Town/Village of Mount Kisco, NY
Westchester County
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Table of Contents
Table of Contents
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 10-21-1996 by L.L. No. 3-1996; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent.
(1) 
The PD District is intended to preserve natural resources, scenic beauty and other land and community resources whose retention is necessary for the continued maintenance of the quality of the environment. Land in this category is either considered unsuitable for development because of flood susceptibility, wetlands or steep slopes or it is presently utilized for park or open space uses.
(2) 
Park facilities, beautification and/or preservation efforts are consistent with this district's purpose.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses.
(b) 
Natural open space areas and uses designed for environmental or ecological preservation.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(2) 
Special permit uses.
(a) 
Golf courses and country clubs, including recreational facilities and buildings accessory thereto, subject to the following conditions:
[1] 
Minimum lot size shall be 25 acres.
[2] 
No building, parking or loading area shall be nearer than 100 feet to any street or lot line.
(b) 
Cemeteries, including expansions of existing cemeteries, provided that no graves or structures shall be permitted within 25 feet of any lot line.
(c) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter and further subject to the following requirements specific to this particular district:
[Added 11-19-2018 by L.L. No. 6-2018]
[1] 
The parcel upon which the use is sited shall have frontage and access on a county or state road.
[2] 
No panels, arrays, or other facilities or structures shall be permitted within 25 feet of any lot line.
[3] 
Adverse visual and aesthetic impacts shall be minimized to the maximum extent practicable through careful design, siting, landscaping, screening and other camouflaging techniques.
[4] 
Due consideration shall be given to protect the natural resources, wildlife, environmental features, physical appearance of the Town and preserve the site's scenic and natural beauty.
[5] 
Given the underlying purpose and intent of the Preservation District, coupled with its abundance of wetlands, wildlife habitats and other ecologically and environmentally sensitive conditions, due consideration shall also be given to preserving and enhancing the wildlife habitat. Measures designed to create or promote wildlife and wetland corridors for existing animal populations shall be incorporated. Such initiatives shall include fencing designs between and through properties that facilitate animal movements under or through the fencing, elimination of existing barriers, protection and/or expansion of native vegetation that offers food, shelter and protection of the wildlife populations.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Maintenance, security or utility structures serving the specific needs of the development.
(c) 
Recreation buildings or uses serving the specific needs of the development, excluding indoor tennis buildings, air-supported structures or other such large recreation buildings.
(d) 
Living facilities for management, maintenance or security personnel.
(e) 
Indoor storage facilities incidental to the principal use.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other accessory uses that are incidental to the principal use on the site.
C. 
Development regulations. Each site in the PD District shall be subject to the following development regulations:
(1) 
Maximum height of principal structure: 25 feet.
(2) 
Minimum building setback:
(a) 
Front: 50 feet.
(b) 
Rear: 50 feet.
(c) 
Side: 25 feet.
[Amended 6-6-1988 by L.L. No. 2-1988; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The CD District is intended to permit single-family residential development at relatively low densities, consistent with the long-range planning objectives of the Village, which development is designed to maintain, preserve and enhance the natural and man-made environment of the lands within and adjacent to the district. In adopting this district, the Village Board of the Village of Mount Kisco declares its intent to encourage well-planned residential site development by establishing flexible zoning controls that are designed to assure maximum conservation and efficient utilization of land.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Other uses existing on the effective date of this chapter.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(b) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Customary home gardens.
(d) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(e) 
The keeping of horses, provided that a minimum of three acres of suitably designed land is available for each such animal, and further provided that no structure in which such animals are kept and no storage of odor-producing or dust-producing substances shall be located within 250 feet of any residential structure or lot line.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) and (g) as Subsection B(3)(g) and (h).
(g) 
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use, and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
(h) 
Additional customary accessory uses incidental to residential developments, such as:
[1] 
Living facilities for the management, maintenance or security personnel of the development. These living facilities shall be included in the total dwelling unit count for the development.
[2] 
Maintenance, security or utility structures serving the specific needs of the development.
[3] 
Recreation buildings or uses serving the specific needs of the development, excluding indoor tennis buildings, air-supported structures or other such large recreation buildings.
C. 
Development regulations.
(1) 
Site and lot regulations for detached one-family dwellings.
(a) 
Site regulations:
[1] 
Minimum site area: 25 acres.
[2] 
Maximum density: 1.0 dwelling per 1.25 acres of net lot area.
[3] 
Buffers:
From
Distance
(feet)
Major street
200
Street
100
Public or quasi-public recreation use
200
Property line
100
[4] 
Minimum open space area: 35% of the gross site area shall be designated as open space and comply with the provisions listed in § 110-7C(1)(c). Open space shall not include the area covered by any buildings or other impervious surfaces, including roadways. Such open space shall be substantially contiguous and may include wetlands, steep slopes, and buffers of at least 100 feet in depth.
(b) 
Lot regulations:
[1] 
Minimum net lot area: 15,000 square feet.
[2] 
Maximum building coverage: 20%.
[3] 
Maximum development coverage: 35%.
[4] 
Minimum lot width: 100 feet.
[5] 
Minimum building setback:
[a] 
Front: 30 feet.
[b] 
Side: 20 feet.
[c] 
Rear: 50 feet.
[6] 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(c) 
Additional regulations.
[1] 
Each lot containing a one-family dwelling shall be held in fee simple ownership.
[2] 
Principal ingress and egress directly to a major street shall be provided. Secondary access to other roads shall be permitted, provided that said access is utilized primarily for emergency purposes and not for access or egress to the principal use or the site.
[3] 
The Planning Board may modify the required right-of-way and pavement widths for private roads serving the development if, on the basis of sound planning and engineering standards, it determines that the proposed widths are adequate and sufficient in size, location and design to accommodate the traffic, parking and loading needs of the proposed development and to provide adequate access for fire-fighting equipment and police or emergency vehicles.
[4] 
Buffers shall be designed to effectively limit the visibility of the development from surrounding uses and shall principally include areas left substantially in their natural state, although the Planning Board may require that portions of said buffer areas be landscaped with grass, trees, shrubs or other ground cover or treatment to effectively limit the visibility of the development from surrounding areas. No parking, loading or buildings shall be permitted in said buffer areas, with the exception of preexisting buildings; a gate or security house of not greater than 125 square feet in floor area and 15 feet in height; and required utility structures designed to service the proposed development. Any new accessory structure located in a buffer area shall be permitted upon approval of the Planning Board. The minimum depth of said buffer area may be reduced by the Planning Board under site plan approval where the uses on each side of a common property line are generally similar in nature, but in no event shall such reduction exceed 50% of the hereinbefore mentioned buffer area depth.
[5] 
Significant ecological features, such as trees and stands of trees of significant size or character, streams and wetlands, shall be preserved and incorporated into the landscaping of the development to the maximum extent possible.
[6] 
Significant topographical features, such as steep slopes and large rock outcrops, shall be preserved, except where, in the judgment of the Planning Board, their alteration is necessary to achieve a satisfactory site plan.
[7] 
All utilities shall be installed underground or within buildings. Plans for water and sewer service shall be subject to approval by the Village Engineer. On-site drainage facilities shall be provided so as to minimize off-site flooding. Said drainage facilities shall also be subject to approval by the Village Engineer.
[8] 
If development is planned in stages, the Planning Board shall review and, if acceptable, approve the overall plan, as well as each stage, to assure that the staged development meets good planning and engineering standards.
[9] 
Open space.
[a] 
The development shall result in the preservation of open space having meaningful scenic, ecological and/or recreational characteristics, with its location, access, shape and dimensions suitable, in the judgment of the Planning Board, for the intended purposes.
[b] 
The preservation of such open space shall be permanently assured by means of the filing of covenants and restrictions and/or scenic easements on the land. In addition, such land shall be conveyed to one of the following:
[i] 
A private land trust that assures the permanent preservation of such land as open space; or
[ii] 
An association of all property owners within the development, established in accordance with applicable law.
[c] 
All legal agreements and documents pertaining to the establishment of any trust or association and to the preservation and protection of all open space shall be subject to approval by the Village Board of the Village of Mount Kisco. The Village may require any additional conditions, agreements or documents which it deems necessary to ensure the completion of all improvements, the establishment of and continuity of the trust or association and the preservation and protection of all open space.
(2) 
Lot regulations for places of worship, including parish houses, rectories and the like and also including religious schools.
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 35%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(3) 
Lot regulations for places of Tier 3 solar energy facilities.
[Added 11-19-2018 by L.L. No. 6-2018]
(a) 
Minimum lot area and site requirements: 25 acres parcel having frontage and access on a county or state road.
(b) 
Maximum building coverage: 1% of net lot area, and in no event shall building area exceed the minimum space necessary for battery/solar equipment storage.
(c) 
Maximum development coverage: 35%.
(d) 
Minimum building setbacks.
[1] 
Front: 200 feet.
[2] 
Side: 200 feet.
[3] 
Rear: 200 feet.
(e) 
Minimum buffers:
From
Distance
(feet)
Street
200
Property line
200
(f) 
Minimum open space area: 35% of the gross site area shall be designated as open space and comply with the provisions listed in § 110-7C(1)(c)(2) through (8). Open space shall not include the area covered by any buildings or other impervious surfaces, including roadways. Such open space shall be substantially contiguous and may include wetlands, steep slopes, and buffers of at least 100 feet in depth.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 10-21-1996 by L.L. No. 3-1996; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RS-12 District is intended to provide for low-density single-family residential neighborhood development at a density not to exceed approximately three dwelling units per acre.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Each site in the RS-12 District shall be subject to the following development regulations:
(a) 
Minimum net lot area: 12,500 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area (square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum development coverage: 40%.
(d) 
Minimum lot width: 100 feet.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear: 30 feet.
[3] 
Side: 15 feet.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Notwithstanding § 110-8C(1), the lot regulations for places of religious worship, including parish houses, rectories and the like and also including religious schools, shall be:
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 40%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RS-9 District is intended to provide for single-family residential neighborhoods at a density not to exceed approximately four dwelling units per acre.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(2) 
Special permit uses.
(a) 
Catering establishments, provided that:
[1] 
The site has a gross lot area of not less than five acres.
[2] 
The site has direct vehicular ingress from and egress to a major street.
[3] 
The premises are used for not more than one event at a time in the principal catering room.
[4] 
Food prepared on the premises is served only on the premises.
[5] 
Adequate parking in the judgment of the Planning Board, in accordance with § 110-28 of this chapter, is provided on the lot on which the principal catering room is located.
[6] 
The following buffers are provided on the site:
[a] 
Front: 200 feet.
[b] 
Side: 50 feet.
[c] 
Rear: 50 feet.
[7] 
The other development regulations in § 110-9C(1) are met.
[8] 
No outdoor activity be permitted within 100 feet of the buffer area.
[9] 
No amplified sound be permitted outside the principal building.
(b) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Each site in the RS-9 District shall be subject to the following development regulations:
(a) 
Minimum net lot area: 9,375 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area (square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum development coverage: 40%.
(d) 
Minimum lot width: 75 feet.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear:
[a] 
Thirty feet for lots with a depth of 125 feet or greater.
[b] 
For lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet.
[3] 
Side: 10 feet.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Notwithstanding § 110-9C(1), the lot regulations for places of religious worship, including parish houses, rectories and the like and also including religious schools, shall be:
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 40%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RS-6 District is intended to provide single-family residential neighborhoods at a density not to exceed approximately six dwelling units per acre.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Each site in the RS-6 District shall be subject to the following development regulations:
(a) 
Minimum net lot area: 6,250 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area(square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum development coverage: 40%.
(d) 
Minimum lot width: 50 feet.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear:
[a] 
Thirty feet for lots with a depth of 125 feet or greater.
[b] 
For lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet.
[3] 
Side:
[Amended 11-18-2008 by L.L. No. 3-2008]
[a] 
For lots 70 feet or greater in width: 10 feet.
[b] 
For lots with a width greater than 60 feet but less than 70 feet: eight feet for one side yard, with a total of 18 feet for both side yards.
[c] 
For lots with a width of less than 60 feet: six feet for one side yard, with a total of 16 feet for both side yards.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Notwithstanding § 110-10C(1), the lot regulations for places of religious worship, including parish houses, rectories and the like and also including religious schools, shall be:
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 40%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RT-6 District is intended to provide for one- and two-family residential development within a neighborhood environment.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(d) 
Detached two-family dwellings, not to exceed one two-family dwelling per lot.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Each site in the RT-6 District shall be subject to the following development regulations:
(a) 
Minimum net lot area: 6,250 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area(square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum development coverage: 40%.
[Amended 11-18-2008 by L.L. No. 3-2008; 4-7-2014 by L.L. No. 2-2014]
(d) 
Minimum lot width: 50 feet.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear:
[a] 
Thirty feet for lots with a depth of 125 feet or greater.
[b] 
For lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet.
[3] 
Side:
[Amended 11-18-2008 by L.L. No. 3-2008]
[a] 
For lots 70 feet or greater in width: 10 feet.
[b] 
For lots with a width greater than 60 feet but less than 70 feet: eight feet for one side yard, with a total of 18 feet for both side yards.
[c] 
For lots with a width of less than 60 feet: six feet for one side yard, with a total of 16 feet for both side yards.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Notwithstanding § 110-11C(1), the lot regulations for places of religious worship, including parish houses, rectories and the like and also including religious schools, shall be:
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 60%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
D. 
Existing commercial uses. Those parcels in the RT-6 District used lawfully and as a matter of right for commercial purposes on October 13, 1987, may continue to be used as if such commercial use were a permitted principal use.
[Amended 11-16-1987 by L.L. No. 11-1987; 2-2-1988 by L.L. No. 1-1988; 4-16-1990 by L.L. No. 4-1990; 1-6-1992 by L.L. No. 2-1992; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 2-20-2001 by L.L. No. 2-2001; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RM-10 District is intended to provide for multifamily development at a moderate density, without precluding one- and two-family dwellings.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
On parcels having a gross site area of 10,000 square feet or more, detached two-family dwellings, not to exceed one two-family dwelling per lot.
(c) 
On parcels having a gross site area of 10,000 square feet or more, townhouses, garden apartments and other multifamily dwellings using a site design technique that concentrates buildings in specific areas to increase open space and preserve natural site features.
(d) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(e) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, churches, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Detached one- and two-family dwellings shall be arranged and comply with the following development standards:
[Amended 11-18-2008 by L.L. No. 3-2008]
Lot and Bulk Category
One-Family Dwellings
Two-Family Dwellings
Minimum net lot area
6,250 square feet
10,000 square feet
Maximum building coverage
Net lot area of (sf):
Less than 5,000
25% of net lot area
25% of net lot area
5,000 to 6,000
1,250 sf, plus 24% of net lot area in excess of 5,000 sf
1,250 sf, plus 24% of net lot area in excess of 5,000 sf
6,000 to 7,000
1,490 sf, plus 23% of net lot area in excess of 6,000 sf
1,490 sf, plus 23% of net lot area in excess of 6,000 sf
7,000 to 8,000
1,720 sf, plus 22% of net lot area in excess of 7,000 sf
1,720 sf, plus 22% of net lot area in excess of 7,000 sf
8,000 to 9,000
1,940 sf, plus 21% of net lot area in excess of 8,000 sf
1,940 sf, plus 21% of net lot area in excess of 8,000 sf
9,000 or more
2,150 sf, plus 20% of net lot area in excess of 9,000 sf
2,150 sf, plus 20% of net lot area in excess of 9,000 sf
Maximum development coverage
40%
50%
Minimum lot width
50 feet
50 feet
Minimum lot depth
100 feet
100 feet
Minimum building setback
  Front
25 feet
  Side
For lots 70 feet or greater in width
10 feet
For lots with a width greater than 60 feet but less than 70 feet
8 feet for one side yard, with a total of 18 feet for both side yards
For lots with a width of less than 60 feet
6 feet for one side yard, with a total of 16 feet for both side yards
  Rear
30 feet for lots with a depth of 125 feet or greater; for lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet
Maximum height of principal structure
2 1/2 stories or 35 feet, whichever is less
(2) 
Townhouses, garden apartments, multifamily uses, recreation uses and public buildings shall be arranged and comply with the following development standards:
(a) 
Minimum gross site area: 10,000 square feet.
(b) 
Minimum net lot area per dwelling unit: 1,500 square feet.
(c) 
Maximum building coverage: 25%.
(d) 
Maximum development coverage: 65%.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum lot width: 100 feet.
(g) 
Minimum building setback:
[1] 
Front: 25 feet.
[2] 
Rear: 30 feet.
[3] 
Side: 25 feet.
(h) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(i) 
Maximum building length: 100 feet.
(j) 
Buffer abutting a nonresidentially zoned lot:
[1] 
Front: 10 feet.
[2] 
Rear: 10 feet.
[3] 
Side: 10 feet.
(k) 
Buffer abutting a residence or residentially zoned lot: 25 feet.
(3) 
Places of religious worship, including parish houses, churches, rectories and the like and also including religious schools, shall be arranged and comply with the following development standards:
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 65%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
D. 
Additional regulations for townhouses, garden apartments and multifamily uses permitted as principal uses.
(1) 
All utilities shall be installed underground or within buildings. Plans for water and sewer service shall be subject to approval by the Village Engineer. On-site drainage facilities shall be provided so as to minimize off-site flooding. Said drainage facilities shall also be subject to approval by the Village Engineer.
(2) 
The Planning Board may modify the required right-of-way and pavement widths for private roads serving the development if, on the basis of sound planning and engineering standards, it determines that the proposed widths are adequate and sufficient in size, location and design to accommodate the traffic, parking and loading needs of the proposed development and to provide adequate access for fire-fighting equipment and police or emergency vehicles.
(3) 
Buffers shall be designed to effectively limit the visibility of the development from surrounding uses and shall principally include areas left substantially in their natural state, although the Planning Board may require that portions of said buffer areas be landscaped with grass, trees, shrubs or other ground cover or treatment to effectively limit the visibility of the development from surrounding areas. No parking, loading or buildings shall be permitted in said buffer areas, with the exception of preexisting buildings; a gate or security house of not greater than 125 square feet in floor area and 15 feet in height; and required utility structures designed to service the proposed development.
[Amended 11-16-1987 by L.L. No. 11-1987; 2-7-1987 by L.L. No. 9-1987; 2-2-1988 by L.L. No. 1-1988; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 3-19-2001 by L.L. No. 4-2001; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RM-12 District is intended to provide medium-density multifamily development, without precluding one- and two-family dwellings.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(d) 
Detached two-family dwellings, not to exceed one two-family dwelling per lot.
(e) 
On parcels having a gross site area of 40,000 square feet or more, townhouses, garden apartments and other multifamily dwellings using a site design technique that concentrates buildings in specific areas to increase open space and preserve natural site features.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(b) 
On parcels having a gross site area of less than 40,000 square feet, townhouses, garden apartments and other multifamily dwellings using a site design technique that concentrates buildings in specific areas to increase open space and preserve natural site features.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Detached one-family and detached two-family dwellings shall comply with the following:
(a) 
Minimum net lot area: 6,250 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area(square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum development coverage: 50%.
[Amended 11-18-2008 by L.L. No. 3-2008]
(d) 
Minimum lot depth: 100 feet.
(e) 
Minimum lot width: 50 feet.
(f) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear:
[a] 
Thirty feet for lots with a depth of 125 feet or greater.
