The residence districts established in this
chapter are designed to promote and protect public health, safety
and general welfare. These general goals include, among others, the
following specific purposes:
A.
To provide sufficient space in appropriate locations
for residential development to meet the housing needs of the City's
present and expected future population with due allowance for the
need for a choice of sites.
B.
To protect residential areas against fire, explosions,
toxic and noxious matter, radiation and other hazards, and against
offensive noise, vibration, smoke and other particulate matter, odorous
matter, heat, humidity, glare and other objectionable influences.
C.
To protect residential areas, as far as possible,
against heavy traffic and against through traffic of all kinds.
D.
To protect residential areas against congestion, as
far as possible, by regulating the density of population and the bulk
of buildings in relation to the land around them and to one another,
and by providing for off-street parking spaces; to require the provision
of open space in residential areas wherever practicable; and to encourage
the provision of additional open space by permitting moderately higher
bulk and density with better standards of open space in order to open
up residential areas to light and air, to provide open areas for rest
and recreation, to break the monotony of continuous building bulk
and thereby to provide a more desirable environment for urban living.
E.
To protect the character of certain designated areas
of historic and architectural interest where the scale of building
development is important.
F.
To provide for access of light and air for windows
and for privacy, as far as possible, by controls over the spacing
and height of buildings and other structures.
G.
To provide appropriate space for those educational,
religious, recreational, health and similar facilities which serve
the needs of the nearby residents, which generally perform their own
activities more effectively in a residential environment and which
do not create objectionable influences.
H.
To promote the most desirable use of land and direction
of building development in accord with a well-considered plan; to
promote stability of residential development; to protect the character
of the district and its peculiar suitability for particular uses;
to conserve the value of land and buildings; and to protect the City's
tax revenues.
[Added 2-25-1991[1]]
A.
R-1A and R-1B One-Family Detached Residence Districts.
These districts are designed to provide a suitable open character
for single-family detached dwellings at low densities. These districts
also include community facilities and open uses which serve the residents
of these districts or are benefited by an open residential environment.
B.
R-1C One-Family Detached Residence District. This
district is designed to provide a suitable open character for single-family
detached dwellings at medium densities, while preserving open space
to the greatest extent practicable and preventing excessive on-street
parking.
C.
R-2 One- and Two-Family Residence District. This district
is designed to provide a suitable open character for single-family
detached dwellings at medium densities, while providing limited opportunities
for two-family structures on lots large enough to accommodate adequate
off-street parking and suitable open space.
D.
R-3 One-, Two- and Three-Family Residence District.
This district is designed to provide a suitable open character for
single-family detached dwellings at medium densities, while providing
limited opportunities for two- and three-family structures on lots
large enough to accommodate off-street parking and open space.
E.
R-4, R-5 and R-6 Residence Districts. These districts
are designed to provide for all types of residential buildings in
order to permit a broad range of housing types, with appropriate standards
for each district on density, open space and spacing of buildings.
The various districts are mapped in relation to a desirable future
residential density pattern with emphasis upon accessibility to transportation
facilities and to various community facilities and upon the character
of existing development. These districts also include community facilities
and open uses which serve residents of these districts or are benefited
by an open residential character.
F.
Planned Residential Development District. This district
is designed to permit a range of housing types mixed together at a
moderate density on large sites for which flexibility in the regulations
for building bulk and placement is desirable due to the nature of
the topography, configuration of the site and the desirability for
the preservation of natural features, scenic areas, historic sites
and/or open spaces. This district will be located based upon accessibility
to transportation facilities and to various community facilities.
[1]
Editor's Note: This ordinance also repealed
former § 300-20, Purposes of specific residence districts.
A.
Permitted uses. No building or premises shall be used
and no building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following:
(1)
One-family dwellings, not to exceed one such dwelling
on each lot.
(2)
Farms, truck gardens, greenhouses, nurseries and arboretums,
on lots with an area of at least five acres, including the sale on
the premises of produce grown thereon, provided that:
(a)
Except as hereinafter provided, any farm building,
other than dwellings and buildings accessory thereto, and the heating
plant of any greenhouse shall be distant at least 75 feet from any
adjacent property line.
(b)
Farm buildings devoted to or intended for the housing of livestock shall be erected at least 200 feet from any property line, and such buildings devoted to or intended for the housing of rabbits, hares, guinea pigs, ducks, geese, live poultry or fowl of any kind [excluding hens pursuant to § 575-22C(8) herein] shall be erected at least 100 feet from any property line.
[Amended 9-10-2012 by L.L. No. 11-2012]
(c)
No fertilizer shall be stored within a distance
of 75 feet of any lot line.
(3)
Municipal parks and playgrounds, including customary
recreational, refreshment and service buildings, without limitation,
and other proprietary or government use of the City of Peekskill.
B.
Uses subject to the issuance of a Common Council special permit. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(1)
Houses of worship, subject to the following standards in addition to those identified in § 575-57 of this chapter:
(a)
Minimum dimensional standards for a house of
worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 60% maximum impervious
coverage; and maximum building height 35 feet, except that steeples,
towers or chimneys may extend to a maximum of 50 feet, provided that
such steeples, towers or chimneys do not constitute more than 25%
of the total roof area(s).
(b)
One parking space per four seats.
(c)
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet within width;
no parking is permitted in a required front yard.
(d)
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
(e)
Any facility with maximum capacity of 150 persons
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
(f)
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(2)
Family day-care homes and group family day-care homes
as an accessory use to a permitted principal residential use, subject
to the following additional standards and requirements:
(a)
Maximum of six children not including those
who are residents of the lot's principal residential use.
(b)
One or more of the residents of the principal
residential use shall maintain a majority ownership share in the day-care
business.
(c)
One resident of the principal residential use
shall be the operator or an employee of the day-care business with
day-to-day responsibilities over said operation.
(d)
Not more than two nonresidents shall be employed
on the premises at any one time.
(e)
Lot area and width of the subject site must
conform to minimum lot area and lot width standards for the district.
(f)
The day-care facility's floor area shall be
limited to a maximum of 30% of the principal structure's total floor
area, and the day-care facility's floor area shall be limited to floors
having direct egress to legal open space.
(g)
A ten-foot-wide vegetative buffer strip supplemented
by a six-foot-tall opaque fence shall be provided between property
lines and all designated play areas; no designated play area shall
be permitted between the front lot line and a plane extending from
side lot line to side lot line along the side of the house closest
to the front lot line.
(3)
Public utility installments which are needed to serve
the City or the immediate neighborhood, subject to a determination
by the Zoning Board of Appeals that no other reasonable location in
a less restricted district can be used for the purpose contemplated,
and subject, further, to such conditions as the Planning Commission
may deem to be appropriate for the protection of adjoining uses and
of the character of the district.
(4)
Buildings exclusively used and occupied by a community
volunteer ambulance corps for the purpose for which organized and
which corps is incorporated under the laws of the State of New York.
(5)
Agency group homes, subject to a special permit by
the Common Council and also subject to the following conditions, all
of which shall apply, together with the requirements for a special
permit, irrespective of the district in which this use may be permitted
elsewhere in this chapter:
(a)
The special permit shall be renewed every two
years.
(b)
Said home shall not be located within 1,200
feet of any other lot on which another agency group home, agency community
residence or boarding-, lodging or rooming house or other similar
use is located, measured from the midpoint of the front line of any
such lot to the nearest point of the lot on which said home is proposed
to be located.
(c)
Said home shall conform to and be maintained
in accordance with the overall character and appearance of the surrounding
neighborhood.
(d)
Said home shall not erect any sign that identifies
or advertises the use or occupancy of the home.
(e)
Where residents are permitted to own or operate
an automobile, one off-street parking space shall be provided for
each resident located at the facility and such parking shall not be
located in any part of a front yard or in a required side or rear
yard and all such parking shall be screened from adjacent properties.
In addition, one parking space shall be provided for each employee
while on duty.
(g)
All other requirements of the district with
regard to lot size, yards, etc., shall be met.
(h)
Said home or residence shall have a maximum
occupancy limited to seven minors placed, committed or boarded therein.
(i)
Adult supervision shall be provided on a twenty-four-hour
basis.
(6)
Bed-and-breakfast, subject to the following standards:
[Added 1-28-2013 by L.L. No. 2-2013]
(a)
Permitted only in the R-1C District contiguous to the C-2 District.
(b)
Permitted only on properties that have frontage on Nelson Avenue,
between Main Street and Paulding Street.
(c)
Each bed-and-breakfast hotel shall be established, maintained
and operated so as to preserve and complement the character and integrity
of the surrounding area when the facility is established.
(d)
The owner of the bed-and-breakfast hotel must reside in and
continue to reside in the dwelling as his/her/their principal residence.
The owner will provide an annual sworn statement to the City Clerk
certifying to such residency.
(e)
Bed-and-breakfast guest rooms shall not be permitted on the
first floor of a building. Office space and living quarters for the
owner are permitted on the first floor.
(f)
The bed-and-breakfast hotel shall have a minimum of two and
a maximum of five guest rooms.
