Yorktown City Zoning Code
ARTICLE VI
Urban Renewal Area
§ 300-23 Use and bulk regulations.
The following use and bulk regulations list and define the use of land and buildings, the density of development, the height of buildings, the yards and other open spaces to be provided contiguous to or in connection with buildings, the area of lots, off-street parking and loading spaces and other matters for the districts established by this chapter in areas being redeveloped as part of an approved urban renewal project for the Town. It is the intention that these standards shall be applied to proposals submitted to the Town for approval as conditions of reuse of urban renewal land under appropriate covenants of sale of said land to designated sponsors. In the event that any provision of this article shall be inconsistent or conflict with the other provisions of this chapter, the provisions of this article shall prevail and be complied with. All other regulations contained in this chapter shall be complied with.
§ 300-24 Permitted land uses.
A.
R-3A Residential Medium-Density (within CBD) District. Permitted land uses designated "residential medium-density" shall be for housing units, including townhouses and/or garden apartments, along with accessory uses such as pedestrian walkways, small play lots, landscaping and off-street parking and loading facilities necessary to serve the proposed new uses. Also permitted in such designated areas shall be residential uses as they presently exist within areas delineated as not to be acquired, subject to meeting the requirements of the minimum property rehabilitation standards contained herein.
B.
C-2A Commercial (within CBD) District. Permitted land uses designated "commercial" shall be retail sales, personal or business service establishments, professional or business offices, restaurants and other places serving food or drink, theaters, banks and gasoline service stations (except that no major body or motor repair operations will be permitted). Also permitted in such designated areas shall be commercial and mixed uses of commercial and residential as they presently exist within areas delineated as not to be acquired and subject to meeting the requirements of the minimum property rehabilitation standards contained herein.
(1)
In areas proposed for new development and designated commercial, residential uses shall not be permitted. In the event that new development shall take place on not-to-be-acquired land within areas designated commercial, residential uses shall also not be permitted. Landscaping and off-street parking and loading facilities shall be permitted as necessary to serve proposed and remaining existing uses. In specific areas where new development is restricted due to parcel size or location, a primary use for off-street parking shall be permitted as specified by the local public agency.
(2)
In addition, public and semipublic facilities shall be permitted in such designated areas to supplement the proposed new uses and provide for the Town's civic and governmental needs. Such uses shall include, but not be limited to, off-street parking, pedestrian plazas or malls, a library, offices and other public or semipublic organizations.
C.
C-3A Heavy Commercial (within CBD) District. Permitted land uses designated "heavy commercial" shall be heavy commercial and light-industrial uses, including auto repair, manufacturing, auto sales, trucking, wholesaling, supply businesses dealing with garden materials, building materials, plumbing, electrical, etc., uses and other related uses. Also permitted shall be accessory uses such as landscaping and off-street parking and loading facilities necessary to serve the proposed new uses.
D.
Public park and/or open space. Permitted land uses designated "public park" and/or "open space" shall be parks or open landscaped areas with trees, shrubs, ground cover, pedestrian walks, benches and other appurtenant furniture or accessories to serve the Town center. Also permitted shall be a landscaped strip of land to provide the required right-of-way for a proposed state highway which will bisect the project area.
E.
Prohibited land uses. No land or buildings within reuse areas shall be used for hotels, motels or other such housing for transient use.
F.
Mixed uses C-2A-R (within CBD) District. Permitted land uses designated "mixed uses" shall be retail sales, personal or business service establishments, professional or business offices and banks, restaurants or other places serving food are permitted except only in structures not including dwelling units.
[Added 7-20-1982 by L.L. 9-1982]
§ 300-25 Real property acquired for redevelopment.
A.
Residential, medium-density. The following regulations shall apply to any reuse parcel designated "residential" on Map No. 2, Land Use Map:
(1)
Land coverage. The maximum coverage of land by buildings shall not exceed 30% of the site area.
(2)
Building height. The maximum building height shall not exceed 3 1/2 stories or 35 feet.
(3)
Building setback. The minimum setback of buildings from public rights-of-way shall be 30 feet. Attached buildings shall have a minimum of a thirty-foot setback from side and rear property lines. Semidetached or detached buildings shall have a minimum of a twenty-foot setback from side and rear property lines. For sites abutting the landscaped strip of open space reserved for the proposed state highway, the minimum setback of buildings regardless of their orientation on the site shall be 30 feet from the limits of the open space.
