or accessory living quarters for guests or domestic employees in accordance with the standards set forth in § 300-47.
[Amended 11-15-2011 by L.L. No. 18-2011]
[2]
Retail sales space in excess of 500 square feet which is maintained in connection with a farm, plant or tree nursery or greenhouse, as defined in this chapter.
[4]
Professional offices by the inhabitants residing therein in accordance with the standards set forth in § 300-76.
[6]
Helistops pursuant to § 300-81.1 as an accessory use to those enumerated in § 300-21C(1)(a)[2] and [3] and § 300-21C(1)(b)[8] in the R1-200 and R1-160 Districts only.
[Added 6-21-2016 by L.L. No. 13-2016]
(3)
R-3 Multifamily Residential Districts.
(a)
Permitted main uses for the above-mentioned districts shall be as follows:
[1]
The same uses as in Subsection C(2)(a)[2] above.
[2]
Multifamily dwelling, provided that:
[a]
There is 90 feet or more between main walls of the building.
[b]
There is 50 feet or more between end walls with windows.
[c]
There is 30 feet or more between walls in any other case.
[d]
No single building is over 180 feet in length.
[e]
No parking area is developed or maintained within five feet of any lot line.
[f]
At least 400 square feet of usable open space is provided on the site for each dwelling unit for play area and other outdoor living uses. The developer shall provide a suitably improved playground/play area. Each such playground/play area shall have a minimum area of 1,200 square feet and a maximum distance of 1,000 feet from the units to be served.
[g]
In addition to the above, the developer shall also set aside 10% of the site for the provision of park and/or recreational facilities. If the provision of such facilities is impractical because of the particular layout of the development or for other reasons, a recreation fee of $4,000 per unit shall be submitted prior to approval of the application.
(5)
(7)
CRC Commercial Regional Center District.
(b)
Permitted accessory uses shall be as follows:
[1]
Accessory dwelling unit for the owner, operator or janitor as living quarters, provided that such unit is located in the main building.
[2]
Signs as approved on a master signage plan developed in connection with the approved site plan, as provided in § 300-193.14.
[Amended 1-8-2013 by L.L. No. 2-2013]
[3]
Radio, television and other electronic transmission stations or towers, including wireless telecommunications facilities, subject to a special permit in accordance with the provisions of Article VII.
[4]
Electric vehicle charging stations.
[Added 4-19-2022 by L.L. No. 4-2022]
(8)
C-1 Commercial Shopping Center District.
(a)
Permitted main uses shall be as follows:
[1]
Stores or shops for the conduct of retail business, bank, post office, restaurant and other places serving food and beverages, professional and business offices, and personal service establishments, including the grooming of house pets, except that no use shall be permitted where any part of the service is conducted outside the premises unless a special use permit has been issued by the Planning Board after due notice and public hearing.
[2]
Governmental building and use.
[3]
Off-street parking area (not including any area for outdoor display or storage of any motor vehicle).
[4]
Indoor recreation facilities as part of a larger commercial development and which does not exceed 35% of the total usable floor area.
[5]
Parks, parkways.
[6]
Nurseries and garden centers.
[7]
Movie theaters.
[8]
Health clubs.
(b)
Main uses permitted by special permit shall be as follows:
[1]
Hospitals.
[4]
Places of religious worship, convents and rectories.
[5]
Social, cultural and recreational uses serving a community need or convenience and not including any activity carried on primarily for profit.
[6]
Religious, charitable and eleemosynary institutions, as defined herein.
[7]
Telephone exchange buildings.
(c)
Permitted accessory uses shall be as follows:
[1]
Off-street loading areas.
[2]
Signs as approved on the site plan.
[3]
Radio, television and other electronic transmission stations or towers, including wireless telecommunications facilities, subject to a special permit in accordance with the provisions of Article VII.
[4]
One accessory dwelling unit for each establishment for owner, operator or janitor living quarters, provided that such unit is located in a main building and that each site is limited to one such dwelling.
[5]
Outdoor vending machines not exceeding 150 cubic feet in size, provided that there shall be not more than two machines per lot on site and that each machine shall abut the front, side or rear walls of an existing structure.
[6]
Electric vehicle charging stations.
[Added 4-19-2022 by L.L. No. 4-2022]
(9)
C-2 Commercial Hamlet Center District.
(a)
Permitted main uses shall be as follows:
(c)
Permitted accessory uses shall be as follows:
[1]
Signs pertaining to a permitted use conducted on the lot where such signs are displayed, provided that such signs meet the requirements of Article XX.