(g)
The total number of paying adult guests accommodated per night
shall not exceed 10. No more than two adult guests are allowed per
room. Further, no guest shall stay for a period of time in excess
of 14 consecutive days. Documentation verifying the length of stay
of each guest, such as a registration ledger or receipts, will be
made available to the Code Enforcement Officer or the Building Department
upon request.
(h)
A site plan and detailed floor plan shall be required as a condition
of this special permit.
(i)
Parking. The bed-and-breakfast hotel shall provide a minimum
of one off-street parking space for the owner/staff, and at least
one parking space per guest room.
(j)
The residence must be issued a certificate of occupancy from
the Building Inspector as a bed-and-breakfast hotel. A fee, consistent
with the issuance of a commercial certificate of occupancy, is required.
(k)
A smoke detector and carbon monoxide detector is required in
each guest room.
(l)
The Building Inspector (or designee) shall be given such access
to be given access to perform annual inspections to ensure compliance
with all federal, state and local codes, rules and regulations, including
the New York State Uniform Fire Prevention and Building Code. Such
inspections may be made with or without prior notice thereof.
(m)
A single exterior sign or display may be established on the
site of the bed-and-breakfast hotel. Said sign or display shall not
exceed eight square feet in area. No freestanding sign shall be located
less than 10 feet from the front property line nor less than five
feet from the side property line.
(n)
A full, hot breakfast must be served in a designated dining
area within the bed-and-breakfast hotel, and only to overnight guests.
Other meals are not permitted.
(o)
Each special permit shall expire on the third anniversary of
the issuance of the initial certificate of occupancy from the Building
Department. The applicant must apply for a special permit renewal.
(p)
The bed-and-breakfast must be in compliance with all applicable
federal, state, and local laws.
(q)
The Planning Commission shall have the right to impose and include
additional conditions as it may deem necessary to effectuate the purpose
of this chapter.
(7)
In order to increase the availability and types of housing geared
to seniors, and to allow provision of such housing in areas within
existing lower-density residential areas of the City within convenient
distance from transportation arteries, shopping areas and medical,
social and community services, and to establish standards for such
uses in residence districts supporting one-, two- and three-family
residences, senior citizen housing, senior citizen congregate care,
nursing home or assisted living residences may be allowed by special
permit from the Common Council, subject to submission of a development
proposal and plan that adheres to the following additional standards
and requirements:
[Added 10-17-2016 by L.L.
No. 7-2016]
(a)
The lot shall have frontage on a state or county roadway and
be located within 0.3 mile of a hospital and/or community health centers
(as listed on the Westchester County Health Department website)
(b)
The lot shall be located within a Residential Zoning District.
(c)
The lot shall be a minimum of two acres.
(d)
The lot shall be located within 0.3 mile of commercial retail
services (as indicated on the City zoning map) and/or social and/or
community services for senior citizens.
(e)
For the convenience of residents, employees and visitors, and
to reduce use of vehicles, the lot shall be located within 500 feet
of a bus stop.
(f)
Maximum permitted density shall not exceed 15 dwelling units
per acre. For senior citizen housing facilities, senior citizen congregate
care facilities, nursing homes or assisted living residences without
separate cooking facilities, the maximum permitted density shall be
equal to 1.5 beds for each dwelling unit permitted, or prorated combination
of the above, per acre, subject to the following bonus density credits:
[1]
Landscaping. The provision of exceptional landscape screening
over and above that required by this subsection may receive an increase
of up to four dwelling units per acre.
[2]
Ancillary facilities. For purposes of this subsection, "Ancillary
Facilities" shall be defined as additional services, such as a beauty
salon, chapel, exercise facility, laundry, jitney service, and convenience
retail shop, provided that such ancillary uses shall be solely for
the use of residents, employees and invited guests, and further provided
that there shall be no exterior announcement, signage or other evidence
of such facilities. Developments incorporating two ancillary facilities
may receive an increase of density of up to three dwelling units per
acre.
[3]
Architectural design. The provision of exceptional architecture
may receive an increase of density of up to four dwelling units per
acre.
(g)
Height may not exceed 60 feet or five stories. Chimneys, flues,
towers, bulkheads, spires and other decorative features are exempt
and shall not exceed 20% of the roof area.
(h)
Building coverage shall not exceed 25% and impervious coverage
shall not exceed 50%.
(i)
Building setbacks from all property lines for all structures
shall be a minimum of 50 feet, except when adjoining a public street
or right-of-way the minimum setback shall be 35 feet.
(j)
In reviewing a prospective development under this subsection,
the Common Council must find that any structure over 35 feet in height
shall have no significant adverse effect on views to and from existing
residences and to or from public open space, and that the proposed
development shall protect community character and pedestrian scale.
(k)
One parking space shall be provided for each person employed
on the maximum shift, including staff doctors, if any, plus one parking
space per four nursing home or assisted living patient-resident beds,
plus one parking space per senior housing dwelling unit. The Planning
Commission may waive a portion of the parking requirement if, in its
sole authority, the Planning Commission determines, based upon a showing
by the applicant, that such a waiver is warranted due to variation
in the probable time of maximum use by employees, residents and their
guests, the provision of shuttle buses or other site-based transportation,
or such other evidence as is provided by the applicant to the satisfaction
of the Planning Commission.
(l)
One loading space shall be provided for the first 100 nursing
home or assisted living unit patient-resident beds, per 50 senior
housing dwelling units or prorated portions thereof and one additional
loading space shall be provided for each additional 100 nursing home
or assisted living patient-resident beds, per 50 senior housing dwelling
units, prorated portion thereof or major portion thereof. Notwithstanding
the foregoing, this requirement may be waived or modified by the Planning
Commission.
(m)
A vegetative buffer at least 20 feet wide shall be provided
along all side and rear lot lines that are adjacent to a residential
use. This buffer may be reduced by the Planning Commission where the
lot abuts wooded or nonresidential uses or roadways.
(n)
The lot shall provide suitably equipped open recreation area(s)
at the rate of 200 square feet per dwelling units or 1.5 beds.
C.
Accessory uses are limited to the following:
(1)
Customary home occupations, provided that:
(a)
No display of goods or signs are visible from
the street.
(b)
Such occupation is incidental to the residential
use of the premises and is carried on in the main building by a resident
thereof with no more than two assistants who do not reside on the
premises.
(c)
Only customary household appliances and equipment
are used.
(d)
Such occupation is carried on in an area not
exceeding 30% of the area of one floor of the main building.
(2)
Professional office or studio, specifically excluding
a doctor, dentist, optometrist or similar medical practitioner, including,
but not limited to, the following: architect, artist, chiropractor,
City planner, engineer, insurance broker, lawyer, musician, public
accountant, real estate broker or teacher, provided that:
(a)
Such office or studio is incidental to the residential
use of the premises and is carried on by a resident thereon with not
more than two assistants who do not reside on the premises.
(b)
Such office or studio shall occupy not more
than 30% of the area of one floor of the main building. Studios where
instruction is offered to groups in excess of three pupils at one
time or where concerts or recitals are held are prohibited.
(3)
Garden house, toolhouse, playhouse, greenhouse or
swimming pool incidental to the residential use of the premises and
not operated for gain, provided that swimming pools shall be subject
to the following requirements:
(a)
No part of such pool shall be nearer than the
required setback for accessory buildings to any property line nor,
except in the case of corner lots, nearer to any street line than
that rear wall of the main building which is located nearer to the
street. On a corner lot, a pool may project within a distance of one
of the bounding streets equal to the required front yard.
(b)
Fencing.
[1]
An adequate permanent fence or barrier shall
be erected and maintained to prevent accidental entry or unauthorized
use of the pool, and particularly entry by a small child. Such fence
or barrier may be erected so as to completely enclose the pool itself
or that portion of the yard in which the pool is situated or the entire
property. Such fence or barrier shall be adequately supported and
shall not be less than four nor more than six feet in height.
[2]
Such fence shall have not more than two openings
for ingress and egress. Said openings shall have a self-closing gate
or door with an adequate lock which can be opened from the outside
only by means of a key or combination. The gate, door and lock shall
at all times be maintained in proper working order to ensure that
such gate or door shall be kept closed and locked at all times when
the pool is not in use.
[3]
The type and height of fence or barrier shall
be approved by the Planning Commission, which shall, in evaluating
a request for approval, give due consideration to the adequacy and
durability of the proposed fence or barrier to ensure the safety and
welfare of the general public and particularly of small children and
to the terrain and character of the district, with a view to conserving
the value of buildings and land and encouraging the most appropriate
use of land in the City.
(c)
Any lighting used in conjunction with such pool
shall be directed away from adjoining properties.
(d)
Should the owner abandon the pool, he shall
arrange to fill in the depression. The Director shall be notified
of the abandonment so that an inspection of the site may be made and
the records of the permit marked accordingly.
(4)
Private garage, including carports, for not more than
three four-wheeled vehicles, excluding construction equipment, of
residents on the premises, including the leasing to a nonresident
of the premises of space for not more than one such motor vehicle.
