[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.
(b)
Cemeteries, including expansions of existing
cemeteries, provided that no graves or structures shall be permitted
within 25 feet of any lot line.
(c)
Tier 3 solar energy systems, subject to the provisions of Articles V and IX of this chapter and further subject to the following requirements specific to this particular district:
[Added 11-19-2018 by L.L.
No. 6-2018]
[1]
The parcel upon which the use is sited shall have frontage and
access on a county or state road.
[2]
No panels, arrays, or other facilities or structures shall be
permitted within 25 feet of any lot line.
[3]
Adverse visual and aesthetic impacts shall be minimized to the
maximum extent practicable through careful design, siting, landscaping,
screening and other camouflaging techniques.
[4]
Due consideration shall be given to protect the natural resources,
wildlife, environmental features, physical appearance of the Town
and preserve the site's scenic and natural beauty.
[5]
Given the underlying purpose and intent of the Preservation
District, coupled with its abundance of wetlands, wildlife habitats
and other ecologically and environmentally sensitive conditions, due
consideration shall also be given to preserving and enhancing the
wildlife habitat. Measures designed to create or promote wildlife
and wetland corridors for existing animal populations shall be incorporated.
Such initiatives shall include fencing designs between and through
properties that facilitate animal movements under or through the fencing,
elimination of existing barriers, protection and/or expansion of native
vegetation that offers food, shelter and protection of the wildlife
populations.
(3)
Accessory uses.
(a)
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b)
Maintenance, security or utility structures
serving the specific needs of the development.
(c)
Recreation buildings or uses serving the specific
needs of the development, excluding indoor tennis buildings, air-supported
structures or other such large recreation buildings.
(d)
Living facilities for management, maintenance
or security personnel.
(e)
Indoor storage facilities incidental to the
principal use.
(g)
Other accessory uses that are incidental to
the principal use on the site.
[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:
(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.
(g)
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use, and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
(h)
Additional customary accessory uses incidental
to residential developments, such as:
[1]
Living facilities for the management, maintenance
or security personnel of the development. These living facilities
shall be included in the total dwelling unit count for the development.
[2]
Maintenance, security or utility structures
serving the specific needs of the development.
[3]
Recreation buildings or uses serving the specific
needs of the development, excluding indoor tennis buildings, air-supported
structures or other such large recreation buildings.
C.
Development regulations.
(1)
Site and lot regulations for detached one-family dwellings.
(a)
Site regulations:
[1]
Minimum site area: 25 acres.
[2]
Maximum density: 1.0 dwelling per 1.25 acres
of net lot area.
[3]
Buffers:
|
From
|
Distance
(feet)
|
|---|---|
|
Major street
|
200
|
|
Street
|
100
|
|
Public or quasi-public recreation use
|
200
|
|
Property line
|
100
|
[4]
Minimum open space area: 35% of the gross site area shall be designated as open space and comply with the provisions listed in § 110-7C(1)(c). Open space shall not include the area covered by any buildings or other impervious surfaces, including roadways. Such open space shall be substantially contiguous and may include wetlands, steep slopes, and buffers of at least 100 feet in depth.
(b)
(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:
[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)
(3)
Lot regulations for places of Tier 3 solar energy facilities.
[Added 11-19-2018 by L.L.
No. 6-2018]
(a)
Minimum lot area and site requirements: 25 acres parcel having
frontage and access on a county or state road.
(b)
Maximum building coverage: 1% of net lot area, and in no event
shall building area exceed the minimum space necessary for battery/solar
equipment storage.
(c)
Maximum development coverage: 35%.
(e)
Minimum buffers:
|
From
|
Distance
(feet)
|
|---|---|
|
Street
|
200
|
|
Property line
|
200
|
(f)
Minimum open space area: 35% of the gross site area shall be
designated as open space and comply with the provisions listed in
§ 110-7C(1)(c)(2) through (8). Open space shall not include
the area covered by any buildings or other impervious surfaces, including
roadways. Such open space shall be substantially contiguous and may
include wetlands, steep slopes, and buffers of at least 100 feet in
depth.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 10-21-1996 by L.L. No. 3-1996; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The RS-12 District is intended
to provide for low-density single-family residential neighborhood
development at a density not to exceed approximately three dwelling
units per acre.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Detached one-family dwellings, not to exceed
one such dwelling per lot.
(b)
Public parks, playgrounds or similar recreational
areas, including customary recreational, refreshment and service buildings
and uses, provided that no structure shall be located nearer than
50 feet to any lot line.
(c)
Public buildings or uses operated by the Village
of Mount Kisco, the Bedford Central School District or other governmental
entities.
(2)
Special permit uses.
(a)
Places of religious worship, including parish
houses, rectories and the like and also including religious schools.
(3)
Accessory uses.
(a)
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b)
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c)
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d)
Customary home gardens.
(e)
The keeping of a reasonable number of common
household pets, but excluding the commercial breeding or boarding
of the same.
(g)
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Each site in the RS-12 District shall be subject to
the following development regulations:
(a)
Minimum net lot area: 12,500 square feet.
(b)
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Net Lot Area (square feet)
|
Maximum Permitted Building Coverage
|
|---|---|
|
Less than 5,000
|
25% of net lot area
|
|
5,000 to 6,000
|
1,250 square feet, plus 24% of net lot area
in excess of 5,000 square feet
|
|
6,000 to 7,000
|
1,490 square feet, plus 23% of net lot area
in excess of 6,000 square feet
|
|
7,000 to 8,000
|
1,720 square feet, plus 22% of net lot area
in excess of 7,000 square feet
|
|
8,000 to 9,000
|
1,940 square feet, plus 21% of net lot area
in excess of 8,000 square feet
|
|
9,000 or more
|
2,150 square feet, plus 20% of net lot area
in excess of 9,000 square feet
|
(c)
Maximum development coverage: 40%.
(d)
Minimum lot width: 100 feet.
(e)
Minimum lot depth: 100 feet.
(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:
[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.
[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.
(g)
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Each site in the RS-9 District shall be subject to
the following development regulations:
(a)
Minimum net lot area: 9,375 square feet.
(b)
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Net Lot Area (square feet)
|
Maximum Permitted Building Coverage
|
|---|---|
|
Less than 5,000
|
25% of net lot area
|
|
5,000 to 6,000
|
1,250 square feet, plus 24% of net lot area
in excess of 5,000 square feet
|
|
6,000 to 7,000
|
1,490 square feet, plus 23% of net lot area
in excess of 6,000 square feet
|
|
7,000 to 8,000
|
1,720 square feet, plus 22% of net lot area
in excess of 7,000 square feet
|
|
8,000 to 9,000
|
1,940 square feet, plus 21% of net lot area
in excess of 8,000 square feet
|
|
9,000 or more
|
2,150 square feet, plus 20% of net lot area
in excess of 9,000 square feet
|
(c)
Maximum development coverage: 40%.
(d)
Minimum lot width: 75 feet.
(e)
Minimum lot depth: 100 feet.
(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:
[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.
(g)
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Each site in the RS-6 District shall be subject to
the following development regulations:
(a)
Minimum net lot area: 6,250 square feet.
(b)
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Net Lot Area(square feet)
|
Maximum Permitted Building Coverage
|
|---|---|
|
Less than 5,000
|
25% of net lot area
|
|
5,000 to 6,000
|
1,250 square feet, plus 24% of net lot area
in excess of 5,000 square feet
|
|
6,000 to 7,000
|
1,490 square feet, plus 23% of net lot area
in excess of 6,000 square feet
|
|
7,000 to 8,000
|
1,720 square feet, plus 22% of net lot area
in excess of 7,000 square feet
|
|
8,000 to 9,000
|
1,940 square feet, plus 21% of net lot area
in excess of 8,000 square feet
|
|
9,000 or more
|
2,150 square feet, plus 20% of net lot area
in excess of 9,000 square feet
|
(c)
Maximum development coverage: 40%.
(d)
Minimum lot width: 50 feet.
(e)
Minimum lot depth: 100 feet.
(f)
Minimum building setback:
[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:
[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.
(g)
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Each site in the RT-6 District shall be subject to
the following development regulations:
(a)
Minimum net lot area: 6,250 square feet.
(b)
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Net Lot Area(square feet)
|
Maximum Permitted Building Coverage
|
|---|---|
|
Less than 5,000
|
25% of net lot area
|
|
5,000 to 6,000
|
1,250 square feet, plus 24% of net lot area
in excess of 5,000 square feet
|
|
6,000 to 7,000
|
1,490 square feet, plus 23% of net lot area
in excess of 6,000 square feet
|
|
7,000 to 8,000
|
1,720 square feet, plus 22% of net lot area
in excess of 7,000 square feet
|
|
8,000 to 9,000
|
1,940 square feet, plus 21% of net lot area
in excess of 8,000 square feet
|
|
9,000 or more
|
2,150 square feet, plus 20% of net lot area
in excess of 9,000 square feet
|
(c)
Maximum development coverage: 40%.
[Amended 11-18-2008 by L.L. No. 3-2008; 4-7-2014 by L.L. No. 2-2014]
(d)
Minimum lot width: 50 feet.
(e)
Minimum lot depth: 100 feet.
(f)
Minimum building setback:
[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:
D.
Existing commercial uses. Those parcels in the RT-6
District used lawfully and as a matter of right for commercial purposes
on October 13, 1987, may continue to be used as if such commercial
use were a permitted principal use.
[Amended 11-16-1987 by L.L. No. 11-1987; 2-2-1988 by L.L. No. 1-1988; 4-16-1990 by L.L. No. 4-1990; 1-6-1992 by L.L. No. 2-1992; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 2-20-2001 by L.L. No. 2-2001; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The RM-10 District is intended
to provide for multifamily development at a moderate density, without
precluding one- and two-family dwellings.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Detached one-family dwellings, not to exceed
one such dwelling per lot.
(b)
On parcels having a gross site area of 10,000
square feet or more, detached two-family dwellings, not to exceed
one two-family dwelling per lot.
(c)
On parcels having a gross site area of 10,000
square feet or more, townhouses, garden apartments and other multifamily
dwellings using a site design technique that concentrates buildings
in specific areas to increase open space and preserve natural site
features.
(d)
Public parks, playgrounds or similar recreational
areas, including customary recreational, refreshment and service buildings
and uses, provided that no structure shall be located nearer than
50 feet to any lot line.
(e)
Public buildings or uses operated by the Village
of Mount Kisco, the Bedford Central School District or other governmental
entities.
(2)
Special permit uses.
(a)
Places of religious worship, including parish
houses, churches, rectories and the like and also including religious
schools.
(3)
Accessory uses.
(a)
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b)
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c)
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d)
Customary home gardens.
(e)
The keeping of a reasonable number of common
household pets, but excluding the commercial breeding or boarding
of the same.
(g)
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Detached one- and two-family dwellings shall be arranged
and comply with the following development standards:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Lot and Bulk Category
|
One-Family Dwellings
|
Two-Family Dwellings
| ||
|---|---|---|---|---|
|
Minimum net lot area
|
6,250 square feet
|
10,000 square feet
| ||
|
Maximum building coverage
| ||||
|
Net lot area of (sf):
| ||||
|
Less than 5,000
|
25% of net lot area
|
25% of net lot area
| ||
|
5,000 to 6,000
|
1,250 sf, plus 24% of net lot area in excess
of 5,000 sf
|
1,250 sf, plus 24% of net lot area in excess
of 5,000 sf
| ||
|
6,000 to 7,000
|
1,490 sf, plus 23% of net lot area in excess
of 6,000 sf
|
1,490 sf, plus 23% of net lot area in excess
of 6,000 sf
| ||
|
7,000 to 8,000
|
1,720 sf, plus 22% of net lot area in excess
of 7,000 sf
|
1,720 sf, plus 22% of net lot area in excess
of 7,000 sf
| ||
|
8,000 to 9,000
|
1,940 sf, plus 21% of net lot area in excess
of 8,000 sf
|
1,940 sf, plus 21% of net lot area in excess
of 8,000 sf
| ||
|
9,000 or more
|
2,150 sf, plus 20% of net lot area in excess
of 9,000 sf
|
2,150 sf, plus 20% of net lot area in excess
of 9,000 sf
| ||
|
Maximum development coverage
|
40%
|
50%
| ||
|
Minimum lot width
|
50 feet
|
50 feet
| ||
|
Minimum lot depth
|
100 feet
|
100 feet
| ||
|
Minimum building setback
| ||||
|
Front
|
25 feet
| |||
|
Side
| ||||
|
For lots 70 feet or greater in width
|
10 feet
| |||
|
For lots with a width greater than 60 feet but
less than 70 feet
|
8 feet for one side yard, with a total of 18
feet for both side yards
| |||
|
For lots with a width of less than 60 feet
|
6 feet for one side yard, with a total of 16
feet for both side yards
| |||
|
Rear
|
30 feet for lots with a depth of 125 feet or
greater; for lots with a depth of less than 125 feet, 30 feet minus
one foot for every 2 1/2 feet that the lot depth is less than
125 feet, but in no case less than 20 feet
| |||
|
Maximum height of principal structure
|
2 1/2 stories or 35 feet, whichever is
less
| |||
(2)
Townhouses, garden apartments, multifamily uses, recreation
uses and public buildings shall be arranged and comply with the following
development standards:
(a)
Minimum gross site area: 10,000 square feet.
(b)
Minimum net lot area per dwelling unit: 1,500
square feet.
(c)
Maximum building coverage: 25%.
(d)
Maximum development coverage: 65%.
(e)
Minimum lot depth: 100 feet.
(f)
Minimum lot width: 100 feet.
(h)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
(i)
Maximum building length: 100 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:
D.
Additional regulations for townhouses, garden apartments
and multifamily uses permitted as principal uses.
(1)
All utilities shall be installed underground or within
buildings. Plans for water and sewer service shall be subject to approval
by the Village Engineer. On-site drainage facilities shall be provided
so as to minimize off-site flooding. Said drainage facilities shall
also be subject to approval by the Village Engineer.
(2)
The Planning Board may modify the required right-of-way
and pavement widths for private roads serving the development if,
on the basis of sound planning and engineering standards, it determines
that the proposed widths are adequate and sufficient in size, location
and design to accommodate the traffic, parking and loading needs of
the proposed development and to provide adequate access for fire-fighting
equipment and police or emergency vehicles.
(3)
Buffers shall be designed to effectively limit the
visibility of the development from surrounding uses and shall principally
include areas left substantially in their natural state, although
the Planning Board may require that portions of said buffer areas
be landscaped with grass, trees, shrubs or other ground cover or treatment
to effectively limit the visibility of the development from surrounding
areas. No parking, loading or buildings shall be permitted in said
buffer areas, with the exception of preexisting buildings; a gate
or security house of not greater than 125 square feet in floor area
and 15 feet in height; and required utility structures designed to
service the proposed development.
[Amended 11-16-1987 by L.L. No. 11-1987; 2-7-1987 by L.L. No. 9-1987; 2-2-1988 by L.L. No. 1-1988; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 3-19-2001 by L.L. No. 4-2001; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The RM-12 District is intended
to provide medium-density multifamily development, without precluding
one- and two-family dwellings.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Detached one-family dwellings, not to exceed
one such dwelling per lot.
(b)
Public parks, playgrounds or similar recreational
areas, including customary recreational, refreshment and service buildings
and uses, provided that no structure shall be located nearer than
50 feet to any lot line.
(c)
Public buildings or uses operated by the Village
of Mount Kisco, the Bedford Central School District or other governmental
entities.