[2]
Any accessory building or use incident to a permitted use, except as elsewhere limited by this chapter, and temporary buildings in accordance with § 300-19.
[3]
Off-street loading areas.
[4]
Outdoor vending machines not exceeding 150 cubic feet in size, provided that there shall be not more than two machines per lot on site and that each machine shall abut the front, side or rear walls of an existing structure.
[5]
Radio, television and other electronic transmission stations or towers, including wireless telecommunications facilities, subject to a special permit in accordance with the provisions of Article VII.
[6]
One accessory dwelling unit for each establishment for owner, operator or janitor living quarters, provided that such unit is located in a main building and that each site is limited to one such dwelling.
(10)
(11)
CR Commercial Recreation Districts.
(a)
Permitted main uses shall be as follows:
[1]
Archery, miniature golf, trampoline, ball fields or other similar outdoor recreation facilities and picnic facilities.
[2]
Private or commercial beaches, docks or bathhouses.
[4]
Eating places, restaurants and other places serving food and beverages, including drive-in car-service stands and any outdoor service.
[5]
Dwelling units, provided that such units are developed in conjunction with a permitted use and located in the same building and conform to the minimum dwelling unit size required by this chapter for R-3 Districts.
[7]
Par-three golf courses fronting on U.S. Highway Nos. 202 and 6, in accordance with the provisions of § 300-70.
[8]
Golf driving ranges and miniature golf courses.
[9]
Governmental building and use.
[10]
Health clubs.
[11]
Indoor recreation facilities.
(b)
Main uses permitted by special permit shall be as follows:
[1]
Bus passenger shelters and public telephone booths.
[2]
Retail sales, repair, rental and service of recreational, garden and home improvement items under the provisions of and in accordance with the standards set forth in § 300-73.
[4]
Drive-in car-service stands and any drive-through outdoor service.
[6]
Places of religious worship, convents and rectories.
(c)
Permitted accessory uses shall be as follows:
[1]
Private garages for not more than two passenger vehicles and two commercial vehicles.
[2]
Signs pertaining to a permitted use conducted on the lot where such signs are displayed, provided that such signs meet the requirements of Article XX.
[3]
Any other accessory building or use customarily incident to a permitted use, except as otherwise limited by the provisions of this chapter.
[4]
Off-street parking and loading areas.
[5]
Radio, television and other electronic transmission stations or towers, including wireless telecommunications facilities, subject to a special permit in accordance with the provisions of Article VII.
[6]
One accessory dwelling unit for each establishment for owner, operator or janitor living quarters, provided that such unit is located in a main building and that each site is limited to one such dwelling.
[7]
Outdoor vending machines not exceeding 150 cubic feet in size, provided that there shall be not more than two machines per lot on site and that each machine shall abut the front, side or rear walls of an existing structure.
(12)
C-3 Commercial Limited District.
(a)
Permitted main uses shall be as follows:
[1]
The same main uses as for the C-2 District.
[2]
The same special uses as for the C-2 District, except that no special permit need be obtained for any such use.
[3]
Wholesale and storage uses conducted entirely within a building, except that self-storage buildings are not permitted.
[4]
Preparation or manufacture of goods or products for retail sale on the premises if not more than 10 persons are employed in such preparation at any one time.
[5]
Nurseries and garden centers.
(b)
Main uses permitted by special permit shall be as follows:
[1]
Drive-in theaters.
[2]
Motel or automobile courts or hotels; special permit to be granted by the Planning Board.
[3]
Transportation terminal and product transfer facilities.
[4]
Exterior storage yards.
(13)
C-4 Commercial General District.
(a)
Permitted main uses shall be as follows:
[1]
The same main uses as for C-3 District.
[2]
Bottling works, dry-cleaning and dyeing establishments, frozen food lockers, ice cream plants, laundries, motion-picture or other theaters, except drive-in theaters, and veterinary hospitals.
[3]
Any business similar to those above, but not including any use which would be a nuisance to surrounding property because of the emission of smoke, odor or other atmospheric pollutant or excessive noise, vibration or light.
[4]
Public garages, provided that no outdoor storage (except vehicles) shall be permitted.
[5]
Cabinetmaking, woodworking or carpenter shops; heating, plumbing, ventilating or air-conditioning supply shops; printing, bookbinding or electrical shop; tinsmith or sheet metal shop; or similar commercial service not primarily industrial or manufacturing in nature, but not including any lumberyards or builders' supply yards.