(5)
The keeping of not more than three customary household
pets over six months old, but excluding the commercial breeding or
keeping of the same.
(6)
For uses permitted in Subsection A, fences or garden walls limited to four feet in height in any front yard and 6 1/2 feet in height in any rear yard and side yard, measured above the finished grade. For any other permitted use, such fences or garden walls may be erected to greater heights if approved by the Planning Commission.
(7)
Satellite dish antenna.
[Amended 12-11-1995[3]]
(a)
Ground-mounted satellite dish antennas more than two feet and up to 12 feet in diameter may be permitted by special permit of the Planning Commission pursuant to § 575-57 of this chapter, subject to the following criteria:
[1]
All installations must comply with all yard,
height, bulk and setback requirements specified within the district
for principal uses.
[2]
All installations shall be located to prevent
obstruction of the antenna's reception window from existing and potential
permitted development or adjoining properties.
[3]
All installations shall be subject to review
of the Planning Commission for screening, materials and color.
[4]
All installation must include screening treatment
located along the antenna's non-reception-window axis and low-level
ornamental landscape treatments along the reception-window-axis of
the antenna's base.
[5]
No satellite dish antenna shall be installed
in any front or side yard in any residential zoning district, nor
shall it be visible from the street.
[6]
All applications for building permits must include
certification by a registered engineer that the proposed installation
complies with those standards listed in the New York State Uniform
Fire Prevention and Building Code.
(b)
In any residential zoning district, roof-mounted satellite dishes more than two feet and up to 12 feet in diameter may be permitted subject to site plan approval by the Planning Commission pursuant to § 575-56 of this chapter, subject to the following criteria:
[1]
Demonstration by the applicant that compliance with Subsection C(7)(a) of this section would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
[2]
The height of the proposed installation does
not exceed the maximum height restriction imposed by the district.
[3]
Editor's Note: This amendment also provided
that it was not the Common Council's legislative intent, in enacting
the zoning provisions regulating TVRO's, to regulate the placement
of TVRO's not exceeding 24 inches in diameter when such TVRO's are
attached to a structure, nor was it the legislative intent to require
a special permit therefor.
(8)
Chicken coop, subject to compliance with the following requirements:
[Added 9-10-2012 by L.L. No. 11-2012]
(a)
CHICKEN COOP
CHICKEN PEN
HEN
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
A fully enclosed accessory structure for housing hens made
of wood or other durable materials that prevents vermin from gaining
access and provides shelter from the elements.
A wire enclosure connected to a henhouse for the purpose
of allowing chickens to leave the henhouse while remaining in an enclosed,
predator-safe environment.
A female chicken over the age of four months.
(b)
Permit.
[1]
No person shall keep hens and erect or maintain a chicken coop
unless they have been granted a permit by the Building Inspector.
Written, signed consent from all adjoining property owners is required
prior to issuance of a permit.
[2]
The first permit year shall be September 1, 2012, through December
31, 2012. Thereafter, the permit year shall be January 1 through December
31. In the first permit year, no more than 10 permits shall be issued.
In each subsequent permit year, 10 new permits may be issued, with
a total number not to exceed 50 permits.
[3]
The permit shall be subject to all terms and conditions of this
chapter and any additional conditions deemed necessary by the Building
Inspector to protect the public health, safety and welfare.
[4]
Thereafter, the Building Inspector reserves the right to inspect
the premises to ensure that the terms and conditions of this chapter
are being met on a continuing basis. Failure to adhere to these terms
and conditions may result in a revocation of the permit, and an order
from the Building Inspector to remove the hens and any materials or
structures related to the keeping of hens.
[5]
The permit is subject to annual renewals by the Building Inspector.
This annual permit is specific to the requestor and may not be assigned.
In the event that the holder of a permit is absent from the property
longer than 30 days, the permit shall automatically terminate and
become void.
(c)
Hens shall be kept for personal use only; no person shall sell
eggs or engage in chicken breeding or fertilizer production for commercial
purposes. The slaughtering of chickens is prohibited.
(d)
Roosters, chicks, and any other type of fowl or poultry are
prohibited.
(e)
Hens shall not be deemed or considered customary household pets.
(f)
The minimum lot size is 6,000 square feet.
(g)
No more than four hens are permitted at any one time.
(h)
Chicken coops shall only be located in rear yards. For a corner
lot where no such rear yard exists, a side yard may be used as long
as the setbacks as listed herein are met. In no case may a chicken
coop be placed in the front yard.
(i)
A chicken coop shall not be located closer than 15 feet to a
property line and 25 feet to any residential structure on adjacent
property.
(j)
Hens shall be housed in a fully enclosed, predator-proof and
verminproof chicken coop that is thoroughly ventilated, heated during
winter months, of sufficient size to admit free movement of the hens,
and designed to be easily accessed, cleaned and maintained by the
owners. An existing shed or garage cannot be used to house hens.
[1]
The materials used in making the structure shall be uniform
for each element of the chicken coop, such that the walls are made
of the same material, and the roof has the consistent shingling or
other covering. The use of scrap waste board, sheet metal or similar
materials is prohibited. The exterior of the chicken coop shall be
uniform in appearance, and shall be in harmony with the surrounding
area.
[2]
Hens shall be kept in the enclosed chicken coop and pen at all
times. Access doors must be able to be shut and locked at night.
[3]
The chicken coop shall not exceed a maximum height of six feet.
(k)
Hens must be provided with access to feed and clean water at
all times. Such feed and other items associated with the keeping of
hens shall be secured in verminproof and predator-proof containers.
(l)
Provisions must be made for the storage and removal of chicken
manure. All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure. All manure not used
for composting or fertilizing shall be removed. The chicken coop,
pen, and surrounding area must be kept free from trash and accumulated
droppings. All waste must be disposed of in a manner that will not
cause odor, flies, or attract vermin, and must follow all applicable
City, county, and state waste disposal rules and regulations.
(m)
Odors from hens, chicken coop, chicken manure, or other chicken-related
substances and activities shall not be perceptible at the property
boundaries.
D.
Lot area and building requirements.
(1)
Lot area, width and depth.
(a)
In the R-1A District, the lot area shall not
be less than 7,500 square feet and the lot width not less than 75
feet.
(b)
In the R-1B District, the lot area shall not
be less than 6,000 square feet and the lot width not less than 60
feet.
(c)
In the R-1C District, the lot area shall not
be less than 5,000 square feet and the lot width not less than 50
feet.
(d)
In the R-1A, R-1B and R-1C Districts, all lots
shall have a minimum depth of 100 feet, except that such depth may
be decreased to 90 feet if the average depth of the lot equals at
least 100 feet.
(2)
Yards. Except as otherwise permitted or required,
the following yards shall be provided on each lot:
(a)
Front yard. There shall be a front yard along
each street line with a depth of not less than 25 feet, except that
where the planes of all walls of a building facing the street intersect
the street line at a minimum angle of 25° or more, such building
may project to within 20 feet of said line.
(b)
Side yard.
[1]
R-1A District. There shall be a side yard along
each lot line with a width of not less than 10 feet, except that in
the case of a dwelling erected without a garage, one side yard shall
be not less than 22 feet wide. In the case of corner lots (all of
which are deemed to have two front yards, two side yards and no rear
yard), one side yard shall be not less than 30 feet wide and the other
not less than 10 feet wide, except that in the case of a dwelling
erected without a garage, the lesser side yard shall be not less than
22 feet wide. Where the planes of all walls of a building facing a
side lot line intersect such line at a minimum angle of 25° or
more, such building may project to within eight feet of said lot line.
[2]
R-1B and R-1C Districts. There shall be a side
yard along each lot line with a width of not less than six feet and
an aggregate width of not less than 15 feet, except that in the case
of a dwelling erected without a garage, one side yard shall be not
less than 18 feet wide. In the case of corner lots (all of which are
deemed to have two front yards, two side yards and no rear yard),
one side yard shall be not less than six feet wide, except that in
the case of a dwelling erected without a garage, the lesser side yard
shall be not less than 18 feet wide.
(c)
Rear yard. There shall be a rear yard having
a depth of not less than 30 feet.
(3)
Height. No building shall be erected to a height in
excess of 35 feet, nor shall the number of stories at any point along
the periphery of any building other than a one-family dwelling exceed
2 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative
features shall be exempt from the provisions of this subsection, provided
that they occupy not more than 20% of the area of the roof of the
building of which they are a part,
(4)
Location of accessory buildings on the lot.
(a)
R-1A District. Accessory buildings may be erected
not nearer than 10 feet to a property line. In the case of corner
lots, such accessory buildings may be erected not nearer than 10 feet
to one side lot line.
(b)
R-1B and R-1C Districts. Accessory buildings
may be erected not nearer than six feet to a property line. In the
case of corner lots, such accessory buildings may be erected not nearer
than six feet to one side lot line.