(d)
Detached two-family dwellings, not to exceed
one two-family dwelling per lot.
(e)
On parcels having a gross site area of 40,000
square feet or more, townhouses, garden apartments and other multifamily
dwellings using a site design technique that concentrates buildings
in specific areas to increase open space and preserve natural site
features.
(2)
Special permit uses.
(a)
Places of religious worship, including parish
houses, rectories and the like and also including religious schools.
(b)
On parcels having a gross site area of less
than 40,000 square feet, townhouses, garden apartments and other multifamily
dwellings using a site design technique that concentrates buildings
in specific areas to increase open space and preserve natural site
features.
(3)
Accessory uses.
(a)
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b)
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c)
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d)
Customary home gardens.
(e)
The keeping of a reasonable number of common
household pets, but excluding the commercial breeding or boarding
of the same.
(g)
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Detached one-family and detached two-family dwellings
shall comply with the following:
(a)
Minimum net lot area: 6,250 square feet.
(b)
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Net Lot Area(square feet)
|
Maximum Permitted Building Coverage
|
|---|---|
|
Less than 5,000
|
25% of net lot area
|
|
5,000 to 6,000
|
1,250 square feet, plus 24% of net lot area
in excess of 5,000 square feet
|
|
6,000 to 7,000
|
1,490 square feet, plus 23% of net lot area
in excess of 6,000 square feet
|
|
7,000 to 8,000
|
1,720 square feet, plus 22% of net lot area
in excess of 7,000 square feet
|
|
8,000 to 9,000
|
1,940 square feet, plus 21% of net lot area
in excess of 8,000 square feet
|
|
9,000 or more
|
2,150 square feet, plus 20% of net lot area
in excess of 9,000 square feet
|
(c)
Maximum development coverage: 50%.
[Amended 11-18-2008 by L.L. No. 3-2008]
(d)
Minimum lot depth: 100 feet.
(e)
Minimum lot width: 50 feet.
(f)
Minimum building setback:
[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:
(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.
(g)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
(h)
Maximum building length: 125 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:
[c]
All legal agreements and documents
pertaining to the establishment of any trust or association and to
the preservation and protection of all open space shall be subject
to approval by the Village Board of the Village of Mount Kisco. The
Village may require any additional conditions, agreements or documents
which it deems necessary to ensure the completion of all improvements,
the establishment of and continuity of the trust or association and
the preservation and protection of all open space.
[Amended 12-7-1987 by L.L. No. 9-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The RM-29 District is intended
to provide high-density multifamily development in the more central
areas of the Village, without precluding one- and two-family dwellings.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Detached one-family dwellings, not to exceed
one such dwelling per lot.
(b)
Public parks, playgrounds or similar recreational
areas, including customary recreational, refreshment and service buildings
and uses, provided that no structure shall be located nearer than
50 feet to any lot line.
(c)
Public buildings or uses operated by the Village
of Mount Kisco, the Bedford Central School District or other governmental
entities.
(d)
Detached two-family dwellings, not to exceed
one two-family dwelling per lot.
(e)
On parcels having a gross site area of 40,000
square feet or more, townhouses, garden apartments and other multifamily
dwellings using a site design technique that concentrates buildings
in specific areas to increase open space and preserve natural site
features.
(2)
Special permit uses.
(a)
Places of religious worship, including parish
houses, rectories and the like and also including religious schools.
(b)
On parcels having a gross site area of less
than 40,000 square feet, townhouses, garden apartments and other multifamily
dwellings using a site design technique that concentrates buildings
in specific areas to increase open space and preserve natural site
features.
(3)
Accessory uses.
(a)
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b)
Outdoor parking or storage of not more than one recreational vehicle or one boat, in accordance with the provisions for such as set forth in Article V of this chapter.
(c)
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions for such as set forth in Article V of this chapter.
(d)
Customary home gardens.
(e)
The keeping of a reasonable number of common
household pets, but excluding the commercial breeding or boarding
of the same.
(g)
Other customary accessory uses, buildings or structures, subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
C.
Development regulations.
(1)
Detached one-family and detached two-family dwellings
shall comply with the following:
(a)
Minimum net lot area: 6,250 square feet.
(b)
Maximum building coverage:
[Amended 11-18-2008 by L.L. No. 3-2008]
|
Net Lot Area (square feet)
|
Maximum Permitted Building Coverage
|
|---|---|
|
Less than 5,000
|
25% of net lot area
|
|
5,000 to 6,000
|
1,250 square feet, plus 24% of net lot area
in excess of 5,000 square feet
|
|
6,000 to 7,000
|
1,490 square feet, plus 23% of net lot area
in excess of 6,000 square feet
|
|
7,000 to 8,000
|
1,720 square feet, plus 22% of net lot area
in excess of 7,000 square feet
|
|
8,000 to 9,000
|
1,940 square feet, plus 21% of net lot area
in excess of 8,000 square feet
|
|
9,000 or more
|
2,150 square feet, plus 20% of net lot area
in excess of 9,000 square feet
|
(c)
Maximum building coverage: 30%.
(d)
Maximum development coverage: 40%.
(e)
Minimum lot width: 50 feet.
(f)
Minimum lot depth: 100 feet.
(g)
Minimum building setback:
[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:
(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.
(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.
(j)
Minimum distance between two principal buildings.
No two principal buildings shall be closer than the distance equal
to the average height of the two principal buildings at the point
where said buildings are nearest to each other.
(k)
Additional regulations.
[1]
The Planning Board may modify the required right-of-way
and pavement widths for private roads serving the development if,
on the basis of sound planning and engineering standards, it determines
that the proposed widths are adequate and sufficient in size, location
and design to accommodate the traffic, parking and loading needs it
is anticipated they will bear and to provide adequate access to the
proposed development for fire-fighting equipment and police or emergency
vehicles.
[2]
Buffers shall be designed to effectively limit
the visibility of the development from surrounding uses and shall
principally include areas left substantially in their natural state,
although the Planning Board may require that portions of said buffer
areas be landscaped with grass, trees, shrubs or other ground cover
or treatment to effectively limit the visibility of the development
from surrounding areas. No parking, loading or buildings shall be
permitted in said buffer areas, with the exception of preexisting
buildings, a gate or security house of not greater than 125 square
feet in floor area and 15 feet in height and required utility structures
designed to service the proposed development.
[3]
All utilities shall be installed underground
or within buildings. Plans for water and sewer service shall be subject
to approval by the Village Engineer. On-site drainage facilities shall
be provided so as to minimize off-site flooding. Said drainage facilities
shall also be subject to approval by the Village Engineer.
[Amended 11-16-1987 by L.L. No. 11-1987; 12-7-1987 by L.L. No. 9-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The CB-1 District is intended
to provide for a variety of small-scale to medium-scale commercial
activities within the Central Business District of the Village. The
purpose of this district is to preserve the existing architectural
character while reflecting the present nature and intensity of land
use in the heart of the Village. It is recognized that the land use
pattern in this district is such that the only available parking for
commercial activities in the downtown area is, and will continue to
be, that provided in common (public and private) parking facilities.
Future development and/or conversions to a more intense commercial
activity may require additional off-street parking. The permitted
uses within this district are intended to balance its land use function
within existing parking constraints.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Stores and shops for the conduct of retail business,
but excluding drive-up facilities, not to exceed 8,000 square feet
of gross floor area.
(b)
Personal services establishments, excluding
drive-up facilities, not to exceed 8,000 square feet of gross floor
area.
(c)
Restaurants and drinking establishments, excluding
drive-up services, other than cabarets, not to exceed 8,000 square
feet of gross floor area.
(d)
Administrative, business and professional offices,
other than offices that have a retail component, not to exceed 8,000
square feet of gross floor area, and not located on the ground floor
of a building.
(e)
Administrative, business and professional offices
that have a retail component, such as opticians, travel agents or
real estate agents, not to exceed 8,000 square feet of gross floor
area and located on any floor of a building.
(f)
Post offices, not to exceed 8,000 square feet
of gross floor area.
(g)
Banks, not to exceed 8,000 square feet of gross
floor area.
(h)
Counter drop-off dry cleaners and laundries,
not to exceed 2,500 square feet of gross floor area.
(i)
Libraries and museums.
(j)
Village governmental uses.
(k)
Parking lots and structures on Village-owned land, subject to the applicable provisions of Article IV of this chapter.
(l)
Service establishments, such as small appliance
and electronic stores, photocopy shops and mailing service establishments,
not to exceed 8,000 square feet of gross floor area.
(m)
Residences above stores, restaurants, offices,
banks and personal service establishments, provided that such residences
were existing as of the effective date of this chapter.
(n)
Physical training studios, in either classes
or individual instruction format, including studios for dance, karate,
fitness, and organized athletic activities for children, not to exceed
2,500 square feet of gross floor area.
[Added 10-7-2003 by L.L. No. 9-2003]
(2)
Special permit uses, subject to § 110-46 of this chapter.
(a)
Stores and shops for the conduct of retail business,
but excluding drive-up facilities, greater than 8,000 square feet
of gross floor area.
(b)
Personal service establishments, excluding drive-up
facilities, greater than 8,000 square feet of gross floor area.
(c)
Restaurants and drinking establishments excluding
drive-up services, other than cabarets, greater than 8,000 square
feet of gross floor area.
(d)
Administrative, business and professional offices,
other than offices that have a retail component, greater than 8,000
square feet of gross floor area, and not located on the ground floor
of a building.
(e)
Administrative, business and professional offices
that have a retail component, such as opticians, travel agents or
real estate agents, greater than 8,000 square feet of gross floor
area and located on any floor of a building.
(f)
Post offices greater than 8,000 square feet
of gross floor area.
(g)
Banks greater than 8,000 square feet of gross
floor area.
(h)
Theaters and cinemas, excluding the drive-up
type.
(i)
Service establishments, such as small appliance
and electronic stores, photocopy shops and mailing service establishments
greater than 8,000 square feet of gross floor area.
(j)
Places of religious worship, including parish
houses, rectories and the like and also including religious schools.
(k)
Funeral homes.
(l)
Radio and television stations or studios, excluding
exterior broadcasting antennas and satellite dishes.
(m)
Chartered fraternal organizations, existing
as of the effective date of this chapter.
(n)
Educational and training facilities, not to
exceed 5,000 square feet of gross floor area and not located on the
ground floor of a building.
(o)
Public utility facilities, excluding utility garages and storage yards, that are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(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.
C.
Development regulations. Each site in the CB-1 District
shall be subject to the following development regulations:
(1)
Maximum building coverage: 90%.
(2)
Maximum development coverage: 100%.
(3)
Minimum building setback:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
None required
|
None required
|
|
Rear
|
None required, but 6 feet if provided
|
20 feet
|
|
Side
|
None required, but 6 feet if provided
|
20 feet
|
(4)
Maximum height of principal structure: three stories
or 40 feet, whichever is less.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The CB-2 District is intended
to provide for a variety of commercial activities within the Central
Business District that are of moderate intensity in scale and traffic
generation yet of a similar character as the CB-1 District.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Stores and shops for the conduct of retail business,
but excluding drive-up facilities, not to exceed 8,000 square feet
of gross floor area.
(b)
Personal services establishments, excluding
drive-up facilities, not to exceed 8,000 square feet of gross floor
area.
(c)
Restaurants and drinking establishments excluding
drive-up services, other than cabarets, not to exceed 8,000 square
feet of gross floor area.
(d)
Administrative, business and professional offices,
other than offices that have a retail component, not to exceed 8,000
square feet of gross floor area, and not located on the ground floor
of a building.
(e)
Administrative, business and professional offices
that have a retail component, such as opticians, travel agents or
real estate agents, not to exceed 8,000 square feet of gross floor
area and located on any floor of a building.
(f)
Post offices, not to exceed 8,000 square feet
of gross floor area.
(g)
Banks, not to exceed 8,000 square feet of gross
floor area.
(h)
Counter drop-off dry cleaners and laundries,
not to exceed 2,500 square feet of gross floor area.
(i)
Libraries and museums.
(j)
Village governmental uses.
(k)
Parking lots and structures on Village-owned land, subject to the applicable provisions of Article IV of this chapter.
(l)
Educational and training facilities not to exceed
5,000 square feet of gross floor area.
(m)
Service establishments, such as small appliance
and electronic stores, photocopy shops and mailing service establishments,
not to exceed 8,000 square feet of gross floor area.
(n)
Residences above stores, restaurants, offices,
banks and personal service establishments, provided that such residences
were existing as of the effective date of this chapter.
(o)
Physical training studios, in either classes
or individual instruction format, including studios for dance, karate,
fitness, and organized athletic activities for children, not to exceed
2,500 square feet of gross floor area.
[Added 10-7-2003 by L.L. No. 9-2003]
(2)
Special permit uses, subject to § 110-46 of this chapter.
(a)
Stores and shops for the conduct of retail business,
but excluding drive-up facilities, greater than 8,000 square feet
of gross floor area.
(b)
Personal service establishments, excluding drive-up
facilities, greater than 8,000 square feet of gross floor area.
(c)
Restaurants and drinking establishments excluding
drive-up services, other than cabarets, greater than 8,000 square
feet of gross floor area.
(d)
Administrative, business and professional offices,
other than offices that have a retail component, greater than 8,000
square feet of gross floor area, and not located on the ground floor
of a building.
(e)
Administrative, business and professional offices
that have a retail component, such as opticians, travel agents or
real estate agents, greater than 8,000 square feet of gross floor
area and located on any floor of a building.
(f)
Post offices greater than 8,000 square feet
of gross floor area.
(g)
Banks greater than 8,000 square feet of gross
floor area.
(h)
Theaters and cinemas, excluding the drive-up
type.
(i)
Service establishments, such as small appliance
and electronic stores, photocopy shops and mailing service establishments
greater than 8,000 square feet of gross floor area.
(j)
Nursery schools, child and adult day-care centers, subject to the provisions of Article V of this chapter.
(k)
Places of religious worship, including parish
houses, rectories and the like and also including religious schools.
(l)
Funeral homes.
(m)
Radio and television stations or studios, excluding
exterior broadcasting antennas and satellite dishes.
(n)
Governmental offices not to exceed 8,000 square
feet of gross floor area.
(o)
Public utility facilities, excluding utility garages and storage yards, that are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject further to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
C.
Development regulations. Each site in the CB-2 District
shall be subject to the following development regulations:
(1)
Maximum building coverage: 75%.
(2)
Maximum development coverage: 90%.
(3)
Minimum building setback:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
None required
|
None required
|
|
Rear
|
None required, but 6 feet if provided
|
20 feet
|
|
Side
|
None required, but 6 feet if provided
|
20 feet
|
(4)
Maximum height of principal structure: three stories
or 40 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 2-2-1988 by L.L. No. 1-1988; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The GR District is intended to
provide for convenient commercial uses and services that serve persons
throughout the Village. These uses require frontage on major streets
given their need for high visibility and are considered relatively
high traffic generators.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Stores and shops for the conduct of retail business,
but excluding drive-up facilities, not to exceed 8,000 square feet
of gross floor area.
(b)
Personal services establishments, excluding
drive-up facilities, not to exceed 8,000 square feet of gross floor
area.
(c)
Restaurants and drinking establishments excluding
drive-up services, other than cabarets, not to exceed 8,000 square
feet of gross floor area.
(d)
Administrative, business and professional offices,
not to exceed 8,000 square feet of gross floor area.
(e)
Post offices, not to exceed 8,000 square feet
of gross floor area.
(f)
Banks, not to exceed 8,000 square feet of gross
floor area.