[b] 
For lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet.
[3] 
Side:
[Amended 11-18-2008 by L.L. No. 3-2008]
[a] 
For lots 70 feet or greater in width: 10 feet.
[b] 
For lots with a width greater than 60 feet but less than 70 feet: eight feet for one side yard, with a total of 18 feet for both side yards.
[c] 
For lots with a width of less than 60 feet: six feet for one side yard, with a total of 16 feet for both side yards.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Places of religious worship, including parish houses, churches, rectories and the like and also including religious schools, shall comply with the following:
(a) 
Maximum building coverage: 30%.
(b) 
Maximum development coverage: 60%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(3) 
Townhouses, garden apartments and other multifamily dwellings shall comply with the following:
(a) 
Minimum net lot area per dwelling unit: 4,500 square feet.
(b) 
Maximum building coverage: 30%.
(c) 
Maximum development coverage: 60%.
(d) 
Minimum lot depth: 100 feet.
(e) 
Minimum lot width: 100 feet.
(f) 
Minimum building setback:
[1] 
Abutting a nonresidential lot, two-family lot or multifamily lot:
[a] 
Front: 30 feet.
[b] 
Rear: 30 feet.
[c] 
Side: 30 feet.
[2] 
Abutting a one-family lot:
[a] 
Front: 80 feet.
[b] 
Rear: 80 feet.
[c] 
Side: 80 feet.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(h) 
Maximum building length: 125 feet.
(i) 
Buffer:
[1] 
Abutting a nonresidential lot:
[a] 
Front: 10 feet.
[b] 
Rear: 20 feet.
[c] 
Side: 20 feet.
[2] 
Abutting a two-family or a multifamily lot: 25 feet.
[3] 
Abutting a one-family lot: 75 feet.
(j) 
Minimum distance between principal buildings. No two principal buildings shall be closer than the distance equal to the average height of the two principal buildings at the point where said buildings are nearest to each other.
(k) 
Additional regulations.
[1] 
The Planning Board may modify the required right-of-way and pavement widths for private roads serving the development if, on the basis of sound planning and engineering standards, it determines that the proposed widths are adequate and sufficient in size, location and design to accommodate the traffic, parking and loading needs it is anticipated they will bear and to provide adequate access to the proposed development for fire-fighting equipment and police or emergency vehicles.
[2] 
Buffers shall be designed to effectively limit the visibility of the development from surrounding uses and shall principally include areas left substantially in their natural state, although the Planning Board may require that portions of said buffer areas be landscaped with grass, trees, shrubs or other ground cover or treatment to effectively limit the visibility of the development from surrounding areas. No parking, loading or buildings shall be permitted in said buffer areas, with the exception of preexisting buildings, a gate or security house of not greater than 125 square feet in floor area and 15 feet in height and required utility structures designed to service the proposed development.
[3] 
Significant ecological features, such as trees and stands of trees of significant size or character, streams and wetlands, shall be preserved and incorporated into the landscaping of the development to the maximum extent possible.
[4] 
Significant topographical features, such as steep slopes and large rock outcrops, shall be preserved, except where, in the judgment of the Planning Board, their alteration is necessary to create a satisfactory site plan.
[5] 
All utilities shall be installed underground or within buildings. Plans for water and sewer service shall be subject to approval by the Village Engineer. On-site drainage facilities shall be provided so as to minimize off-site flooding. Said drainage facilities shall also be subject to approval by the Village Engineer.
[6] 
If development is planned in stages, the Planning Board shall review and, if acceptable, approve the overall plan, as well as each stage, to assure that the staged development meets good planning and engineering standards.
[7] 
Open space.
[a] 
The development shall result in the preservation of open space having meaningful scenic, ecological and/or recreational characteristics, with its location, access, shape and dimensions suitable, in the judgment of the Planning Board, for the intended purposes.
[b] 
The preservation of such open space shall be permanently assured by means of the filing of covenants and restrictions and/or scenic easements on the land. In addition, such land shall be conveyed to one of the following:
[i] 
A private land trust that assures the permanent preservation of such land as open space.
[ii] 
An association of all property owners within the development, established in accordance with applicable law.
[c] 
All legal agreements and documents pertaining to the establishment of any trust or association and to the preservation and protection of all open space shall be subject to approval by the Village Board of the Village of Mount Kisco. The Village may require any additional conditions, agreements or documents which it deems necessary to ensure the completion of all improvements, the establishment of and continuity of the trust or association and the preservation and protection of all open space.
[Amended 12-7-1987 by L.L. No. 9-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The RM-29 District is intended to provide high-density multifamily development in the more central areas of the Village, without precluding one- and two-family dwellings.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Public buildings or uses operated by the Village of Mount Kisco, the Bedford Central School District or other governmental entities.
(d) 
Detached two-family dwellings, not to exceed one two-family dwelling per lot.
(e) 
On parcels having a gross site area of 40,000 square feet or more, townhouses, garden apartments and other multifamily dwellings using a site design technique that concentrates buildings in specific areas to increase open space and preserve natural site features.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(b) 
On parcels having a gross site area of less than 40,000 square feet, townhouses, garden apartments and other multifamily dwellings using a site design technique that concentrates buildings in specific areas to increase open space and preserve natural site features.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d) 
Customary home gardens.
(e) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C. 
Development regulations.
(1) 
Detached one-family and detached two-family dwellings shall comply with the following:
(a) 
Minimum net lot area: 6,250 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area (square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum building coverage: 30%.
(d) 
Maximum development coverage: 40%.
(e) 
Minimum lot width: 50 feet.
(f) 
Minimum lot depth: 100 feet.
(g) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear:
[a] 
Thirty feet for lots with a depth of 125 feet or greater.
[b] 
For lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet.
[3] 
Side:
[Amended 11-18-2008 by L.L. No. 3-2008]
[a] 
For lots 70 feet or greater in width: 10 feet.
[b] 
For lots with a width greater than 60 feet but less than 70 feet: eight feet for one side yard, with a total of 18 feet for both side yards.
[c] 
For lots with a width of less than 60 feet: six feet for one side yard, with a total of 16 feet for both side yards.
(h) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Places of religious worship, including parish houses, churches, rectories and the like and also including religious schools, shall comply with the following:
(a) 
Maximum building coverage: 30%.
(b) 
Maximum development coverage: 60%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(3) 
Townhouses, garden apartments and other multifamily dwellings shall comply with the following:
(a) 
Minimum net lot area per dwelling unit: 1,500 square feet.
(b) 
Maximum building coverage: 30%.
(c) 
Maximum development coverage: 70%.
(d) 
Minimum lot depth: 100 feet.
(e) 
Minimum lot width: 100 feet.
(f) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 30 feet.
[3] 
Side: 30 feet.
(g) 
Maximum height of principal structure: six stories or 70 feet, whichever is less.
(h) 
Maximum building length: No multifamily building facade shall exceed a length of 160 feet.
(i) 
Buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(j) 
Minimum distance between two principal buildings. No two principal buildings shall be closer than the distance equal to the average height of the two principal buildings at the point where said buildings are nearest to each other.
(k) 
Additional regulations.
[1] 
The Planning Board may modify the required right-of-way and pavement widths for private roads serving the development if, on the basis of sound planning and engineering standards, it determines that the proposed widths are adequate and sufficient in size, location and design to accommodate the traffic, parking and loading needs it is anticipated they will bear and to provide adequate access to the proposed development for fire-fighting equipment and police or emergency vehicles.
[2] 
Buffers shall be designed to effectively limit the visibility of the development from surrounding uses and shall principally include areas left substantially in their natural state, although the Planning Board may require that portions of said buffer areas be landscaped with grass, trees, shrubs or other ground cover or treatment to effectively limit the visibility of the development from surrounding areas. No parking, loading or buildings shall be permitted in said buffer areas, with the exception of preexisting buildings, a gate or security house of not greater than 125 square feet in floor area and 15 feet in height and required utility structures designed to service the proposed development.
[3] 
All utilities shall be installed underground or within buildings. Plans for water and sewer service shall be subject to approval by the Village Engineer. On-site drainage facilities shall be provided so as to minimize off-site flooding. Said drainage facilities shall also be subject to approval by the Village Engineer.
[Amended 11-16-1987 by L.L. No. 11-1987; 12-7-1987 by L.L. No. 9-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The CB-1 District is intended to provide for a variety of small-scale to medium-scale commercial activities within the Central Business District of the Village. The purpose of this district is to preserve the existing architectural character while reflecting the present nature and intensity of land use in the heart of the Village. It is recognized that the land use pattern in this district is such that the only available parking for commercial activities in the downtown area is, and will continue to be, that provided in common (public and private) parking facilities. Future development and/or conversions to a more intense commercial activity may require additional off-street parking. The permitted uses within this district are intended to balance its land use function within existing parking constraints.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities, not to exceed 8,000 square feet of gross floor area.
(b) 
Personal services establishments, excluding drive-up facilities, not to exceed 8,000 square feet of gross floor area.
(c) 
Restaurants and drinking establishments, excluding drive-up services, other than cabarets, not to exceed 8,000 square feet of gross floor area.
(d) 
Administrative, business and professional offices, other than offices that have a retail component, not to exceed 8,000 square feet of gross floor area, and not located on the ground floor of a building.
(e) 
Administrative, business and professional offices that have a retail component, such as opticians, travel agents or real estate agents, not to exceed 8,000 square feet of gross floor area and located on any floor of a building.
(f) 
Post offices, not to exceed 8,000 square feet of gross floor area.
(g) 
Banks, not to exceed 8,000 square feet of gross floor area.
(h) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(i) 
Libraries and museums.
(j) 
Village governmental uses.
(k) 
Parking lots and structures on Village-owned land, subject to the applicable provisions of Article IV of this chapter.
(l) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments, not to exceed 8,000 square feet of gross floor area.
(m) 
Residences above stores, restaurants, offices, banks and personal service establishments, provided that such residences were existing as of the effective date of this chapter.
(n) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children, not to exceed 2,500 square feet of gross floor area.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses, subject to § 110-46 of this chapter.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities, greater than 8,000 square feet of gross floor area.
(b) 
Personal service establishments, excluding drive-up facilities, greater than 8,000 square feet of gross floor area.
(c) 
Restaurants and drinking establishments excluding drive-up services, other than cabarets, greater than 8,000 square feet of gross floor area.
(d) 
Administrative, business and professional offices, other than offices that have a retail component, greater than 8,000 square feet of gross floor area, and not located on the ground floor of a building.
(e) 
Administrative, business and professional offices that have a retail component, such as opticians, travel agents or real estate agents, greater than 8,000 square feet of gross floor area and located on any floor of a building.
(f) 
Post offices greater than 8,000 square feet of gross floor area.
(g) 
Banks greater than 8,000 square feet of gross floor area.
(h) 
Theaters and cinemas, excluding the drive-up type.
(i) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments greater than 8,000 square feet of gross floor area.
(j) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(k) 
Funeral homes.
(l) 
Radio and television stations or studios, excluding exterior broadcasting antennas and satellite dishes.
(m) 
Chartered fraternal organizations, existing as of the effective date of this chapter.
(n) 
Educational and training facilities, not to exceed 5,000 square feet of gross floor area and not located on the ground floor of a building.
(o) 
Public utility facilities, excluding utility garages and storage yards, that are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(p) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Existing uses. Uses over 8,000 square feet of gross floor area in existence in the CB-1 District as of November 2, 1998, shall be considered nonconforming uses permitted pursuant to § 110-34 of the Mount Kisco Code.
(4) 
Accessory uses.
(a) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection C(4)(b) as Subsection C(4)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the CB-1 District shall be subject to the following development regulations:
(1) 
Maximum building coverage: 90%.
(2) 
Maximum development coverage: 100%.
(3) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
None required
None required
Rear
None required, but 6 feet if provided
20 feet
Side
None required, but 6 feet if provided
20 feet
(4) 
Maximum height of principal structure: three stories or 40 feet, whichever is less.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The CB-2 District is intended to provide for a variety of commercial activities within the Central Business District that are of moderate intensity in scale and traffic generation yet of a similar character as the CB-1 District.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities, not to exceed 8,000 square feet of gross floor area.
(b) 
Personal services establishments, excluding drive-up facilities, not to exceed 8,000 square feet of gross floor area.
(c) 
Restaurants and drinking establishments excluding drive-up services, other than cabarets, not to exceed 8,000 square feet of gross floor area.
(d) 
Administrative, business and professional offices, other than offices that have a retail component, not to exceed 8,000 square feet of gross floor area, and not located on the ground floor of a building.
(e) 
Administrative, business and professional offices that have a retail component, such as opticians, travel agents or real estate agents, not to exceed 8,000 square feet of gross floor area and located on any floor of a building.
(f) 
Post offices, not to exceed 8,000 square feet of gross floor area.
(g) 
Banks, not to exceed 8,000 square feet of gross floor area.
(h) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(i) 
Libraries and museums.
(j) 
Village governmental uses.
(k) 
Parking lots and structures on Village-owned land, subject to the applicable provisions of Article IV of this chapter.
(l) 
Educational and training facilities not to exceed 5,000 square feet of gross floor area.
(m) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments, not to exceed 8,000 square feet of gross floor area.
(n) 
Residences above stores, restaurants, offices, banks and personal service establishments, provided that such residences were existing as of the effective date of this chapter.
(o) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children, not to exceed 2,500 square feet of gross floor area.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses, subject to § 110-46 of this chapter.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities, greater than 8,000 square feet of gross floor area.
(b) 
Personal service establishments, excluding drive-up facilities, greater than 8,000 square feet of gross floor area.
(c) 
Restaurants and drinking establishments excluding drive-up services, other than cabarets, greater than 8,000 square feet of gross floor area.
(d) 
Administrative, business and professional offices, other than offices that have a retail component, greater than 8,000 square feet of gross floor area, and not located on the ground floor of a building.
(e) 
Administrative, business and professional offices that have a retail component, such as opticians, travel agents or real estate agents, greater than 8,000 square feet of gross floor area and located on any floor of a building.
(f) 
Post offices greater than 8,000 square feet of gross floor area.
(g) 
Banks greater than 8,000 square feet of gross floor area.
(h) 
Theaters and cinemas, excluding the drive-up type.
(i) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments greater than 8,000 square feet of gross floor area.
(j) 
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(k) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(l) 
Funeral homes.
(m) 
Radio and television stations or studios, excluding exterior broadcasting antennas and satellite dishes.
(n) 
Governmental offices not to exceed 8,000 square feet of gross floor area.
(o) 
Public utility facilities, excluding utility garages and storage yards, that are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject further to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(p) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the CB-2 District shall be subject to the following development regulations:
(1) 
Maximum building coverage: 75%.
(2) 
Maximum development coverage: 90%.
(3) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
None required
None required
Rear
None required, but 6 feet if provided
20 feet
Side
None required, but 6 feet if provided
20 feet
(4) 
Maximum height of principal structure: three stories or 40 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 2-2-1988 by L.L. No. 1-1988; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The GR District is intended to provide for convenient commercial uses and services that serve persons throughout the Village. These uses require frontage on major streets given their need for high visibility and are considered relatively high traffic generators.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities, not to exceed 8,000 square feet of gross floor area.
(b) 
Personal services establishments, excluding drive-up facilities, not to exceed 8,000 square feet of gross floor area.
(c) 
Restaurants and drinking establishments excluding drive-up services, other than cabarets, not to exceed 8,000 square feet of gross floor area.
(d) 
Administrative, business and professional offices, not to exceed 8,000 square feet of gross floor area.
(e) 
Post offices, not to exceed 8,000 square feet of gross floor area.
(f) 
Banks, not to exceed 8,000 square feet of gross floor area.
(g) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(h) 
Laundromats or wash-and-folds, not to exceed 4,000 square feet of gross floor area.
(i) 
Libraries and museums.
(j) 
Village governmental uses.
(k) 
Parking lots and structures on Village-owned land, subject to the applicable provisions of Article IV of this chapter.
(l) 
Educational and training facilities.
(m) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments, not to exceed 8,000 square feet of gross floor area.
(n) 
Residences above stores, restaurants, offices, banks and personal service establishments, provided that such residences were existing as of the effective date of this chapter.
(o) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1)(o), allowing certain plant nurseries as a principal use, was repealed 10-7-2003 by L.L. No. 9-2003. See now Subsection B(2)(o).
(p) 
Gasoline stations with limited automotive repairs.
(q) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities, greater than 8,000 square feet of gross floor area but not to exceed 60,000 square feet of gross floor area.
(b) 
Personal service establishments, excluding drive-up facilities, greater than 8,000 square feet of gross floor area.
(c) 
Restaurants and drinking establishments, excluding drive-up services, other than cabarets, greater than 8,000 square feet of gross floor area.
(d) 
Administrative, business and professional offices greater than 8,000 square feet of gross floor area.
(e) 
Post offices greater than 8,000 square feet of gross floor area.
(f) 
Banks greater than 8,000 square feet of gross floor area.
(g) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments greater than 8,000 square feet of gross floor area.
(h) 
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(i) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(j) 
Funeral homes.
(k) 
Retail sale and accessory storage of hardware, building, builder and household material and supplies (equipment excluded), not to exceed 40,000 square feet of gross floor area, partially in buildings not fully enclosed on all sides, in accordance with the provisions for such as set forth in Article V of this chapter.
(l) 
Fast-food establishments, provided that:
[1] 
Minimum lot size shall be 40,000 square feet.
[2] 
No such establishments shall be located within 2,000 feet of a lot containing another fast-food establishment.
[3] 
No such establishment shall be located on a lot that abuts a residential district.
(m) 
Governmental offices, not to exceed 8,000 square feet of gross floor area.
(n) 
Public utility facilities, excluding utility garages and storage yards, that are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(o) 
Plant nurseries that include the retail sale, accessory storage and/or display of garden materials, provided that the outdoor storage and display of such materials does not obstruct the flow of pedestrian or vehicular traffic and does not occur in any required yard or parking area. An exception shall be in-ground maintenance of living inventory.
[Added 10-7-2003 by L.L. No. 9-2003]
(p) 
Parking structures serving principal and special permit uses, in accordance with the provisions of Article IV of this chapter and Subsection D of this section.
[Added 2-9-2009 by L.L. No. 1-2009]
(q) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[2]]
[2]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the GR District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 10,000 square feet.
(2) 
Maximum building coverage: 30%.
(3) 
Maximum development coverage: 80%.
(4) 
Minimum lot width: 75 feet.
(5) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
20 feet
20 feet
Rear
None required, but 6 feet if provided
30 feet
Side
None required, but 6 feet if provided
30 feet
(6) 
Buffer:
(a) 
Abutting a nonresidential lot:
[1] 
Front: 20 feet.
[2] 
Rear: 5 feet.
[3] 
Side: 5 feet.
(b) 
Abutting a multifamily lot: 25 feet.
(c) 
Abutting a one- or two-family lot: 40 feet.
(7) 
Maximum height of principal structure: two stories or 30 feet, whichever is less.
D. 
Special development regulations for structured parking.