(6)
All nonresidential parking and service areas shall
be screened from the view of all adjoining and neighboring residential
properties by an opaque fence or wall or an evergreen hedge of a height
not less than six feet nor more than 10 feet. Parking of licensed
commercial vehicles shall be permitted only under cover.
E.
Off-street parking requirements. Spaces for the parking of passenger
automobiles shall be provided as follows:
[Amended 10-17-2016 by L.L. No. 7-2016]
|
Use
|
Number of Spaces
|
|---|---|
|
Dwelling unit
|
2
|
|
Dwelling unit used as a professional office other than by a
doctor or dentist or in which there is conducted a home occupation
|
3
|
|
Family day-care homes and group family day care homes
|
1 per nonresident employee on the maximum shift, or any portion
thereof, plus the number of parking spaces required by the principal
resident use.
|
|
School
|
1 for each 8 students of total capacity of secondary school;
1 for each 12 students of total capacity of elementary school
|
|
Senior citizen housing, senior citizen congregate care, nursing
home or assisted living residence
|
1 for each senior housing unit; 1 for each 4 assisted living
beds plus 1 for each employee on the maximum shift
|
|
Uses not listed
|
As determined by the Planning Commission to be needed to prevent
frequent parking on the street by persons visiting or connected with
each such use
|
F.
Off-street loading requirement. One off-street loading
space shall be provided for each 20,000 square feet of space or major
fraction thereof in nonresidential buildings.
A.
Permitted uses. No building or premises shall be used
and no building shall be erected which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
B.
Uses subject to the issuance of a Planning Commission special permit. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Planning Commission in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(1)
Two-family dwelling units; provided, however, that
no special permit shall be issued or authorized by the Planning Commission
unless the Planning Commission shall make an affirmative finding that
all of the following conditions have been met:
[Amended 2-22-2021 by L.L. No. 1-2021]
(a)
Minimum lot area of 7,500 square feet.
(b)
Minimum lot width of 75 feet.
(c)
Minimum off-street parking of four spaces within
the lot, and further provided that such parking area shall not reduce
any rear yard by more than 50%, and further provided that such parking
spaces are adequately screened from adjacent uses.
(d)
In the case of a conversion of a single-family
structure to a two-family use, that the proposed conversion will not
detract from the architectural and historic quality of the structure
or of the structure's surrounding neighborhood.
(e)
In the case of conversion of a single-family
structure to a two-family use, no building additions, new doorways
or windows are to be added to or removed from any elevation that faces
a public street. Any building additions approved by the Planning Commission
in the case of a conversion from a single-family to a two-family use
must be adequately screened from adjacent properties.
(f)
In the case of a new construction of a two-family
structure, the facade of such structure must conform to the existing
architectural and historic character of adjacent uses. All such structures
must be oriented to face a public street.
C.
Uses subject to the issuance of a Common Council special permit. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(1)
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter.
(a)
Minimum dimensional standards for a house of
worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 60% maximum impervious
coverage; and maximum building height of 35 feet, except that steeples,
towers or chimneys may extend to a maximum of 50 feet, provided that
such steeples, towers or chimneys do not constitute more than 25%
of the total roof area(s).
(b)
One parking space per four seats.
(c)
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
(d)
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
(e)
Any facility with maximum capacity of 150 persons
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
(f)
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(2)
Family day-care homes and group family day-care homes
as an accessory use to a permitted principal residential use, subject
to the following additional standards and requirements:
(a)
Maximum of six children.
(b)
One or more of the residents of the principal
residential use shall maintain a majority ownership share in the day-care
business.
(c)
One resident of the principal residential use
shall be the operator or an employee of the day-care business with
day-to-day responsibilities over said operation.
(d)
Not more than two nonresident employees shall
be employed on the premises at any one time.
(e)
Lot area and width of the subject site must
conform to minimum lot area and lot width standards for the district.
(f)
The day-care facility's floor area shall be
limited to a maximum of 30% of the principal structure's total floor
area, and the day-care facility's floor area shall be limited to floors
having direct egress to legal open space.
(g)
A ten-foot-wide vegetative buffer strip supplemented
by a six-foot-tall completely opaque fence shall be provided between
property lines and all designated play areas; no designated play area
shall be permitted between the front lot line and a plane extending
from side lot line to side lot line along the side of the house closest
to the front lot line.
(3)
Public utility installations which are needed to serve
the City or the immediate neighborhood, subject to a determination
by the Zoning Board of Appeals that no other reasonable location in
a less restricted district can be used for the purpose contemplated,
and subject, further, to such conditions as the Planning Commission
may deem to be appropriate for the protection of adjoining uses and
of the character of the district.
(4)
Buildings exclusively used and occupied by community
volunteer ambulance corps for the purpose for which organized and
which corps is incorporated under the laws of the State of New York.
(5)
Agency group home, in accordance with § 575-22B(5).
(6)
Bed-and-breakfast, subject to the following standards:
[Added 1-28-2013 by L.L. No. 2-2013]
(a)
Permitted only in the R-2 District contiguous to the C-2 District.
(b)
Permitted only on properties that have frontage on Union Avenue,
between 1st Street and Elm Street.
(c)
Each bed-and-breakfast hotel shall be established, maintained
and operated so as to preserve and complement the character and integrity
of the surrounding area when the facility is established.
(d)
The owner of the bed-and-breakfast hotel must reside in and
continue to reside in the dwelling as his/her/their principal residence.
The owner will provide an annual sworn statement to the City Clerk
certifying to such residency.
(e)
Bed-and-breakfast guest rooms shall not be permitted on the
first floor of a building. Office space and living quarters for the
owner are permitted on the first floor.
(f)
The bed-and-breakfast hotel shall have a minimum of two and
a maximum of five guest rooms.
(g)
The total number of paying adult guests accommodated per night
shall not exceed 10. No more than two adult guests are allowed per
room. Further, no guest shall stay for a period of time in excess
of 14 consecutive days. Documentation verifying the length of stay
of each guest, such as a registration ledger or receipts, will be
made available to the Code Enforcement Officer or the Building Department
upon request.
(h)
A site plan and detailed floor plan shall be required as a condition
of this special permit.
(i)
Parking. The bed-and-breakfast hotel shall provide a minimum
of one off-street parking space for the owner/staff, and at least
one parking space per guest room.
(j)
The residence must be issued a certificate of occupancy from
the Building Inspector as a bed-and-breakfast hotel. A fee, consistent
with the issuance of a commercial certificate of occupancy, is required.
(k)
A smoke detector and carbon monoxide detector is required in
each guest room.
(l)
The Building Inspector (or designee) shall be given such access
to be given access to perform annual inspections to ensure compliance
with all federal, state and local codes, rules and regulations, including
the New York State Uniform Fire Prevention and Building Code. Such
inspections may be made with or without prior notice thereof.
(m)
A single exterior sign or display may be established on the
site of the bed-and-breakfast hotel. Said sign or display shall not
exceed eight square feet in area. No freestanding sign shall be located
less than 10 feet from the front property line nor less than five
feet from the side property line.
(n)
A full, hot breakfast must be served in a designated dining
area within the bed-and-breakfast hotel, and only to overnight guests.
Other meals are not permitted.
(o)
Each special permit shall expire on the third anniversary of
the issuance of the initial certificate of occupancy from the Building
Department. The applicant must apply for a special permit renewal.
(p)
The bed-and-breakfast must be in compliance with all applicable
federal, state, and local laws.
(q)
The Planning Commission shall have the right to impose and include
additional conditions as it may deem necessary to effectuate the purpose
of this chapter.
(7)
In order to increase the availability and types of housing geared
to seniors, and to allow provision of such housing in areas within
existing lower-density residential areas of the City within convenient
distance from transportation arteries, shopping areas and medical,
social and community services, and to establish standards for such
uses in residence districts supporting one-, two- and three-family
residences, senior citizen housing, senior citizen congregate care,
nursing home or assisted living residences may be allowed by special
permit from the Common Council, subject to submission of a development
proposal and plan that adheres to the following additional standards
and requirements:
[Added 10-17-2016 by L.L.
No. 7-2016]
(a)
The lot shall have frontage on a state or county roadway and
be located within 0.3 mile of a hospital and/or community health centers
(as listed on the Westchester County Health Department website)
(b)
The lot shall be located within a Residential Zoning District.
(c)
The lot shall be a minimum of two acres.
(d)
The lot shall be located within 0.3 mile of commercial retail
services (as indicated on the City zoning map) and/or social and/or
community services for senior citizens.
(e)
For the convenience of residents, employees and visitors, and
to reduce use of vehicles, the lot shall be located within 500 feet
of a bus stop.
(f)
Maximum permitted density shall not exceed 15 dwelling units
per acre. For senior citizen housing facilities, senior citizen congregate
care facilities, nursing homes or assisted living residences without
separate cooking facilities, the maximum permitted density shall be
equal to 1.5 beds for each dwelling unit permitted, or prorated combination
of the above, per acre, subject to the following bonus density credits:
[1]
Landscaping. The provision of exceptional landscape screening
over and above that required by this subsection may receive an increase
of up to four dwelling units per acre.