(g)
Counter drop-off dry cleaners and laundries,
not to exceed 2,500 square feet of gross floor area.
(h)
Laundromats or wash-and-folds, not to exceed
4,000 square feet of gross floor area.
(i)
Libraries and museums.
(j)
Village governmental uses.
(k)
Parking lots and structures on Village-owned land, subject to the applicable provisions of Article IV of this chapter.
(l)
Educational and training facilities.
(m)
Service establishments, such as small appliance
and electronic stores, photocopy shops and mailing service establishments,
not to exceed 8,000 square feet of gross floor area.
(n)
Residences above stores, restaurants, offices,
banks and personal service establishments, provided that such residences
were existing as of the effective date of this chapter.
(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.
(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]
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
|
(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.
[Amended 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The CN District is intended to
provide for a mix of residential and highly restricted commercial
uses. The character of the commercial uses should be compatible with
the surrounding residential neighborhood and should generally result
in limited traffic generation due to its pedestrian orientation.
B.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Stores and shops for the conduct of retail business,
but excluding drive-up facilities.
(b)
Personal service establishments, excluding drive-up
facilities.
(c)
Restaurants and drinking establishments, excluding
drive-up facilities, other than cabarets.
(d)
Counter drop-off dry cleaners and laundries,
not to exceed 2,500 square feet of gross floor area.
(e)
Libraries and museums.
(f)
Educational and training facilities.
(g)
Service establishments, such as small appliance
and electronic stores, photocopy shops and mailing service establishments.
(h)
Residences above stores, restaurants, offices
and personal service establishments, provided that said residences
have a separate entrance to the street or sidewalk.
(i)
General offices.
(j)
Physical training studios, in either classes
or individual instruction format, including studios for dance, karate,
fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(k)
Townhouses.
[Added 4-29-2019 by L.L. No. 1-2019]
(2)
Special permit uses.
(a)
Places of religious worship, including parish
houses, rectories and the like and also including religious schools.
C.
Development regulations. Each site in the CN District,
with the exception of townhouse uses, shall be subject to the following
development regulations:
[Amended 4-29-2019 by L.L. No. 1-2019]
(1)
Minimum net lot area: 7,000 square feet.
(2)
Maximum building coverage: 35%.
(3)
Maximum development coverage: 70%.
(4)
Minimum building setback:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
10 feet
|
10 feet
|
|
Rear
|
None required, but 6 feet if provided
|
20 feet
|
|
Side
|
None required, but 6 feet if provided
|
20 feet
|
(5)
Maximum height of principal structure: three stories
or 35 feet, whichever is less.
(7)
Townhouses shall be arranged and comply with the following development
standards:
[Added 4-29-2019 by L.L.
No. 1-2019]
(a)
Minimum gross site area: 7,500 square feet.
(b)
This minimum 7,500-square-foot lot may be subdivided into smaller,
fee simple, lots that must meet the following standards for townhouse
buildings:
[1]
Minimum lot area per townhouse unit: 2,500 square feet.
[2]
Maximum building coverage: 35%.
[3]
Maximum development coverage: 65%.
[4]
Minimum lot depth: 100 feet.
[5]
Minimum lot width: 25 feet.
[8]
Maximum height of principal structure: three stories or 35 feet.
[9]
There shall not be more than six townhouse units in a row of
buildings. To allow for adequate space for driveways onto the site
and parking in the rear of townhouse buildings, each grouping of units,
not to exceed six, shall be separated from any other separate lot,
building, group of buildings, or a differently zoned lot by a minimum
of 30 feet.
[Amended 12-7-1987 by L.L. No. 9-1987; 11-16-1987 by L.L. No. 11-1987; 8-14-1989 by L.L. No. 8-1989; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The CL District is intended to
provide for a wide range of commercial, Village service and limited
light industrial uses with low to moderate traffic generation characteristics.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(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.
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
|
(7)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
[Added 4-29-2019 by L.L.
No. 1-2019]
A.
Purpose and intent. The CL-1 District is intended to provide for
a mix of commercial, Village service, and residential uses with low
to moderate traffic generation characteristics.
B.
Permitted uses. No building or premises shall be used, and no building
shall be erected, altered or added to, unless otherwise provided in
this chapter, except for the following:
(1)
Principal uses.
(a)
Stores and shops for the conduct of retail business, not to
exceed 6,000 square feet of gross floor area, on lots of 10,000 square
feet or greater.
(b)
Personal service establishments on lots of 10,000 square feet
or greater.
(c)
Restaurants, excluding drive-up facilities, other than cabarets,
on lots of 20,000 square feet or greater.
(d)
Administrative, business and professional offices.
(e)
Banks.
(f)
Counter drop-off dry cleaners and laundries, not to exceed 2,500
square feet of gross floor area.
(g)
Laundromats or wash-and-folds, not to exceed 4,000 square feet
of gross floor area.
(h)
Governmental uses.
(i)
Educational and training facilities.
(j)
Funeral homes.
(k)
Service establishments, such as small appliance and electronic
stores, photocopy shops and mailing service establishments, on lots
of 10,000 square feet or greater.
(l)
Printing and publishing.
(m)
Retail sale and accessory storage of building, builder and household materials, not to exceed 6,000 square feet of gross floor area, in accordance with the provisions of Article V of this chapter.
(n)
Physical training studios, in either classes or individual instruction
format, including studios for dance, karate, fitness, and organized
athletic activities for children.
(o)
Townhouses.
(p)
Contractors.
(2)
Special permit uses.
(a)
Places of religious worship, including parish houses, rectories
and the like and also including religious schools.
(b)
Radio and television stations or studios, excluding exterior
broadcasting antennas and satellite dishes.
(c)
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
C.
Development regulations. Each site in the CL-1 District shall be
subject to the following development regulations:
(1)
Minimum net lot area: 10,000 square feet.
(2)
Maximum building coverage: 30%.
(3)
Maximum development coverage: 80%.
(4)
Minimum lot width: 100 feet.
(5)
Minimum building setback.
|
Location
|
Lot Line Abutting Nonresidential District
(feet)
|
Lot Line Abutting Residential District
(feet)
|
|---|---|---|
|
Front
|
20
|
20
|
|
Rear
|
10
|
30
|
|
Side
|
10
|
30
|
(7)
Maximum height of principal structure: 2 1/2 stories or
35 feet, whichever is less.
(8)
Townhouses shall be arranged and comply with the following development
standards:
(a)
Minimum gross site area: 7,500 square feet.
(b)
This minimum 7,500-square-foot lot may be subdivided into smaller,
fee simple, lots that must meet the following standards for townhouse
buildings:
[1]
Minimum lot area per townhouse unit: 2,500 square
feet.
[2]
Maximum building coverage: 35%.
[3]
Maximum development coverage: 65%.
[4]
Minimum lot depth: 100 feet.
[5]
Minimum lot width: 25 feet
[8]
Maximum height of principal structure: three stories
or 35 feet.
[9]
There shall not be more than six townhouse units
in a row of buildings. To allow for adequate space for driveways onto
the site and parking in the rear of townhouse buildings, each group
of six units shall be separated from any other separate lot, building,
group of buildings, or a differently zoned lot by a minimum of 30
feet.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The OG District is intended to
provide for a relatively high intensity of office uses with good access
to major roads. This district is not intended to provide for retail
sales as a principal use.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(2)
(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.
(e)
Parking structures incidental to the principal
use.
(g)
Other customary accessory uses incidental to
the principal use.
C.
Development regulations. Each site in the OG District
shall be subject to the following development regulations:
(1)
Minimum net lot area: 20,000 square feet.
(2)
Maximum building coverage: 25%.
(3)
Maximum development coverage: 70%.
(4)
Minimum lot width: 100 feet.
(5)
Minimum lot depth: 100 feet.
(6)
Minimum building setback:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
30 feet
|
30 feet
|
|
Rear
|
30 feet
|
50 feet
|
|
Side
|
30 feet
|
50 feet
|
(8)
Maximum height of principal structure: three stories
or 40 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The OD District is intended to
provide for professional or service uses of low intensity and reflective
of a neighborhood village environment. Conversions of residential
structures and rehabilitation of existing commercial structures are
encouraged.
B.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following:
(2)
(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.
(e)
Other customary accessory uses incidental to
the principal use.
C.
Development regulations. Each site in the OD District
shall be subject to the following development regulations:
(1)
Minimum net lot area: 10,000 square feet.
(2)
Maximum building coverage: 25%.
(3)
Maximum development coverage: 75%.
(4)
Minimum building setback:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
20 feet
|
20 feet
|
|
Rear
|
15 feet
|
15 feet
|
|
Side
|
20 feet
|
25 feet
|
(5)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
D.
Existing commercial uses. Those parcels in the OD
District used lawfully and as a matter of right for commercial purposes
on October 12, 1987, may continue to be used as if such commercial
use were a permitted principal use.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The OC District is intended to
provide for very-low-intensity professional office uses in a residential
neighborhood environment. Conversion of existing residential structures
is encouraged, and limited building expansions are permitted, while
at the same time preserving the unique and traditional character of
the district.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Detached one-family dwellings, not to exceed
one such dwelling per lot.
(b)
Public parks, playgrounds or similar recreational
areas, including customary recreational, refreshment and service buildings
and uses, provided that no structure shall be located nearer than
50 feet to any lot line.
(c)
Offices for administrative, business or professional
use.
(2)
(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.
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:
[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:
D.
Design regulations. The proposed design of any new
structure in the OC District or any conversion of any existing structure
which involves exterior alterations or additions shall be subject
to review by the Architectural Review Board. The Architectural Review
Board may grant its approval upon finding that the proposed design
is consistent with the unique and traditional character of the OC
District and is harmonious in appearance with the neighboring structures.
The Architectural Review Board shall deny its approval if the proposed
design would be inconsistent with the existing character of the district.
E.
Conversions. Anything above to the contrary notwithstanding,
any principal building in existence as of the effective date of this
section may be converted to an office use, in accordance with the
following provisions:
(1)
The intent of the OC District is to combine the qualities
of residential and office uses and structures in the given area. Conversions
of residential structures to professional office uses are encouraged
in the OC District. Conversions shall be limited, however, in scale
so as to preserve the architectural integrity of the buildings and
to maintain the relatively low building coverage of the lots. Such
conversions would preserve the predominantly residential character
existing in the OC District.
(2)
No enlargement or extension shall be made to any principal
building which will create a noncompliance or increase the degree
of existing noncompliance.
(3)
Such conversions shall conform with all lot and bulk requirements set forth in Subsection C, except that the aggregate area covered by all buildings, principal and accessory, shall not exceed 20% of the lot area.
(4)
Conversions may encompass expansion, extension or
enlargement of the principal building on the lot; provided, however,
that no such expansion, extension or enlargement shall increase the
aggregate floor area of the principal building by greater than 50%
of the total floor area existing as of the effective date of this
section.
(5)
No existing accessory building shall be expanded,
extended or enlarged, and no accessory building shall be converted
to a principal use.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990 8-20-1990
by L.L. No. 10-1990; 5-24-1993 by L.L. No. 5-1993; 11-1-1993 by L.L. No. 11-1993; 6-15-1998 by L.L. No. 3-1998; 7-12-1999 by L.L. No. 6-1999; 4-21-2003 by L.L. No. 2-2003; 10-7-2003 by L.L. No. 9-2003; 7-16-2018 by L.L. No. 5-2018; 11-19-2018 by L.L. No. 6-2018; 4-29-2019 by L.L. No. 1-2019]
A.
Purpose and intent. The RDX District, formerly the
RD Distict, is intended to provide for a variety of uses, including
a wide range of research, design and development activities, and limited
residential uses with appropriate controls that can be provided in
an industrial park setting, that can conform to a high level of performance
standards, that can be located in close proximity to residential,
institutional and commercial areas without objectionable influence
and that can serve as a buffer between commercial or industrial uses
and residential uses.
B.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Administrative, business and professional offices.
(b)
Radio or television stations or studios.
(c)
Printing and publishing.
(d)
Physical training studios, in either classes
or individual instruction format, including studios for dance, karate,
fitness, and organized athletic activities for children.
(e)
All forms of senior housing, including senior assisted-living
housing, and senior enriched/independent-living housing.
(f)
Biotech and pharmaceutical services and offices.
(g)
Hotel and conference centers.
(h)
Indoor storage.
(i)
Indoor auto storage.
(j)
Hi-tech/start-up incubator.
(k)
Educational institutions.
(2)
Special permit uses.
(a)
Educational and training facilities.
(b)
Light manufacturing: Any process where either
the nature, size or shape of articles or raw materials is changed
or where articles are assembled, provided that:
[1]
Such use is fully contained within the principal
structure on the site.
[2]
No objectionable or obnoxious odor, dust, fumes,
noise or smoke is produced.
[3]
There is no outside storage of materials, products
or by-products.
[4]
All loading docks and truck parking areas are
screened from view from all public roads by evergreen planting and/or
fencing satisfactory in quantity, size, location, height and design
to the Planning Board and Architectural Review Board.
[5]
The processes and procedures involved and the
potential by-products and wastes do not pose any threat to the environment
or to the public health, safety and welfare.
(c)
Health and athletic membership clubs conducting leisure-time and recreation activities for use by members, customers or clients on a periodic or seasonal basis, subject to the provisions of §§ 110-30J and 110-46 of this chapter, as well as the following:
[1]
Submission at the time of application of a detailed
exterior and interior layout plan and a schedule of activities and
maximum capacities;
[2]
Demonstration by the applicant that potential
traffic generation shall be within the reasonable capacity of the
existing or planned road or street providing access, and that traffic
circulation, exit and entrance drives are laid out to minimize traffic
hazards and nuisances; and
[3]
Demonstration by the applicant that the health
and athletic membership club will be appropriate in the proposed location
and will have no material adverse effect on existing or prospective
conforming development, and the proposed site is adequate in size
for the use.
(d)
Nursery schools, child day-care centers and adult day-care centers, subject to the provisions of Article V of this chapter.
(e)
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(f)
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject further to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
(g)
Family recreation facilities subject to the provisions of §§ 110-30P and 110-46 of this chapter, and the following additional requirements:
[1]
Parking requirements shall be determined by the Planning Board
based upon specific standards from the Institute of Transportation
Engineers or other recognized parking sources per specific use;
[2]
All activities within the family recreation facility shall be
under unified management and control;
[3]
Accessory uses shall be limited by the following conditions:
[a]
No accessory use shall be conducted other than
in the portion of the facility specifically provided therefor.
[b]
Not more than three accessory uses shall be permitted
with respect to any facility.
[c]
The aggregate floor area devoted to accessory uses
shall not exceed 5% of the gross area of the principal use(s).
[d]
There shall be no direct access for customers to
the accessory use from outside the area devoted to the principal use(s).
[e]
There shall be no signs visible from outside the
area devoted to the principal use(s) indicating the accessory use.
[f]
Operation of the accessory use shall not be permitted
except during hours when the principal use is in operation.
(3)
Accessory uses.
C.
Development regulations. Each site in the RDX District
shall be subject to the following development regulations:
(1)
Minimum net lot area: 40,000 square feet.
(2)
Maximum building coverage: 35%.
(3)
Maximum development coverage: 70%.
(4)
Minimum lot width: 100 feet.
(5)
Minimum lot depth: 100 feet.