[Added 2-9-2009 by L.L. No. 1-2009]
(1) 
Applicability: These special regulations authorize and shall apply to a structured parking building that provides off-street accessory parking for two or more contiguous lots that are both owned by the same property owner, located within a single block, and one or more of such commonly owned contiguous lots is within an H District, and one or more of such commonly owned contiguous lots is located within a GR District. The specially permitted structured parking building shall provide some or all of the required accessory off-street parking for such commonly owned contiguous lots. The property owner of the commonly owned contiguous lots shall be required to record a deed restriction running with the land, in a form approved by the Village Attorney, requiring that the contiguous lots be held in single ownership by the same property owner so long as the specially permitted structured parking building remains on portions of both contiguous lots.
(2) 
Location: A single structured parking building may be erected on abutting portions of the commonly owned contiguous lots in the GR and H districts, and the structured parking building may cross such common lot lines and the common GR and H zoning district lines.
(3) 
Maximum height: 45 feet.
(4) 
Maximum building coverage: The Planning Board, in approving a special permit for such structured parking, is authorized to exercise discretion in approving building coverage that exceeds 30% where such excess building coverage is solely attributable to the structured parking.
(5) 
Minimum building setback: No setback is required for the structured parking building from any lot line that is shared by the commonly owned contiguous lots in the H and GR districts on which the structured parking building is to be constructed.
(6) 
Buffer: No buffer is required for the structured parking building along any lot line that is shared by the commonly owned contiguous lots in the H and GR districts on which the structured parking building is to be constructed.
(7) 
Required parking: Nothing herein shall affect the number of off-street accessory parking spaces required to be provided for each of the commonly owned lots served by the structured parking building.
(8) 
Other regulations: In the event of any conflict between the regulations in this Subsection D and any other regulations of the Zoning Law, the provisions of this Subsection D shall govern.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The CN District is intended to provide for a mix of residential and highly restricted commercial uses. The character of the commercial uses should be compatible with the surrounding residential neighborhood and should generally result in limited traffic generation due to its pedestrian orientation.
B. 
Permitted uses. No building or premises shall be used and no building shall be erected, altered or added to unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Stores and shops for the conduct of retail business, but excluding drive-up facilities.
(b) 
Personal service establishments, excluding drive-up facilities.
(c) 
Restaurants and drinking establishments, excluding drive-up facilities, other than cabarets.
(d) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(e) 
Libraries and museums.
(f) 
Educational and training facilities.
(g) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments.
(h) 
Residences above stores, restaurants, offices and personal service establishments, provided that said residences have a separate entrance to the street or sidewalk.
(i) 
General offices.
(j) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(k) 
Townhouses.
[Added 4-29-2019 by L.L. No. 1-2019]
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the CN District, with the exception of townhouse uses, shall be subject to the following development regulations:
[Amended 4-29-2019 by L.L. No. 1-2019]
(1) 
Minimum net lot area: 7,000 square feet.
(2) 
Maximum building coverage: 35%.
(3) 
Maximum development coverage: 70%.
(4) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
10 feet
10 feet
Rear
None required, but 6 feet if provided
20 feet
Side
None required, but 6 feet if provided
20 feet
(5) 
Maximum height of principal structure: three stories or 35 feet, whichever is less.
(6) 
Buffer:
(a) 
Abutting a residential lot:
[1] 
Front: 10 feet.
[2] 
Side: 10 feet.
[3] 
Rear: 10 feet.
(7) 
Townhouses shall be arranged and comply with the following development standards:
[Added 4-29-2019 by L.L. No. 1-2019]
(a) 
Minimum gross site area: 7,500 square feet.
(b) 
This minimum 7,500-square-foot lot may be subdivided into smaller, fee simple, lots that must meet the following standards for townhouse buildings:
[1] 
Minimum lot area per townhouse unit: 2,500 square feet.
[2] 
Maximum building coverage: 35%.
[3] 
Maximum development coverage: 65%.
[4] 
Minimum lot depth: 100 feet.
[5] 
Minimum lot width: 25 feet.
[6] 
Minimum building setback:
[a] 
Front: 20 feet.
[b] 
Rear: 25 feet.
[c] 
Side: none.
[7] 
Maximum building setback:
[a] 
Front: 30 feet.
[8] 
Maximum height of principal structure: three stories or 35 feet.
[9] 
There shall not be more than six townhouse units in a row of buildings. To allow for adequate space for driveways onto the site and parking in the rear of townhouse buildings, each grouping of units, not to exceed six, shall be separated from any other separate lot, building, group of buildings, or a differently zoned lot by a minimum of 30 feet.
[Amended 12-7-1987 by L.L. No. 9-1987; 11-16-1987 by L.L. No. 11-1987; 8-14-1989 by L.L. No. 8-1989; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The CL District is intended to provide for a wide range of commercial, Village service and limited light industrial uses with low to moderate traffic generation characteristics.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1)(a), allowing shopping centers on lots of 80,000 square feet or greater as a principal use, was repealed 10-7-2003 by L.L. No. 9-2003.
(b) 
Stores and shops for the conduct of retail business, not to exceed 60,000 square feet of gross floor area, on lots of 20,000 square feet or greater.
(c) 
Personal service establishments on lots of 20,000 square feet or greater.
(d) 
Restaurants, excluding drive-up facilities, other than cabarets, on lots of 20,000 square feet or greater.
(e) 
Administrative, business and professional offices.
(f) 
Banks.
(g) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(h) 
Laundromats or wash-and-folds, not to exceed 4,000 square feet of gross floor area.
(i) 
Governmental uses.
(j) 
Educational and training facilities.
(k) 
Funeral homes.
(l) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments, on lots of 20,000 square feet or greater.
(m) 
Printing and publishing.
(n) 
Retail sale and accessory storage of building, builder and household materials, not to exceed 60,000 square feet of gross floor area, in accordance with the provisions of Article V of this chapter.
(o) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(b) 
Amusement device arcades, subject to the following conditions:
[1] 
No such amusement device arcade shall be located nearer than 200 feet to any residential district.
[2] 
Any such amusement device arcade shall provide for the storage of bicycles in such a manner so that said bicycles shall not be visible from the street and/or sidewalk abutting the location of said amusement device arcade, which such storage shall not interfere with the normal and safe usage of sidewalks, entranceways and walkways, both within and outside the premises. Such storage shall, at a minimum, accommodate one bicycle for each four amusement devices located in such arcade.
[3] 
A minimum of 30 square feet of building floor area shall be required for each amusement device.
(c) 
Gasoline stations, automotive and equipment service and automobile repair shops, subject to the requirements set forth in Article V of this chapter.
(d) 
The sale and rental of motor vehicles, subject to the requirements set forth in Article V of this chapter.
(e) 
Radio and television stations or studios, excluding exterior broadcasting antennas and satellite dishes.
(f) 
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(g) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[2]]
[2]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the CL District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 10,000 square feet.
(2) 
Maximum building coverage: 30%.
(3) 
Maximum development coverage: 80%.
(4) 
Minimum lot width: 100 feet.
(5) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
20 feet
20 feet
Rear
10 feet
30 feet
Side
10 feet
30 feet
(6) 
Buffer:
(a) 
Abutting a nonresidential lot:
[1] 
Front: 20 feet.
[2] 
Rear: five feet.
[3] 
Side: five feet.
(b) 
Abutting a residential lot:
[1] 
Front: 20 feet.
[2] 
Rear: 10 feet.
[3] 
Side: 10 feet.
(7) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[Added 4-29-2019 by L.L. No. 1-2019]
A. 
Purpose and intent. The CL-1 District is intended to provide for a mix of commercial, Village service, and residential uses with low to moderate traffic generation characteristics.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Stores and shops for the conduct of retail business, not to exceed 6,000 square feet of gross floor area, on lots of 10,000 square feet or greater.
(b) 
Personal service establishments on lots of 10,000 square feet or greater.
(c) 
Restaurants, excluding drive-up facilities, other than cabarets, on lots of 20,000 square feet or greater.
(d) 
Administrative, business and professional offices.
(e) 
Banks.
(f) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(g) 
Laundromats or wash-and-folds, not to exceed 4,000 square feet of gross floor area.
(h) 
Governmental uses.
(i) 
Educational and training facilities.
(j) 
Funeral homes.
(k) 
Service establishments, such as small appliance and electronic stores, photocopy shops and mailing service establishments, on lots of 10,000 square feet or greater.
(l) 
Printing and publishing.
(m) 
Retail sale and accessory storage of building, builder and household materials, not to exceed 6,000 square feet of gross floor area, in accordance with the provisions of Article V of this chapter.
(n) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
(o) 
Townhouses.
(p) 
Contractors.
(2) 
Special permit uses.
(a) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(b) 
Radio and television stations or studios, excluding exterior broadcasting antennas and satellite dishes.
(c) 
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(3) 
Accessory uses.
(a) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(b) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the CL-1 District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 10,000 square feet.
(2) 
Maximum building coverage: 30%.
(3) 
Maximum development coverage: 80%.
(4) 
Minimum lot width: 100 feet.
(5) 
Minimum building setback.
Location
Lot Line Abutting Nonresidential District
(feet)
Lot Line Abutting Residential District
(feet)
Front
20
20
Rear
10
30
Side
10
30
(6) 
Buffer.
(a) 
Abutting a nonresidential lot:
[1] 
Front: 20 feet.
[2] 
Rear: five feet.
[3] 
Side: five feet.
(b) 
Abutting a residential lot:
[1] 
Front: 20 feet.
[2] 
Rear: 10 feet.
[3] 
Side: 10 feet.
(7) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(8) 
Townhouses shall be arranged and comply with the following development standards:
(a) 
Minimum gross site area: 7,500 square feet.
(b) 
This minimum 7,500-square-foot lot may be subdivided into smaller, fee simple, lots that must meet the following standards for townhouse buildings:
[1] 
Minimum lot area per townhouse unit: 2,500 square feet.
[2] 
Maximum building coverage: 35%.
[3] 
Maximum development coverage: 65%.
[4] 
Minimum lot depth: 100 feet.
[5] 
Minimum lot width: 25 feet
[6] 
Minimum building setback:
[a] 
Front: 20 feet.
[b] 
Rear: 25 feet.
[c] 
Side: none.
[7] 
Maximum building setback:
[a] 
Front: 30 feet.
[8] 
Maximum height of principal structure: three stories or 35 feet.
[9] 
There shall not be more than six townhouse units in a row of buildings. To allow for adequate space for driveways onto the site and parking in the rear of townhouse buildings, each group of six units shall be separated from any other separate lot, building, group of buildings, or a differently zoned lot by a minimum of 30 feet.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The OG District is intended to provide for a relatively high intensity of office uses with good access to major roads. This district is not intended to provide for retail sales as a principal use.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Offices for administrative, business, government or professional use.
(b) 
Educational and training facilities.
(c) 
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(2) 
Special permit uses.
(a) 
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(b) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(c) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Indoor storage facilities.
(b) 
Retail pharmacies or optical shops, in accordance with the following requirements:
[1] 
Such use shall be permitted only in conjunction with a professional office building which principally contains medical offices and shall be located entirely within such building.
[2] 
Such use shall be located on the ground floor of such building, and the aggregate floor area devoted to such use shall not exceed 10% of the gross floor area of the building in which it is located.
[3] 
Such use shall not be identified by any signs visible from outside the building, nor shall such shops use windows visible from the outside of the building for display shows or signs.
[4] 
Such use shall not be directly accessible from the outside and shall be reached from a fully enclosed hallway common to the professional offices.
(c) 
Maintenance and utility shops incidental to the principal use.
(d) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(e) 
Parking structures incidental to the principal use.
(f) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(f) as Subsection B(3)(g).
(g) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the OG District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 20,000 square feet.
(2) 
Maximum building coverage: 25%.
(3) 
Maximum development coverage: 70%.
(4) 
Minimum lot width: 100 feet.
(5) 
Minimum lot depth: 100 feet.
(6) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
30 feet
30 feet
Rear
30 feet
50 feet
Side
30 feet
50 feet
(7) 
Buffer:
(a) 
Front: 20 feet.
(b) 
Rear: 20 feet.
(c) 
Side: 20 feet.
(8) 
Maximum height of principal structure: three stories or 40 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The OD District is intended to provide for professional or service uses of low intensity and reflective of a neighborhood village environment. Conversions of residential structures and rehabilitation of existing commercial structures are encouraged.
B. 
Permitted uses. No building or premises shall be used and no building shall be erected, altered or added to unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Offices for administrative, business, government or professional use.
(b) 
Educational and training facilities.
(c) 
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(d) 
Funeral homes.
(2) 
Special permit uses.
(a) 
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(b) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(c) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Retail pharmacies or optical shops, in accordance with the following requirements:
[1] 
Such use shall be permitted only in conjunction with a professional office building which principally contains medical offices and shall be located entirely within such building.
[2] 
Such use shall be located on the ground floor of such building, and the aggregate floor area devoted to such use shall not exceed 10% of the gross floor area of the building in which it is located.
[3] 
Such use shall not be identified by any signs visible from outside the building, nor shall such shops use windows visible from the outside of the building for display shows or signs.
[4] 
Such use shall not be directly accessible from the outside and shall be reached from a fully enclosed hallway common to the professional offices.
(b) 
Maintenance and utility shops incidental to the principal use.
(c) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(d) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(d) as Subsection B(3)(e).
(e) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the OD District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 10,000 square feet.
(2) 
Maximum building coverage: 25%.
(3) 
Maximum development coverage: 75%.
(4) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
20 feet
20 feet
Rear
15 feet
15 feet
Side
20 feet
25 feet
(5) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(6) 
Buffer:
(a) 
Front: 10 feet.
(b) 
Rear: 10 feet.
(c) 
Side: 10 feet.
D. 
Existing commercial uses. Those parcels in the OD District used lawfully and as a matter of right for commercial purposes on October 12, 1987, may continue to be used as if such commercial use were a permitted principal use.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The OC District is intended to provide for very-low-intensity professional office uses in a residential neighborhood environment. Conversion of existing residential structures is encouraged, and limited building expansions are permitted, while at the same time preserving the unique and traditional character of the district.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Public parks, playgrounds or similar recreational areas, including customary recreational, refreshment and service buildings and uses, provided that no structure shall be located nearer than 50 feet to any lot line.
(c) 
Offices for administrative, business or professional use.
(d) 
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(2) 
Special permit uses.
(a) 
Mixed residential and office uses in a single building, provided that:
[1] 
No dwelling unit shall be permitted on the first floor of any building; and
[2] 
The building and site can adequately accommodate the parking, traffic and other special demands imposed by the mixed use.
(b) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Residential uses:
[1] 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
[2] 
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
[3] 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
[4] 
Customary home gardens.
[5] 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
[6] 
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
(b) 
Other uses:
[1] 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
[2] 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(b)[2] as Subsection B(3)(b)[3].
[3] 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations.
(1) 
Detached one-family dwellings shall comply with the following:
(a) 
Minimum net lot area: 6,250 square feet.
(b) 
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
Net Lot Area(square feet)
Maximum Permitted Building Coverage
Less than 5,000
25% of net lot area
5,000 to 6,000
1,250 square feet, plus 24% of net lot area in excess of 5,000 square feet
6,000 to 7,000
1,490 square feet, plus 23% of net lot area in excess of 6,000 square feet
7,000 to 8,000
1,720 square feet, plus 22% of net lot area in excess of 7,000 square feet
8,000 to 9,000
1,940 square feet, plus 21% of net lot area in excess of 8,000 square feet
9,000 or more
2,150 square feet, plus 20% of net lot area in excess of 9,000 square feet
(c) 
Maximum development coverage: 50%.
[Amended 11-18-2008 by L.L. No. 3-2008]
(d) 
Minimum lot width: 50 feet.
(e) 
Minimum lot depth: 100 feet.
(f) 
Minimum building setback:
[1] 
Front:
[a] 
Thirty feet for lots with a depth of 150 feet or greater.
[b] 
Twenty-five feet for lots with a depth of less than 150 feet.
[2] 
Rear:
[a] 
Thirty feet for lots with a depth of 125 feet or greater.
[b] 
For lots with a depth of less than 125 feet, 30 feet minus one foot for every 2 1/2 feet that the lot depth is less than 125 feet, but in no case less than 20 feet.
[3] 
Side:
[Amended 11-18-2008 by L.L. No. 3-2008]
[a] 
For lots 70 feet or greater in width: 10 feet.
[b] 
For lots with a width greater than 60 feet but less than 70 feet: eight feet for one side yard, with a total of 18 feet for both side yards.
[c] 
For lots with a width of less than 60 feet: six feet for one side yard, with a total of 16 feet for both side yards.
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Permitted uses other than those listed in Subsection C(1) above shall comply with the following:
(a) 
Minimum net lot area: 10,000 square feet.
(b) 
Maximum building coverage: 35%.
(c) 
Maximum development coverage: 60%.
(d) 
Minimum lot width: 50 feet.
(e) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 30 feet.
[3] 
Side: 15 feet.
(f) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(g) 
Buffer:
[1] 
Front: 10 feet.
[2] 
Rear: 10 feet.
[3] 
Side: 10 feet.
D. 
Design regulations. The proposed design of any new structure in the OC District or any conversion of any existing structure which involves exterior alterations or additions shall be subject to review by the Architectural Review Board. The Architectural Review Board may grant its approval upon finding that the proposed design is consistent with the unique and traditional character of the OC District and is harmonious in appearance with the neighboring structures. The Architectural Review Board shall deny its approval if the proposed design would be inconsistent with the existing character of the district.
E. 
Conversions. Anything above to the contrary notwithstanding, any principal building in existence as of the effective date of this section may be converted to an office use, in accordance with the following provisions:
(1) 
The intent of the OC District is to combine the qualities of residential and office uses and structures in the given area. Conversions of residential structures to professional office uses are encouraged in the OC District. Conversions shall be limited, however, in scale so as to preserve the architectural integrity of the buildings and to maintain the relatively low building coverage of the lots. Such conversions would preserve the predominantly residential character existing in the OC District.
(2) 
No enlargement or extension shall be made to any principal building which will create a noncompliance or increase the degree of existing noncompliance.
(3) 
Such conversions shall conform with all lot and bulk requirements set forth in Subsection C, except that the aggregate area covered by all buildings, principal and accessory, shall not exceed 20% of the lot area.
(4) 
Conversions may encompass expansion, extension or enlargement of the principal building on the lot; provided, however, that no such expansion, extension or enlargement shall increase the aggregate floor area of the principal building by greater than 50% of the total floor area existing as of the effective date of this section.
(5) 
No existing accessory building shall be expanded, extended or enlarged, and no accessory building shall be converted to a principal use.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990 8-20-1990 by L.L. No. 10-1990; 5-24-1993 by L.L. No. 5-1993; 11-1-1993 by L.L. No. 11-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003; 10-7-2003 by L.L. No. 9-2003; 7-16-2018 by L.L. No. 5-2018; 11-19-2018 by L.L. No. 6-2018; 4-29-2019 by L.L. No. 1-2019]
A. 
Purpose and intent. The RDX District, formerly the RD Distict, is intended to provide for a variety of uses, including a wide range of research, design and development activities, and limited residential uses with appropriate controls that can be provided in an industrial park setting, that can conform to a high level of performance standards, that can be located in close proximity to residential, institutional and commercial areas without objectionable influence and that can serve as a buffer between commercial or industrial uses and residential uses.
B. 
Permitted uses. No building or premises shall be used and no building shall be erected, altered or added to unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Administrative, business and professional offices.
(b) 
Radio or television stations or studios.
(c) 
Printing and publishing.