[2]
Ancillary facilities. For purposes of this subsection, "Ancillary
Facilities" shall be defined as additional services, such as a beauty
salon, chapel, exercise facility, laundry, jitney service, and convenience
retail shop, provided that such ancillary uses shall be solely for
the use of residents, employees and invited guests, and further provided
that there shall be no exterior announcement, signage or other evidence
of such facilities. Developments incorporating two ancillary facilities
may receive an increase of density of up to three dwelling units per
acre.
[3]
Architectural design. The provision of exceptional architecture
may receive an increase of density of up to four dwelling units per
acre.
(g)
Height may not exceed 60 feet or five stories. Chimneys, flues,
towers, bulkheads, spires and other decorative features are exempt
and shall not exceed 20% of the roof area.
(h)
Building coverage shall not exceed 25% and impervious coverage
shall not exceed 50%.
(i)
Building setbacks from all property lines for all structures
shall be a minimum of 50 feet, except when adjoining a public street
or right-of-way the minimum setback shall be 35 feet.
(j)
In reviewing a prospective development under this subsection,
the Common Council must find that any structure over 35 feet in height
shall have no significant adverse effect on views to and from existing
residences and to or from public open space, and that the proposed
development shall protect community character and pedestrian scale.
(k)
One parking space shall be provided for each person employed
on the maximum shift, including staff doctors, if any, plus one parking
space per four nursing home or assisted living patient-resident beds,
plus one parking space per senior housing dwelling unit. The Planning
Commission may waive a portion of the parking requirement if, in its
sole authority, the Planning Commission determines, based upon a showing
by the applicant, that such a waiver is warranted due to variation
in the probable time of maximum use by employees, residents and their
guests, the provision of shuttle buses or other site-based transportation,
or such other evidence as is provided by the applicant to the satisfaction
of the Planning Commission.
(l)
One loading space shall be provided for the first 100 nursing
home or assisted living unit patient-resident beds, per 50 senior
housing dwelling units or prorated portions thereof and one additional
loading space shall be provided for each additional 100 nursing home
or assisted living patient-resident beds, per 50 senior housing dwelling
units, prorated portion thereof or major portion thereof. Notwithstanding
the foregoing, this requirement may be waived or modified by the Planning
Commission.
(m)
A vegetative buffer at least 20 feet wide shall be provided
along all side and rear lot lines that are adjacent to a residential
use. This buffer may be reduced by the Planning Commission where the
lot abuts wooded or nonresidential uses or roadways.
(n)
The lot shall provide suitably equipped open recreation area(s)
at the rate of 200 square feet per dwelling units or 1.5 beds.
D.
Accessory uses are limited to the following: the same
as permitted in the R-1 District.
A.
Permitted uses. No building or premises shall be used,
and no building shall be erected which is arranged, intended or designed
to be used, in whole or in part, for any purpose except the following:
(1)
Any use permitted in § 575-23A of this chapter, the R-2 Residence District, in accordance with the requirements of said district.
(2)
Any structure existing as a legal two-family or three-family dwelling
as of the date of the adoption of the 1977 Zoning Ordinance may continue
its use as such.
[Added 10-22-2018 by L.L.
No. 8-2018]
B.
Uses subject to the issuance of a Planning Commission special permit. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Planning Commission in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(1)
Two-family structures, subject to all conditions and
criteria as in the R-2 District.
(2)
Three-family dwelling units; provided, however, that
no special permit shall be issued or authorized by the Planning Commission
unless the Planning Commission shall make an affirmative finding that
all of the following conditions have been met:
[Amended 2-22-2021 by L.L. No. 1-2021]
(a)
Minimum lot area of 10,000 square feet.
(b)
Minimum lot width of 100 feet.
(c)
Minimum off-street parking of six spaces within
the lot, and further provided that such parking area shall not reduce
any rear yard by more than 50%, and further provided that such parking
spaces are adequately screened from adjacent uses.
(d)
In the case of a conversion of a single-family
structure or a two-family structure to a three-family use, that the
proposed conversion will not detract from the architectural and historic
quality of the structure or of the structure's surrounding neighborhood.
(e)
In the case of conversion of a single-family
structure or two-family structure to a three-family use, no building
additions, new doorways or windows are to be added to or removed from
any elevation that faces a public street. Any building additions approved
by the Planning Commission in the case of a conversion from a single-family
or two-family to a three-family use must be adequately screened from
adjacent properties.
(f)
In the case of a new construction of a three-family
structure, the facade of such structure must conform to the existing
architectural and historic character of adjacent uses. All such structures
must be oriented to face a public street.
C.
Uses subject to the issuance of a Common Council special permit. The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(1)
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter.
(a)
Minimum dimensional standards for a house of
worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 60% maximum impervious
coverage; and maximum building height of 35 feet, except that steeples,
towers or chimneys may extend to a maximum of 50 feet, provided that
such steeples, towers or chimneys do not constitute more than 25%
of the total roof area(s).
(b)
One parking space per four seats.
(c)
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
(d)
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
(e)
Any facility with maximum capacity of 150 persons
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
(f)
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(2)
Family day-care homes and group family day-care homes
as an accessory use to a permitted principal residential use, subject
to the following additional standards and requirements:
(a)
Maximum of six children.
(b)
One or more of the residents of the principal
residential use shall maintain a majority ownership share in the day-care
business.
(c)
One resident of the principal residential use
shall be the operator or an employee of the day-care business with
day-to-day responsibilities over said operation.
(d)
Not more than two nonresident employees shall
be employed on the premises at any one time.
(e)
Lot area and width of the subject site must
conform to minimum lot area and lot width standards for the district.
(f)
The day-care facility's floor area shall be
limited to a maximum of 30% of the principal structure's total floor
area, and the day-care facility's floor area shall be limited to floors
having direct egress to legal open space.
(g)
A ten-foot-wide vegetative buffer strip supplemented
by a six-foot-tall completely opaque fence shall be provided between
property lines and all designated play areas; no designated play area
shall be permitted between the front lot line and a plane extending
from side lot line to side lot line along the side of the house closest
to the front lot line.
(3)
Public utility installations which are needed to serve
the City or the immediate neighborhood, subject to a determination
by the Zoning Board of Appeals that no other reasonable location in
a less restricted district can be used for the purpose contemplated,
and subject, further, to such conditions as the Planning Commission
may deem to be appropriate for the protection of adjoining uses and
of the character of the district.
(4)
Buildings exclusively used and occupied by community
volunteer ambulance corps for the purpose for which organized and
which corps is incorporated under the laws of the State of New York.
(5)
Agency group home, in accordance with § 575-22B(5).
(6)
In order to increase the availability and types of housing geared
to seniors, and to allow provision of such housing in areas within
existing lower-density residential areas of the City within convenient
distance from transportation arteries, shopping areas and medical,
social and community services, and to establish standards for such
uses in residence districts supporting one-, two- and three-family
residences, senior citizen housing, senior citizen congregate care,
nursing home or assisted living residences may be allowed by special
permit from the Common Council, subject to submission of a development
proposal and plan that adheres to the following additional standards
and requirements:
[Added 10-17-2016 by L.L.
No. 7-2016]
(a)
The lot shall have frontage on a state or county roadway and
be located within 0.3 mile of a hospital and/or community health centers
(as listed on the Westchester County Health Department website)
(b)
The lot shall be located within a residential zoning district.
(c)
The lot shall be a minimum of two acres.
(d)
The lot shall be located within 0.3 mile of commercial retail
services (as indicated on the City zoning map) and/or social and/or
community services for senior citizens.
(e)
For the convenience of residents, employees and visitors, and
to reduce use of vehicles, the lot shall be located within 500 feet
of a bus stop.
(f)
Maximum permitted density shall not exceed 15 dwelling units
per acre. For senior citizen housing facilities, senior citizen congregate
care facilities, nursing homes or assisted living residences without
separate cooking facilities, the maximum permitted density shall be
equal to 1.5 beds for each dwelling unit permitted, or prorated combination
of the above, per acre, subject to the following bonus density credits:
[1]
Landscaping. The provision of exceptional landscape screening
over and above that required by this subsection may receive an increase
of up to four dwelling units per acre.
[2]
Ancillary facilities. For purposes of this subsection, "Ancillary
Facilities" shall be defined as additional services, such as a beauty
salon, chapel, exercise facility, laundry, jitney service, and convenience
retail shop, provided that such ancillary uses shall be solely for
the use of residents, employees and invited guests, and further provided
that there shall be no exterior announcement, signage or other evidence
of such facilities. Developments incorporating two ancillary facilities
may receive an increase of density of up to three dwelling units per
acre.
[3]
Architectural design. The provision of exceptional architecture
may receive an increase of density of up to four dwelling units per
acre.
(g)
Height may not exceed 60 feet or five stories. Chimneys, flues,
towers, bulkheads, spires and other decorative features are exempt
and shall not exceed 20% of the roof area.
(h)
Building coverage shall not exceed 25% and impervious coverage
shall not exceed 50%.