(6)
Minimum building setback for uses except parking structures:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
30 feet
|
30 feet
|
|
Rear
|
20 feet
|
35 feet
|
|
Side
|
20 feet
|
35 feet
|
(7)
Minimum building setback for parking structures:
|
Location
|
Lot Line Abutting Nonresidential District
|
Lot Line Abutting Residential District
|
|---|---|---|
|
Front
|
30 feet
|
30 feet
|
|
Rear
|
20 feet
|
50 feet
|
|
Side
|
20 feet
|
50 feet
|
(9)
Maximum height of principal structure: three stories
or 40 feet, whichever is less.
[Amended 11-16-1987 by L.L. No. 11-1987; 8-14-1989 by L.L. No. 8-1989; 4-16-1990 by L.L. No. 4-1990; 5-20-1991 by L.L. No. 5-1991; 9-3-1991 by L.L. No. 9-1991; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The ML District is intended to
provide for a wide range of service, light industrial, manufacturing
or warehousing uses and could include the fabrication, manufacturing,
assembly or processing of materials that may, to a limited extent,
be produced on site. Such uses may produce smoke, noise, vibration,
light, heat, glare or fumes, provided that measures are taken to minimize
the impact beyond the boundaries of the property upon which the use
is located.
B.
Permitted uses. No building or premises shall be used
and no building shall be erected, altered or added to unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Any use permitted in the RDX Research and Development District, as specified in § 110-23B(1) of this chapter.
[Amended 4-29-2019 by L.L. No. 1-2019]
(b)
Automotive and equipment sales, service and repair, subject to the requirements set forth in Article V of this chapter.
(c)
Wholesale, indoor storage and warehousing establishments, but excluding the storage, processing or handling of junked automobiles, tires or other automobile parts; discarded appliances; scrap metal; construction and demolition debris; garbage, refuse or residential, commercial or industrial or other waste, except the storage, in compliance with § 69-7 of this Code, of such material as is generated on the premises.
(d)
Lumber and building equipment sales, storage
and service.
(e)
Veterinary clinics and hospitals.
(f)
Educational and training facilities.
(g)
Public utilities.
(h)
Laundry or dry-cleaning plants.
(i)
Retail sales of bulk household items related
to home improvement and maintenance, such as furniture, major appliances,
carpeting, rugs, flooring, fireplace equipment, beds and bedding,
pianos and organs, garage doors and similar bulk household items.
(j)
Limited personal service uses, with scheduled
and/or restricted customer access, such as major appliance service,
carpet and flooring service, garage door service, interior decorating
service, photography studios, beauty shops, barbershops, nail salons,
tanning salons, weight control clinics and similar personal service
uses.
(2)
Special permit uses.
(a)
Membership clubs conducting leisure-time and recreation activities for use by members, customers or clients on a periodic or seasonal basis, subject to the provisions of §§ 110-30J and 110-46 of this chapter, as well as the following:
[1]
Submission at the time of application of a detailed
exterior and interior layout plan and a schedule of activities and
maximum capacities;
[2]
Demonstration by the applicant that potential
traffic generation shall be within the reasonable capacity of the
existing or planned road or street providing access, and that traffic
circulation, exit and entrance drives are laid out to minimize traffic
hazards and nuisances; and
[3]
Demonstration by the applicant that the membership
club will be appropriate in the proposed location and will have no
material adverse effect on existing or prospective conforming development,
and the proposed site is adequate in size for the use.
(b)
(c)
Family recreation facilities subject to the provisions of §§ 110-30P and 110-46 of this chapter, and the following additional requirements:
[Added 7-16-2018 by L.L.
No. 5-2018]
[1]
Parking requirements shall be determined by the Planning Board
based upon specific standards from the Institute of Transportation
Engineers or other recognized parking sources per specific use:
[Amended 4-29-2019 by L.L. No. 1-2019]
[2]
All activities within the family recreation facility shall be
under unified management and control;
[3]
Accessory uses shall be limited by the following conditions:
[a]
No accessory use shall be conducted other than
in the portion of the facility specifically provided therefor.
[b]
Not more than three accessory uses shall be permitted
with respect to any facility.
[c]
The aggregate floor area devoted to accessory uses
shall not exceed 5% of the gross area of the principal use(s).
[d]
There shall be no direct access for customers to
the accessory use from outside the area devoted to the principal use(s).
[e]
There shall be no signs visible from outside the
area devoted to the principal use(s) indicating the accessory use.
[f]
Operation of the accessory use shall not be permitted
except during hours when the principal use is in operation.
(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.
(c)
Other customary accessory uses incidental to
the principal use on the site.
C.
Development regulations. Each site in the ML District
shall be subject to the following development regulations:
(1)
Minimum lot area: 10,000 square feet.
(2)
Maximum building coverage: 45%.
(3)
Maximum development coverage: 70%.
(4)
Minimum lot width: 75 feet.
(5)
Minimum lot depth: 75 feet.
(6)
Minimum building setback:
|
Location
|
Lot Abutting Nonresidential District
|
Lot Abutting Residential District
|
|---|---|---|
|
Front
|
10 feet
|
10 feet
|
|
Rear
|
10 feet
|
30 feet
|
|
Side
|
10 feet
|
30 feet
|
(8)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
[Added 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The SC District is intended to
provide for a wide range of service, commercial and light industrial
uses. Operations must confine all nuisance characteristics, such as
noise and odors, on site and include suitable screening for abutting
properties.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Administrative, business and professional offices.
(b)
Radio or television stations or studios.
(c)
Printing and publishing.
(d)
Automotive and equipment sales, service and repair, subject to the requirements set forth in Article V of this chapter.
(e)
Wholesale, indoor storage and warehousing establishments, but excluding the storage, processing or handling of junked automobiles, tires or other automobile parts; discarded appliances; scrap metal; construction and demolition debris; garbage, refuse or residential, commercial or industrial or other waste, except the storage, in compliance with § 69-7 of this Code, of such material as is generated on the premises.
(f)
Building supply and lumber yards, but excluding
secondhand lumber and junkyards, not to exceed 20,000 square feet
of gross floor area.
(g)
Veterinary clinics and hospitals.
(h)
Educational and training facilities.
(i)
Retail sales of bulk household items related
to home improvement and maintenance, not to exceed 20,000 square feet
of gross floor area, such as furniture, major appliances, carpeting,
rugs, flooring, fireplace equipment, beds and bedding, pianos and
organs, garage doors and similar bulk household items.
(j)
Service establishments, with scheduled and/or
restricted customer access, such as major appliance service, carpet
and flooring service, garage door service, interior decorating service,
cabinetmaking, and similar service uses.
(k)
Personal service establishments.
(l)
Village governmental uses.
(m)
Physical training studios, in either classes
or individual instruction format, including studios for dance, karate,
fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(2)
Special permit uses.
(a)
Health and athletic membership clubs conducting leisure-time and recreation activities for use by members, customers or clients on a periodic or seasonal basis, subject to the provisions of §§ 110-30J and 110-46 of this chapter, as well as the following:
[1]
Submission at the time of application
of a detailed exterior and interior layout plan and a schedule of
activities and maximum capacities;
[2]
Demonstration by the applicant
that potential traffic generation shall be within the reasonable capacity
of the existing or planned road or street providing access, and that
traffic circulation, exit and entrance drives are laid out to minimize
traffic hazards and nuisances; and
[3]
Demonstration by the applicant
that the health and athletic membership club will be appropriate in
the proposed location and will have no material adverse effect on
existing or prospective conforming development, and the proposed site
is adequate in size for the use.
(b)
Research, design and development facilities, subject to the requirements set forth in § 110-30N.
(c)
Public utility facilities, excluding utility garages and storage yards, which are needed to serve properties within the Village, subject to a determination by the Village Board of Trustees that no other reasonable location in a less restricted district can be utilized for the purposes contemplated and subject, further, to such conditions as the Planning Board may deem to be appropriate for the protection of adjoining uses and for the character of the district. All parking and service areas connected with such use shall be screened from the view of all adjoining and neighboring residential properties. The site plan shall be subject to approval by the Planning Board, in accordance with the provisions of § 110-45 of this chapter.
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
|
(8)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
[Added 4-21-2003 by L.L. No. 2-2003[1]]
A.
Purpose and intent. The GC District is intended to
provide for a mixture of commercial and light industrial uses. Operations
must confine all nuisance characteristics, such as noise and odors,
on site and include suitable screening for abutting properties.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Principal uses.
(a)
Administrative, business and professional offices.
(b)
Radio or television stations or studios.
(c)
Printing and publishing.
(d)
Indoor vehicle storage, service and repair garages, subject to the requirements set forth in Article V of this chapter.
(e)
Building supply and lumber yards, but excluding secondhand lumber and junkyards, not to exceed 40,000 square feet of gross floor area . Outdoor storage shall comply with the applicable provisions of Article V of this chapter.
(f)
The sale and rental of motor vehicles in accordance with the provisions for such as set forth in Article V of this chapter.
(g)
Retail sales of bulk household items related
to home improvement and maintenance, not to exceed 40,000 square feet
of gross floor area, such as furniture, major appliances, carpeting,
rugs, flooring, fireplace equipment, beds and bedding, pianos and
organs, garage doors and similar bulk household items.
(h)
Service establishments, with scheduled and/or
restricted customer access, such as major appliance service, carpet
and flooring service, garage door service, interior decorating service,
cabinetmaking, and similar service uses.
(i)
Personal service establishments.
(j)
Hotels and motels.
(k)
Counter drop-off dry cleaners and laundries,
not to exceed 2,500 square feet of gross floor area.
(l)
Laundromats or wash-and-folds, not to exceed
4,000 square feet of gross floor area.
(m)
Physical training studios, in either classes
or individual instruction format, including studios for dance, karate,
fitness, and organized athletic activities for children.
[Added 10-7-2003 by L.L. No. 9-2003]
(2)
Special permit uses.
(a)
Health and athletic membership clubs conducting leisure-time and recreation activities for use by members, customers or clients, on a periodic or seasonal basis, subject to the provisions of § 110-30J and 110-46 of this chapter, as well as the following:
[1]
Submission at the time of application of a detailed
exterior and interior layout plan and a schedule of activities and
maximum capacities;
[2]
Demonstration by the applicant that potential
traffic generation shall be within the reasonable capacity of the
existing or planned road or street providing access and that traffic
circulation, exit and entrance drives are laid out to minimize traffic
hazards and nuisances; and
[3]
Demonstration by the applicant that the health
and athletic membership club will be appropriate in the proposed location
and will have no material adverse effect on existing or prospective
conforming development and the proposed site is adequate in size for
the use.
(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.
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
|
(8)
Maximum height of principal structure: three stories
or 40 feet, whichever is less.
(9)
Maximum building length: 160 feet.
[1]
Editor's Note: This local law replaced former
§ 110-25, MG General Manufacturing District.
[Amended 11-16-1987 by L.L. No. 11-1987; 4-16-1990 by L.L. No. 4-1990; 5-24-1993 by L.L. No. 5-1993; 6-15-1998 by L.L. No. 3-1998; 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The H District is intended to
provide for acute and intermediate medical care and services.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(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.
(3)
Accessory uses.
(a)
Customary accessory buildings and uses incidental
to a hospital; provided, however, that said accessory buildings are
arranged, designed and intended for incidental use.
(b)
Off-street parking and loading, including public and private parking lots in accordance with the provisions of Article IV of this chapter.
(c)
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L.
No. 6-2018]
C.
Development regulations. Each site in the H District
shall be subject to the following development regulations:
(1)
For residential uses.
(a)
Minimum net lot area per dwelling unit: 3,125
square feet; however, six-story multifamily dwellings existing prior
to the effective date of this chapter may have a minimum lot area
of 900 square feet per dwelling unit.
(b)
Maximum building coverage: 25%.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum lot width: 100 feet.
(e)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less, unless existing prior to the
effective date of this chapter.
(g)
Maximum building length: No building facade
shall exceed a length of 160 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.
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.
[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:
C.
Development regulations. Each site in the R District
shall be subject to the following development regulations:
D.
Additional regulations.
(1)
The Planning Board may modify the required right-of-way
and pavement widths for private roads serving the development if,
on the basis of sound planning and engineering standards, it determines
that the proposed widths are adequate and sufficient in size, location
and design to accommodate the traffic, parking and loading needs it
is anticipated they will bear and to provide adequate access to the
proposed development for fire-fighting equipment and police or emergency
vehicles.
(2)
Buffers shall be designed to effectively limit the
visibility of the development from surrounding uses and shall principally
include areas left substantially in their natural state, although
the Planning Board may require that portions of said buffer areas
be landscaped with grass, trees, shrubs or other ground cover or treatment
to effectively limit the visibility of the development from surrounding
areas. No parking, loading or buildings shall be permitted in said
buffer areas, with the exception of preexisting buildings, a gate
or security house of not greater than 125 square feet in area and
15 feet in height and required utility structures designed to service
the proposed development. Any new accessory structure located in a
buffer area shall be permitted upon approval of the Planning Board.
(3)
Significant ecological features, such as trees and
stands of trees of significant size or character, streams and wetlands,
shall be preserved and incorporated into the landscaping of the development
to the maximum extent possible.
(4)
Significant topographical features, such as steep
slopes and large rock outcrops, shall be preserved, except where,
in the judgment of the Planning Board, their alteration is necessary
to create a satisfactory site plan.
(5)
All utilities shall be installed underground or within
buildings. Plans for water and sewer service shall be subject to approval
by the Village Engineer. On-site drainage facilities shall be provided
so as to minimize off-site flooding. Said drainage facilities shall
also be subject to approval by the Village Engineer.
(6)
If development is planned in stages, the Planning
Board shall review and, if acceptable, approve the overall plan, as
well as each stage, to assure that the staged development meets good
planning and engineering standards.
(7)
The development shall result in the preservation of
open space having meaningful scenic, ecological and/or recreational
characteristics, with its location, access, shape and dimensions suitable,
in the judgment of the Planning Board, for the intended purposes.
[Added 10-21-1996 by L.L. No. 3-1996]
A.
Purpose and intent. The Personal Wireless Service
Facilities Overlay District is an overlay district intended to provide
a suitable choice of locations for establishment, construction and
maintenance of personal wireless service facilities.
B.
Permitted uses. Except as specified in § 110-27H (Special permits for sites outside the Personal Wireless Service Facilities Overlay District), all new personal wireless service facilities, and all additions and/or modifications to currently existing personal wireless service facilities, shall be allowed only in the Personal Wireless Service Facilities Overlay District and only pursuant to a special permit issued by the Planning Board in accordance with the criteria set forth in this section and in § 110-46 of the Zoning Law.
C.
Underlying zoning regulations. The requirements of
the underlying zoning districts shall apply within the Personal Wireless
Service Facilities Overlay District unless the provisions set forth
in this section are deemed more stringent than the underlying requirements.
All structures and facilities accessory to personal wireless service
facilities, including but not limited to equipment sheds, parking
areas, anchors, bases and pads, shall comply with the existing setback
and dimensional regulations established for principal structures in
the underlying zoning district, except for the height of a proposed
tower or monopole.
D.
Data requirements. Applicants for special permits
shall file with the Village Clerk 3 copies and with the Planning Board
11 copies, of the following documents:
(1)
Site plan. A site plan, in conformance with applicable site plan submission requirements contained in § 110-45 of the Zoning Law. The site plan shall show elevations, height, width, depth, type of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed personal wireless service facility and such other information that the Planning Board requires.
(2)
Environmental Assessment Form. A completed Environmental
Assessment Form ("EAF"), including the Visual EAF Addendum. Particular
attention shall be given to visibility from key viewpoints identified
in the Visual EAF Addendum, existing treelines and proposed elevations.