(d) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
(e) 
All forms of senior housing, including senior assisted-living housing, and senior enriched/independent-living housing.
(f) 
Biotech and pharmaceutical services and offices.
(g) 
Hotel and conference centers.
(h) 
Indoor storage.
(i) 
Indoor auto storage.
(j) 
Hi-tech/start-up incubator.
(k) 
Educational institutions.
(2) 
Special permit uses.
(a) 
Educational and training facilities.
(b) 
Light manufacturing: Any process where either the nature, size or shape of articles or raw materials is changed or where articles are assembled, provided that:
[1] 
Such use is fully contained within the principal structure on the site.
[2] 
No objectionable or obnoxious odor, dust, fumes, noise or smoke is produced.
[3] 
There is no outside storage of materials, products or by-products.
[4] 
All loading docks and truck parking areas are screened from view from all public roads by evergreen planting and/or fencing satisfactory in quantity, size, location, height and design to the Planning Board and Architectural Review Board.
[5] 
The processes and procedures involved and the potential by-products and wastes do not pose any threat to the environment or to the public health, safety and welfare.
(c) 
Health and athletic membership clubs conducting leisure-time and recreation activities for use by members, customers or clients on a periodic or seasonal basis, subject to the provisions of §§ 110-30J and 110-46 of this chapter, as well as the following:
[1] 
Submission at the time of application of a detailed exterior and interior layout plan and a schedule of activities and maximum capacities;
[2] 
Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access, and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances; and
[3] 
Demonstration by the applicant that the health and athletic membership club will be appropriate in the proposed location and will have no material adverse effect on existing or prospective conforming development, and the proposed site is adequate in size for the use.
(d) 
Nursery schools, child day-care centers and adult day-care centers, subject to the provisions of Article V of this chapter.
(e) 
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(f) 
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject further to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(g) 
Family recreation facilities subject to the provisions of §§ 110-30P and 110-46 of this chapter, and the following additional requirements:
[1] 
Parking requirements shall be determined by the Planning Board based upon specific standards from the Institute of Transportation Engineers or other recognized parking sources per specific use;
[2] 
All activities within the family recreation facility shall be under unified management and control;
[3] 
Accessory uses shall be limited by the following conditions:
[a] 
No accessory use shall be conducted other than in the portion of the facility specifically provided therefor.
[b] 
Not more than three accessory uses shall be permitted with respect to any facility.
[c] 
The aggregate floor area devoted to accessory uses shall not exceed 5% of the gross area of the principal use(s).
[d] 
There shall be no direct access for customers to the accessory use from outside the area devoted to the principal use(s).
[e] 
There shall be no signs visible from outside the area devoted to the principal use(s) indicating the accessory use.
[f] 
Operation of the accessory use shall not be permitted except during hours when the principal use is in operation.
[g] 
A cabaret license may be issued for any accessory restaurant use hereunder, subject to the provisions of Chapter 45[1] but under no circumstance shall an adult entertainment cabaret license be issued.
[1]
Editor's Note: See Ch. 45, Amusements.
[h] 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Training facilities for the employees of the principal use.
(b) 
Maintenance and utility facilities incidental to the principal use.
(c) 
Off-street parking and loading in accordance with the provisions of Article IV of this chapter.
(d) 
Parking structures incidental to the principal use.
(e) 
Tier 1 solar energy systems.
(f) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the RDX District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 40,000 square feet.
(2) 
Maximum building coverage: 35%.
(3) 
Maximum development coverage: 70%.
(4) 
Minimum lot width: 100 feet.
(5) 
Minimum lot depth: 100 feet.
(6) 
Minimum building setback for uses except parking structures:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
30 feet
30 feet
Rear
20 feet
35 feet
Side
20 feet
35 feet
(7) 
Minimum building setback for parking structures:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
30 feet
30 feet
Rear
20 feet
50 feet
Side
20 feet
50 feet
(8) 
Buffer:
(a) 
Front: 20 feet.
(b) 
Rear: 20 feet.
(c) 
Side: 20 feet
(9) 
Maximum height of principal structure: three stories or 40 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 8-14-1989 by L.L. No. 8-1989; 4-16-1990 by L.L. No. 4-1990; 5-20-1991 by L.L. No. 5-1991; 9-3-1991 by L.L. No. 9-1991; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The ML District is intended to provide for a wide range of service, light industrial, manufacturing or warehousing uses and could include the fabrication, manufacturing, assembly or processing of materials that may, to a limited extent, be produced on site. Such uses may produce smoke, noise, vibration, light, heat, glare or fumes, provided that measures are taken to minimize the impact beyond the boundaries of the property upon which the use is located.
B. 
Permitted uses. No building or premises shall be used and no building shall be erected, altered or added to unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Any use permitted in the RDX Research and Development District, as specified in § 110-23B(1) of this chapter.
[Amended 4-29-2019 by L.L. No. 1-2019]
(b) 
Automotive and equipment sales, service and repair, subject to the requirements set forth in Article V of this chapter.
(c) 
Wholesale, indoor storage and warehousing establishments, but excluding the storage, processing or handling of junked automobiles, tires or other automobile parts; discarded appliances; scrap metal; construction and demolition debris; garbage, refuse or residential, commercial or industrial or other waste, except the storage, in compliance with § 69-7 of this Code, of such material as is generated on the premises.
(d) 
Lumber and building equipment sales, storage and service.
(e) 
Veterinary clinics and hospitals.
(f) 
Educational and training facilities.
(g) 
Public utilities.
(h) 
Laundry or dry-cleaning plants.
(i) 
Retail sales of bulk household items related to home improvement and maintenance, such as furniture, major appliances, carpeting, rugs, flooring, fireplace equipment, beds and bedding, pianos and organs, garage doors and similar bulk household items.
(j) 
Limited personal service uses, with scheduled and/or restricted customer access, such as major appliance service, carpet and flooring service, garage door service, interior decorating service, photography studios, beauty shops, barbershops, nail salons, tanning salons, weight control clinics and similar personal service uses.
(2) 
Special permit uses.
(a) 
Membership clubs conducting leisure-time and recreation activities for use by members, customers or clients on a periodic or seasonal basis, subject to the provisions of §§ 110-30J and 110-46 of this chapter, as well as the following:
[1] 
Submission at the time of application of a detailed exterior and interior layout plan and a schedule of activities and maximum capacities;
[2] 
Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access, and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances; and
[3] 
Demonstration by the applicant that the membership club will be appropriate in the proposed location and will have no material adverse effect on existing or prospective conforming development, and the proposed site is adequate in size for the use.
(b) 
Full-service grocery stores subject to the provisions of §§ 110-30O and 110-46 of this chapter, and the following additional requirements:
[Added 7-16-2018 by L.L. No. 5-2018]
[1] 
The store, inclusive of all square footage devoted to the tenant, operator and/or affiliated uses, shall occupy at least 35,000 square feet but not more than 75,000 square feet;
[2] 
Parking shall be provided at not less than one space per 200 square feet of gross floor area.
(c) 
Family recreation facilities subject to the provisions of §§ 110-30P and 110-46 of this chapter, and the following additional requirements:
[Added 7-16-2018 by L.L. No. 5-2018]
[1] 
Parking requirements shall be determined by the Planning Board based upon specific standards from the Institute of Transportation Engineers or other recognized parking sources per specific use:
[Amended 4-29-2019 by L.L. No. 1-2019]
[2] 
All activities within the family recreation facility shall be under unified management and control;
[3] 
Accessory uses shall be limited by the following conditions:
[a] 
No accessory use shall be conducted other than in the portion of the facility specifically provided therefor.
[b] 
Not more than three accessory uses shall be permitted with respect to any facility.
[c] 
The aggregate floor area devoted to accessory uses shall not exceed 5% of the gross area of the principal use(s).
[d] 
There shall be no direct access for customers to the accessory use from outside the area devoted to the principal use(s).
[e] 
There shall be no signs visible from outside the area devoted to the principal use(s) indicating the accessory use.
[f] 
Operation of the accessory use shall not be permitted except during hours when the principal use is in operation.
[g] 
A cabaret license may be issued for any accessory restaurant use hereunder, subject to the provisions of Chapter 45, but under no circumstance shall an adult entertainment cabaret license be issued.
(d) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Parking or storage of vehicles regularly used in conjunction with the use made of the principal structure on the lot, but no such parking or storage shall be permitted in the area between the street line and the front of any such structure or on more than 50% of the lot.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use on the site.
C. 
Development regulations. Each site in the ML District shall be subject to the following development regulations:
(1) 
Minimum lot area: 10,000 square feet.
(2) 
Maximum building coverage: 45%.
(3) 
Maximum development coverage: 70%.
(4) 
Minimum lot width: 75 feet.
(5) 
Minimum lot depth: 75 feet.
(6) 
Minimum building setback:
Location
Lot Abutting Nonresidential District
Lot Abutting Residential District
Front
10 feet
10 feet
Rear
10 feet
30 feet
Side
10 feet
30 feet
(7) 
Buffer:
(a) 
Front: 10 feet.
(b) 
Rear: 10 feet.
(c) 
Side: 10 feet.
(8) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[Added 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The SC District is intended to provide for a wide range of service, commercial and light industrial uses. Operations must confine all nuisance characteristics, such as noise and odors, on site and include suitable screening for abutting properties.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Administrative, business and professional offices.
(b) 
Radio or television stations or studios.
(c) 
Printing and publishing.
(d) 
Automotive and equipment sales, service and repair, subject to the requirements set forth in Article V of this chapter.
(e) 
Wholesale, indoor storage and warehousing establishments, but excluding the storage, processing or handling of junked automobiles, tires or other automobile parts; discarded appliances; scrap metal; construction and demolition debris; garbage, refuse or residential, commercial or industrial or other waste, except the storage, in compliance with § 69-7 of this Code, of such material as is generated on the premises.
(f) 
Building supply and lumber yards, but excluding secondhand lumber and junkyards, not to exceed 20,000 square feet of gross floor area.
(g) 
Veterinary clinics and hospitals.
(h) 
Educational and training facilities.
(i) 
Retail sales of bulk household items related to home improvement and maintenance, not to exceed 20,000 square feet of gross floor area, such as furniture, major appliances, carpeting, rugs, flooring, fireplace equipment, beds and bedding, pianos and organs, garage doors and similar bulk household items.
(j) 
Service establishments, with scheduled and/or restricted customer access, such as major appliance service, carpet and flooring service, garage door service, interior decorating service, cabinetmaking, and similar service uses.
(k) 
Personal service establishments.
(l) 
Village governmental uses.
(m) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses.
(a) 
Health and athletic membership clubs conducting leisure-time and recreation activities for use by members, customers or clients on a periodic or seasonal basis, subject to the provisions of §§ 110-30J and 110-46 of this chapter, as well as the following:
[1] 
Submission at the time of application of a detailed exterior and interior layout plan and a schedule of activities and maximum capacities;
[2] 
Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access, and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances; and
[3] 
Demonstration by the applicant that the health and athletic membership club will be appropriate in the proposed location and will have no material adverse effect on existing or prospective conforming development, and the proposed site is adequate in size for the use.
(b) 
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(c) 
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(d) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Parking, loading and storage of vehicles regularly used in conjunction with the use made of the principal structure on the lot in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the ML District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 10,000 square feet.
(2) 
Maximum building coverage: 45%.
(3) 
Maximum development coverage: 70%.
(4) 
Minimum lot width: 75 feet.
(5) 
Minimum lot depth: 75 feet.
(6) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
10 feet
10 feet
Rear
10 feet
30 feet
Side
10 feet
30 feet
(7) 
Buffer:
(a) 
Front: 10 feet.
(b) 
Rear: 10 feet.
(c) 
Side: 10 feet.
(8) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[Added 4-21-2003 by L.L. No. 2-2003[1]]
A. 
Purpose and intent. The GC District is intended to provide for a mixture of commercial and light industrial uses. Operations must confine all nuisance characteristics, such as noise and odors, on site and include suitable screening for abutting properties.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Administrative, business and professional offices.
(b) 
Radio or television stations or studios.
(c) 
Printing and publishing.
(d) 
Indoor vehicle storage, service and repair garages, subject to the requirements set forth in Article V of this chapter.
(e) 
Building supply and lumber yards, but excluding secondhand lumber and junkyards, not to exceed 40,000 square feet of gross floor area . Outdoor storage shall comply with the applicable provisions of Article V of this chapter.
(f) 
The sale and rental of motor vehicles in accordance with the provisions for such as set forth in Article V of this chapter.
(g) 
Retail sales of bulk household items related to home improvement and maintenance, not to exceed 40,000 square feet of gross floor area, such as furniture, major appliances, carpeting, rugs, flooring, fireplace equipment, beds and bedding, pianos and organs, garage doors and similar bulk household items.
(h) 
Service establishments, with scheduled and/or restricted customer access, such as major appliance service, carpet and flooring service, garage door service, interior decorating service, cabinetmaking, and similar service uses.
(i) 
Personal service establishments.
(j) 
Hotels and motels.
(k) 
Counter drop-off dry cleaners and laundries, not to exceed 2,500 square feet of gross floor area.
(l) 
Laundromats or wash-and-folds, not to exceed 4,000 square feet of gross floor area.
(m) 
Physical training studios, in either classes or individual instruction format, including studios for dance, karate, fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses.
(a) 
Health and athletic membership clubs conducting leisure-time and recreation activities for use by members, customers or clients, on a periodic or seasonal basis, subject to the provisions of § 110-30J and 110-46 of this chapter, as well as the following:
[1] 
Submission at the time of application of a detailed exterior and interior layout plan and a schedule of activities and maximum capacities;
[2] 
Demonstration by the applicant that potential traffic generation shall be within the reasonable capacity of the existing or planned road or street providing access and that traffic circulation, exit and entrance drives are laid out to minimize traffic hazards and nuisances; and
[3] 
Demonstration by the applicant that the health and athletic membership club will be appropriate in the proposed location and will have no material adverse effect on existing or prospective conforming development and the proposed site is adequate in size for the use.
(b) 
Billiard parlors, subject to the requirements set forth in Article V of this chapter and of Chapter 45 of this Code.
(c) 
Educational and training facilities.
(d) 
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(e) 
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(f) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Parking, loading and storage of vehicles regularly used in conjunction with the use made of the principal structure on the lot in accordance with the provisions of Article IV of this chapter.
(b) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[2]]
[2]
Editor's Note: This local law also redesignated former Subsection B(3)(b) as Subsection B(3)(c).
(c) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the GC District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 40,000 square feet.
(2) 
Maximum building coverage: 50%.
(3) 
Maximum development coverage: 75%.
(4) 
Minimum lot width: 100 feet.
(5) 
Minimum lot depth: 100 feet.
(6) 
Minimum building setback:
Location
Lot Line Abutting Nonresidential District
Lot Line Abutting Residential District
Front
10 feet
20 feet
Rear
None required if buildings abut, but 10 feet if provided
50 feet
Side
15 feet
50 feet
(7) 
Buffer:
(a) 
Front: 10 feet.
(b) 
Rear: none required if buildings abut, but 10 feet if provided.
(c) 
Side: 10 feet.
(8) 
Maximum height of principal structure: three stories or 40 feet, whichever is less.
(9) 
Maximum building length: 160 feet.
[1]
Editor's Note: This local law replaced former § 110-25, MG General Manufacturing District.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The H District is intended to provide for acute and intermediate medical care and services.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Hospitals or clinics for humans.
(b) 
Medical education facilities.
(c) 
Extended-care facilities.
(2) 
Special permit uses.
(a) 
Dwellings owned and operated by the hospital or wholly owned affiliate thereof, which shall be utilized for one or more of the following:
[1] 
For persons employed by or on the staff of such hospital and principal uses, including nurses, students, interns, resident physicians, researchers and other personnel and their immediate families.
[2] 
For other families, provided that one family member in each unit is a person over the age of 62 years.
[3] 
For nonresidential administrative uses that are incidental to hospital operations.
(b) 
Parking structures serving principal and special permit uses, in accordance with the provisions of Article IV of this chapter and Subsection D of this section.
[Amended 2-9-2009 by L.L. No. 1-2009]
(c) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
[Added 11-19-2018 by L.L. No. 6-2018]
(3) 
Accessory uses.
(a) 
Customary accessory buildings and uses incidental to a hospital; provided, however, that said accessory buildings are arranged, designed and intended for incidental use.
(b) 
Off-street parking and loading, including public and private parking lots in accordance with the provisions of Article IV of this chapter.
(c) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018]
C. 
Development regulations. Each site in the H District shall be subject to the following development regulations:
(1) 
For residential uses.
(a) 
Minimum net lot area per dwelling unit: 3,125 square feet; however, six-story multifamily dwellings existing prior to the effective date of this chapter may have a minimum lot area of 900 square feet per dwelling unit.
(b) 
Maximum building coverage: 25%.
(c) 
Minimum lot depth: 100 feet.
(d) 
Minimum lot width: 100 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less, unless existing prior to the effective date of this chapter.
(f) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 30 feet.
[3] 
Side: 30 feet.
(g) 
Maximum building length: No building facade shall exceed a length of 160 feet.
(h) 
Buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(i) 
Minimum distance between two buildings. No two principal buildings shall be closer than the distance equal to the average height of the two principal buildings at the point where said buildings are nearest to each other.
(2) 
For all other permitted uses.
(a) 
Maximum height: Except as provided hereinafter, no part of any building shall be erected to a height in excess of 48 feet or four stories, except that a structure exceeding four stories or 48 feet in height but not exceeding 14 stories or 200 feet in height may be permitted by the Village Board after a public hearing and receipt by said Board of a report from the Fire Chief and Village Engineer that the Village has the ability to adequately supply water and appropriate pressure for adequate firefighting services to the proposed structure.
(b) 
Building setback.
[1] 
Minimum:
Location
Buildings 48 Feet in Height or Less
Buildings in Excess of 48 Feet in Height
Front
30 feet
60 feet
Rear
30 feet
120 feet
Side
30 feet
120 feet
[2] 
In addition, no part of any structure which exceeds four stories or 48 feet in height shall be erected within 120 feet from any lot held in ownership separate from that of the subject lot.
(c) 
Buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
D. 
Special development regulations for structured parking.
[Added 2-9-2009 by L.L. No. 1-2009]
(1) 
Applicability: These special regulations authorize and shall apply to a structured parking building that provides off-street accessory parking for two or more contiguous lots that are both owned by the same property owner, located within a single block, and one or more of such commonly owned contiguous lots is within an H District, and one or more of such commonly owned contiguous lots is located within a GR District. The specially permitted structured parking building shall provide some or all of the required accessory off-street parking for such commonly owned contiguous lots. The property owner of the commonly owned contiguous lots shall be required to record a deed restriction running with the land, in a form approved by the Village Attorney, requiring that the contiguous lots be held in single ownership by the same property owner so long as the specially permitted structured parking building remains on portions of both contiguous lots.
(2) 
Location: A single structured parking building may be erected on abutting portions of the commonly owned contiguous lots in the GR and H districts, and the structured parking building may cross such common lot lines and the common GR and H zoning district lines.
(3) 
Maximum height: 45 feet.
(4) 
Minimum building setback: No setback is required for the structured parking building from any lot line that is shared by the commonly owned contiguous lots in the H and GR districts on which the structured parking building is to be constructed.
(5) 
Buffer: No buffer is required for the structured parking building along any lot line that is shared by the commonly owned contiguous lots in the H and GR districts on which the structured parking building is to be constructed.