(i)
Building setbacks from all property lines for all structures
shall be a minimum of 50 feet, except when adjoining a public street
or right-of-way the minimum setback shall be 35 feet.
(j)
In reviewing a prospective development under this subsection,
the Common Council must find that any structure over 35 feet in height
shall have no significant adverse effect on views to and from existing
residences and to or from public open space, and that the proposed
development shall protect community character and pedestrian scale.
(k)
One parking space shall be provided for each person employed
on the maximum shift, including staff doctors, if any, plus one parking
space per four nursing home or assisted living patient-resident beds,
plus one parking space per senior housing dwelling unit. The Planning
Commission may waive a portion of the parking requirement if, in its
sole authority, the Planning Commission determines, based upon a showing
by the applicant, that such a waiver is warranted due to variation
in the probable time of maximum use by employees, residents and their
guests, the provision of shuttle buses or other site-based transportation,
or such other evidence as is provided by the applicant to the satisfaction
of the Planning Commission.
(l)
One loading space shall be provided for the first 100 nursing
home or assisted living unit patient-resident beds, per 50 Senior
Housing Dwelling Units or prorated portions thereof and one additional
loading space shall be provided for each additional 100 nursing home
or assisted living patient-resident beds, per 50 senior housing dwelling
units, prorated portion thereof or major portion thereof. Notwithstanding
the foregoing, this requirement may be waived or modified by the Planning
Commission.
(m)
A vegetative buffer at least 20 feet wide shall be provided
along all side and rear lot lines that are adjacent to a residential
use. This buffer may be reduced by the Planning Commission where the
lot abuts wooded or nonresidential uses or roadways.
(n)
The lot shall provide suitably equipped open recreation area(s)
at the rate of 200 square feet per dwelling unit or 1.5 beds.
D.
Accessory uses are limited to the following: the same
as permitted in the R-1 District.
[Amended 7-14-1986; 4-8-1991; 6-26-1995]
A.
Permitted uses. No building or premises shall be used,
and no building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following:
(1)
Any principal permitted use in the R-1A District, in accordance with the requirements of § 575-22A, except that:
(a)
Not more than one professional office or studio,
other than accessory to a use otherwise permitted, shall be permitted
for each 25 dwelling units or major fraction thereof on the lot. Such
office or studio shall be only on the street floor of any building
and on the floor immediately above the street floor only if there
is access to such office or studio from other than a public hall.
(2)
Dwelling for four or more families, provided that
the entire lot occupied by such dwelling shall be maintained in single
ownership throughout the life of the building.
(3)
Attached single-family townhouses in accordance with
the following regulations:
(a)
There shall be a minimum parcel of 10,000 square
feet.
(b)
The minimum dimensions of a lot or parcel upon
which a townhouse can be built shall be 16 feet wide and 80 feet deep.
(c)
The maximum number of townhouses per acre shall
be eight.
(d)
No townhouse shall contain an aggregate floor
area of greater than 1,800 square feet.
(e)
A minimum side yard of 20 feet shall be required
between groups of townhouses or between groups of townhouses and the
nearest property line.
(f)
Front and rear yards may be varied by up to
25% in order to increase flexibility in design of the development.
(4)
Any
structure existing as a legal two-family or three-family dwelling
as of the date of the adoption of the 1977 Zoning Ordinance may continue
its use as such.
[Added 11-12-2019 by L.L. No. 7-2019]
B.
Uses subject to the issuance of a special permit.
[Amended 5-29-2012]
(1)
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 10-17-2016 by L.L. No. 7-2016]
(a)
Housing, congregate care, assisted living residences
and nursing home facilities for senior citizens:
[1]
Site shall be a minimum of two acres.
[2]
Maximum permitted density shall not exceed 1.5
patient beds or 15 dwelling unit, or prorated combination of the above,
per acre.
[3]
Building coverage shall not exceed 25% and impervious
coverage shall not exceed 50%.
[4]
Building setbacks from all property lines for
all structures shall be a minimum of 50 feet or twice the building
height, whichever is greater.
[5]
One parking space shall be provided for each
person employed on the maximum shift, including staff doctors, if
any, plus one parking space per four nursing home or assisted living
patient-resident beds, plus one parking space per senior housing dwelling
unit. The Common Council may waive a portion of the parking requirement
if, in its sole authority, the Common Council determines, based upon
a showing by the applicant, that such a waiver is warranted due to
variation in the probable time of maximum use by employees, residents
and their guests, the provision of shuttle buses or other site-based
transportation, or such other evidence as is provided by the applicant
to the satisfaction of the Common Council.
[6]
One loading space shall be provided for the
first 100 nursing home or assisted living unit patient-resident beds,
per 50 senior housing dwelling units or prorated portions thereof
and one additional loading space shall be provided for each additional
100 nursing home or assisted living patient-resident beds, per 50
senior housing dwelling units, prorated portion thereof or major portion
thereof.
[7]
A vegetative buffer at least 20 feet wide shall
be provided along all side and rear lot lines.
(b)
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:
[1]
Minimum dimensional standards for a house of
worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 60% maximum impervious
coverage; and maximum building height of 35 feet, except that steeples,
towers or chimneys may extend to a maximum of 50 feet, provided that
such steeples, towers or chimneys do not constitute more than 25%
of the total roof area(s).
[2]
One parking space per four seats.
[3]
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
[4]
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
[5]
Any facility with maximum capacity of 150 persons
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
[6]
Maximum site generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(c)
Cemeteries, including extensions of existing
cemeteries.
(d)
Nursery school, kindergarten, elementary school,
junior high school or high school, subject to compliance with the
following standards:
[1]
Minimum dimensional standards for a school shall
be as follows: five-acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 50% maximum impervious
coverage; maximum building height of 30 feet; fifty-foot setback from
all property lines for all playgrounds, ball fields, tracks and similar
active recreation areas; and a fifteen-foot-wide vegetative buffer
shall be provided that along all lot lines adjoining a residential
district, to the satisfaction of the Planning Commission.
[2]
Parking shall be provided as required below,
except that the Planning Commission may waive a portion of the parking
requirement if, in its sole authority, the Planning Commission determines,
based upon a showing by the applicant, that such a waiver is warranted
due to variation in the probable time of maximum use by employees,
students and visitors or such other evidence as is provided by the
applicant to the satisfaction of the Planning Commission:
[a]
One parking space shall be provided
per staff member on the maximum shift plus one parking space per 15
student seats in a nursery, kindergarten, elementary, middle or junior
high school class.
[b]
One parking space shall be provided
per staff member on the maximum shift plus one parking space per four
high school classroom seats.
[3]
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
[4]
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
[5]
Any school with maximum capacity of 150 students
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
[6]
Maximum site generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(e)
Family day-care homes and group family day-care
homes as an accessory use to a permitted principal residential use,
subject to the following additional standards and requirements:
[1]
Maximum of six children.
[2]
One or more of the residents of the principal
residential use shall maintain a majority ownership share in the day-care
business.
[3]
One resident of the principal residential use
shall be the operator or an employee of the day-care business with
day-to-day responsibilities over said operation.
[4]
Not more than two nonresident employees shall
be employed on the premises at any one time.
[5]
Lot area and width of the subject site must
conform with minimum lot area and lot width standards for the district.
[6]
The day-care facility's floor area shall be
limited to a maximum of 30% of the principal structure's total floor
area, and the day-care facility's floor area shall be limited to floors
having direct egress to legal open space.
[7]
A ten-foot-wide vegetative buffer strip supplemented
by a six-foot-tall completely opaque fence shall be provided between
property lines and all designated play areas; no designated play area
shall be permitted between the front lot line and a plane extending
from side lot line to side lot line along the side of the house closest
to the front lot line.
(f)
Public utility installations, in accordance with § 575-24C(3).
(g)
Buildings exclusively used and occupied by community
volunteer ambulance corps for the purpose for which organized and
which corps is incorporated under the laws of the State of New York.
(h)
Agency group home, in accordance with § 575-22B(5).
(2)
The following uses are permitted subject to the issuance of a special permit by the Director of the Department of Planning upon authorization by the Planning Commission in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(a)
Two-family structures, subject to all conditions and criteria as in § 575-23B(1).
(b)
Three-family structures, subject to all conditions and criteria as in § 575-24B(2).
C.
Accessory uses are limited to the following: the same
as permitted and regulated in the R-1B Residence District.
D.
Lot area and building requirements.
(1)
The land area provided for each dwelling unit on the
lot shall not be less than 5,000 square feet. No lot shall have an
average depth of less than 100 feet.
(2)
Yards. Except as otherwise permitted or required,
the following yards shall be provided on each lot:
(a)
Front yard. There shall be a front yard with
a minimum depth of 30 feet, except that where the planes of all walls
of a building facing the street intersect the street line at a minimum
angle of 25° or more, such building may project to within 25 feet
of said line.
(b)
Side yard. There shall be a side yard with a
minimum width of 20 feet.
(c)
Rear yard. There shall be a rear yard with a
minimum depth of 30 feet.