(3)
Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences and materials used. For towers or monopoles, the landscape plan shall address the criteria set forth in § 110-27.1F(3).
(4)
Documentation of proposed height. Documentation
sufficient to demonstrate that the proposed height is the minimum
height necessary to provide service to locations which the applicant
is not able to serve with existing facilities within and outside the
Village.
(5)
Statement regarding colocation. For new personal
wireless service facilities, a statement by the applicant as to whether
construction of the facility will accommodate colocation of additional
facilities for future users.
(6)
Structural engineering report. A report prepared
by a New York State licensed professional engineer specializing in
structural engineering as to the structural integrity of the personal
wireless service facility. In the case of a tower or monopole, the
structural engineering report shall describe the structure's height
and design, including a cross section of the structure, demonstrate
the structure's compliance with applicable structural standards and
describes the structure's capacity, including the number of antennas
it can accommodate and the precise point at which the antenna shall
be mounted. In the case of an antenna mounted on an existing structure,
the structural engineering report shall indicate the ability of the
existing structure to accept the antenna, the proposed method of affixing
the antenna to the structure and the precise point at which the antenna
shall be mounted.
(7)
Engineering analysis of radio emissions. An
engineering analysis of the radio emissions and a propagation map
for the proposed personal wireless service facility. The analysis
shall be prepared and signed by a New York State-licensed professional
engineer specializing in electrical engineering with expertise in
radio-communication facilities. The results from the analysis must
clearly show that the power density levels of the electromagnetic
energy generated from the proposed facility are within the allowable
limits established by the FCC which are in effect at the time of the
application. If the proposed personal wireless service facility would
be colocated with an existing facility, the cumulative effects of
the facilities must also be analyzed. The power density analysis shall
be based on the assumption that all antennas mounted on the proposed
facility are simultaneously transmitting radio energy at a power level
equal to the maximum antenna power rating specified by the antenna
manufacturer.
(8)
Map of proposed coverage and existing facilities.
A map showing the area of coverage of the proposed facility and listing
all existing personal wireless service facilities in the Village and
bordering municipalities containing personal wireless service facilities
used by the applicant, and a detailed report indicating why the proposed
personal wireless service facility is required to provide service
to locations which the applicant is not able to serve with existing
facilities which are located within and outside the Village, by colocation
and otherwise.
E.
Criteria for special permit applications. Applicants
for special permits for establishment or construction of personal
wireless service facilities shall meet all of the following criteria:
(1)
Necessity. The proposed personal wireless service
facility is required to provide service to locations which the applicant
is not able to serve with existing facilities which are located within
and outside the Village, by colocation and otherwise.
(2)
Colocation. The colocation of existing personal
wireless service facilities only within the Personal Wireless Service
Facilities Overlay District shall be strongly preferred to the construction
of new personal wireless service facilities. If a new site for a personal
wireless service facility is proposed, the applicant shall submit
a report setting forth in detail an inventory of existing personal
wireless service facilities within the Personal Wireless Service Facilities
Overlay District which are within a reasonable distance from the proposed
facility with respect to coverage, an inventory of existing personal
wireless service facilities in other municipalities which can be utilized
or modified in order to provide coverage to the locations the applicant
is seeking to serve and a report on the possibilities and opportunities
for colocation as an alternative to a new site. The applicant must
demonstrate that the proposed personal wireless service facility cannot
be accommodated on an existing facility within the Personal Wireless
Service Facilities Overlay District or on an existing facility in
another municipality due to one or more of the following reasons:
(a)
The proposed equipment would exceed the existing
and reasonably potential structural capacity of existing and approved
personal wireless service facilities within the Personal Wireless
Service Facilities Overlay District, considering existing and planned
use for those facilities.
(b)
The existing or proposed equipment would cause
interference with other existing or proposed equipment which could
not reasonably be prevented or mitigated.
(c)
Existing or approved personal wireless service
facilities within the Personal Wireless Service Facilities Overlay
District or in neighboring municipalities do not have space on which
the proposed equipment can be placed so it can function effectively
and reasonably, and the applicant has not been able, following a good-faith
effort, to reach an agreement with the owners of such facilities.
(d)
Other reasons make it impracticable to place
the proposed equipment on existing and approved personal wireless
service facilities within the Personal Wireless Service Facilities
Overlay District on existing facilities in other municipalities.
(e)
Service to the locations to which the applicant
seeks to provide service cannot be provided by existing facilities
within or outside the Village.
(3)
Maximum height. Unless the FCC promulgates rules
to the contrary or the applicant demonstrates to the satisfaction
of the board granting the special permit that a greater height is
necessary, the maximum height for a tower or monopole shall be 80
feet above ground level or the minimum height necessary to provide
service to locations which the applicant is not able to serve with
existing facilities within and outside the Village, whichever is less.
(4)
Minimum lot size. The minimum lot size for a
tower or monopole shall be equal to the square of twice the tower's
or monopole's height, or the minimum lot size required by the underlying
zoning district, whichever is greater.
(5)
Setbacks. Unless the FCC promulgates rules to
the contrary, all personal wireless service facilities shall be separated
from all residential dwellings by a distance of no less than 500 feet.
In no case shall a setback be less than 20 feet or the minimum setback
required by the underlying zoning district, whichever is greater.
The setback shall increase 100 feet for each 10 feet that the personal
wireless service facility exceeds the maximum height set forth in
the underlying zoning district. Setbacks from towers or monopoles
shall be measured from the base of the structure.
(6)
Security fencing. Security fencing, showing
the location, materials and height, shall be provided around each
tower or monopole to secure the site and provide an opaque banner.
Access to the structure shall be through a locked gate.
(7)
Architectural compatibility. Where a personal
wireless service facility is to be attached to an existing building
or structure, such facility shall be integrated into such existing
building or structure in a manner which blends with the architectural
characteristics of the building or structure to the maximum extent
practicable.
(8)
Placement. Unless wall-mounted on an existing
roof-mounted mechanical enclosure or similar appurtenance, all antennas
mounted on a roof shall be located so that visibility of the antenna
is limited to the greatest extent practicable. Antennas wall-mounted
on a roof mounted mechanical enclosure or similar appurtenance shall
not exceed the height of the appurtenance at the point of installation.
F.
Design guidelines. The proposed personal wireless
service facility shall meet the following applicable design guidelines:
(1)
Finish/colors. Towers or monopoles not requiring
Federal Aviation Administration (FAA) painting or marking shall either
have a galvanized finish or be painted gray or blue-gray above the
surrounding treeline and gray, green or tannish brown below the surrounding
treeline.
(2)
Illumination. No signals, lights or illumination
shall be permitted on personal wireless service facilities unless
required by the FAA or other federal, state or local authority.
(3)
Landscaping for towers or monopoles. For towers
or monopoles, vegetative screening shall be provided to effectively
screen the tower base and accessory facilities. At a minimum, screening
shall consist of one row of native evergreen shrubs or evergreen trees
capable of forming a continuous hedge at least five feet in height
within two years of planting. Existing vegetation shall be preserved
to the maximum extent practicable and may be used as a substitute
of or in supplement toward meeting landscaping requirements. Additional
screening may be required to screen portions of the structure from
nearby residential property or important views. All landscaping shall
be properly maintained to ensure good health and viability.
(4)
Visibility. All personal wireless service facilities
shall be sited to have minimum adverse visual effect on residential
areas, parks or major roadways.
(5)
Signage. Signage shall be prohibited on personal
wireless service facilities except for signage to identify the facility
which is located along the right-of-way frontage and is approved by
the Architectural Review Board. Except as specifically required by
a federal, state or local authority, no signage shall be permitted
on equipment mounting structures or antennas.
G.
Construction and maintenance.
(1)
Time limit for completion. A building permit
must be obtained within six months after approval of a special permit
for a personal wireless service facility, and construction of such
facility must be completed within 12 months of such approval. The
special permit shall automatically expire in the event that the building
department has not granted such permit and construction of the facility
is not completed with the periods set forth above.
(2)
Annual inspections.
(a)
Unless otherwise preempted by federal or state
law, personal wireless service facilities, including towers, monopoles
and antennas, shall be inspected annually at the applicant's expense
for structural integrity, and a copy of the inspection report shall
be promptly transmitted to the Building Inspector. The structural
inspection shall be performed by a New York State-licensed professional
engineer specializing in structural engineering. The structural inspection
report shall describe the structural integrity of the personal wireless
service facility, maintenance issues and repairs needed or made, if
any. In the event that the structural inspections indicates structural
deficiencies, then the deficiencies must be remedied within the time
reasonably set by the Building Inspector.
(b)
Unless otherwise preempted by federal or state
law, personal wireless service facilities, including towers, monopoles
and antennas, shall be inspected annually at the applicant's expense
for radio emissions, and a copy of the inspection report shall be
promptly transmitted to the Building Inspector. Radio emission inspection
shall be performed by a New York State-licensed professional engineer
specializing in electrical engineering with expertise in radiocommunication
facilities. The radio emission inspection shall describe the power
density levels of the electromagnetic energy generated from the facility,
including the cumulative effects of colocated antennas. In the event
that the radio emission inspection indicates that the electromagnetic
energy generated from the facility are above the allowable limits
stated within applicable FCC or ANSI standards or other applicable
state or federal guidelines in effect at the time of the inspection,
the applicant shall cease all use of the facility until such time
as it proves to the satisfaction of the Building Inspector that the
power density levels of the electromagnetic energy to be generated
at the facility are below the applicable standards.
(3)
Abandonment. In the event that the use of any
personal wireless service facility has been discontinued by all operators
on such facility for a period of 180 consecutive days or more, the
facility shall be deemed to be abandoned. Determination of the date
of abandonment shall be made by the Building Inspector, who shall
have the right to request documentation from the owner/operator of
the facility regarding usage thereat. Upon such abandonment, the owner/operator
shall remove the facility at its own expense, and failing prompt removal,
the Village may remove the facility at the owner/operator's expense.
All special permits, variances and approvals of any nature granted
by the Village shall automatically expire as of the date of abandonment
of the facility.
H.
Special permits for sites outside the Personal Wireless Service Facilities Overlay District. Personal wireless service facilities at sites outside the Personal Wireless Service Facilities Overlay District shall require a special permit from the Village Board if the site is located on Village-owned property and the Planning Board if the site is located on any other property, and shall be permitted only if, in addition to demonstrating compliance with all other requirements of this § 110-27.1, a New-York-State-licensed professional engineer specializing in electrical engineering with expertise in radiocommunication facilities also establishes to the satisfaction of the approving agency all of the following:
[Amended 2-18-2021 by L.L. No. 1-2021]
(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 co-location in the Personal Wireless Service Facilities
Overlay District.
I.
Alteration of an existing antenna. Alteration of an
existing antenna which results in an increase in the size or height
of the antenna shall be permitted only after application to the Planning
Board which shall review the matter as if the alteration were an entirely
new application for a special permit.
J.
Exemptions. The following are exempt from the provisions
of this section:
(1)
Machines and equipment designed and marketed
as consumer products such as walkie-talkies, ham radios not used commercial
purposes, remote control toys and cellular phones;
(2)
Hand-held, mobile, marine and portable radiocommunication
transmitters and/or receivers;
(3)
Two-way radios utilized for temporary or emergency
service communications;
(4)
Two-way radios utilized for government service
communications;
(5)
Back-up wireless transmitters connected to an
alarm-monitoring service that transmits to a remote monitoring center
in the event of ail emergency when the telephone lines are inoperable;
and
(6)
Over-the-air receive-only devices in compliance
with FCC rules and standards.
[Added 4-21-2003 by L.L. No. 2-2003]
A.
Purpose and intent. The PRD District is intended to
permit the development of a creative arrangement of residential land
uses; encourage innovative residential development plans that would
meet the needs of senior citizens; provide abundant areas of open
space and preserve, enhance or create environmental features and other
scenic and ecological resources; and foster innovative, flexible and
diversified types, designs and layouts of residential housing.
B.
Permitted uses. No building or premises shall be used,
and no building shall be erected, altered or added to, unless otherwise
provided in this chapter, except for the following:
(1)
Permitted principal uses.
(2)
Special permit uses.
(a)
Senior housing, but not to include senior assisted living housing as defined in § 110-59, Definitions, and multifamily dwellings that concentrate buildings in specific areas to preserve natural site features and substantially contiguous open spaces.
(b)
Places of religious worship, including parish
houses, churches, rectories and the like and also including religious
schools.
(3)
Accessory uses.
(a)
Off-street parking of passenger and commercial vehicles, in the open or in private garages, in accordance with the provisions of Article IV of this chapter.
(b)
Swimming pools and tennis and deck- or paddle-tennis facilities, in accordance with the provisions of Article V of this chapter.
(c)
Customary home gardens.
(d)
The keeping of a reasonable number of common
household pets, but excluding the commercial breeding or boarding
of the same.
(e)
Other customary accessory uses, buildings or structures subject to the applicable provisions of Article V hereof, such as playhouses, greenhouses, cabanas, trash containers, outdoor air conditioners and the like, provided that said uses and buildings or structures are incidental to the principal use, and further provided that said uses shall not include any activity conducted as a business or as a separate residence.
(f)
Additional customary accessory uses incidental
to residential developments, such as:
[1]
Living facilities for the management,
maintenance or security personnel of the development. These living
facilities shall be included in the total dwelling unit count for
the development.
[2]
Maintenance, security or utility
structures serving the specific needs of the development.
[3]
Recreation buildings or uses serving
the specific needs of the development, excluding indoor tennis buildings,
air-supported structures or other such large recreation buildings.
(g)
Tier 1 solar energy systems.
[Added 11-19-2018 by L.L.
No. 6-2018]
C.
Development regulations.
(1)
Detached one- and two-family dwellings shall
be arranged and comply with the following development standards:
(a)
Minimum net lot area: 22,500 square feet.
(b)
Maximum building coverage: 25%.
(c)
Maximum development coverage: 40%.
(d)
Minimum lot width: 150 feet.
(e)
Minimum lot depth: 150 feet.
(f)
Minimum building setback:
|
Location
|
From Single-Family
|
From Multifamily
|
|---|---|---|
|
Front
|
25 feet
|
25 feet
|
|
Rear
|
30 feet
|
30 feet
|
|
Side
|
20 feet
|
10 feet
|
(g)
Maximum height of principal structure: 2 1/2
stories or 35 feet, whichever is less.
(2)
Attached one-family dwellings on a single site
in a clustered layout shall be arranged and comply with the following
development standards:
(a)
Lot and bulk.
[1]
Minimum gross site area: two acres.
[2]
Minimum net area per dwelling unit:
15,000 square feet.
[3]
Minimum distance between any two
principal buildings: 30 feet as measured between the closest points
of both structures.
[4]
Maximum height of principal structure:
2 1/2 stories or 35 feet, whichever is less.
[5]
Maximum development coverage: 35%.
[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.
[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]
[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:
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:
(3)
All legal agreements and documents pertaining
to the establishment of any trust or association and to the preservation
and protection of all open space shall be subject to approval by the
Planning Board of the Village of Mt. Kisco. The Village may require
any additional conditions, agreements or documents which it deems
necessary to ensure the completion of all improvements, the establishment
of and continuity of the trust or association and the preservation
and protection of all open space.
(4)
Significant ecological features, such as trees
and stands of trees of significant size or character, streams and
wetlands, shall be preserved and incorporated into the landscaping
of the development to the maximum extent possible.
(5)
Significant topographical features, such as
steep slopes and large rock outcrops, shall be preserved, except where,
in the judgment of the Planning Board, their alteration is necessary
to achieve a satisfactory site plan.