(6) 
Required parking: Nothing herein shall affect the number of off-street accessory parking spaces required to be provided for each of the lots served by the structured parking building.
(7) 
Other regulations: In the event of any conflict between the regulations in this Subsection D and any other regulations of the Zoning Law, the provisions of this Subsection D shall govern.
[Added 10-17-1988 by L.L. No. 5-1988; amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The R District is intended to provide for community centers and recreational services and programs of a public and quasi-public nature.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Principal uses.
(a) 
Public and quasi-public recreational facilities.
(b) 
Community centers.
(c) 
Parks and recreation programs.
(d) 
Government services.
(e) 
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(2) 
Accessory uses.
(a) 
Offices for the management and staff of the principal use.
(b) 
Off-street parking and loading, subject to the provisions of Article IV of this chapter.
(c) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(2)(c) as Subsection B(2)(d).
(d) 
Other customary accessory uses incidental to the principal use.
(3) 
Special permit uses.
[Added 11-19-2018 by L.L. No. 6-2018]
(a) 
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter.
C. 
Development regulations. Each site in the R District shall be subject to the following development regulations:
(1) 
Minimum net lot area: 10,000 square feet.
(2) 
Maximum building coverage: 30%.
(3) 
Maximum development coverage: 80%.
(4) 
Minimum lot width: 75 feet.
(5) 
Minimum building setback:
(a) 
Abutting a nonresidential lot:
[1] 
Front: 20 feet.
[2] 
Rear: six feet.
[3] 
Side: six feet.
(b) 
Abutting a residential lot:
[1] 
Front: 20 feet.
[2] 
Rear: 30 feet.
[3] 
Side: 30 feet.
(6) 
Buffer:
(a) 
Abutting a nonresidential lot:
[1] 
Front: 20 feet.
[2] 
Rear: 5 feet.
[3] 
Side: 5 feet.
(b) 
Abutting a multifamily lot: 20 feet.
(c) 
Abutting a one- or two-family lot: 40 feet.
(7) 
Maximum height of principal structure: two stories or 30 feet, whichever is less.
D. 
Additional regulations.
(1) 
The Planning Board may modify the required right-of-way and pavement widths for private roads serving the development if, on the basis of sound planning and engineering standards, it determines that the proposed widths are adequate and sufficient in size, location and design to accommodate the traffic, parking and loading needs it is anticipated they will bear and to provide adequate access to the proposed development for fire-fighting equipment and police or emergency vehicles.
(2) 
Buffers shall be designed to effectively limit the visibility of the development from surrounding uses and shall principally include areas left substantially in their natural state, although the Planning Board may require that portions of said buffer areas be landscaped with grass, trees, shrubs or other ground cover or treatment to effectively limit the visibility of the development from surrounding areas. No parking, loading or buildings shall be permitted in said buffer areas, with the exception of preexisting buildings, a gate or security house of not greater than 125 square feet in area and 15 feet in height and required utility structures designed to service the proposed development. Any new accessory structure located in a buffer area shall be permitted upon approval of the Planning Board.
(3) 
Significant ecological features, such as trees and stands of trees of significant size or character, streams and wetlands, shall be preserved and incorporated into the landscaping of the development to the maximum extent possible.
(4) 
Significant topographical features, such as steep slopes and large rock outcrops, shall be preserved, except where, in the judgment of the Planning Board, their alteration is necessary to create a satisfactory site plan.
(5) 
All utilities shall be installed underground or within buildings. Plans for water and sewer service shall be subject to approval by the Village Engineer. On-site drainage facilities shall be provided so as to minimize off-site flooding. Said drainage facilities shall also be subject to approval by the Village Engineer.
(6) 
If development is planned in stages, the Planning Board shall review and, if acceptable, approve the overall plan, as well as each stage, to assure that the staged development meets good planning and engineering standards.
(7) 
The development shall result in the preservation of open space having meaningful scenic, ecological and/or recreational characteristics, with its location, access, shape and dimensions suitable, in the judgment of the Planning Board, for the intended purposes.
[Added 10-21-1996 by L.L. No. 3-1996]
A. 
Purpose and intent. The Personal Wireless Service Facilities Overlay District is an overlay district intended to provide a suitable choice of locations for establishment, construction and maintenance of personal wireless service facilities.
B. 
Permitted uses. Except as specified in § 110-27H (Special permits for sites outside the Personal Wireless Service Facilities Overlay District), all new personal wireless service facilities, and all additions and/or modifications to currently existing personal wireless service facilities, shall be allowed only in the Personal Wireless Service Facilities Overlay District and only pursuant to a special permit issued by the Planning Board in accordance with the criteria set forth in this section and in § 110-46 of the Zoning Law.
C. 
Underlying zoning regulations. The requirements of the underlying zoning districts shall apply within the Personal Wireless Service Facilities Overlay District unless the provisions set forth in this section are deemed more stringent than the underlying requirements. All structures and facilities accessory to personal wireless service facilities, including but not limited to equipment sheds, parking areas, anchors, bases and pads, shall comply with the existing setback and dimensional regulations established for principal structures in the underlying zoning district, except for the height of a proposed tower or monopole.
D. 
Data requirements. Applicants for special permits shall file with the Village Clerk 3 copies and with the Planning Board 11 copies, of the following documents:
(1) 
Site plan. A site plan, in conformance with applicable site plan submission requirements contained in § 110-45 of the Zoning Law. The site plan shall show elevations, height, width, depth, type of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed personal wireless service facility and such other information that the Planning Board requires.
(2) 
Environmental Assessment Form. A completed Environmental Assessment Form ("EAF"), including the Visual EAF Addendum. Particular attention shall be given to visibility from key viewpoints identified in the Visual EAF Addendum, existing treelines and proposed elevations.
(3) 
Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences and materials used. For towers or monopoles, the landscape plan shall address the criteria set forth in § 110-27.1F(3).
(4) 
Documentation of proposed height. Documentation sufficient to demonstrate that the proposed height is the minimum height necessary to provide service to locations which the applicant is not able to serve with existing facilities within and outside the Village.
(5) 
Statement regarding colocation. For new personal wireless service facilities, a statement by the applicant as to whether construction of the facility will accommodate colocation of additional facilities for future users.
(6) 
Structural engineering report. A report prepared by a New York State licensed professional engineer specializing in structural engineering as to the structural integrity of the personal wireless service facility. In the case of a tower or monopole, the structural engineering report shall describe the structure's height and design, including a cross section of the structure, demonstrate the structure's compliance with applicable structural standards and describes the structure's capacity, including the number of antennas it can accommodate and the precise point at which the antenna shall be mounted. In the case of an antenna mounted on an existing structure, the structural engineering report shall indicate the ability of the existing structure to accept the antenna, the proposed method of affixing the antenna to the structure and the precise point at which the antenna shall be mounted.
(7) 
Engineering analysis of radio emissions. An engineering analysis of the radio emissions and a propagation map for the proposed personal wireless service facility. The analysis shall be prepared and signed by a New York State-licensed professional engineer specializing in electrical engineering with expertise in radio-communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the FCC which are in effect at the time of the application. If the proposed personal wireless service facility would be colocated with an existing facility, the cumulative effects of the facilities must also be analyzed. The power density analysis shall be based on the assumption that all antennas mounted on the proposed facility are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the antenna manufacturer.
(8) 
Map of proposed coverage and existing facilities. A map showing the area of coverage of the proposed facility and listing all existing personal wireless service facilities in the Village and bordering municipalities containing personal wireless service facilities used by the applicant, and a detailed report indicating why the proposed personal wireless service facility is required to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the Village, by colocation and otherwise.
E. 
Criteria for special permit applications. Applicants for special permits for establishment or construction of personal wireless service facilities shall meet all of the following criteria:
(1) 
Necessity. The proposed personal wireless service facility is required to provide service to locations which the applicant is not able to serve with existing facilities which are located within and outside the Village, by colocation and otherwise.
(2) 
Colocation. The colocation of existing personal wireless service facilities only within the Personal Wireless Service Facilities Overlay District shall be strongly preferred to the construction of new personal wireless service facilities. If a new site for a personal wireless service facility is proposed, the applicant shall submit a report setting forth in detail an inventory of existing personal wireless service facilities within the Personal Wireless Service Facilities Overlay District which are within a reasonable distance from the proposed facility with respect to coverage, an inventory of existing personal wireless service facilities in other municipalities which can be utilized or modified in order to provide coverage to the locations the applicant is seeking to serve and a report on the possibilities and opportunities for colocation as an alternative to a new site. The applicant must demonstrate that the proposed personal wireless service facility cannot be accommodated on an existing facility within the Personal Wireless Service Facilities Overlay District or on an existing facility in another municipality due to one or more of the following reasons:
(a) 
The proposed equipment would exceed the existing and reasonably potential structural capacity of existing and approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District, considering existing and planned use for those facilities.
(b) 
The existing or proposed equipment would cause interference with other existing or proposed equipment which could not reasonably be prevented or mitigated.
(c) 
Existing or approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District or in neighboring municipalities do not have space on which the proposed equipment can be placed so it can function effectively and reasonably, and the applicant has not been able, following a good-faith effort, to reach an agreement with the owners of such facilities.
(d) 
Other reasons make it impracticable to place the proposed equipment on existing and approved personal wireless service facilities within the Personal Wireless Service Facilities Overlay District on existing facilities in other municipalities.
(e) 
Service to the locations to which the applicant seeks to provide service cannot be provided by existing facilities within or outside the Village.
(3) 
Maximum height. Unless the FCC promulgates rules to the contrary or the applicant demonstrates to the satisfaction of the board granting the special permit that a greater height is necessary, the maximum height for a tower or monopole shall be 80 feet above ground level or the minimum height necessary to provide service to locations which the applicant is not able to serve with existing facilities within and outside the Village, whichever is less.
(4) 
Minimum lot size. The minimum lot size for a tower or monopole shall be equal to the square of twice the tower's or monopole's height, or the minimum lot size required by the underlying zoning district, whichever is greater.
(5) 
Setbacks. Unless the FCC promulgates rules to the contrary, all personal wireless service facilities shall be separated from all residential dwellings by a distance of no less than 500 feet. In no case shall a setback be less than 20 feet or the minimum setback required by the underlying zoning district, whichever is greater. The setback shall increase 100 feet for each 10 feet that the personal wireless service facility exceeds the maximum height set forth in the underlying zoning district. Setbacks from towers or monopoles shall be measured from the base of the structure.
(6) 
Security fencing. Security fencing, showing the location, materials and height, shall be provided around each tower or monopole to secure the site and provide an opaque banner. Access to the structure shall be through a locked gate.
(7) 
Architectural compatibility. Where a personal wireless service facility is to be attached to an existing building or structure, such facility shall be integrated into such existing building or structure in a manner which blends with the architectural characteristics of the building or structure to the maximum extent practicable.
(8) 
Placement. Unless wall-mounted on an existing roof-mounted mechanical enclosure or similar appurtenance, all antennas mounted on a roof shall be located so that visibility of the antenna is limited to the greatest extent practicable. Antennas wall-mounted on a roof mounted mechanical enclosure or similar appurtenance shall not exceed the height of the appurtenance at the point of installation.
F. 
Design guidelines. The proposed personal wireless service facility shall meet the following applicable design guidelines:
(1) 
Finish/colors. Towers or monopoles not requiring Federal Aviation Administration (FAA) painting or marking shall either have a galvanized finish or be painted gray or blue-gray above the surrounding treeline and gray, green or tannish brown below the surrounding treeline.
(2) 
Illumination. No signals, lights or illumination shall be permitted on personal wireless service facilities unless required by the FAA or other federal, state or local authority.
(3) 
Landscaping for towers or monopoles. For towers or monopoles, vegetative screening shall be provided to effectively screen the tower base and accessory facilities. At a minimum, screening shall consist of one row of native evergreen shrubs or evergreen trees capable of forming a continuous hedge at least five feet in height within two years of planting. Existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement toward meeting landscaping requirements. Additional screening may be required to screen portions of the structure from nearby residential property or important views. All landscaping shall be properly maintained to ensure good health and viability.
(4) 
Visibility. All personal wireless service facilities shall be sited to have minimum adverse visual effect on residential areas, parks or major roadways.
(5) 
Signage. Signage shall be prohibited on personal wireless service facilities except for signage to identify the facility which is located along the right-of-way frontage and is approved by the Architectural Review Board. Except as specifically required by a federal, state or local authority, no signage shall be permitted on equipment mounting structures or antennas.
G. 
Construction and maintenance.
(1) 
Time limit for completion. A building permit must be obtained within six months after approval of a special permit for a personal wireless service facility, and construction of such facility must be completed within 12 months of such approval. The special permit shall automatically expire in the event that the building department has not granted such permit and construction of the facility is not completed with the periods set forth above.
(2) 
Annual inspections.
(a) 
Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for structural integrity, and a copy of the inspection report shall be promptly transmitted to the Building Inspector. The structural inspection shall be performed by a New York State-licensed professional engineer specializing in structural engineering. The structural inspection report shall describe the structural integrity of the personal wireless service facility, maintenance issues and repairs needed or made, if any. In the event that the structural inspections indicates structural deficiencies, then the deficiencies must be remedied within the time reasonably set by the Building Inspector.
(b) 
Unless otherwise preempted by federal or state law, personal wireless service facilities, including towers, monopoles and antennas, shall be inspected annually at the applicant's expense for radio emissions, and a copy of the inspection report shall be promptly transmitted to the Building Inspector. Radio emission inspection shall be performed by a New York State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunication facilities. The radio emission inspection shall describe the power density levels of the electromagnetic energy generated from the facility, including the cumulative effects of colocated antennas. In the event that the radio emission inspection indicates that the electromagnetic energy generated from the facility are above the allowable limits stated within applicable FCC or ANSI standards or other applicable state or federal guidelines in effect at the time of the inspection, the applicant shall cease all use of the facility until such time as it proves to the satisfaction of the Building Inspector that the power density levels of the electromagnetic energy to be generated at the facility are below the applicable standards.
(3) 
Abandonment. In the event that the use of any personal wireless service facility has been discontinued by all operators on such facility for a period of 180 consecutive days or more, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Building Inspector, who shall have the right to request documentation from the owner/operator of the facility regarding usage thereat. Upon such abandonment, the owner/operator shall remove the facility at its own expense, and failing prompt removal, the Village may remove the facility at the owner/operator's expense. All special permits, variances and approvals of any nature granted by the Village shall automatically expire as of the date of abandonment of the facility.
H. 
Special permits for sites outside the Personal Wireless Service Facilities Overlay District. Personal wireless service facilities at sites outside the Personal Wireless Service Facilities Overlay District shall require a special permit from the Village Board if the site is located on Village-owned property and the Planning Board if the site is located on any other property, and shall be permitted only if a New York State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunication facilities establishes to the satisfaction of the approving agency all of the following:
(1) 
That the personal wireless service facility is needed to provide coverage to an area of the Village that currently has inadequate coverage and is of the minimum height and aesthetic intrusion necessary to provide that coverage;
(2) 
That coverage cannot be provided by a personal wireless service facility located within the Personal Wireless Service Facilities Overlay District;
(3) 
That all reasonable measures in siting the personal wireless service facility within the Personal Wireless Service Facilities Overlay District have been exhausted; and
(4) 
That technical and space limitations prevent location or colocation in the Personal Wireless Service Facilities Overlay District.
I. 
Alteration of an existing antenna. Alteration of an existing antenna which results in an increase in the size or height of the antenna shall be permitted only after application to the Planning Board which shall review the matter as if the alteration were an entirely new application for a special permit.
J. 
Exemptions. The following are exempt from the provisions of this section:
(1) 
Machines and equipment designed and marketed as consumer products such as walkie-talkies, ham radios not used commercial purposes, remote control toys and cellular phones;
(2) 
Hand-held, mobile, marine and portable radiocommunication transmitters and/or receivers;
(3) 
Two-way radios utilized for temporary or emergency service communications;
(4) 
Two-way radios utilized for government service communications;
(5) 
Back-up wireless transmitters connected to an alarm-monitoring service that transmits to a remote monitoring center in the event of ail emergency when the telephone lines are inoperable; and
(6) 
Over-the-air receive-only devices in compliance with FCC rules and standards.
[Added 4-21-2003 by L.L. No. 2-2003]
A. 
Purpose and intent. The PRD District is intended to permit the development of a creative arrangement of residential land uses; encourage innovative residential development plans that would meet the needs of senior citizens; provide abundant areas of open space and preserve, enhance or create environmental features and other scenic and ecological resources; and foster innovative, flexible and diversified types, designs and layouts of residential housing.
B. 
Permitted uses. No building or premises shall be used, and no building shall be erected, altered or added to, unless otherwise provided in this chapter, except for the following:
(1) 
Permitted principal uses.
(a) 
Detached one-family dwellings, not to exceed one such dwelling per lot.
(b) 
Detached two-family dwellings, not to exceed one two-family dwelling per lot.
(c) 
Attached one-family dwellings, on a single site in a clustered layout, not to exceed two dwelling units per building.
(2) 
Special permit uses.
(a) 
Senior housing, but not to include senior assisted living housing as defined in § 110-59, Definitions, and multifamily dwellings that concentrate buildings in specific areas to preserve natural site features and substantially contiguous open spaces.
(b) 
Places of religious worship, including parish houses, churches, rectories and the like and also including religious schools.
(3) 
Accessory uses.
(a) 
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b) 
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions of Article V of this chapter.
(c) 
Customary home gardens.
(d) 
The keeping of a reasonable number of common household pets, but excluding the commercial breeding or boarding of the same.
(e) 
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use, and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
(f) 
Additional customary accessory uses incidental to residential developments, such as:
[1] 
Living facilities for the management, maintenance or security personnel of the development. These living facilities shall be included in the total dwelling unit count for the development.
[2] 
Maintenance, security or utility structures serving the specific needs of the development.
[3] 
Recreation buildings or uses serving the specific needs of the development, excluding indoor tennis buildings, air-supported structures or other such large recreation buildings.
(g) 
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L. No. 6-2018]
C. 
Development regulations.
(1) 
Detached one- and two-family dwellings shall be arranged and comply with the following development standards:
(a) 
Minimum net lot area: 22,500 square feet.
(b) 
Maximum building coverage: 25%.
(c) 
Maximum development coverage: 40%.
(d) 
Minimum lot width: 150 feet.
(e) 
Minimum lot depth: 150 feet.
(f) 
Minimum building setback:
Location
From Single-Family
From Multifamily
Front
25 feet
25 feet
Rear
30 feet
30 feet
Side
20 feet
10 feet
(g) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
(2) 
Attached one-family dwellings on a single site in a clustered layout shall be arranged and comply with the following development standards:
(a) 
Lot and bulk.
[1] 
Minimum gross site area: two acres.
[2] 
Minimum net area per dwelling unit: 15,000 square feet.
[3] 
Minimum distance between any two principal buildings: 30 feet as measured between the closest points of both structures.
[4] 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
[5] 
Maximum development coverage: 35%.
[6] 
Site perimeter buffer abutting a nonresidentially zoned lot or municipal boundary:
[a] 
Front: 10 feet.
[b] 
Rear: 10 feet.
[c] 
Side: 10 feet.