(3)
Height. Except as provided in Subsection B hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building other than a one-family dwelling exceed 2 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.
E.
Usable open space. For every dwelling unit erected
on any lot, there shall be provided at least 400 square feet of usable
open space.
F.
Maximum coverage and floor area ratio. The sum of
all areas covered by all principal and accessory buildings shall not
exceed 25% of the area of the lot, except that where the Zoning Board
of Appeals finds that the provision of the required off-street parking
space underneath the principal building or in such a way as to enable
the roof thereof to be used as part of the grounds would be impractical,
such Board may authorize accessory garages to cover an additional
5% of the area of the lot. In addition, no building shall be erected
or enlarged in which the aggregate floor area shall exceed 0.6 times
the area of the lot on which the building stands.
G.
Length of buildings. No building shall exceed a length
of 200 feet.
H.
Distance between buildings. The following minimum
distances between buildings shall be observed:
(1)
Between a principal building, other than a one-, two-
or three-family dwelling, and a one-story accessory building: 20 feet.
(2)
Between any two other buildings: a distance equal
to the average height of such buildings at the points where such buildings
are nearest one to the other.
(3)
Notwithstanding any other provision, and except as
provided hereinafter, no building on any lot shall intrude into the
area enclosed by an arc of a circle with a radius of 60 feet extending
70° on each side of a line perpendicular to the center of any
legal window (other than a legal bathroom or kitchen window) and the
exterior radii of such arc. All measurements shall be performed in
horizontal projection at the sill level of the subject window. This
limitation shall not apply to any wall of the same building the plane
of which intersects the plane of the wall in which the subject window
is located at an exterior angle of more than 80°. A minimum distance
of 60 feet shall be maintained between the subject window and any
wall parallel thereto, whether such wall is a part of the same or
of another building on the same lot.
I.
Courts.
(1)
Inner courts. The minimum dimension of an inner court
shall equal not less than 1/2 times the average height of all surrounding
walls in the case of nonresidential buildings and not less than 1 1/2
times such height, but not less than 60 feet, in the case of residential
buildings. The height of walls surrounding an inner court shall be
measured from finished grade at the base thereof to the top of such
wall, except that in the case of roofs with a slope exceeding five
inches vertical to 12 inches horizontal, the height shall be measured
to the mean point between the top of said wall and the highest point
of the roof.
(2)
Outer courts. The minimum width of an outer court
shall be 20 feet and the depth thereof shall not exceed its width.
J.
Off-street parking and loading.
(1)
All uses other than dwellings for four or more families
shall provide space for the parking of passenger automobiles in accordance
with the requirements of the Two- or Three-Family Residence R-3 District.
For dwellings for four or more families, there shall be provided paved
off-street parking space or garage space, or both, sufficient in area
for not less than 1 1/2 spaces for each dwelling unit with one
bedroom or less and 1 3/4 spaces for each dwelling unit with
two bedrooms and two spaces for each dwelling unit with three bedrooms
or more. In addition, all plans for multiple dwellings shall show
additional parking areas for guest parking at a minimum of 1/2 space
for each unit. All required open parking spaces shall be individually
identified by means of pavement markings. Wherever space is provided
for the parking of four or more vehicles in the open, such spaces
shall be screened by a substantial solid wall or fence or thick hedge
six feet in height above the average finished grade of the parking
area. No parking space shall be located in any front yard or within
three feet of any lot line in side or rear yards. The parking of motor
vehicles within 15 feet of any wall or portion thereof of a four-or-more-family
dwelling, which wall contains legal windows (other than legal bathroom
or kitchen windows) with a sill height of less than eight feet above
the level of said parking space, is prohibited.
[Amended 7-14-1986; 4-8-1991; 9-26-1995]
A.
Permitted uses. No building or premises shall be used,
and no building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following:
(1)
Any principal permitted use in the R-4 District, in accordance with the requirements of § 575-25A of said district.
(2)
Any
structure existing as a legal two-family or three-family dwelling
as of the date of the adoption of the 1977 Zoning Ordinance may continue
its use as such.
[Added 11-12-2019 by L.L. No. 7-2019]
B.
Uses subject to the issuance of a special permit.
[Amended 5-29-2012]
(1)
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 10-17-2016 by L.L. No. 7-2016]
(a)
Housing, congregate care, assisted living residences and nursing
home facilities for senior citizens:
[1]
Site shall be a minimum of two acres.
[2]
Maximum permitted density shall not exceed 1.5
patient beds or one dwelling unit, or prorated combination of the
above, per 2,000 square feet of land area.
[3]
Building coverage shall not exceed 25% and impervious
coverage shall not exceed 50%.
[4]
Building setbacks from all property lines for
all structures shall be a minimum of 50 feet or twice the building
height, whichever is greater.
[5]
One parking space shall be provided for each
person employed on the maximum shift, including staff doctors, if
any, plus one parking space per four nursing home or assisted living
patient-resident beds, plus one parking space per senior housing dwelling
unit; the Common Council may waive a portion of the parking requirement
if, in its sole authority, the Common Council determines, based upon
a showing by the applicant, that such a waiver is warranted due to
variation in the probable time of maximum use by employees, residents
and their guests, the provision of shuttle buses or other site-based
transportation, or such other evidence as is provided by the applicant
to the satisfaction of the Common Council.
[6]
One loading space shall be provided for the
first 100 nursing home or assisted living unit patient-resident beds,
per 50 senior housing dwelling units or prorated portions thereof
and one additional loading space shall be provided for each additional
100 nursing home or assisted living patient-resident beds, per 50
senior housing dwelling units, prorated portion thereof or major portion
thereof.
[7]
A vegetative buffer at least 20 feet wide shall
be provided along all side and rear lot lines.
(b)
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:
[1]
Minimum dimensional standards for a house of
worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 40% maximum impervious
coverage; and maximum building height of 35 feet, except that steeples,
towers or chimneys may extend to a maximum of 50 feet, provided such
steeples, towers or chimneys do not constitute more than 25% of the
total roof area(s).
[2]
One parking space per four seats.
[3]
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
[4]
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
[5]
Any facility with maximum capacity of 150 persons
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
[6]
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(c)
Nursery school, kindergarten, elementary school,
junior high school or high school, subject to compliance with the
following standards:
[1]
Minimum dimensional standards for a school shall
be as follows: five-acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 50% maximum impervious
coverage; maximum building height of 30 feet; fifty-foot setback from
all property lines for all playgrounds, ball fields, tracks and similar
active recreation areas; and a fifteen-foot-wide vegetative buffer
shall be provided along all lot lines adjoining a residential district,
to the satisfaction of the Planning Commission.
[2]
Parking shall be provided as required below,
except that the Planning Commission may waive a portion of the parking
requirement if, in its sole authority, the Planning Commission determines,
based upon a showing by the applicant, that such a waiver is warranted
due to variation in the probable time of maximum use by employees,
students and visitors or such other evidence as is provided by the
applicant to the satisfaction of the Planning Commission:
[a]
One parking space shall be provided
per staff member on the maximum shift plus one parking space per 15
student seats in a nursery, kindergarten, elementary, middle or junior
high school class.
[b]
One parking space shall be provided
per staff member on the maximum shift plus one parking space per four
high school classroom seats.
[3]
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
[4]
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
[5]
Any school with maximum capacity of 150 students
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
[6]
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(d)
Family day-care homes and group family day-care
homes as an accessory use to a permitted principal residential use,
subject to the following additional standards and requirements:
[1]
Maximum of six children.
[2]
One or more of the residents of the principal
residential use shall maintain a majority ownership share in the day-care
business.
[3]
One resident of the principal residential use
shall be the operator or an employee of the day-care business with
day-to-day responsibilities over said operation.
[4]
Not more than two nonresident employees shall
be employed on the premises at any one time.
[5]
Lot area and width of the subject site must
conform with minimum lot area and lot width standards for the district.
[6]
The day-care facility's floor area shall be
limited to a maximum of 30% of the principal structure's total floor
area, and the day-care facility's floor area shall be limited to floors
having direct egress to legal open space.
[7]
A ten-foot-wide vegetative buffer strip supplemented
by a six-foot-tall completely opaque fence shall be provided between
property lines and all designated play areas; no designated play area
shall be permitted between the front lot line and a plane extending
from side lot line to side lot line along the side of the house closest
to the front lot line.
(e)
Cemeteries, including extensions of existing
cemeteries.
(f)
Public utility installations, in accordance with § 575-24C(3).
(g)
Buildings exclusively used and occupied by community
volunteer ambulance corps for the purpose for which organized and
which corps is incorporated under the laws of the State of New York.
(2)
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Planning Commission in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
(a)
Two-family structures, subject to all conditions and criteria as in § 575-23B(1).
(b)
Three-family structures, subject to all conditions and criteria as in § 575-24B(2).
C.
Accessory uses are limited to the following: the same
as permitted and regulated in the R-1 Residence District.
D.
Lot area and building requirements.