[Added 4-29-2019 by L.L.
No. 1-2019]
A.
Purposes. The Downtown Overlay District provides an option to developers
that is intended to:
(1)
Encourage new traditional mixed-use downtown development and
redevelopment to occur within the downtown area that is consistent
with historic town development patterns and provides a scale and mix
of uses appropriate for the Village/Town of Mount Kisco;
(2)
Encourage mixed-use real estate development oriented to the
rail station, and that promotes transit ridership;
(3)
Promote well-integrated residential, commercial, office and
civic development in close proximity to the local transit station
that has an urban village scale development pattern;
(4)
Support new development that includes diverse pedestrian-compatible,
higher-density, transit-friendly designs and expands economic development
opportunities and minimizes distances between destinations by requiring
linked sidewalks and pedestrian-oriented access;
(5)
Provide incentives for the creation of mixed uses in keeping
with the character, scale and architecture of the neighborhood, while
using development design guidelines to promote compatibility of uses
and stimulate pedestrian activity;
(6)
Promote the livability and identity of the neighborhood by providing
for dwellings, shops and workplaces in close proximity to each other;
(7)
Enhance the visual character and physical comfort of the district
by minimizing pedestrian and vehicular conflicts and encouraging the
renovation and erection of buildings and storefronts that provide
direct connections to the street and sidewalk;
(8)
Discourage the dependence on automobile use, thereby reducing
traffic congestion and promoting alternative modes of transportation;
(9)
Encourage the development of shared parking and attractive,
convenient off-street parking facilities to reduce on-street congestion
and facilitate vehicular and pedestrian circulation; and
(10)
Provide for efficient pedestrian, bicycle and vehicular circulation,
with an emphasis on avoiding automobile-centric sprawling commercial
development.
B.
Definitions.
(2)
ACTIVE EDGE
ACTIVE FRONTAGE
BUILD-TO-LINE
BUILD-TO-ZONE
CIVIC SPACE
DOWNTOWN OVERLAY DISTRICT DEVELOPMENT
EDGING ELEMENTS
FRONTAGE OCCUPANCY
FRONTAGE, PRIMARY
FRONTAGE, PRIVATE
FRONTAGE, PUBLIC
FRONTAGE, SITE
FRONTAGE TRANSITION ZONE
LANDSCAPE AND FURNISHING ZONE
LINER BUILDING
LIVE-WORK
MIXED-USE
PARAPET LINE
PARKING STRUCTURE
PEDESTRIAN THROUGHWAY
PEDESTRIANWAY
PRINCIPAL BUILDING
PRINCIPAL ENTRANCE
PRIVATE FRONTAGE
STEPBACK
STOREFRONT
STREET FRONTAGE
STREET FURNITURE
STREET, PRIVATE
STREET, PUBLIC
STREET WALL
TRAVELED WAY
As used in this section, the following terms shall have the
meanings indicated:
The required maximum separation distance between doors facing
the public frontage as measured from the center of each doorway.
A private frontage requiring a minimum glazing area and frequency
of doorways to promote visibility and activity along certain streets
and locations as designated for the Downtown Overlay District.
A line parallel to the street right-of-way which defines
the portion of the build-to-zone closest to a street.
The portion of a lot where all or part of the front building
facade is required to be located, between the build-to-line and a
line parallel to the build-to-line within the lot.
An area of open space accessible by the public, immediately
adjacent and contiguous to a public frontage in the form of a square,
green or courtyard.
 |
 |
A development of land that conforms to § 110-27.4 and is located within the Downtown Overlay District overlay zone.
See § 110-27.4G(1).
The percentage of the site frontage that must be occupied
by a building facade for a specified minimum height and built within
the build-to-zone.
Frontage facing the street type with the highest designation,
with "A" being the highest and "B" being the lowest.
The area within a site between the build-to-line and a line
parallel to it that is 20 feet behind the build-to-line. Private frontage
may be in private or public ownership depending upon the ownership
of the site on which it is located, but it is not located within the
public right-of-way.
The area located between the face of curb and the build-to-line
as defined or the Downtown Overlay District and corresponding street
type or civic space designations. The public frontage is comprised
of sidewalk zones termed "landscape and furnishing zone," "pedestrian
throughway zone" and "transition zone."
The total length of a site fronting on each street, measured
in linear feet at the build-to-line.
The portion of the public frontage between the build-to-line
and the pedestrian throughway, allowing for building fixtures (e.g.,
lighting, signage, projected architectural moldings), movable planters,
and signage boards.
The area of sidewalk between the curb and pedestrian throughway
zone designated as the primary location for street trees, street furniture
and light standards.
A building designed to screen a parking lot or parking structure
from a build-to-zone, street or civic space.
A building which includes a combination of dwelling units
and retail and/or artisan production facilities in excess of what
is allowed as a home-based business.
A building or site designed for and containing more than
one of the uses permitted on the site.
A continuous horizontal projection for most of a facade.
The parapet, like the eave line, can be a designated location for
measure of building height.
A building containing one or more stories of parking above
or below grade.
An area within the sidewalk that must remain clear of obstructions
to allow public passage.
A pedestrian walkway providing common access between buildings,
streets, civic spaces and parking areas, which may be open or roofed.
The primary and largest building on a lot, usually located
toward the primary frontage.
The main point of access for pedestrians into a building.
See "frontage, private."
A portion of a building set back above the street wall before
the total height of the building is achieved. The position of the
stepback is controlled by a specified distance from the street wall.
A private frontage type primarily for retail use, with substantial
glazing, wherein the facade is aligned close to the front lot line
with the building entrance at sidewalk grade.
 |
The lot line facing a street right-of-way which may be designated
with a street type in the Downtown Overlay District Plan.
Public amenities, such as benches, bike racks, trash cans,
clocks and bollards, when located in and adjacent to the public sidewalks
improve pedestrian comfort, convenience and safety.
A traveled public way and the public frontage on either side
of the traveled way, bounded by build-to-lines or lot lines on both
sides, but not dedicated to the municipality, and privately maintained
by the property owner.
The public right-of-way, encompassing the traveled way and
the public frontage on either side of the traveled way, bounded by
build-to-lines or lot lines on both sides of the public right-of-way.
The building wall or walls aligned along a sidewalk at a
specified minimum height, facing a street to form a pedestrian experience
with sidewalks and street enclosures.
 |
The portion of a street between the curbs and available for
use by vehicles, bicycles and other forms of transportation.
 |
C.
Overlay District.
(1)
Overlay District. The Downtown Overlay District shall be an overlay zoning district to the existing zoning districts. An alternative set of dimensional, use, and regulatory standards shall apply to Downtown Overlay District developments providing design, site layout, and general performance standards for new development that allows better market flexibility. If an applicant chooses to utilize these optional standards, then all of the requirements of this § 110-27.4 shall apply. All of the provisions of the underlying zoning districts shall remain in full force, except where modified by the Downtown Overlay District provisions, procedures and requirements.
(2)
Form-based development. Site plan approval shall be granted
for a form-based development only if the applicant proves that the
following minimum requirements will be met, in addition to other applicable
Village Code requirements. The Planning Board may grant a modification
from any of these requirements to facilitate good design and accommodate
specific site conditions.
(3)
Site platting. All existing and proposed buildings will be platted
on their own lot for planning and dimensional compliance purposes
regardless of the final structure of ownership. Rights-of-way shall
be shown for all streets and alleys created as part of a Downtown
Overlay District development whether or not said streets are intended
for public dedication. Condominium form of ownership and multiple
building uses are permitted, but each individual lot shall be laid
out so that the dimensional requirements are met. However, the actual
lot lines do not need to be legally established.
(4)
Street standards. The Planning Board shall have the authority to grant variances and waivers to the standards of Chapter 94, Subdivision of Land, according to § 94-22, which may include reduced street cartway widths, street right-of-way widths and street curve radii, when properly justified by the applicant and that result in a development that is pedestrian-oriented and that promotes low-speed traffic.
(5)
Access controls. As part of the site plan approval process,
the applicant shall prove that the development involves a fully coordinated
interior traffic access system that minimizes the number of streets
and driveways entering onto a state or Village-owned road.
(6)
General development standards.
(a)
General principles and intent.
[1]
The Downtown Overlay District Plan should be used
to guide the placement of buildings and thoroughfares to create connected
networks of streets, sidewalks, civic spaces and pedestrianways.
[2]
The Downtown Overlay District areas establish community
patterns designed to respect and guide the building forms and the
landscape character of this district.
[3]
Buildings and landscaping should be designed to
create a sense of enclosure for both streets and civic spaces as places
for pedestrian experiences at the human scale.
[4]
Building frontages should be designed with the
pedestrian in mind to integrate traveled ways, on-street parking,
a landscape and furnishing zone, a pedestrian throughway and a transition
zone to meet active building frontages that typically include signage,
seating areas, and storefronts.
[5]
Development should be designed to accommodate automobiles
while respecting the pedestrian and spatial form of civic places.
(7)
Preexisting nonconformity.
(a)
The Downtown Overlay District and associated regulations are
optional and only apply to development sites that opt into the overlay.
All other sites are governed by the underlying zoning that is currently
in place.
(b)
In the event that a property owner chooses to opt into the overlay
as part of adaptive reuse of an existing building, the portion of
the development that is existing as of adoption of this section is
not required to comply with the Downtown Overlay District as long
as it complies with the underlying zoning. Any new construction or
substantial renovation, even if associated with adaptive reuse of
an existing structure, must comply with the Downtown Overlay District
if the development site opts in to the Downtown Overlay District.
(c)
In the event that a property owner chooses to opt in to the overlay as part of adaptive reuse of an existing building, and where the existing building represents either a nonconforming use and/or nonconforming building, the treatment of the nonconformity shall be subject to compliance with Article VI, § 110-34 and/or Article VI, § 110-35 of this Code.
D.
Downtown Overlay District Plan.
(1)
The Downtown Overlay District Plan defines the important subareas
within the overlay district and specifies performance and dimensional
standards relating to building form and use to achieve the purposes
of this chapter. The Downtown Overlay District Plan adopted herewith
shall have the same force and effect as the overall Mount Kisco Zoning
Map as it applies to overlay district areas. The Downtown Overlay
District Plan creates the following subareas with specific standards
relating to buildings and improvements in these subzones:
 |
(2)
Boundaries of Downtown Overlay District Plan
areas. To enable flexibility and good site design, buildings constructed
as part of a Downtown Overlay District development may be built across
the boundaries of Plan areas, provided that they comply with the design,
dimensional and form standards of the area where that portion of the
building is located.
 |
E.
Building standards; permitted uses and development
standards; parking requirements.
(1)
Building frontage standards.
 The build-to-zone is the designated area where front building
facades shall be placed to create a continuity of street wall.
|
(a)
Frontage elements. The combination of the private frontage, public frontage, the traveled way, and the associated edging elements (See § 110-27.4G.) defines the character of the street. The character of the private frontage is defined by the architectural treatment and use of the ground floor, dimensional depth of the visible yard and the combination of the frontage edging elements. The private frontage provisions of this section regulate both form and use.
(b)
Build-to-line. The build-to-line defines the portion of the
build-to-zone closest to a street, and therefore regulates the frontage
standards.
(c)
Downtown Overlay District. The Downtown Overlay District establishes
build-to-lines and build-to-zones to establish a continuous street
wall consistent with the desired settlement pattern for this downtown
mixed-use and commercial area.
(d)
Build-to-line placement. The build-to-line shall be set parallel to the property line for a distance regulated by the street type in § 110-27.4.E(2) as designated by the Downtown Overlay District Plan in § 110-27.4D.
(e)
Front building wall. All new buildings located within the Downtown Overlay District shall place the front building wall adjacent to A streets or B streets within the build-to-zone for a minimum frontage occupancy [See § 110-27.4F(4).], but no closer to the street than the build-to-line, except where a civic space or public green space is designated to permit a greater setback along a portion of the frontage. The build-to-line shall be no more than 20 feet from the face of curb unless a civic space is approved by the Planning Board.
(f)
Building facade variation. The build-to-zone allows building
entrance alcoves and expanded sidewalk area for outdoor dining, building
facade articulation, inclusion of projected and/or recessed building
elements, and building alignment with existing neighboring buildings.
(g)
Private frontage depth. The private frontage shall extend 20
feet into the site from the build-to-line. The private frontage may,
in certain circumstances, limit the placement of residential uses
on the street level and may limit the placement of parking structures
on a site.
(2)
Building placement standards.
(a)
Regulated streets. A build-to-line shall be designated on all
lots with street frontages facing A streets or B streets.
 |
[1]
The build-to-line on an A street
shall be parallel to the front property line and a minimum of 12 feet
zero inches from the face of curb.
 Build-To-Line Placement on A Streets
|
[2]
The build-to-line on a B street shall be parallel
to the front property line and a minimum of six feet zero inches from
the face of curb.
 Build-To-Line Placement on B Streets
|
(b)
Streetscape requirements. The applicant shall provide a sidewalk and streetscape elements as required in § 110-27.4H.
(c)
Pedestrianway. When a secondary building is proposed at the
rear of a lot on an A street or B street, a pedestrianway shall be
provided to connect sidewalks through lots to each other and with
parking areas according to the standards established in § 110-27.4.H(2)(b).
(d)
Front wall placement. Structural elements of a front building
facade shall be located within the build-to-zone.
(e)
Primary facade and entry. Primary building facade and primary
entrance shall address the street of higher importance with A streets
as the highest, as approved by the Planning Board.
(3)
Building form standards.
(a)
Form standards. Sites and buildings shall comply with the minimum
and maximum standards designated on the table below.
|
Table of Building Form Standards
| |||||
|---|---|---|---|---|---|
|
Area
|
Minimum Site Area
(square feet)
|
Minimum Site Frontage at Build-To-Line
(feet)
|
Minimum Building Height When a Building is Present
(stories)
|
Maximum Building Height
(stories/feet)
|
Stepback Required
|
|
Downtown Area
|
7,500
|
50
|
2
|
4/50
|
Building height 42 feet maximum at build-to-zone with 10-foot
stepback
|
|
Main Street Area
|
5,000
|
50
|
1
|
3.5/45
|
Building height 37 feet maximum at build-to-zone with 10-foot
stepback
|
|
Neighborhood Preservation Area
|
2,000
|
20
|
2
|
3/40
|
None required
|
(4)
Building stepback. Buildings in the Downtown
Area of a height greater than 42 feet and buildings in the Main Street
Area of a height greater than 37 feet shall provide a building stepback
of at least 10 feet zero inches within the build-to-zone; however
all remaining areas of the site may occupy the area up to the maximum
building height.
 Section of Required Building Stepback for Downtown Area
and Main Street Area
|
(5)
Permitted uses and site development standards.
(a)
Permitted uses. The following principal uses are permitted within
the Downtown Overlay District in addition to uses allowed by the underlying
zoning. Special permit and accessory uses remain as per the underlying
zoning district.
(b)
Development regulations. The following site development requirements
take precedence over those in the underlying zoning districts.
(c)
Station Area development bonus. In recognition of the public
benefits and high costs of maintaining public parking on land adjacent
to the Mount Kisco Train Station Area, applicants that provide 100%
replacement of existing public parking spaces on Parcels 69.80-6-5
and 69.73-2-20 (South Moger Lot and North Moger Lot) may be permitted
one additional story, an additional 10 feet of maximum building height
and 10 feet of stepback height on that portion of Parcel 69.73-2-20
(North Moger Lot) located within 250 feet of East Main Street. To
achieve this bonus, existing public parking spaces may be replaced
in aggregate between the two parcels. It is not a requirement to provide
the same number of parking spaces within each individual parcel.