[7] 
Buffer abutting a residentially zoned lot:
From Single-Family
From Multifamily
50 feet
25 feet
(b) 
Minimum open space area: 50% of the gross site area shall be designated as open space and comply with the provisions listed in § 110-27.3D and E. Open space shall not include the area covered by any buildings or other impervious surfaces, including roadways. Such open space shall be substantially contiguous and may include wetlands, steep slopes and buffers.
(c) 
If development is planned in stages, the Planning Board shall review and, if acceptable, approve the overall plan, as well as each stage, to assure that the staged development meets good planning and engineering standards.
(3) 
Special permit senior housing and multifamily dwellings shall comply with the following:
(a) 
Lot and bulk.
[1] 
Minimum gross lot area: two acres.
[2] 
Maximum building coverage: 25%.
[3] 
Maximum development coverage: 65%.
[4] 
Minimum lot width: 100 feet.
[5] 
Minimum lot depth: 100 feet.
[6] 
Minimum building setback from residentially zoned lot:
[a] 
Front: 30 feet.
[b] 
Rear: 30 feet.
[c] 
Side: 30 feet.
[7] 
Minimum building setback from nonresidentially zoned lot:
[a] 
Front: 10 feet.
[b] 
Rear: 10 feet.
[c] 
Side: 10 feet.
[8] 
Maximum height of principal structure: 52 feet.
[Amended 6-1-2009 by L.L. No. 2-2009]
[9] 
Maximum building length: 150 feet; provided, however, that the Planning Board may allow a building specifically designed as senior enriched/independent-living housing (as defined in § 110-59 of the Zoning Code) in excess of 150 feet, and no more than 575 feet, provided that landscaping, screening and building design treatments are included to address any visual and aesthetic concerns related to the building length exceeding 150 feet.
[Amended 6-1-2009 by L.L. No. 2-2009]
[10] 
Buffer abutting a nonresidentially zoned lot:
[a] 
Front: 10 feet.
[b] 
Rear: 20 feet.
[c] 
Side: 20 feet.
[11] 
Buffer abutting a residentially zoned lot:
From Single-Family
From Multifamily
50 feet
25 feet
(b) 
Minimum open space area: 20% of the gross site area shall be designated as open space and comply with the provisions listed in § 110-27.3D and E. Open space shall not include the area covered by any buildings or other impervious surfaces, including roadways. Such open space shall be substantially contiguous and may include wetlands, steep slopes and buffers.
(4) 
Places of religious worship, including parish houses, rectories and the like and also including religious schools, shall comply with the following:
(a) 
Maximum building coverage: 25%.
(b) 
Maximum development coverage: 40%.
(c) 
Minimum building setback:
[1] 
Front: 30 feet.
[2] 
Rear: 50 feet.
[3] 
Side: 50 feet.
(d) 
Minimum buffer:
[1] 
Front: 20 feet.
[2] 
Rear: 20 feet.
[3] 
Side: 20 feet.
(e) 
Maximum height of principal structure: 2 1/2 stories or 35 feet, whichever is less.
D. 
Additional regulations for all uses.
(1) 
All utilities shall be installed underground or within buildings. Plans for water and sewer service shall be subject to approval by the Village Engineer. On-site drainage facilities shall be provided so as to minimize off-site flooding. Said drainage facilities shall also be subject to approval by the Village Engineer.
(2) 
Principal ingress and egress directly to a major street shall be provided. Secondary access to other roads shall be permitted, provided that said access is utilized primarily for emergency purposes and not for access or egress to the principal use or the site.
(3) 
The Planning Board may modify the required right-of-way and pavement widths for private roads serving the development if, on the basis of sound planning and engineering standards, it determines that the proposed widths are adequate and sufficient in size, location and design to accommodate the traffic, parking and loading needs of the proposed development and to provide adequate access for fire-fighting equipment and police or emergency vehicles.
(4) 
Buffer areas.
(a) 
Required buffers shall be designed to effectively limit the visibility of the development from surrounding uses and shall principally include areas left substantially in their natural state, although the Planning Board may require that portions of said buffer areas be landscaped with grass, trees, shrubs or other ground cover or treatment to effectively limit the visibility of the development from surrounding areas.
(b) 
No parking, loading or buildings shall be permitted in said buffer areas, with the exception of preexisting buildings; a gate or security house of not greater than 125 square feet in floor area and 15 feet in height; and required utility structures designed to service the proposed development.
(c) 
The minimum depth of said buffer area may be reduced where deemed appropriate by the Planning Board under site plan approval, provided that:
[1] 
The uses on each side of the subject common property line are generally compatible in nature; and
[2] 
The reduction in buffer depth will protect sensitive environmental features elsewhere on the site; and
[3] 
The reduction in buffer depth will protect adjacent residential or other development elsewhere off the site; and
[4] 
The reduction in buffer depth will not have an adverse impact on any adjacent residential or other development; and
[5] 
The reduction in buffer depth will not result in an increase in the density of the project.
E. 
Additional open space regulations for attached one-family dwellings on a single site in a clustered layout, senior housing and multifamily dwellings.
(1) 
The development shall result in the preservation of open space having meaningful scenic, ecological and/or recreational characteristics, with its location access, shape, and dimensions suitable, in the judgment of the Planning Board, for the intended purposes.
(2) 
The preservation of such open space shall be permanently assured by means of the filing of covenants and restrictions and/or scenic easements on the land. In addition, such land shall be conveyed to one of the following:
(a) 
A private land trust that assures the permanent preservation of such land as open space; or
(b) 
An association of all property owners within the development, established in accordance with applicable law.
(3) 
All legal agreements and documents pertaining to the establishment of any trust or association and to the preservation and protection of all open space shall be subject to approval by the Planning Board of the Village of Mt. Kisco. The Village may require any additional conditions, agreements or documents which it deems necessary to ensure the completion of all improvements, the establishment of and continuity of the trust or association and the preservation and protection of all open space.
(4) 
Significant ecological features, such as trees and stands of trees of significant size or character, streams and wetlands, shall be preserved and incorporated into the landscaping of the development to the maximum extent possible.
(5) 
Significant topographical features, such as steep slopes and large rock outcrops, shall be preserved, except where, in the judgment of the Planning Board, their alteration is necessary to achieve a satisfactory site plan.
[Added 4-29-2019 by L.L. No. 1-2019]
A. 
Purposes. The Downtown Overlay District provides an option to developers that is intended to:
(1) 
Encourage new traditional mixed-use downtown development and redevelopment to occur within the downtown area that is consistent with historic town development patterns and provides a scale and mix of uses appropriate for the Village/Town of Mount Kisco;
(2) 
Encourage mixed-use real estate development oriented to the rail station, and that promotes transit ridership;
(3) 
Promote well-integrated residential, commercial, office and civic development in close proximity to the local transit station that has an urban village scale development pattern;
(4) 
Support new development that includes diverse pedestrian-compatible, higher-density, transit-friendly designs and expands economic development opportunities and minimizes distances between destinations by requiring linked sidewalks and pedestrian-oriented access;
(5) 
Provide incentives for the creation of mixed uses in keeping with the character, scale and architecture of the neighborhood, while using development design guidelines to promote compatibility of uses and stimulate pedestrian activity;
(6) 
Promote the livability and identity of the neighborhood by providing for dwellings, shops and workplaces in close proximity to each other;
(7) 
Enhance the visual character and physical comfort of the district by minimizing pedestrian and vehicular conflicts and encouraging the renovation and erection of buildings and storefronts that provide direct connections to the street and sidewalk;
(8) 
Discourage the dependence on automobile use, thereby reducing traffic congestion and promoting alternative modes of transportation;
(9) 
Encourage the development of shared parking and attractive, convenient off-street parking facilities to reduce on-street congestion and facilitate vehicular and pedestrian circulation; and
(10) 
Provide for efficient pedestrian, bicycle and vehicular circulation, with an emphasis on avoiding automobile-centric sprawling commercial development.
B. 
Definitions.
(1) 
Note: Any item not defined in § 110-27.4B shall take the definition from § 110-59. Where there is a discrepancy between definitions in § 110-27.4B and § 110-59, development in the Downtown Overlay District shall take the definition in § 110-27.4B.
(2) 
As used in this section, the following terms shall have the meanings indicated:
ACTIVE EDGE
The required maximum separation distance between doors facing the public frontage as measured from the center of each doorway.
ACTIVE FRONTAGE
A private frontage requiring a minimum glazing area and frequency of doorways to promote visibility and activity along certain streets and locations as designated for the Downtown Overlay District.
BUILD-TO-LINE
A line parallel to the street right-of-way which defines the portion of the build-to-zone closest to a street.
BUILD-TO-ZONE
The portion of a lot where all or part of the front building facade is required to be located, between the build-to-line and a line parallel to the build-to-line within the lot.
CIVIC SPACE
An area of open space accessible by the public, immediately adjacent and contiguous to a public frontage in the form of a square, green or courtyard.
110 Civic Space.tif
110 Open Space.tif
DOWNTOWN OVERLAY DISTRICT DEVELOPMENT
A development of land that conforms to § 110-27.4 and is located within the Downtown Overlay District overlay zone.
EDGING ELEMENTS
See § 110-27.4G(1).
FRONTAGE OCCUPANCY
The percentage of the site frontage that must be occupied by a building facade for a specified minimum height and built within the build-to-zone.
FRONTAGE, PRIMARY
Frontage facing the street type with the highest designation, with "A" being the highest and "B" being the lowest.
FRONTAGE, PRIVATE
The area within a site between the build-to-line and a line parallel to it that is 20 feet behind the build-to-line. Private frontage may be in private or public ownership depending upon the ownership of the site on which it is located, but it is not located within the public right-of-way.
FRONTAGE, PUBLIC
The area located between the face of curb and the build-to-line as defined or the Downtown Overlay District and corresponding street type or civic space designations. The public frontage is comprised of sidewalk zones termed "landscape and furnishing zone," "pedestrian throughway zone" and "transition zone."
FRONTAGE, SITE
The total length of a site fronting on each street, measured in linear feet at the build-to-line.
FRONTAGE TRANSITION ZONE
The portion of the public frontage between the build-to-line and the pedestrian throughway, allowing for building fixtures (e.g., lighting, signage, projected architectural moldings), movable planters, and signage boards.
LANDSCAPE AND FURNISHING ZONE
The area of sidewalk between the curb and pedestrian throughway zone designated as the primary location for street trees, street furniture and light standards.
LINER BUILDING
A building designed to screen a parking lot or parking structure from a build-to-zone, street or civic space.
LIVE-WORK
A building which includes a combination of dwelling units and retail and/or artisan production facilities in excess of what is allowed as a home-based business.
MIXED-USE
A building or site designed for and containing more than one of the uses permitted on the site.
PARAPET LINE
A continuous horizontal projection for most of a facade. The parapet, like the eave line, can be a designated location for measure of building height.
PARKING STRUCTURE
A building containing one or more stories of parking above or below grade.
PEDESTRIAN THROUGHWAY
An area within the sidewalk that must remain clear of obstructions to allow public passage.
PEDESTRIANWAY
A pedestrian walkway providing common access between buildings, streets, civic spaces and parking areas, which may be open or roofed.
PRINCIPAL BUILDING
The primary and largest building on a lot, usually located toward the primary frontage.
PRINCIPAL ENTRANCE
The main point of access for pedestrians into a building.
PRIVATE FRONTAGE
See "frontage, private."
STEPBACK
A portion of a building set back above the street wall before the total height of the building is achieved. The position of the stepback is controlled by a specified distance from the street wall.
STOREFRONT
A private frontage type primarily for retail use, with substantial glazing, wherein the facade is aligned close to the front lot line with the building entrance at sidewalk grade.
110 Storefront Design Stds.tif
STREET FRONTAGE
The lot line facing a street right-of-way which may be designated with a street type in the Downtown Overlay District Plan.
STREET FURNITURE
Public amenities, such as benches, bike racks, trash cans, clocks and bollards, when located in and adjacent to the public sidewalks improve pedestrian comfort, convenience and safety.
STREET, PRIVATE
A traveled public way and the public frontage on either side of the traveled way, bounded by build-to-lines or lot lines on both sides, but not dedicated to the municipality, and privately maintained by the property owner.
STREET, PUBLIC
The public right-of-way, encompassing the traveled way and the public frontage on either side of the traveled way, bounded by build-to-lines or lot lines on both sides of the public right-of-way.
STREET WALL
The building wall or walls aligned along a sidewalk at a specified minimum height, facing a street to form a pedestrian experience with sidewalks and street enclosures.
110 Street Wall.tif
TRAVELED WAY
The portion of a street between the curbs and available for use by vehicles, bicycles and other forms of transportation.
110 Street Sections.tif
C. 
Overlay District.
(1) 
Overlay District. The Downtown Overlay District shall be an overlay zoning district to the existing zoning districts. An alternative set of dimensional, use, and regulatory standards shall apply to Downtown Overlay District developments providing design, site layout, and general performance standards for new development that allows better market flexibility. If an applicant chooses to utilize these optional standards, then all of the requirements of this § 110-27.4 shall apply. All of the provisions of the underlying zoning districts shall remain in full force, except where modified by the Downtown Overlay District provisions, procedures and requirements.
(2) 
Form-based development. Site plan approval shall be granted for a form-based development only if the applicant proves that the following minimum requirements will be met, in addition to other applicable Village Code requirements. The Planning Board may grant a modification from any of these requirements to facilitate good design and accommodate specific site conditions.
(3) 
Site platting. All existing and proposed buildings will be platted on their own lot for planning and dimensional compliance purposes regardless of the final structure of ownership. Rights-of-way shall be shown for all streets and alleys created as part of a Downtown Overlay District development whether or not said streets are intended for public dedication. Condominium form of ownership and multiple building uses are permitted, but each individual lot shall be laid out so that the dimensional requirements are met. However, the actual lot lines do not need to be legally established.
(4) 
Street standards. The Planning Board shall have the authority to grant variances and waivers to the standards of Chapter 94, Subdivision of Land, according to § 94-22, which may include reduced street cartway widths, street right-of-way widths and street curve radii, when properly justified by the applicant and that result in a development that is pedestrian-oriented and that promotes low-speed traffic.
(5) 
Access controls. As part of the site plan approval process, the applicant shall prove that the development involves a fully coordinated interior traffic access system that minimizes the number of streets and driveways entering onto a state or Village-owned road.
(6) 
General development standards.
(a) 
General principles and intent.
[1] 
The Downtown Overlay District Plan should be used to guide the placement of buildings and thoroughfares to create connected networks of streets, sidewalks, civic spaces and pedestrianways.
[2] 
The Downtown Overlay District areas establish community patterns designed to respect and guide the building forms and the landscape character of this district.
[3] 
Buildings and landscaping should be designed to create a sense of enclosure for both streets and civic spaces as places for pedestrian experiences at the human scale.
[4] 
Building frontages should be designed with the pedestrian in mind to integrate traveled ways, on-street parking, a landscape and furnishing zone, a pedestrian throughway and a transition zone to meet active building frontages that typically include signage, seating areas, and storefronts.
[5] 
Development should be designed to accommodate automobiles while respecting the pedestrian and spatial form of civic places.
(7) 
Preexisting nonconformity.
(a) 
The Downtown Overlay District and associated regulations are optional and only apply to development sites that opt into the overlay. All other sites are governed by the underlying zoning that is currently in place.
(b) 
In the event that a property owner chooses to opt into the overlay as part of adaptive reuse of an existing building, the portion of the development that is existing as of adoption of this section is not required to comply with the Downtown Overlay District as long as it complies with the underlying zoning. Any new construction or substantial renovation, even if associated with adaptive reuse of an existing structure, must comply with the Downtown Overlay District if the development site opts in to the Downtown Overlay District.
(c) 
In the event that a property owner chooses to opt in to the overlay as part of adaptive reuse of an existing building, and where the existing building represents either a nonconforming use and/or nonconforming building, the treatment of the nonconformity shall be subject to compliance with Article VI, § 110-34 and/or Article VI, § 110-35 of this Code.
D. 
Downtown Overlay District Plan.
(1) 
The Downtown Overlay District Plan defines the important subareas within the overlay district and specifies performance and dimensional standards relating to building form and use to achieve the purposes of this chapter. The Downtown Overlay District Plan adopted herewith shall have the same force and effect as the overall Mount Kisco Zoning Map as it applies to overlay district areas. The Downtown Overlay District Plan creates the following subareas with specific standards relating to buildings and improvements in these subzones:
110 Downtown Overlay District Plan.tif
(a) 
Downtown Area.
(b) 
Main Street Area.
(c) 
Neighborhood Preservation Area.
(d) 
Greenway Area.
(2) 
Boundaries of Downtown Overlay District Plan areas. To enable flexibility and good site design, buildings constructed as part of a Downtown Overlay District development may be built across the boundaries of Plan areas, provided that they comply with the design, dimensional and form standards of the area where that portion of the building is located.
110 Downtown Overlay District Plan Areas.tif
(a) 
Downtown Overlay District Plan Area Tile 1.
T1
110 DODPA Tile 1.tif
(b) 
Downtown Overlay District Plan Area Tile 2.
T2
110 DODPA Tile 2.tif
E. 
Building standards; permitted uses and development standards; parking requirements.
(1) 
Building frontage standards.
110 Bldg Frontage Stds.tif
The build-to-zone is the designated area where front building facades shall be placed to create a continuity of street wall.
(a) 
Frontage elements. The combination of the private frontage, public frontage, the traveled way, and the associated edging elements (See § 110-27.4G.) defines the character of the street. The character of the private frontage is defined by the architectural treatment and use of the ground floor, dimensional depth of the visible yard and the combination of the frontage edging elements. The private frontage provisions of this section regulate both form and use.
(b) 
Build-to-line. The build-to-line defines the portion of the build-to-zone closest to a street, and therefore regulates the frontage standards.
(c) 
Downtown Overlay District. The Downtown Overlay District establishes build-to-lines and build-to-zones to establish a continuous street wall consistent with the desired settlement pattern for this downtown mixed-use and commercial area.
(d) 
Build-to-line placement. The build-to-line shall be set parallel to the property line for a distance regulated by the street type in § 110-27.4.E(2) as designated by the Downtown Overlay District Plan in § 110-27.4D.
(e) 
Front building wall. All new buildings located within the Downtown Overlay District shall place the front building wall adjacent to A streets or B streets within the build-to-zone for a minimum frontage occupancy [See § 110-27.4F(4).], but no closer to the street than the build-to-line, except where a civic space or public green space is designated to permit a greater setback along a portion of the frontage. The build-to-line shall be no more than 20 feet from the face of curb unless a civic space is approved by the Planning Board.
(f) 
Building facade variation. The build-to-zone allows building entrance alcoves and expanded sidewalk area for outdoor dining, building facade articulation, inclusion of projected and/or recessed building elements, and building alignment with existing neighboring buildings.
(g) 
Private frontage depth. The private frontage shall extend 20 feet into the site from the build-to-line. The private frontage may, in certain circumstances, limit the placement of residential uses on the street level and may limit the placement of parking structures on a site.
(h) 
Storefront depth. Storefronts when encouraged in the Downtown Overlay District in § 110-27.4D shall occupy the full depth of the private frontage and, when located on corner site, the storefront shall wrap the corner onto the side street for a minimum of 20 feet.
(i) 
Storefronts encouraged. Storefronts and glazing as described in § 110-27.4F and F(6) are encouraged on all new or renovated buildings fronting on streets, pedestrian passages or civic spaces designated as Storefront Encouraged in the Downtown Overlay District.