(4)
Density. The maximum permitted density shall not exceed 20 dwelling units per acre.
B.
Commercial.
(1)
The following regulations shall apply to any reuse parcel designated "commercial" on Map No. 2, Land Use Map:
(a)
Land coverage. The maximum coverage of land by buildings shall not exceed 40% of the site area.
(b)
Building height. The maximum building height shall not exceed three stories or 36 feet.
(c)
Building setback. The minimum setback of buildings from public rights-of-way shall be 10 feet. In the case of new buildings to be constructed adjacent to existing not-to-be-acquired buildings, the required setback from right-of-way lines in common to both shall not be in excess of the existing buildings within 25 feet of the proposed building on each side thereof. For sites abutting the proposed state highway, the minimum setback of buildings, regardless of their orientation on the site, shall be 50 feet from the limits of the highway right-of-way. No side setbacks from abutting properties shall be required. If a side yard is proposed, there shall be required a minimum of 10 feet for open space, 17 feet for one-way vehicular access and 25 feet for two-way vehicular access.
(2)
The regulations of land coverage, building height and building setbacks shall not apply to existing buildings on not-to-be-acquired land. If new development is to occur on not-to-be-acquired property, then the above-mentioned regulations shall be required as set forth above.
C.
Public and semipublic. The following regulations shall apply to any reuse parcels designated "commercial" and developed for public and semipublic use on Map No. 2, Land Use Map:
(1)
Land coverage. The maximum coverage of land by buildings shall not exceed 40% of the site area.
(2)
Building height. The maximum building height shall not exceed three stories or 35 feet.
(3)
Building setback. The minimum setback of buildings from public rights-of-way shall be 10 feet. In the case of new buildings to be constructed adjacent to existing not-to-be-acquired buildings, the required setback from right-of-way lines in common to both shall not be in excess of the existing buildings within 25 feet of the proposed building on each side thereof.
D.
Heavy commercial. The following regulations shall apply to any reuse parcel designated "heavy commercial" on Map No. 2, Land Use Map:
(1)
Land coverage. The maximum coverage of land by buildings shall not exceed 50% of the site area.
(2)
Building height. The maximum building height shall not exceed three stories or 35 feet.
(3)
Building setbacks. The minimum setback of buildings from public rights-of-way shall be 15 feet. Side yards shall not be required, but, if provided, shall be 10 feet; if used for vehicular access, side yards shall be 25 feet. Minimum rear yard shall be 30 feet; if adjoining residential use with less than a ten-foot difference in elevation, side yards shall be shall be 50 feet.
E.
Mixed uses. The following regulations shall apply to any reuse parcel designated "mixed use":
[Added 7-20-1982 by L.L. No. 9-1982]
(1)
Land coverage. The maximum coverage of land shall not exceed 30% of the site area.
(2)
Building height. The maximum building height shall not exceed 3 1/2 stories or 35 feet.
(3)
Building setback. The minimum setback for the portion of a building or buildings, including dwelling units from public rights-of-way, shall be 30 feet for all other buildings 10 feet. If dwelling units are located on upper floors only, the setback can be reduced to 20 feet. The minimum side and rear yard for the portion of a building or buildings, including dwelling units, shall be 20 feet. For all other buildings, no side yard is required, and the rear yard shall be 20 feet. If a side yard is proposed, it shall be a minimum of 10 feet for open space, 17 feet for one-way vehicles access and 25 feet for two-way vehicular access. The distances between detached buildings on the site will be established during the site and building plan review.
(4)
Density. The maximum permitted density shall not exceed 12 units/acre.
(5)
Floor area ratio. Floor-area ratio shall not exceed 0.4.
(6)
Upon findings by the Board that a site plan submitted, including the architectural treatment of the buildings, building location, parking layout, provisions for developed usable open space, parking egress and ingress will achieve a development that is consistent with the goals of the Urban Renewal Project and the CBD Beautification Plan and that said plan is harmonious with the existing and proposed development in the surrounding area, the Board may approve a mixed use site plan with building setbacks that are less than as stated in Subsection E(3) of this section.
[Added 3-15-1983 by L.L. No. 6-1983]
§ 300-26 Off-street parking requirements for new and existing development.
A.