(6)
Parking requirements.
(a)
Permitted uses shall provide the minimum required parking as specified in § 110-28, except as may be modified herein.
[1]
On-street parking. For sites fronting on a street
with publicly accessible on-street parking, on-street parking spaces
immediately contiguous to the front lot lines shall provide credit
towards fulfilling off-street nonresidential parking requirements.
[2]
Residential uses. Multifamily residential (townhouses,
flats, garden apartments and high-rise apartments): one parking space
per dwelling unit plus 0.25 parking space per bedroom.
[3]
Location and setback.
[a]
No above-grade off-street parking shall be located
closer than four feet zero inches from the build-to-line on an A or
B street.
|
Parking Placement
|
Minimum Parking Setback from Build-To-Line
|
|---|---|
|
A streets
|
4 feet, except 0 feet for parking stories entirely below street
level
|
|
B streets
|
4 feet, except 0 feet for parking stories entirely below street
level
|
[b]
No parking structure shall be located within the
private frontage of an A street; however below-grade parking shall
be permitted within the private frontage, provided that it is entirely
below the sidewalk elevation.
[c]
All off-street parking shall be screened by landscaping compliant with § 110-27.4H(4) or lined by buildings.
[d]
No off-street parking shall be allowed closer to
the street than the closest building along that street frontage and
within the build-to-zone.
 Plan Diagram of Parking Placement Area
|
F.
Private frontage types.
(1)
Permitted private frontage types.
(a)
Buildings located along A streets, B streets, pedestrian passages
and sites designated as "active frontages" on the Downtown Overlay
District Plan shall comply with the standards of those permitted frontage
types according to this table.
(b)
Where the Downtown Overlay District designates a private frontage
as "active frontage required," or if a private frontage is being provided
in an area designated as "storefront encouraged," the area designated
must comply with one or more of the permitted private frontage types.
(c)
For those permitted private frontage types selected, the depth of the build-to-Zone shall comply with the dimension designated in the following table. See §§ 110-27.4F(6) through 110-27.4F(12) for definitions of permitted frontage types.
|
Permitted Frontage Types
| |||||||
|---|---|---|---|---|---|---|---|
|
Street Types
|
Store-front1
|
Urban
|
Park
|
Stoop
|
Porch
|
Fore-court
|
Pedestrian Passage
|
|
FR-1
|
FR-2
|
FR-3
|
FR-4
|
FR-5
|
FR-6
|
FR-7
| |
|
A street
|
P
|
P
|
X
|
P
|
P
|
P
|
P
|
|
B street
|
P
|
P
|
X
|
P
|
P
|
P
|
P
|
|
Active frontage required
|
P
|
P
|
X
|
P
|
P
|
P
|
P
|
|
Pedestrian passage
|
P
|
P
|
X
|
P
|
P
|
P
|
P
|
|
Build-to-zone depth from the build-to-line
|
5 feet 0 inches
|
10 feet 0 inches
| |||||
|
KEY:
| |
|
P
|
Permitted
|
|
X
|
Not permitted, except permitted where a Greenway Area adjoins
an A street, B street or pedestrian passage
|
|
FR
|
Frontage
|
|
NOTES:
| |
|
1
|
See Downtown Overlap District Plan § 110-27.4E to determine where storefront frontage is encouraged.
|
(2)
Build-to-zone for commercial frontages.
(a)
Minimum frontage occupancy. All buildings facing A or B streets or pedestrian passages shall occupy a minimum frontage occupancy percentage within the build-to-zone according to § 110-27.4F(4) for each frontage.
 Street Frontages Showing a Typical Five-Foot Build-To-Zone
for FR-1 Storefront Frontage and FR-2 Urban Frontage
|
 Plan Diagram Showing Examples of Building Placements for
FR-1 Storefront Frontage and FR-2 Urban Frontage With Five-Foot Build-To-Zone
|
(3)
Build-to-zone for residential frontages.
 Street Frontages Showing Typical Ten-Foot Build-To-Zone
for FR-4 Stoop, FR-5 Porch, and FR-6 Forecourt Frontages
|
 Plan Diagram Showing Examples of Building Placements for
FR-4 Stoop, FR-5 Porch, and FR-6 Forecourt Frontages With Ten-Foot
Build-To-Zone
|
(4)
Minimum frontage occupancy.
(a)
To satisfy frontage occupancy requirements, the face of the
building for the required minimum approved height and length of the
building shall occupy the build-to-zone. However, no more than the
allowed maximum building height at the face of the building shall
occupy the build-to-zone. Corner sites on A or B streets shall have
two private frontages.
(b)
Buildings located on A streets, B streets and pedestrian passages
shall comply with the minimum frontage occupancy requirement according
to the table below and the percentage as calculated by measuring the
building face located within the build-to-zone divided by the site
frontage for each street frontage.
|
Minimum Frontage Occupancy Required
| |||||||
|---|---|---|---|---|---|---|---|
|
Street Types
|
Store-front1
|
Urban
|
Park
|
Stoop
|
Porch
|
Fore-court
|
Pedestrian Passage
|
|
FR-1
|
FR-2
|
FR-3
|
FR-4
|
FR-5
|
FR-6
|
FR-7
| |
|
A street
|
60%
|
60%
|
X
|
60%
|
60%
|
60%
|
X
|
|
B street
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Pedestrian passage
|
60%
|
60%
|
X
|
60%
|
60%
|
60%
|
Not applicable
|
|
KEY:
| |
|
X
|
No minimum required
|
|
NOTES:
| |
|
1
|
See Downtown Overlay District Plan § 110-27.4D to determine where storefront frontage is encouraged. Residential uses are not permitted on the ground floor within the private frontage area when storefronts are used or encouraged. However, common areas of residential and hospitality building (e.g., lobbies, gyms and similar spaces servicing the primary use) may occupy the ground floor private frontage area of a storefront frontage as long as it complies with active edge requirements.
|
(5)
Frontage occupancy.
 Build-To-Zone and Frontage Occupancy Diagram
|
(6)
Storefront frontage.
FR-1
(a)
Storefront frontage FR-1 defines a private frontage designed
to promote commerce and merchandising along a street, with a required
minimum glazing area and an active edge with frequent doorways.
 Storefront Frontage Example
|
 Storefront Requirements
|
(b)
Private frontage.
[1]
Active edge required; door separation distance:
50 feet maximum.
[3]
Glazing requirement. A minimum of 65% of the street-level,
street-facing building area located between two feet and 10 feet above
the sidewalk shall provide clear, nonreflective glass.
[4]
Function of the build-to-zone (BTZ).
 Storefront Frontage Build-To-Zone
|
[a]
Allows for entrance alcoves and expanded sidewalk
area for outdoor dining.
[b]
Allows for facade articulation and inclusion of
recessed building elements.
[c]
Allows for alignment with existing neighboring
buildings.
[d]
Prohibits garage doors within the build-to-zone
for individual private garages.
(7)
Urban frontage.
FR-2
(a)
Urban frontage FR-2 defines a private frontage designed to promote
visibility and transparency of ground floor uses along a street, with
a required minimum glazing area and an active edge with frequent doorways.
 Urban Frontage Diagram
|
(b)
Private frontage.
[1]
Active edge required; door separation distance:
50 feet maximum.
[3]
Glazing requirement. A minimum of 40% of the street-level,
street-facing building area located between two feet and 10 feet above
the sidewalk shall provide clear, nonreflective glass.
[4]
Function of the build-to-zone (BTZ).
 Urban Frontage Build-To-Zone
|
(8)
(9)
Stoop frontage.
FR-4
(a)
Stoop frontage FR-4 defines residential frontages with elevated
entrance. Up to three stair risers can be placed within the transition
zone, and the ground plane within the build-to-zone can be hardscape
continuation of sidewalk or landscaped (e.g., rain gardens).
 Stoop Frontage Diagram
|
(b)
Private frontage.
[1]
Active edge required; door separation distance:
50 feet maximum.
[3]
Glazing requirement. A minimum of 30% of the street-level,
street-facing building area located between four feet and 13 feet
above the sidewalk shall provide clear, nonreflective glass.
[4]
Function of the build-to-zone (BTZ).
 Stoop Frontage Build-To-Zone
|
(10)
Porch frontage.
FR-5
(a)
Porch frontage FR-5 defines residential frontages with an elevated
entrance. Up to three stair risers can be placed within a transition
zone, and the ground plane within the build-to-zone can be hardscape
continuation of sidewalk or landscaped (e.g., rain gardens).
 Porch Frontage Diagram
|
(b)
Private frontage.
[1]
Active edge required; door separation distance:
50 feet maximum.
[3]
Glazing requirement. A minimum of 30% of the street-level,
street-facing building area located between four feet and 13 feet
above the sidewalk shall provide clear, nonreflective glass.
[4]
Function of the build-to-zone.
 Porch Frontage Build-To-Zone
|
[a]
Allows for entrance alcoves and expanded sidewalk
area for outdoor dining.
[b]
Allows for facade articulation and inclusion of
pronounced and/or recessed building elements.
[c]
Allows for alignment with existing neighboring
buildings.
[d]
Prohibits garage doors within the build-to-zone
for individual private garages.
(11)
Forecourt frontage.
FR-6
(a)
Forecourt frontage FR-6 allows longer building recessed areas
for courtyards, gardens and bioretention areas.
 Forecourt Frontage Diagram
|
(12)
Pedestrian passage frontage.
FR-7
(a)
Frontage FR-7 establishes a pedestrianway connecting sidewalks,
streets, civic squares, and/or parking areas by providing an active
edge on at least one side of the public frontage.
 Pedestrian Passage Section View
|
G.
Edging element standards; permitted edging elements. For all private
frontages located on A streets, B streets, pedestrian passages, or
park frontages as designated on the Downtown Overlay District Plan,
one or more of the following permitted edging elements shall be provided
according to the table below and the corresponding edging element
standards.
|
Edging Elements
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Frontage Types
|
Low Wall
|
Raised Edge
|
Stairs
|
Orna-mental Fence
|
Privacy Fence
|
Planters
|
Land-scaped Edge
| |
|
EE-1
|
EE-2
|
EE-3
|
EE-4
|
EE-5
|
EE-6
|
EE-7
| ||
|
Store-front
|
FR-1
|
P
|
P
|
P
|
X
|
X
|
P
|
P
|
|
Urban
|
FR-2
|
P
|
P
|
P
|
X
|
X
|
P
|
P
|
|
Park
|
FR-3
|
P
|
P
|
P
|
P
|
P1
|
P
|
P
|
|
Stoop
|
FR-4
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Porch
|
FR-5
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Forecourt
|
FR-6
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Pedes-trian passage
|
FR-7
|
P
|
P
|
P
|
P
|
P1
|
P
|
P
|
|
KEY:
| |
|
P
|
Permitted
|
|
X
|
Not permitted
|
|
NOTES:
| |
|
1
|
Privacy fences shall be used for screening of utility and service
areas and shall be no taller than six feet zero inches.
|
(1)
Low wall.
EE-1
 |
Masonry wall, maximum 48 inches in height (brick, concrete,
stone). The Planning Board may approve a higher wall, provided that
at least 50% of the area above 48 inches is transparent to allow for
visibility to the first floor windows.
|
(2)
Raised edge.
EE-2
 |
The intent is to separate areas with different intensity of
use with up to 48 inches of difference in floor planes, provided that
at least 50% of the area above 48 inches is transparent to allow for
visibility to the first floor windows.
|
(3)
Stairs.
EE-3
 |
The intent is to separate areas with different intensity of
use with up to 48 inches of difference in floor planes provided that
at least 50% of the area above 48 inches is transparent to allow for
visibility to the first floor windows.
|
(4)
Ornamental fence.
EE-4
 |
A transparent ornamental fence, not chain link, with a maximum
height of 42 inches.
|
(5)
Privacy fence.
EE-5
 |
A privacy fence with a maximum height of six feet. Fences facing
public frontages shall not be constructed of chain link, barbed wire
or similar materials.
|
(6)
Planters.
EE-6
 |
Planters no higher than 42 inches in height. The Planning Board
may approve a higher wall, provided that at least 50% of the area
above 42 inches is transparent to allow for visibility to the first
floor windows.
|
(7)
Landscaped edge.
EE-7
  |
A landscaped edge of flowers, plants or a hedge, provided that
at least 50% of the area is transparent to allow for visibility to
the first floor windows.
|
H.
Design standards.
(1)
Civic space design standards.
(a)
Civic space design. The Planning Board shall consider the following
criteria during its site plan review process to determine whether
the civic space design is acceptable.
(b)
Required civic spaces area.
[1]
For sites greater than 10,000 square feet, a minimum
of 7.5% of the total lot area of the development tract shall be permanently
preserved as civic space.
(c)
Shown below are examples of civic
spaces. 
Courtyard: A civic space with active frontages on at least
three sides 
Green: A civic space with active frontages on at least
two sides 
Square: A civic space with active frontages on at least
one side.
Civic space form and access.
Courtyard: A civic space with active frontages on at least
three sides
Green: A civic space with active frontages on at least
two sides
Square: A civic space with active frontages on at least
one side.
[1]
The required civic space(s) shall be provided in
the form of courtyards, greens, squares or pedestrian passages, and
these spaces shall be placed along and connect to one or more of the
public frontages on A streets, B streets or pedestrian passages. Where
a storefront is encouraged along the private frontage according to
the Downtown Overlay District Plan, a storefront frontage will also
be encouraged along at least an equivalent length of the civic space
private frontage.
[2]
All civic spaces shall provide pedestrian access
from a public sidewalk via a publicly accessible pedestrianway or
a private walkway open to the public at least 16 hours per day.
[3]
A civic space must provide active or passive uses
designed to bring regular pedestrian, civic and/or commercial activity
to the site.
[4]
Above-grade stormwater management basins, drainage
channels and required buffers shall not be used to meet the minimum
civic space requirements.
[5]
The civic spaces shall include landscaping, pathways
and street furniture and may contain artwork and/or fountains. Pathways
should include decorative paving materials, such as brick, stone,
paving block or patterned concrete.
[a]
Where a civic space is proposed on a development site adjacent to an existing building not controlled by the applicant, the applicant shall provide edging elements as defined in § 110-27.4G and landscaping to buffer any adjacent areas of blank walls or service uses.
[b]
A civic space may include buildings of up to 600
square feet in footprint, provided that they are designed to activate
the civic use of the space and provide public access. Buildings and
temporary structures within civic spaces may be as low as one story
in height.
[6]
Civic space frontage occupancy.
[a]
Civic spaces shall be mapped and measured on the
site plan to designate a build-to-zone with a total linear length
along the edges of the proposed civic space excluding the length of
the edge along the street and/or the length of the pedestrianway conforming
to its frontage occupancy requirements.
[b]
Civic spaces shall provide a minimum 60% frontage
occupancy along its edges, unless the Planning Board determines that
a lower standard is permitted.
[c]
Private frontages shall comply with the frontage
types permitted along its frontage.
[7]
New buildings contiguous to a civic space shall provide build-to-zone(s) and street wall(s) as required by the street type designated on the nearest street on the Downtown Overlay District Standards Map. Where existing buildings front onto a civic space, the Planning Board shall determine the minimum standards for civic space frontage occupancy consistent with the intent of § 110-27.4H(1), while recognizing the challenges of retrofitting existing buildings.