(2) 
Building placement standards.
(a) 
Regulated streets. A build-to-line shall be designated on all lots with street frontages facing A streets or B streets.
110 Parking Placement Area.tif
[1] 
The build-to-line on an A street shall be parallel to the front property line and a minimum of 12 feet zero inches from the face of curb.
110 Bldg Placement Stds.tif
Build-To-Line Placement on A Streets
[2] 
The build-to-line on a B street shall be parallel to the front property line and a minimum of six feet zero inches from the face of curb.
110 Bldg Placement Stds2.tif
Build-To-Line Placement on B Streets
(b) 
Streetscape requirements. The applicant shall provide a sidewalk and streetscape elements as required in § 110-27.4H.
(c) 
Pedestrianway. When a secondary building is proposed at the rear of a lot on an A street or B street, a pedestrianway shall be provided to connect sidewalks through lots to each other and with parking areas according to the standards established in § 110-27.4.H(2)(b).
(d) 
Front wall placement. Structural elements of a front building facade shall be located within the build-to-zone.
(e) 
Primary facade and entry. Primary building facade and primary entrance shall address the street of higher importance with A streets as the highest, as approved by the Planning Board.
(3) 
Building form standards.
(a) 
Form standards. Sites and buildings shall comply with the minimum and maximum standards designated on the table below.
Table of Building Form Standards
Area
Minimum Site Area
(square feet)
Minimum Site Frontage at Build-To-Line
(feet)
Minimum Building Height When a Building is Present
(stories)
Maximum Building Height
(stories/feet)
Stepback Required
Downtown Area
7,500
50
2
4/50
Building height 42 feet maximum at build-to-zone with 10-foot stepback
Main Street Area
5,000
50
1
3.5/45
Building height 37 feet maximum at build-to-zone with 10-foot stepback
Neighborhood Preservation Area
2,000
20
2
3/40
None required
(4) 
Building stepback. Buildings in the Downtown Area of a height greater than 42 feet and buildings in the Main Street Area of a height greater than 37 feet shall provide a building stepback of at least 10 feet zero inches within the build-to-zone; however all remaining areas of the site may occupy the area up to the maximum building height.
110 Bldg Stepback.tif
Section of Required Building Stepback for Downtown Area and Main Street Area
(5) 
Permitted uses and site development standards.
(a) 
Permitted uses. The following principal uses are permitted within the Downtown Overlay District in addition to uses allowed by the underlying zoning. Special permit and accessory uses remain as per the underlying zoning district.
[1] 
Downtown and Main Street Areas:
[a] 
Multifamily residential and townhomes.
[b] 
Live-work residential units.
(b) 
Development regulations. The following site development requirements take precedence over those in the underlying zoning districts.
[1] 
Downtown Area.
[a] 
Maximum building coverage: 80%.
[b] 
Maximum development coverage: 90%.
[c] 
Minimum building setbacks:
[i] 
Front yard. Front building walls shall be located within the build-to-zone according to the minimum frontage occupancy required.
[ii] 
Rear yard: 20 feet minimum from lot lines.
[iii] 
Side yard: no side yard setback is required.
[2] 
Main Street Area.
[a] 
Maximum building coverage: 75%.
[b] 
Maximum development coverage: 90%.
[c] 
Minimum building setbacks:
[i] 
Front yard. Front building walls shall be located within the build-to-zone according to the minimum frontage occupancy required.
[ii] 
Rear yard: 20 feet minimum from lot lines.
[iii] 
Side yard: no side yard setback is required.
[3] 
Neighborhood Preservation Area.
[a] 
Maximum building coverage: 50%.
[b] 
Maximum development coverage: 80%.
[c] 
Minimum building setbacks:
[i] 
Front yard: five feet.
[ii] 
Rear yard: 20 feet.
[iii] 
Side yard: six feet minimum one side; 16 feet total.
[4] 
Greenway Area.
[a] 
Within the Greenway Area, the underlying requirements of the Preservation District shall apply.
(c) 
Station Area development bonus. In recognition of the public benefits and high costs of maintaining public parking on land adjacent to the Mount Kisco Train Station Area, applicants that provide 100% replacement of existing public parking spaces on Parcels 69.80-6-5 and 69.73-2-20 (South Moger Lot and North Moger Lot) may be permitted one additional story, an additional 10 feet of maximum building height and 10 feet of stepback height on that portion of Parcel 69.73-2-20 (North Moger Lot) located within 250 feet of East Main Street. To achieve this bonus, existing public parking spaces may be replaced in aggregate between the two parcels. It is not a requirement to provide the same number of parking spaces within each individual parcel.
(6) 
Parking requirements.
(a) 
Permitted uses shall provide the minimum required parking as specified in § 110-28, except as may be modified herein.
[1] 
On-street parking. For sites fronting on a street with publicly accessible on-street parking, on-street parking spaces immediately contiguous to the front lot lines shall provide credit towards fulfilling off-street nonresidential parking requirements.
[2] 
Residential uses. Multifamily residential (townhouses, flats, garden apartments and high-rise apartments): one parking space per dwelling unit plus 0.25 parking space per bedroom.
[3] 
Location and setback.
[a] 
No above-grade off-street parking shall be located closer than four feet zero inches from the build-to-line on an A or B street.
Parking Placement
Minimum Parking Setback from Build-To-Line
A streets
4 feet, except 0 feet for parking stories entirely below street level
B streets
4 feet, except 0 feet for parking stories entirely below street level
[b] 
No parking structure shall be located within the private frontage of an A street; however below-grade parking shall be permitted within the private frontage, provided that it is entirely below the sidewalk elevation.
[c] 
All off-street parking shall be screened by landscaping compliant with § 110-27.4H(4) or lined by buildings.
[d] 
No off-street parking shall be allowed closer to the street than the closest building along that street frontage and within the build-to-zone.
110 Parking Placement Area2.tif
Plan Diagram of Parking Placement Area
F. 
Private frontage types.
(1) 
Permitted private frontage types.
(a) 
Buildings located along A streets, B streets, pedestrian passages and sites designated as "active frontages" on the Downtown Overlay District Plan shall comply with the standards of those permitted frontage types according to this table.
(b) 
Where the Downtown Overlay District designates a private frontage as "active frontage required," or if a private frontage is being provided in an area designated as "storefront encouraged," the area designated must comply with one or more of the permitted private frontage types.
(c) 
For those permitted private frontage types selected, the depth of the build-to-Zone shall comply with the dimension designated in the following table. See §§ 110-27.4F(6) through 110-27.4F(12) for definitions of permitted frontage types.
Permitted Frontage Types
Street Types
Store-front1
Urban
Park
Stoop
Porch
Fore-court
Pedestrian Passage
FR-1
FR-2
FR-3
FR-4
FR-5
FR-6
FR-7
A street
P
P
X
P
P
P
P
B street
P
P
X
P
P
P
P
Active frontage required
P
P
X
P
P
P
P
Pedestrian passage
P
P
X
P
P
P
P
Build-to-zone depth from the build-to-line
5 feet 0 inches
10 feet 0 inches
KEY:
P
Permitted
X
Not permitted, except permitted where a Greenway Area adjoins an A street, B street or pedestrian passage
FR
Frontage
NOTES:
1
See Downtown Overlap District Plan § 110-27.4E to determine where storefront frontage is encouraged.
(2) 
Build-to-zone for commercial frontages.
(a) 
Minimum frontage occupancy. All buildings facing A or B streets or pedestrian passages shall occupy a minimum frontage occupancy percentage within the build-to-zone according to § 110-27.4F(4) for each frontage.
110 Storefront Frontage.tif
Street Frontages Showing a Typical Five-Foot Build-To-Zone for FR-1 Storefront Frontage and FR-2 Urban Frontage
110 Storefront Frontage Street Diagram.tif
Plan Diagram Showing Examples of Building Placements for FR-1 Storefront Frontage and FR-2 Urban Frontage With Five-Foot Build-To-Zone
(3) 
Build-to-zone for residential frontages.
110 Res Frontages.tif
Street Frontages Showing Typical Ten-Foot Build-To-Zone for FR-4 Stoop, FR-5 Porch, and FR-6 Forecourt Frontages
110 Res Frontage Street Diagram.tif
Plan Diagram Showing Examples of Building Placements for FR-4 Stoop, FR-5 Porch, and FR-6 Forecourt Frontages With Ten-Foot Build-To-Zone
(4) 
Minimum frontage occupancy.
(a) 
To satisfy frontage occupancy requirements, the face of the building for the required minimum approved height and length of the building shall occupy the build-to-zone. However, no more than the allowed maximum building height at the face of the building shall occupy the build-to-zone. Corner sites on A or B streets shall have two private frontages.
(b) 
Buildings located on A streets, B streets and pedestrian passages shall comply with the minimum frontage occupancy requirement according to the table below and the percentage as calculated by measuring the building face located within the build-to-zone divided by the site frontage for each street frontage.
Minimum Frontage Occupancy Required
Street Types
Store-front1
Urban
Park
Stoop
Porch
Fore-court
Pedestrian Passage
FR-1
FR-2
FR-3
FR-4
FR-5
FR-6
FR-7
A street
60%
60%
X
60%
60%
60%
X
B street
X
X
X
X
X
X
X
Pedestrian passage
60%
60%
X
60%
60%
60%
Not applicable
KEY:
X
No minimum required
NOTES:
1
See Downtown Overlay District Plan § 110-27.4D to determine where storefront frontage is encouraged. Residential uses are not permitted on the ground floor within the private frontage area when storefronts are used or encouraged. However, common areas of residential and hospitality building (e.g., lobbies, gyms and similar spaces servicing the primary use) may occupy the ground floor private frontage area of a storefront frontage as long as it complies with active edge requirements.
(5) 
Frontage occupancy.
110 Frontage Occupancy Diagram.tif
Build-To-Zone and Frontage Occupancy Diagram
(6) 
Storefront frontage.
FR-1
(a) 
Storefront frontage FR-1 defines a private frontage designed to promote commerce and merchandising along a street, with a required minimum glazing area and an active edge with frequent doorways.
110 Storefront Frontage Example.tif
Storefront Frontage Example
110 Storefront Reqs.tif
Storefront Requirements
(b) 
Private frontage.
[1] 
Active edge required; door separation distance: 50 feet maximum.
[2] 
Allowed frontage edging elements.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-6
 
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[3] 
Glazing requirement. A minimum of 65% of the street-level, street-facing building area located between two feet and 10 feet above the sidewalk shall provide clear, nonreflective glass.
[4] 
Function of the build-to-zone (BTZ).
110 Storefront Frontage BTZ.tif
Storefront Frontage Build-To-Zone
[a] 
Allows for entrance alcoves and expanded sidewalk area for outdoor dining.
[b] 
Allows for facade articulation and inclusion of recessed building elements.
[c] 
Allows for alignment with existing neighboring buildings.
[d] 
Prohibits garage doors within the build-to-zone for individual private garages.
(7) 
Urban frontage.
FR-2
(a) 
Urban frontage FR-2 defines a private frontage designed to promote visibility and transparency of ground floor uses along a street, with a required minimum glazing area and an active edge with frequent doorways.
110 Urban Frontage Diagram.tif
Urban Frontage Diagram
(b) 
Private frontage.
[1] 
Active edge required; door separation distance: 50 feet maximum.
[2] 
Allowed frontage edging elements.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-6
 
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[3] 
Glazing requirement. A minimum of 40% of the street-level, street-facing building area located between two feet and 10 feet above the sidewalk shall provide clear, nonreflective glass.
[4] 
Function of the build-to-zone (BTZ).
110 Urban Frontage BTZ.tif
Urban Frontage Build-To-Zone
[a] 
Allows for entrance alcoves.
[b] 
Allows for facade articulation and inclusion of recessed building elements.
[c] 
Allows for alignment with existing neighboring buildings.
[d] 
Prohibits garage doors within the build-to-zone for individual private garages.
(8) 
Park frontage.
FR-3
(a) 
Park frontage FR-3 defines the edge of Greenway Areas by placing landscaping, furnishings, pedestrianways and lighting as a transition to parking lots and buildings.
110 Park Frontage.tif
Park Frontage
(b) 
Private frontage.
[1] 
Active edge required: none.
[2] 
Allowed frontage edging elements.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-5
EE-6
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[3] 
Park frontage requirements.
[a] 
A sidewalk or trail of at least eight feet wide shall be provided to create a linear park experience.
[b] 
The park frontage line shall be located within 20 feet of the areas designated on the Downtown Overlay District Plan.
[4] 
Glazing requirement: none.
[5] 
Function of the build-to-zone (BTZ).
[a] 
The park frontage line shall be set by the Downtown Overlay District Plan to create a continuous greenway pedestrian experience while aligning with adjacent walkways and greenways.
[b] 
Park frontages do not have required build-to-zones.
(9) 
Stoop frontage.
FR-4
(a) 
Stoop frontage FR-4 defines residential frontages with elevated entrance. Up to three stair risers can be placed within the transition zone, and the ground plane within the build-to-zone can be hardscape continuation of sidewalk or landscaped (e.g., rain gardens).
110 Stoop Frontage Diagram.tif
Stoop Frontage Diagram
(b) 
Private frontage.
[1] 
Active edge required; door separation distance: 50 feet maximum.
[2] 
Allowed frontage edging elements.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-6
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[3] 
Glazing requirement. A minimum of 30% of the street-level, street-facing building area located between four feet and 13 feet above the sidewalk shall provide clear, nonreflective glass.
[4] 
Function of the build-to-zone (BTZ).
110 Stoop Frontage BTZ.tif
Stoop Frontage Build-To-Zone
[a] 
Allows for entrance alcoves.
[b] 
Allows for facade articulation and inclusion of pronounced and/or recessed building elements.
[c] 
Allows for alignment with existing neighboring buildings.
[d] 
Prohibits garage doors within the build-to-zone for individual private garages.
(10) 
Porch frontage.
FR-5
(a) 
Porch frontage FR-5 defines residential frontages with an elevated entrance. Up to three stair risers can be placed within a transition zone, and the ground plane within the build-to-zone can be hardscape continuation of sidewalk or landscaped (e.g., rain gardens).
110 Porch Frontage Diagram.tif
Porch Frontage Diagram
(b) 
Private frontage.
[1] 
Active edge required; door separation distance: 50 feet maximum.
[2] 
Permitted frontage edging elements.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-6
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[3] 
Glazing requirement. A minimum of 30% of the street-level, street-facing building area located between four feet and 13 feet above the sidewalk shall provide clear, nonreflective glass.
[4] 
Function of the build-to-zone.
110 Porch Frontage BTZ.tif
Porch Frontage Build-To-Zone
[a] 
Allows for entrance alcoves and expanded sidewalk area for outdoor dining.
[b] 
Allows for facade articulation and inclusion of pronounced and/or recessed building elements.
[c] 
Allows for alignment with existing neighboring buildings.
[d] 
Prohibits garage doors within the build-to-zone for individual private garages.
(11) 
Forecourt frontage.
FR-6
(a) 
Forecourt frontage FR-6 allows longer building recessed areas for courtyards, gardens and bioretention areas.
110 Forecourt Frontage Diagram.tif
Forecourt Frontage Diagram
(b) 
Private frontage.
[1] 
Permitted frontage edging elements.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-6
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[2] 
Glazing requirement. A minimum of 30% of the street-level, street-facing building area located between four feet and 13 feet above the sidewalk shall provide clear, nonreflective glass.
[3] 
Function of the build-to-zone.
110 Forecourt Frontage BTZ.tif
Forecourt Frontage Build-To-Zone
[a] 
Allows for entrance alcoves.
[b] 
Allows for facade articulation and inclusion of recessed building elements.
[c] 
Allows for alignment with existing neighboring buildings.
[d] 
Prohibits garage doors within the build-to-zone for individual private garages.
(12) 
Pedestrian passage frontage.
FR-7
(a) 
Frontage FR-7 establishes a pedestrianway connecting sidewalks, streets, civic squares, and/or parking areas by providing an active edge on at least one side of the public frontage.
110 Pedestrian Passage Sec View.tif
Pedestrian Passage Section View
(b) 
Private frontage.
[1] 
Frontage edging elements allowed.
[a] 
EE-1
EE-2
EE-3
EE-4
EE-5
EE-6
EE-7
[b] 
See § 110-27.4G for definitions of permitted edging elements.
[2] 
Glazing requirement. A minimum of 30% of the street-level, private-frontage-facing building area located between two feet and 10 feet above the sidewalk shall provide clear, nonreflective glass.
[3] 
Function of the build-to-zone.
[a] 
Allows for entrance alcoves.
[b] 
Allows for facade articulation and inclusion of recessed building elements.
[c] 
Allows for alignment with existing neighboring buildings.
[d] 
Prohibits garage doors within the build-to-zone for individual private garages.
G. 
Edging element standards; permitted edging elements. For all private frontages located on A streets, B streets, pedestrian passages, or park frontages as designated on the Downtown Overlay District Plan, one or more of the following permitted edging elements shall be provided according to the table below and the corresponding edging element standards.
Edging Elements
Frontage Types
Low Wall
Raised Edge
Stairs
Orna-mental Fence
Privacy Fence
Planters
Land-scaped Edge
EE-1
EE-2
EE-3
EE-4
EE-5
EE-6
EE-7
Store-front
FR-1
P
P
P
X
X
P
P
Urban
FR-2
P
P
P
X
X
P
P
Park
FR-3
P
P
P
P
P1
P
P
Stoop
FR-4
P
P
P
P
X
P
P
Porch
FR-5
P
P
P
P
X
P
P
Forecourt
FR-6
P
P
P
P
X
P
P
Pedes-trian passage
FR-7
P
P
P
P
P1
P
P
KEY:
P
Permitted
X
Not permitted
NOTES:
1
Privacy fences shall be used for screening of utility and service areas and shall be no taller than six feet zero inches.
(1) 
Low wall.
EE-1
110 Low Wall.tif
Masonry wall, maximum 48 inches in height (brick, concrete, stone). The Planning Board may approve a higher wall, provided that at least 50% of the area above 48 inches is transparent to allow for visibility to the first floor windows.
(2) 
Raised edge.
EE-2
110 Raised Edge.tif
The intent is to separate areas with different intensity of use with up to 48 inches of difference in floor planes, provided that at least 50% of the area above 48 inches is transparent to allow for visibility to the first floor windows.
(3) 
Stairs.
EE-3
110 Stairs.tif
The intent is to separate areas with different intensity of use with up to 48 inches of difference in floor planes provided that at least 50% of the area above 48 inches is transparent to allow for visibility to the first floor windows.
(4) 
Ornamental fence.
EE-4
110 Ornamental Fence.tif
A transparent ornamental fence, not chain link, with a maximum height of 42 inches.
(5) 
Privacy fence.
EE-5
110 Privacy Fence.tif
A privacy fence with a maximum height of six feet. Fences facing public frontages shall not be constructed of chain link, barbed wire or similar materials.
(6) 
Planters.
EE-6
110 Planters.tif
Planters no higher than 42 inches in height. The Planning Board may approve a higher wall, provided that at least 50% of the area above 42 inches is transparent to allow for visibility to the first floor windows.
(7) 
Landscaped edge.