[6]
The business of designing, assembling, packaging, engraving, and/or shipping of various electromechanical components, automated equipment, related cabling, as well as mechanical parts and enclosures where the business is to be conducted in an existing building.
[Added 2-16-2016 by L.L. No. 3-2016]
(b)
Main uses permitted by special permit shall be as follows:
(14)
OB Research Laboratory and Office District.
(15)
O Office District.
(a)
Permitted main uses shall be as follows:
[1]
Professional and business offices, post offices, and banks.
[2]
Social, cultural and recreational uses serving a community need or convenience and not including any activity carried on primarily for profit, provided that it conforms to the standards set forth in § 300-54.
[3]
Health clubs, dance instruction academies, aerobic instruction, martial arts instruction or other similar uses, provided that assembly rooms for performances are not allowed.
[4]
Governmental building and use.
[5]
Furniture showrooms.
(c)
Permitted accessory uses shall be as follows:
[1]
Signs pertaining to a permitted use conducted on the lot where such signs are displayed, provided that such signs meet the requirements of Article XX.
[2]
Any accessory building or use incident to a permitted use, except as elsewhere limited by this chapter, and temporary buildings in accordance with § 300-19.
[3]
Off-street loading areas.
[4]
Radio, television and other electronic transmission stations or towers, including wireless telecommunications facilities, subject to a special permit in accordance with the provisions of Article VII.
[5]
One accessory dwelling unit for each establishment for owner, operator or janitor living quarters, provided that such unit is located in a main building and that each site is limited to one such dwelling.
(16)
I-1 Light Industrial Park District.
(a)
Permitted main uses shall be as follows:
[2]
The same main uses as specified by Subsection C(11)(a)[1] and [11] in the CR District.
[Amended 6-5-2012 by L.L. No. 4-2012]
(b)
Main uses permitted by special permit shall be as follows:
[1]
The same special uses as specified by Subsection C(1)(b)[12], [14]; and [16] in the R1 District.
(17)
I-2 Planned Light Industrial District.
(a)
Permitted main uses shall be as follows:
[1]
The same special uses as specified by C(1)(b)[11] in the R1 District, except that no special permit need be obtained for any such use.
[2]
Transportation terminals and product transfer facilities.
[3]
Light industrial uses.
[a]
Any light industrial or manufacturing use listed under the provisions of Subsection C(17)(a)[3][b] below, including fabrication, processing, converting, altering, assembly or other handling of products using electrical power or an internal combustion engine, which does not normally cause or result in any dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building in which the use is conducted, nor menace by reason of fire, explosion or other physical hazard, nor harmful discharge of waste material, nor unusual traffic hazard or congestion due to the type and amount of vehicles required. Also, any recreational use listed under the provisions of Subsection C(17)(a)[3][b] below.
[b]
The Town Board shall establish and from time to time revise a list of uses conforming to the standards specified in Subsection C(17)(a)[3][a] above, including any conditions to which such uses should be subject in order to assure continued conformity to the purposes of this district.
[4]
Public garage, provided that no outdoor storage (except vehicles) shall be permitted.
[5]
List of uses established under Subsection C(17)(a)[3][b] above:
[6]
Buildings for staging special events such as birthday parties, company holiday receptions, family gatherings and similar events. Food shall not be prepared on site. Food and beverages may be served and sold to invitees during special events, but retail sales of food or beverages are prohibited.
[Amended 5-7-2013 by L.L. No. 6-2013]
(b)
Main uses permitted by special permit shall be as follows:
[1]
The same special uses as specified by Subsections C(1)(b)[12] and [14] in the R1 District; by Subsection C(12)(b)[3] and [4] in the C-3 District; by Subsection C(13)(b)[2] and [7] in the C-4 District; by Subsection C(16)(b)[4] in the I-1 District.
(18)
(19)
CC Country Commercial District.
(a)
Permitted main uses shall be as follows, as provided in Article XXIX:
[1]
Stores or shops for the conduct of retail and service retail businesses, excluding dry cleaners, laundromats and automotive-related uses.
[2]
Stores or shops for the sale of crafts, such as jewelry, glass, or ceramics, or antiques with associated workshops, where workshops shall be limited to a maximum of 2,000 square feet and be accessory to the main retail use.
[3]
Apartments above first-floor commercial uses.
[4]
Banks, excluding drive-up windows.