Off-street parking requirements for new and existing development shall be as follows:
Type of Use | Required Number of Spaces | ||
|---|---|---|---|
Medium-density residential | |||
Townhouse, garden apartment | 1 1/2 for each dwelling unit, located on the same lot or parcel of land as the building they are intended to serve | ||
Commercial | |||
Retail sales, personal or business service establishments | 1 for each 200 square feet of gross floor area | ||
Professional office | 2 for each office or 1 for each 400 square feet of gross floor area, whichever is greater | ||
Restaurant | 1 for each 100 square feet of floor area devoted to patron use | ||
Auditoriums, assembly halls, theaters or other places of public assembly | 1 for every 5 seats | ||
All other permitted uses (including public and semipublic uses) | To be determined in each case by the Planning Board and the local public agency, which shall consider all factors entering into the parking needs of each such use | ||
(NOTE: The location of off-street parking facilities may be on any part of the same lot or parcel as the building they are intended to serve or on another lot which shall be within 350 feet of the building they are intended to serve, measured between the nearest point of the off-street parking facility and the nearest point of the building.) | |||
Heavy commercial | |||
Wholesale, trucking, manufacturing, storage, utility or commercial use | 1 for every 2 employees, but in no case fewer than 3 | ||
Garage or automobile repair | At least 10, in addition to 1 for every 2 employees per shift | ||
(NOTE: Each required parking space shall have a minimum of 350 square feet of unobstructed net standing, maneuvering and access area. Access to parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street. Exits and entrances from surrounding streets shall be not less than 100 feet from any street intersection. Parking areas shall be adequately drained and paved with an all-weather, dust-free surface. Lighting used to illuminate parking areas shall be arranged so as to reflect light away from any adjoining parcel. Open parking areas for more than five cars shall be landscaped with trees and shrubs provided along the boundaries of such areas.) | |||
Mixed use district [Added 7-20-1982 by L.L. No. 9-1982] | |||
Residential | 1 for each dwelling unit | ||
Commercial | 1 for each 200 square feet of gross floor area | ||
Offices | 2 for each office or 1 for each 400 square feet of office use | ||
Restaurant | 1 for each 100 square feet of floor area devoted to patron use | ||
B.
The above parking requirements may be varied by the Zoning Board of Appeals upon a hearing on notice to interested parties. The Zoning Board of Appeals may vary the parking requirement upon the following findings. That the proposed and existing uses are such that:
[Added 6-15-1999 by L.L. No. 8-1999]
(1)
There will be no adverse impacts to the surrounding community or business.
(2)
Due to the peak hours of operation for businesses or uses on the site, available parking will be available for the existing or proposed uses.
(3)
Parking is available for actual uses on sites adjacent to or proximate to the buildings and uses to be served.
(4)
A finding that the site uses may accommodate the requested variance from the parking requirements.
[NOTE: This section is intended to provide for changes in uses on a developed site from those uses requiring less parking to uses requiring additional parking, i.e., from professional office to commercial retail sales, or restaurant use, without requiring the installation of additional parking, so long as there is a finding that the site can accommodate the change in use without a substantial impact on the surrounding community or businesses. In this regard, the Zoning Board of Appeals shall make the above findings and those required under Town Law § 267-b, Subdivision 3, Paragraph (b)(1) through (4)] |
§ 300-27 Off-street loading requirements for new and existing development.
Off-street loading requirements for new and existing development shall be as follows:
Type of Use | Required Number of Loading Berths | |
|---|---|---|
Medium-density residential | ||
Townhouse, garden apartments | 1 for each complex of buildings | |
Public and semipublic commercial | ||
5,000 to 25,0000 square feet of floor area | 1 | |
25,001 to 50,000 square feet of floor area | 2 | |
Each additional 35,000 square feet or fraction thereof | 1 additional | |
Heavy commercial | ||
5,000 to 15,000 square feet of floor area | 1 | |
15,001 to 40,000 square feet of floor area | 2 | |
Each additional 40,000 square feet or fraction thereof | 1 additional | |
A.
All commercial and heavy commercial establishments with less than 5,000 square feet of floor area shall have access to and be serviced by an off-street loading area which may be used in common with the other establishments, with off-street loading berths required in number taken collectively as set forth in the schedule above.
B.
Access to loading berths shall be only from a service drive and shall be provided in a manner to eliminate interference with public use of sidewalks and streets by vehicles loading or unloading. Each loading berth shall be not less than 10 feet in width, 35 feet in length and 14 feet in height. Loading areas shall be adequately drained and paved with an all-weather, dust-free surface and provided with adequate buffering and appurtenant landscaping. Lights used to illuminate loading areas shall be arranged so as to reflect light away from adjoining parcels.