EE-7
110 Landscaped Edge1.tif
110 Landscaped Edge2.tif
A landscaped edge of flowers, plants or a hedge, provided that at least 50% of the area is transparent to allow for visibility to the first floor windows.
H. 
Design standards.
(1) 
Civic space design standards.
(a) 
Civic space design. The Planning Board shall consider the following criteria during its site plan review process to determine whether the civic space design is acceptable.
(b) 
Required civic spaces area.
[1] 
For sites greater than 10,000 square feet, a minimum of 7.5% of the total lot area of the development tract shall be permanently preserved as civic space.
(c) 
Civic space form and access.
[1] 
The required civic space(s) shall be provided in the form of courtyards, greens, squares or pedestrian passages, and these spaces shall be placed along and connect to one or more of the public frontages on A streets, B streets or pedestrian passages. Where a storefront is encouraged along the private frontage according to the Downtown Overlay District Plan, a storefront frontage will also be encouraged along at least an equivalent length of the civic space private frontage.
[2] 
All civic spaces shall provide pedestrian access from a public sidewalk via a publicly accessible pedestrianway or a private walkway open to the public at least 16 hours per day.
[3] 
A civic space must provide active or passive uses designed to bring regular pedestrian, civic and/or commercial activity to the site.
[4] 
Above-grade stormwater management basins, drainage channels and required buffers shall not be used to meet the minimum civic space requirements.
[5] 
The civic spaces shall include landscaping, pathways and street furniture and may contain artwork and/or fountains. Pathways should include decorative paving materials, such as brick, stone, paving block or patterned concrete.
[a] 
Where a civic space is proposed on a development site adjacent to an existing building not controlled by the applicant, the applicant shall provide edging elements as defined in § 110-27.4G and landscaping to buffer any adjacent areas of blank walls or service uses.
[b] 
A civic space may include buildings of up to 600 square feet in footprint, provided that they are designed to activate the civic use of the space and provide public access. Buildings and temporary structures within civic spaces may be as low as one story in height.
[6] 
Civic space frontage occupancy.
[a] 
Civic spaces shall be mapped and measured on the site plan to designate a build-to-zone with a total linear length along the edges of the proposed civic space excluding the length of the edge along the street and/or the length of the pedestrianway conforming to its frontage occupancy requirements.
[b] 
Civic spaces shall provide a minimum 60% frontage occupancy along its edges, unless the Planning Board determines that a lower standard is permitted.
[c] 
Private frontages shall comply with the frontage types permitted along its frontage.
[7] 
New buildings contiguous to a civic space shall provide build-to-zone(s) and street wall(s) as required by the street type designated on the nearest street on the Downtown Overlay District Standards Map. Where existing buildings front onto a civic space, the Planning Board shall determine the minimum standards for civic space frontage occupancy consistent with the intent of § 110-27.4H(1), while recognizing the challenges of retrofitting existing buildings.
(d) 
Private open space, courts. Regulations governing inner and outer courts are provided in § 110-31C. Civic spaces and open spaces may occupy land within 20 feet of a building.
(e) 
Civic space fee in lieu. A developer may elect to pay a fee in lieu of providing the required open space, in accordance with § 110-45E.
(2) 
Streetscape and walkway design guidelines. The Planning Board shall consider the following design guidelines during its review process.
(a) 
Sidewalks. There are three potential zones within the area broadly defined as public sidewalk. These are the landscape and furnishing zone, pedestrian throughway zone, and frontage transition zone. At a minimum, a sidewalk must contain the pedestrian throughway zone. In all cases, sidewalks shall be designed to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Public Rights-of-Way Accessibility Guidelines (PROWAG).
[1] 
The landscape and furnishing zone is adjacent to the curb and includes typical street elements such as traffic control devices and signs, parking meters, streetlights, and often a curb lawn or verge, which is a landscape or turf strip between the curb and throughway. Street trees are to be placed in the continuous verge strip, or in tree pits within paved edge zones. This area can also provide a zone where street furniture and pedestrian-scale lighting can be located.
[2] 
The pedestrian throughway zone is the clear uninterrupted pedestrian passage across the frontage. It typically has a minimum width of five feet, although often is as wide as 10 feet or more.
[3] 
The frontage transition zone is the portion of the public frontage between the build-to-line and the pedestrian throughway, allowing for building fixtures (e.g., lighting, signage, projected architectural moldings), movable planters, and signage boards.
[4] 
The build-to-zone is occupied by building facades along a minimum specified percentage of the street frontage as required elsewhere in this section. Where there are voids due to horizontal modulation in the footprint of a front building wall, pedestrian spaces and wider sidewalks are possible, including areas for sidewalk dining and retail merchandise display. Benches and seating can also be located in this zone.
(b) 
Pedestrianways. Pedestrianways are pedestrian and bicycle only connections through properties. These provide a wider walking surface along with other streetscape elements, such as site furniture and pedestrian-scaled lighting.
[1] 
The minimum width of pedestrianways is 20 feet.
[2] 
Pedestrian-scaled light fixtures shall be provided at no less than every 60 feet.
[3] 
One shade tree shall be provided for every 30 feet or fraction thereof of pedestrianway.
[4] 
A form of seating, approved by the Planning Board, shall be provided every 60 feet.
(c) 
Awnings, signs and building-mounted lights.
[1] 
Awnings, canopies, marquees and building-mounted signs shall be governed by Chapter 89, Signs.
[2] 
Projecting signs are permitted, provided that they have a maximum projection of three feet, and do not exceed six square feet. Illumination shall be limited to an external light source.
[3] 
Building-mounted light fixtures may project up to two feet from the building face.
[4] 
Other building projections are subject to the requirements of § 110-31F.
(d) 
Lighting. Illumination levels shall be provided in accordance with § 110-32. LED is the required illumination source. Additional lighting requirements within the downtown area include:
[1] 
Pedestrian-scaled light fixtures for use in streetscapes and pedestrianways are generally more ornamental than street or parking lot light fixtures. They should be no taller than 14 feet. They should be spaced to provide continuous illumination on sidewalk areas. They may be set two feet behind the curb, and correspond to parallel parking striping. Banners, holiday decorations and hanging baskets may be attached to pedestrian-scaled light poles, provided that there is a minimum of eight feet of clearance above sidewalks and a ten-foot clearance above streets.
[2] 
Parking lot light fixtures may be ornamental to coordinate with the streetscapes, or may be more utilitarian in design. They should be no taller than 20 feet in height and spaced to provide even illumination.
(3) 
Bicycle guidelines. The Planning Board shall consider the following design guidelines during its review process.
(a) 
Design:
[1] 
Bike lanes and bikeways are encouraged to be designed according to the AASHTO Guide for the Development of Bicycle Facilities, 4th Edition.
[2] 
All inlets and manholes shall be flush with surface. Bicycle-safe grates shall be used for all new storm inlets.
(b) 
Bicycle parking. Provide bicycle parking and storage capacity according to the following:
[1] 
Multi-unit residential:
[a] 
Provide at least 0.5 bicycle covered storage space per unit.
[b] 
Provide secure visitor bicycle racks on-site, with at least one bicycle space per 10 dwelling units, but no fewer than four spaces per project site.
[2] 
Retail:
[a] 
Provide at least one secure, covered bicycle storage space for 10% of retail workers planned occupancy.
[b] 
Provide visitor/customer bicycle racks on-site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site.
[c] 
Provide at least one on-site shower with changing facility for any single business or leasehold with 100 or more planned workers.
[3] 
Nonresidential other than retail:
[a] 
Provide at least one secure, covered bicycle storage space for 10% of planned occupancy.
[b] 
Provide visitor bicycle racks on site with at least one bicycle space per 10,000 square feet of commercial nonretail space, but not fewer than four bicycle spaces per building.
(4) 
Landscaping and buffering guidelines. The Planning Board shall consider the following design guidelines during its review process. The requirements of §§ 99-3 and 110-32 shall be applicable to all projects within the Downtown Overlay District. Where space permits, each site should incorporate a combination of trees, shrubs, ground covers, and potted plants into landscaping plans with emphasis on use of native plants. Monocultures shall be avoided.
(a) 
Street trees.
[1] 
Shade trees, a minimum of four inches in caliper, shall be provided at an average rate of one tree per 40 feet of street frontage. The trees may be positioned to correspond with parallel parking striping to allow for vehicle door swings.
[2] 
If a sidewalk is too narrow to provide a verge wide enough for street trees, then a combination of potted plants, window boxes and/or hanging baskets shall be provided in lieu of the trees.
(b) 
Parking lot planting. Portions of off-street parking areas that are visible from street frontages shall be landscaped with a combination of evergreen shrubs, low walls or fences and shade or ornamental trees.
[1] 
A three-foot-wide buffer strip shall be provided between a parking lot and sidewalk or pedestrianway.
[2] 
If planted, it shall contain a continuous hedge of three-foot tall evergreen or dense deciduous shrubs, and one four-inch caliper shade or ornamental tree per 30 linear feet of frontage.
[3] 
If a wall or ornamental fence is proposed, low-growing shrubs and/or perennial plantings shall also be provided on the street frontage side. Shade trees shall be provided in adjacent interior islands at the above rate.
[4] 
Interior parking lot planting shall include one four-inch caliper shade tree for every 20 parking spaces. Parking lots with 25 or more spaces shall be divided by planting islands, planted with trees and shrubs. Additional plantings may include low-growing shrubs or ornamental grasses and/or stormwater management feature gardens.
[5] 
The nonstreet frontage perimeters of parking lots, where buffer plantings are not required, shall be planted with a combination of shrubs, trees and perennials to soften their appearance from adjacent uses.
(c) 
Buffer planting. Planted buffers shall be provided between nonresidential or mixed-use developments and residential zoning districts or uses; between off-street parking lots or garages containing four or more spaces; and along the edges of outdoor storage, utility or mechanical yards, loading areas and trash enclosures visible from streets or pedestrianways.
[1] 
Minimum buffer widths: six feet.
[2] 
Planted buffers typically occur along lot lines, but may be placed closer to the objects they are screening in areas where topography, existing vegetation or other natural features prohibit their placement at the lot line or result in an ineffective buffer.
[3] 
Buffer plantings shall not be placed within street rights-of-way.
[4] 
Plantings shall not impede clear sight distances at intersections or driveways; lower plantings shall be used in those locations.
[5] 
A minimum of 75% of the buffer length shall be comprised of evergreen trees or shrubs, a minimum of six feet high at planting, spaced according to plant growth habit. The remaining 25% may be deciduous trees or dense shrubs. The plantings shall produce a year-round visual screen within five years' growth.
[6] 
An opaque fence may be permitted in lieu of or in conjunction with additional plantings if an adequate opacity cannot be achieved with plantings alone.
(d) 
Fences, walls and screens. Where permitted by the edging elements for the designated and permitted frontage types along A streets, B streets and pedestrian passages, fences and walls may be used to define street walls, provide privacy, and screen views. For those locations not facing A streets, B streets or pedestrian passages, fences, walls and screens shall be controlled by this section. The finished side must face the street or adjacent property.
[1] 
Fences and walls must be located within the build-to-zone, along side and rear property lines, unless they are being used for privacy or visual screening of utilitarian areas. They shall not impede clear sight distances at intersections or driveways.
[2] 
Fences, walls and hedges can be counted as street walls for up to 20% of the required minimum frontage.
[3] 
Maximum fence and wall heights.
[a] 
Fences and walls along street frontages and public sidewalks: 48 inches.
[b] 
Fences and walls along lot lines or for privacy or screening: 6 1/2 feet.
[4] 
Approved fence and wall materials:
[a] 
Fence and gate materials include wood, wood composites, iron and metal, including decorative perforated sheet metal. Sharp-pointed or spear-headed pickets of less than one-half inch in diameter are not permitted. Chain link, woven wire, barbed wire and vinyl fences are prohibited.
[b] 
Wall and pier materials include whole or veneer brick or stone, cultured stone, stucco over masonry, and finished concrete. Unfinished concrete block and glass block is prohibited.
[c] 
Fences, walls and piers may be used in combination to reflect the development's architectural character.
[d] 
Pedestals and gates. Blocks or pedestals for fence posts must not project into or above the surface of an adjacent sidewalk. All gates must swing inwardly, and no gate shall swing outwardly over any sidewalk, avenue, street, or road.
(5) 
Architectural guidelines. The Architectural Review Board shall consider the following design guidelines during its review process. The buildings in the Downtown Overlay District shall relate to the context and fabric of existing places in the Village/Town of Mount Kisco and typically found within downtown building types in New York villages. The size, proportion and form of buildings shall emulate the character of attractive in-scale architectural developments in Westchester County, elsewhere in New York State, and in New England as specified herein. All buildings shall have vertical and horizontal modulation and articulation reflecting the traditional streetscape, building spacing and dimensional variations of typical New York Villages, including:
(a) 
Horizontal building modulation. Building facades shall conform to the following standards:
[1] 
The maximum width (as measured horizontally along the building exterior) without building modulation shall be 60 feet.
[2] 
The minimum depth of modulation shall be two feet. The minimum width of modulation shall be 15 feet. When the principal use of the building is for the parking of motor vehicles, the depth of such modulation shall be a minimum of 3 1/2 feet. No modulations shall be required on a wall of a parking facility which does not front on a public street or pedestrianway.
[3] 
Roof decks or balconies may be used as all or part of the building modulation.
[4] 
The requirements of the horizontal building modulation subsection shall be considered satisfied if existing building facades of existing adjacent structures are preserved and incorporated into the proposed building.
(b) 
Modulated roofline. Roofs are a design element and should relate to the building facade articulations. The roofline of all facades visible from a street or public park, or open space shall be modulated according to the following standards:
[1] 
For permitted flat roofs or facades with a horizontal eave, fascia, or parapet: change roofline so that no unmodulated segment of roof exceeds 60 feet. Minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of wall).
[2] 
For gable, hipped, or shed roofs: a minimum slope of five feet vertical to 12 feet horizontal.
[3] 
Other roof forms, such as arched, vaulted, dormer, or saw-toothed, may satisfy this design principle if the individual segments of the roof with no change in slope or discontinuity are less than 60 feet in width (measured horizontally).
(c) 
Building articulation shall be accomplished with design elements such as the following, so long as the articulation interval does not exceed 60 feet.
[1] 
Repeating distinctive window patterns at intervals less than the articulation interval.
[2] 
Providing a balcony or bay window for each articulation interval.
[3] 
Changing the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.
[4] 
Changing materials with a change in building plane.
[5] 
Providing lighting fixtures, trellis, tree, or other landscape feature within each interval.
(d) 
Vertical articulation. To moderate the vertical scale of buildings, the design shall include techniques to clearly define the building's top, middle and bottom. The following techniques are suggested methods of achieving vertical articulation:
[1] 
Top: sloped roofs, strong eave lines, cornice treatments, horizontal trellises, etc.
[2] 
Middle: windows, balconies, material changes, railings and similar treatments that unify the building design.
[3] 
Bottom: pedestrian-oriented fronts, pedestrian-scale building details and awnings.
[4] 
Where appropriate, the applicant shall coordinate the horizontal elements (i.e., cornices, window lines, arcades, etc.) in a pattern and height to reflect similar elements on neighboring buildings that exhibit the Village's desired scale and character.
(e) 
Materials. Building exteriors shall be constructed from high-quality, durable materials. Preferred exterior building materials that reflect the Village's desired traditional downtown street character are as follows:
[1] 
Masonry, including brick and stone.
[2] 
Cast stone or tile.
[3] 
Wood or cementicious ("Hardiplank" or equal) horizontal clapboard or vertical board and batten siding. No vinyl or other artificial siding materials are permitted along street frontages and public ways, but may be permitted by the Planning Board on a case-by-case basis on architecturally subordinate facades.
[4] 
All other materials subject to approval by the Planning Board.
[5] 
If concrete or concrete blocks (concrete masonry units) are used for walls that are visible from a street, public park or open space or pedestrianway, then the concrete or concrete block construction must be architecturally treated in one or more of following ways:
[a] 
Use of textured surfaces, such as split face or grooved.
[b] 
Use of other masonry types, such as brick, glass block, or tile in conjunction with the concrete or concrete blocks.
[c] 
Use of decorative coursing to break up blank wall areas.
(f) 
Fenestration. The arrangement, proportion and design of windows and doors (fenestration) shall conform to the following:
[1] 
The height to width ratio of single openings and group openings are to be proportionately scaled to the wall.
[2] 
Door and window details and trim suitably scaled to the wall.
[3] 
Reduce large expanses of glass used in windows and doors to smaller component windows reminiscent of traditional main street vernacular when adjacent to existing buildings, sidewalks or pedestrianways.
[4] 
The total square footage of windows along a facade facing a street shall be a minimum of 15% of the square footage of the facade.
(g) 
Blank walls shall not be permitted along any exterior wall facing a street, parking area or pedestrianway. Exterior walls in these locations shall have architectural treatments that are the same as the front facade, including consistent style, materials, fenestration and details.
(h) 
Roofs.
[1] 
Slope. Roof pitches and overhangs shall vary as necessitated by good architectural design and modulation requirements of the previous sections. However, no flat roofs are allowed as major architectural elements visible from a public street. A roof slope of 5/12 or greater is the minimum standard for roofs visible from a public way. Mansard roofs, when constructed in the traditional form with appropriate stepback from the exterior building wall line are permitted. The upper roof of a mansard may be flat or low pitch, provided that it is not visible from ground level. Shed roofs, dormers, secondary roof forms, and roofs for porches may have a lower pitch, but in no case will the pitch be lower than 3.75 in 12. Significant roof overhangs are recommended to provide architectural interest, to create shadow lines, and to protect wall and siding from water and sun. Roof overhangs are highly recommended to provide passive energy conservation where possible.
[2] 
Penetrations. All roof stacks, flashings, vents or protrusions from the roof shall be painted the same color the roof. Roof stacks and plumbing vents shall be placed on rear slopes of the roofs where possible.
[3] 
Solar. Photovoltaic and hot water heating panels are permitted and encouraged, provided that on sloped roofs visible from a public street or right-of-way they shall be installed flush on the roof plane and shall not project above the roof surface by more than six inches. On flat roofs not plainly visible from ground level of a public way, solar panels may be mounted on brackets, provided that they are no higher than six feet above the roof surface that they are mounted on.
[4] 
Materials. Roofs that are visible from ground level shall be architectural dimensional composite shingles, wood shingles or shakes, slate, tile, or prefinished metal standing or box seam. Combinations of roofing are encouraged when appropriate to the desired architectural character. Roofs not visible from a ground level shall be white or light colored roofing material to provide improved energy efficiency.
(i) 
Utility and mechanical equipment:
[1] 
All utility feeds, meters, and vents must be painted to blend with adjacent surfaces. All feeds to meter boxes and exterior meter banks must be located on a rear, side, or other subordinate facade of the building as designated by the Zoning Officer.
[2] 
All above-ground utilities and mechanical equipment (i.e., transformers, phone and cable boxes, gas meters, electric meters, air conditioning units, heat pumps, and exterior HVAC equipment and ducting) whether, ground- or roof-mounted, shall be screened from all public ways by either an architecturally integrated screen wall, landscape walls, fencing, or dense planted visual buffers of a height equal to or greater than the height of the equipment. Spacing must provide effective visual screening upon installation. Screening must surround the utility structure 360° except when abutting or within five feet of the structure, or to allow access to the structure. All setback requirements of the utility company must be addressed concurrently.