(2)
Streetscape and walkway design guidelines. The Planning Board
shall consider the following design guidelines during its review process.
(a)
Sidewalks. There are three potential zones within the area broadly
defined as public sidewalk. These are the landscape and furnishing
zone, pedestrian throughway zone, and frontage transition zone. At
a minimum, a sidewalk must contain the pedestrian throughway zone.
In all cases, sidewalks shall be designed to comply with the Americans
with Disabilities Act Accessibility Guidelines (ADAAG) and Public
Rights-of-Way Accessibility Guidelines (PROWAG).
[1]
The landscape and furnishing zone is adjacent to
the curb and includes typical street elements such as traffic control
devices and signs, parking meters, streetlights, and often a curb
lawn or verge, which is a landscape or turf strip between the curb
and throughway. Street trees are to be placed in the continuous verge
strip, or in tree pits within paved edge zones. This area can also
provide a zone where street furniture and pedestrian-scale lighting
can be located.
[2]
The pedestrian throughway zone is the clear uninterrupted
pedestrian passage across the frontage. It typically has a minimum
width of five feet, although often is as wide as 10 feet or more.
[3]
The frontage transition zone is the portion of
the public frontage between the build-to-line and the pedestrian throughway,
allowing for building fixtures (e.g., lighting, signage, projected
architectural moldings), movable planters, and signage boards.
[4]
The build-to-zone is occupied by building facades
along a minimum specified percentage of the street frontage as required
elsewhere in this section. Where there are voids due to horizontal
modulation in the footprint of a front building wall, pedestrian spaces
and wider sidewalks are possible, including areas for sidewalk dining
and retail merchandise display. Benches and seating can also be located
in this zone.
(b)
Pedestrianways. Pedestrianways are pedestrian and bicycle only
connections through properties. These provide a wider walking surface
along with other streetscape elements, such as site furniture and
pedestrian-scaled lighting.
[1]
The minimum width of pedestrianways is 20 feet.
[2]
Pedestrian-scaled light fixtures shall be provided
at no less than every 60 feet.
[3]
One shade tree shall be provided for every 30 feet
or fraction thereof of pedestrianway.
[4]
A form of seating, approved by the Planning Board,
shall be provided every 60 feet.
(c)
Awnings, signs and building-mounted lights.
(d)
Lighting. Illumination levels shall be provided in accordance with § 110-32. LED is the required illumination source. Additional lighting requirements within the downtown area include:
[1]
Pedestrian-scaled light fixtures for use in streetscapes
and pedestrianways are generally more ornamental than street or parking
lot light fixtures. They should be no taller than 14 feet. They should
be spaced to provide continuous illumination on sidewalk areas. They
may be set two feet behind the curb, and correspond to parallel parking
striping. Banners, holiday decorations and hanging baskets may be
attached to pedestrian-scaled light poles, provided that there is
a minimum of eight feet of clearance above sidewalks and a ten-foot
clearance above streets.
[2]
Parking lot light fixtures may be ornamental to
coordinate with the streetscapes, or may be more utilitarian in design.
They should be no taller than 20 feet in height and spaced to provide
even illumination.
(3)
Bicycle guidelines. The Planning Board shall consider the following
design guidelines during its review process.
(b)
Bicycle parking. Provide bicycle parking and storage capacity
according to the following:
[2]
Retail:
[a]
Provide at least one secure, covered bicycle storage space for
10% of retail workers planned occupancy.
[b]
Provide visitor/customer bicycle racks on-site, with at least
one bicycle space per 5,000 square feet of retail space, but no fewer
than one bicycle space per business or four bicycle spaces per project
site.
[c]
Provide at least one on-site shower with changing facility for
any single business or leasehold with 100 or more planned workers.
[3]
Nonresidential other than retail:
(4)
Landscaping and buffering guidelines. The Planning Board shall consider the following design guidelines during its review process. The requirements of §§ 99-3 and 110-32 shall be applicable to all projects within the Downtown Overlay District. Where space permits, each site should incorporate a combination of trees, shrubs, ground covers, and potted plants into landscaping plans with emphasis on use of native plants. Monocultures shall be avoided.
(a)
Street trees.
[1]
Shade trees, a minimum of four inches in caliper,
shall be provided at an average rate of one tree per 40 feet of street
frontage. The trees may be positioned to correspond with parallel
parking striping to allow for vehicle door swings.
[2]
If a sidewalk is too narrow to provide a verge
wide enough for street trees, then a combination of potted plants,
window boxes and/or hanging baskets shall be provided in lieu of the
trees.
(b)
Parking lot planting. Portions of off-street parking areas that
are visible from street frontages shall be landscaped with a combination
of evergreen shrubs, low walls or fences and shade or ornamental trees.
[1]
A three-foot-wide buffer strip shall be provided
between a parking lot and sidewalk or pedestrianway.
[2]
If planted, it shall contain a continuous hedge
of three-foot tall evergreen or dense deciduous shrubs, and one four-inch
caliper shade or ornamental tree per 30 linear feet of frontage.
[3]
If a wall or ornamental fence is proposed, low-growing
shrubs and/or perennial plantings shall also be provided on the street
frontage side. Shade trees shall be provided in adjacent interior
islands at the above rate.
[4]
Interior parking lot planting shall include one
four-inch caliper shade tree for every 20 parking spaces. Parking
lots with 25 or more spaces shall be divided by planting islands,
planted with trees and shrubs. Additional plantings may include low-growing
shrubs or ornamental grasses and/or stormwater management feature
gardens.
[5]
The nonstreet frontage perimeters of parking lots,
where buffer plantings are not required, shall be planted with a combination
of shrubs, trees and perennials to soften their appearance from adjacent
uses.
(c)
Buffer planting. Planted buffers shall be provided between nonresidential
or mixed-use developments and residential zoning districts or uses;
between off-street parking lots or garages containing four or more
spaces; and along the edges of outdoor storage, utility or mechanical
yards, loading areas and trash enclosures visible from streets or
pedestrianways.
[1]
Minimum buffer widths: six feet.
[2]
Planted buffers typically occur along lot lines,
but may be placed closer to the objects they are screening in areas
where topography, existing vegetation or other natural features prohibit
their placement at the lot line or result in an ineffective buffer.
[3]
Buffer plantings shall not be placed within street
rights-of-way.
[4]
Plantings shall not impede clear sight distances
at intersections or driveways; lower plantings shall be used in those
locations.
[5]
A minimum of 75% of the buffer length shall be
comprised of evergreen trees or shrubs, a minimum of six feet high
at planting, spaced according to plant growth habit. The remaining
25% may be deciduous trees or dense shrubs. The plantings shall produce
a year-round visual screen within five years' growth.
[6]
An opaque fence may be permitted in lieu of or
in conjunction with additional plantings if an adequate opacity cannot
be achieved with plantings alone.
(d)
Fences, walls and screens. Where permitted by the edging elements
for the designated and permitted frontage types along A streets, B
streets and pedestrian passages, fences and walls may be used to define
street walls, provide privacy, and screen views. For those locations
not facing A streets, B streets or pedestrian passages, fences, walls
and screens shall be controlled by this section. The finished side
must face the street or adjacent property.
[1]
Fences and walls must be located within the build-to-zone,
along side and rear property lines, unless they are being used for
privacy or visual screening of utilitarian areas. They shall not impede
clear sight distances at intersections or driveways.
[2]
Fences, walls and hedges can be counted as street
walls for up to 20% of the required minimum frontage.
[4]
Approved fence and wall materials:
[a]
Fence and gate materials include wood, wood composites,
iron and metal, including decorative perforated sheet metal. Sharp-pointed
or spear-headed pickets of less than one-half inch in diameter are
not permitted. Chain link, woven wire, barbed wire and vinyl fences
are prohibited.
[b]
Wall and pier materials include whole or veneer
brick or stone, cultured stone, stucco over masonry, and finished
concrete. Unfinished concrete block and glass block is prohibited.
[c]
Fences, walls and piers may be used in combination
to reflect the development's architectural character.
[d]
Pedestals and gates. Blocks or pedestals for fence
posts must not project into or above the surface of an adjacent sidewalk.
All gates must swing inwardly, and no gate shall swing outwardly over
any sidewalk, avenue, street, or road.
(5)
Architectural guidelines. The Architectural Review Board shall
consider the following design guidelines during its review process.
The buildings in the Downtown Overlay District shall relate to the
context and fabric of existing places in the Village/Town of Mount
Kisco and typically found within downtown building types in New York
villages. The size, proportion and form of buildings shall emulate
the character of attractive in-scale architectural developments in
Westchester County, elsewhere in New York State, and in New England
as specified herein. All buildings shall have vertical and horizontal
modulation and articulation reflecting the traditional streetscape,
building spacing and dimensional variations of typical New York Villages,
including:
(a)
Horizontal building modulation. Building facades shall conform
to the following standards:
[1]
The maximum width (as measured horizontally along
the building exterior) without building modulation shall be 60 feet.
[2]
The minimum depth of modulation shall be two feet.
The minimum width of modulation shall be 15 feet. When the principal
use of the building is for the parking of motor vehicles, the depth
of such modulation shall be a minimum of 3 1/2 feet. No modulations
shall be required on a wall of a parking facility which does not front
on a public street or pedestrianway.
[3]
Roof decks or balconies may be used as all or part
of the building modulation.
[4]
The requirements of the horizontal building modulation
subsection shall be considered satisfied if existing building facades
of existing adjacent structures are preserved and incorporated into
the proposed building.
(b)
Modulated roofline. Roofs are a design element and should relate
to the building facade articulations. The roofline of all facades
visible from a street or public park, or open space shall be modulated
according to the following standards:
[1]
For permitted flat roofs or facades with a horizontal
eave, fascia, or parapet: change roofline so that no unmodulated segment
of roof exceeds 60 feet. Minimum vertical dimension of roofline modulation
is the greater of two feet or 0.1 multiplied by the wall height (finish
grade to top of wall).
[2]
For gable, hipped, or shed roofs: a minimum slope
of five feet vertical to 12 feet horizontal.
[3]
Other roof forms, such as arched, vaulted, dormer,
or saw-toothed, may satisfy this design principle if the individual
segments of the roof with no change in slope or discontinuity are
less than 60 feet in width (measured horizontally).
(c)
Building articulation shall be accomplished with design elements
such as the following, so long as the articulation interval does not
exceed 60 feet.
[1]
Repeating distinctive window patterns at intervals
less than the articulation interval.
[2]
Providing a balcony or bay window for each articulation
interval.
[3]
Changing the roofline by alternating dormers, stepped
roofs, gables, or other roof elements to reinforce the modulation
or articulation interval.
[4]
Changing materials with a change in building plane.
[5]
Providing lighting fixtures, trellis, tree, or
other landscape feature within each interval.
(d)
Vertical articulation. To moderate the vertical scale of buildings,
the design shall include techniques to clearly define the building's
top, middle and bottom. The following techniques are suggested methods
of achieving vertical articulation:
[1]
Top: sloped roofs, strong eave lines, cornice treatments,
horizontal trellises, etc.
[2]
Middle: windows, balconies, material changes, railings
and similar treatments that unify the building design.
[3]
Bottom: pedestrian-oriented fronts, pedestrian-scale
building details and awnings.
[4]
Where appropriate, the applicant shall coordinate
the horizontal elements (i.e., cornices, window lines, arcades, etc.)
in a pattern and height to reflect similar elements on neighboring
buildings that exhibit the Village's desired scale and character.
(e)
Materials. Building exteriors shall be constructed from high-quality,
durable materials. Preferred exterior building materials that reflect
the Village's desired traditional downtown street character are as
follows:
[1]
Masonry, including brick and stone.
[2]
Cast stone or tile.
[3]
Wood or cementicious ("Hardiplank" or equal) horizontal
clapboard or vertical board and batten siding. No vinyl or other artificial
siding materials are permitted along street frontages and public ways,
but may be permitted by the Planning Board on a case-by-case basis
on architecturally subordinate facades.
[4]
All other materials subject to approval by the
Planning Board.
[5]
If concrete or concrete blocks (concrete masonry
units) are used for walls that are visible from a street, public park
or open space or pedestrianway, then the concrete or concrete block
construction must be architecturally treated in one or more of following
ways:
(f)
Fenestration. The arrangement, proportion and design of windows
and doors (fenestration) shall conform to the following:
[1]
The height to width ratio of single openings and
group openings are to be proportionately scaled to the wall.
[2]
Door and window details and trim suitably scaled
to the wall.
[3]
Reduce large expanses of glass used in windows
and doors to smaller component windows reminiscent of traditional
main street vernacular when adjacent to existing buildings, sidewalks
or pedestrianways.
[4]
The total square footage of windows along a facade
facing a street shall be a minimum of 15% of the square footage of
the facade.
(g)
Blank walls shall not be permitted along any exterior wall facing
a street, parking area or pedestrianway. Exterior walls in these locations
shall have architectural treatments that are the same as the front
facade, including consistent style, materials, fenestration and details.
(h)
Roofs.
[1]
Slope. Roof pitches and overhangs shall vary as
necessitated by good architectural design and modulation requirements
of the previous sections. However, no flat roofs are allowed as major
architectural elements visible from a public street. A roof slope
of 5/12 or greater is the minimum standard for roofs visible from
a public way. Mansard roofs, when constructed in the traditional form
with appropriate stepback from the exterior building wall line are
permitted. The upper roof of a mansard may be flat or low pitch, provided
that it is not visible from ground level. Shed roofs, dormers, secondary
roof forms, and roofs for porches may have a lower pitch, but in no
case will the pitch be lower than 3.75 in 12. Significant roof overhangs
are recommended to provide architectural interest, to create shadow
lines, and to protect wall and siding from water and sun. Roof overhangs
are highly recommended to provide passive energy conservation where
possible.
[2]
Penetrations. All roof stacks, flashings, vents
or protrusions from the roof shall be painted the same color the roof.
Roof stacks and plumbing vents shall be placed on rear slopes of the
roofs where possible.
[3]
Solar. Photovoltaic and hot water heating panels
are permitted and encouraged, provided that on sloped roofs visible
from a public street or right-of-way they shall be installed flush
on the roof plane and shall not project above the roof surface by
more than six inches. On flat roofs not plainly visible from ground
level of a public way, solar panels may be mounted on brackets, provided
that they are no higher than six feet above the roof surface that
they are mounted on.
[4]
Materials. Roofs that are visible from ground level
shall be architectural dimensional composite shingles, wood shingles
or shakes, slate, tile, or prefinished metal standing or box seam.
Combinations of roofing are encouraged when appropriate to the desired
architectural character. Roofs not visible from a ground level shall
be white or light colored roofing material to provide improved energy
efficiency.
(i)
Utility and mechanical equipment:
[1]
All utility feeds, meters, and vents must be painted
to blend with adjacent surfaces. All feeds to meter boxes and exterior
meter banks must be located on a rear, side, or other subordinate
facade of the building as designated by the Zoning Officer.
[2]
All above-ground utilities and mechanical equipment
(i.e., transformers, phone and cable boxes, gas meters, electric meters,
air conditioning units, heat pumps, and exterior HVAC equipment and
ducting) whether, ground- or roof-mounted, shall be screened from
all public ways by either an architecturally integrated screen wall,
landscape walls, fencing, or dense planted visual buffers of a height
equal to or greater than the height of the equipment. Spacing must
provide effective visual screening upon installation. Screening must
surround the utility structure 360° except when abutting or within
five feet of the structure, or to allow access to the structure. All
setback requirements of the utility company must be addressed concurrently.