[5]
Restaurants and other places serving food and beverages, excluding drive-in or drive-through facilities.
[6]
Offices, professional offices, medical offices and government offices.
[1]
Editor's Note: See also Appendix A, Residence Zone Standards, and Appendix B, Business Zone Standards.
§ 300-22 Flexibility standards.
A.
It is the intention of the Town Board to encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of lands and to preserve the natural and scenic qualities of open land.
B.
In all cases where this chapter provides that plans of development shall be approved by the Planning Board, it may, pursuant to its stated purposes, vary the zoning requirements as to lot frontage, side yard requirements, front and rear yard requirements, maximum allowable coverage, parking regulations, building heights and all bulk regulations in connection with a specific plan of residential development on a specific parcel of land in a residential district, subject to the following conditions:
[Amended 7-5-1994 by L.L. No. 21-1994]
(1)
The Town Board has by resolution authorized the Planning Board to so vary the zoning requirements.
(2)
Written application by an owner or agent for the use of these flexibility standards shall be made to the Town Board, together with a plan of development prepared by a licensed architect, landscape architect or site engineer. Said application shall include a written proposal outlining, in general terms, the concept of development, the types of variances required and study indicating the rationale for the request.
C.
In varying the zoning requirements hereinabove described, the following standards shall be observed:
[Amended 11-14-1987 by L.L. No. 32-1987; 7-5-1994 by L.L. No. 21-1994]
(1)
In multifamily districts, including R-2A, R-3 and RSP-1 Districts, under the same standards of density and development permitted by this chapter, the Planning Board, after obtaining a resolution of authorization from the Town Board, may approve cohesive development of individual or multiple sites to allow row houses (townhouses, patio houses, etc.) of not more than three stories and to allow apartments for either rental, sale, cooperative or condominium use, to a height of not more than six stories. These standards may be applied, provided that the open land resulting from such provision is reserved in open space, and, further, provided that the total plan of development (including the architectural treatment of the buildings, building locations, parking layout, provisions for developed usable open space, parking egress and ingress and appurtenant facilities proposed) is constructed in accordance with a site development plan approved by the Planning Board.
(2)
The application of this procedure shall result in a permitted number of building plots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements of this chapter applicable to the district or districts in which such land is situated and conforming to all other applicable requirements.
D.
Money in lieu of the setting aside of land suitable for recreation purposes in condominium and cooperative apartment developments.
[Added 12-19-1989 by L.L. No. 26-1989]
(1)
For any development which contemplates the construction of condominium and cooperative apartments, thereby requiring only site plan approval and not requiring subdivision approval, and for any planned conversions from rental apartments to condominium and/or cooperative apartments, the following shall be required: Within the site to be developed, there shall be set aside at least 10% of the site for the purpose of providing land suitable for recreation purposes. If the setting aside of 10% of the site for such purposes is not practicable because of the particular layout of the development or that the land to be set aside is not suitable for recreation purposes or for other reasons, a recreation fee as set forth in § 168-1, Master Fee Schedule for Land Development Applications and Permits, shall be paid to a fund whose use shall be limited to the acquisition and/or improvement of recreation land and/or parks that will benefit, although not exclusively, the residents of the development.
[Amended 11-21-2006 by L.L. No. 15-2006; 10-5-2010 by L.L. No. 9-2010]
(2)
Applicability.
(a)
The provisions of this section shall be enforceable at the time of site plan approval against those tracts of land proposed to be developed for condominium and/or cooperative apartments, and therefore contemplate the division of the development into individual ownership via fee ownership of a unit or a proprietary lease. This section shall therefore apply to all such residential site plans contemplating condominium and/or cooperative apartment development and, therefore, is intended to supersede any and all inconsistent provisions and/or language as contained in § 274-a of the New York State Town Law.
(b)
This section shall also apply to any site plan which proposes conversion from rental apartments to condominium and/or cooperative apartments.
(c)
This section shall not apply to any developments for which a recreation fee has already been received (e.g., conversion from condominium and/or cooperative units to a fee simple subdivision or conversion from cooperative ownership to condominium form of ownership). Furthermore, this section shall not apply to the creation or development of rental units so long as no permanent ownership interest is granted with the lease.
(d)
This section does not change any of the requirements under the subdivision regulations which may require a fee in lieu of the setting aside of land for recreational purposes, except for the instance where a tract of land approved for development under this section for which a recreation fee has been received is subsequently processed as a subdivision; in such instances credit must be given to any contribution made under this section.