Village/Town of Mount Kisco
Westchester County
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Table of Contents
Table of Contents

§ 110-6 PD Preservation District.

[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.
(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) 
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.

§ 110-7 CD Conservation Development District.

[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.
(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) 
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.
(g) 
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.

§ 110-8 RS-12 Low-Density One-Family Residence District.

[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) 
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.

§ 110-9 RS-9 Moderate-Density One-Family Residence 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 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) 
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.

§ 110-10 RS-6 Medium-Density One-Family Residence District.

[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) 
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.

§ 110-11 RT-6 One- and Two-Family Residence District.

[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) 
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.

§ 110-12 RM-10 Moderate-Density Multifamily District.

[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) 
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.

§ 110-13 RM-12 Medium-Density Multifamily District.

[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) 
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.

§ 110-14 RM-29 High-Density Multifamily Residence District.

[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) 
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.

§ 110-15 CB-1 Central Business District - 1.

[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.
(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) 
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.

§ 110-16 CB-2 Central Business District - 2.

[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.
(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 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.

§ 110-17 GR General Retail District.

[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]
(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 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.

§ 110-18 CN Neighborhood Commercial District.

[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]
(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) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the CN District shall be subject to the following development regulations:
(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.

§ 110-19 CL Limited Commercial District.

[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.
(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 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.

§ 110-20 OG General Office 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 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.
(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) 
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.

§ 110-21 OD Low-Intensity Office 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 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.
(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) 
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.

§ 110-22 OC Cottage Office 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; 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] 
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.

§ 110-23 RD Research and Development District.

[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]
A. 
Purpose and intent. The RD District is intended to provide for a variety of uses, including a wide range of research, design and development activities 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.
[Added 10-7-2003 by L.L. No. 9-2003]
(2) 
Special permit uses.
(a) 
Educational and training facilities.
(b) 
Assembly to a finished product of retail and wholesale items made from bone, cellophane, fiber, fir, glass, latex, ceramics, pottery, lead, leather, metal, paper, plastics, wood or yarn and the compounding and packaging of candy, cosmetics or pharmaceuticals, excluding the rendering or refining of fats or oils, 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.
(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) 
Other customary accessory uses incidental to the principal use.
C. 
Development regulations. Each site in the RD 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.

§ 110-24 ML Light Manufacturing District.

[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 RD Research and Development District, as specified in § 110-23B(1) of this chapter.
(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.
(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) 
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.

§ 110-24.1 SC Service Commercial District.

[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.
(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) 
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.

§ 110-25 GC General Commercial District.

[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.
(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) 
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.

§ 110-26 H Hospital 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]
(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. 
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.

§ 110-27 R Recreation District.

[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) 
Other customary accessory uses incidental to the principal use.
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.

§ 110-27.1 PWSF Personal Wireless Service Facilities Overlay District.

[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.

§ 110-27.2 (Reserved)

§ 110-27.3 PRD Planned Residential Development District.

[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.
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.