(1)
Lot area and depth. The land area provided for each
dwelling unit on the lot shall not be less than 4,000 square feet
on a development parcel of more than five acres and shall not be less
than 6,000 square feet on a development parcel of less than five acres,
except that the following areas are to be excluded from the gross
area of a development parcel of less than five acres before computing
the maximum number of dwelling units:
(2)
Yards. Except as otherwise permitted or required,
the following yards shall be provided on each lot:
(a)
Front yard. There shall be a front yard with
a minimum depth of 25 feet, except that where the planes of all walls
of a building facing the street intersect the street line at a minimum
angle of 25° or more, such building may project to within 20 feet
of said line.
(b)
Side yard. There shall be a side yard with a
minimum width equal to 1/2 of the height of the wall or walls of any
building which faces the side lot line, but in no case less than 12
feet.
(c)
Rear yard. There shall be a rear yard with a
minimum depth of 30 feet.
(3)
Height. Except as provided in Subsection B hereof, no building shall be erected to a height in excess of 45 feet, nor shall the number of stories at any point along the periphery of any building other than a one-family dwelling exceed 3 1/2. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.
[Amended 7-14-1986; 4-8-1991; 9-26-1995]
A.
Permitted uses. No building or premises shall be used,
and no building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following:
(1)
Any principal permitted use in the R-4 District, in accordance with the requirements of § 575-25A of said district.
[Amended 10-22-2018 by L.L. No. 8-2018]
(2)
Any
structure existing as a legal two-family or three-family dwelling
as of the date of the adoption of the 1977 Zoning Ordinance may continue
its use as such.
[Added 11-12-2019 by L.L. No. 7-2019]
B.
Uses subject to the issuance of a special permit.
[Amended 7-29-1996; 7-11-2005 by L.L. No. 15-2005; 1-9-2006 by L.L. No. 1-2006; 5-29-2012]
(1)
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of § 575-57 herein and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 10-17-2016 by L.L. No. 7-2016]
(a)
Housing, congregate care, assisted living residences and nursing
home facilities for senior citizens:
[1]
The site shall be a minimum of two acres, except
in instances where a senior housing facility is proposed to be developed
on a lot or lots immediately adjacent to a site having an existing
senior housing facility or senior citizen congregate care and/or nursing
home facility for senior citizens. In such instances, the minimum
site shall be one acre or as determined by the Planning Commission.
[2]
Maximum permitted density shall not exceed 1.5 patient beds or one dwelling unit or a prorated combination of the above per 2,000 square feet of land area, subject to the bonus density credits set forth in Subsection B(1)(a)[8] herein. A superintendent's unit limited to single-person occupancy shall not be counted towards the maximum permitted density.
[3]
Building coverage shall not exceed 25%, and
impervious coverage shall not exceed 50%.
[4]
Subject to the provisions of § 300-27B(1)(a)[9]
herein, building setbacks from all property lines for all structures
shall be a minimum of 50 feet; however, where a senior housing facility
is proposed to be developed on a lot or lots immediately adjacent
to a site having an existing senior housing facility or senior citizen
congregate care and/or nursing home facility for senior citizens the
setback requirement for the shared boundary line shall only require
that the principal buildings on the adjacent lots be a distance of
at least 50 feet from each other, and all setback requirements shall
be determined by the Planning Commission, which shall be authorized
to grant a waiver for such setback requirements.
[5]
One parking space shall be provided for each
person employed on the maximum shift, including staff doctors, if
any, plus one parking space per four nursing home or assisted-living
patient-resident beds, plus one parking space per senior housing dwelling
unit. The Common Council may waive a portion of the parking requirement
if, in its sole authority, the Common Council determines, based upon
a showing by the applicant, that such a waiver is warranted due to
variation in the probable time of maximum use by employees, residents
and their guests, the provision of shuttle buses or other site-based
transportation or such other evidence as is provided by the applicant
to the satisfaction of the Common Council.
[6]
One loading space shall be provided for the
first 100 nursing home or assisted-living-unit patient-resident beds,
per 50 unassisted senior housing dwelling units or prorated portions
thereof, and one additional loading space shall be provided for each
additional 100 nursing home or assisted-living patient-resident beds,
per 50 unassisted senior housing dwelling units, prorated portion
thereof or major portion thereof.
[7]
Subject to the provisions of § 300-26B(1)(a)[9]
herein, a vegetative buffer at least 20 feet wide shall be provided
along all side and rear lot lines.
[8]
Bonus density. The Common Council may authorize
an increase in unit density subject to the limitations detailed in
Subsection B(1)(a)[8][a] through [e] hereof.
[a]
Design. The preservation of buildings
of local or national historic significance and projects which include
noted building style, building materials and the creation of on-site
amenities may receive an increase of density of up to four units per
acre.
[b]
Location. Location of the development
within 1/2 mile of barrier-free sidewalks to a local shopping district
may receive an increase of density of up to two units per acre.
[c]
Landscaping. The provision of exceptional
landscape features, including plantings, benches and walkways, may
receive an increase of density of up to four units per acre.
[d]
Ancillary facilities. For purposes
of this subsection, "ancillary facilities" shall be defined as additional
services, such as a beauty salon, chapel, exercise facility, laundry
and gift/sundry shop, provided that such ancillary uses shall be solely
for the use of residents, employees and invited guests, and further
provided that there shall be no exterior announcement, signage or
other evidence of such facilities. Developments incorporating ancillary
facilities may receive an increase of density of up to four units
per acre.
[e]
Senior living campuses. A senior
housing facility proposed to be developed on a lot or lots adjacent
to a site having an existing senior housing facility or senior citizen
congregate care and/or nursing home facility for senior citizens may
receive an increase of density of up to six units where the proposed
senior housing facility and existing senior housing facility or senior
citizen congregate care and/or nursing home facility for senior citizens
share open space, common ways, parking, and services for seniors and
provide for transitional levels of senior citizen housing in such
a manner as to constitute a campus for senior citizen living as determined
by the Planning Commission.
[9]
The Planning Commission shall be authorized
to grant waivers from the setback, vegetative buffer, usable open
space and impervious surface requirements set forth in this § 300-27.
(b)
Houses of worship, subject to the following standards in addition to those identified in §§ 575-56 and 575-57 of this chapter:
[1]
Minimum dimensional standards for a house of
worship shall be as follows: one acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 50% maximum impervious
coverage; maximum building height of 30 feet; fifty-foot setback from
all property lines for all playgrounds, ball fields, tracks and similar
active recreation areas; and a fifteen-foot-wide vegetative buffer
shall be provided along all lot lines adjoining a residential district,
to the satisfaction of the Planning Commission.
[2]
One parking space per four seats.
[3]
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
[4]
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
[5]
Any facility with maximum capacity of 150 persons
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
[6]
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(c)
Nursery school, kindergarten school and/or standard
elementary school, junior high school or high school, subject to compliance
with the following standards:
[1]
Minimum dimensional standards for a school shall
be as follows: five-acre minimum lot size; one-hundred-fifty-foot
minimum lot width; 20% maximum building coverage; 50% maximum impervious
coverage; maximum building height of 30 feet; fifty-foot setback from
all property lines for all playgrounds, ball fields, tracks and similar
active recreation areas; and a fifteen-foot-wide vegetative buffer
shall be provided along all lot lines adjoining a residential district,
to the satisfaction of the Planning Commission.
[2]
Parking shall be provided as required below,
except that the Planning Commission may waive a portion of the parking
requirement if, in its sole authority, the Planning Commission determines,
based upon a showing by the applicant, that such a waiver is warranted
due to variation in the probable time of maximum use by employees,
students and visitors or such other evidence as is provided by the
applicant to the satisfaction of the Planning Commission:
[a]
One parking space shall be provided
per staff member on the maximum shift plus one parking space per 15
student seats in a nursery, kindergarten, elementary, middle or junior
high school class.
[b]
One parking space shall be provided
per staff member on the maximum shift plus one parking space per four
high school classroom seats.
[3]
Parking area to be buffered from all side and
rear lot lines by a planted area a minimum of 10 feet in width; no
parking is permitted in a required front yard.
[4]
Building setbacks for all structures shall be
a minimum of 50 feet from all front lot lines, 15 feet from all side
lot lines and 30 feet from all rear lot lines, or 1/2 of the building
height from each lot line, whichever is greater.
[5]
Any school with maximum capacity of 150 students
or more shall prepare a traffic impact analysis, which analysis shall
include proposals for any necessary mitigation measures to be undertaken
by the applicant, to the satisfaction of the Planning Commission.
[6]
Maximum site-generated light shall not exceed
0.5 footcandle at the property line, and the source of all exterior
lighting shall not be visible beyond the property line.
(d)
Family day-care homes and group family day-care
homes as an accessory use to a permitted principal residential use,
subject to the following additional standards and requirements:
[1]
Maximum of six children.
[2]
One or more of the residents of the principal
residential use shall maintain a majority ownership share in the day-care
business.
[3]
One resident of the principal residential use
shall be the operator or an employee of the day-care business with
day-to-day responsibilities over said operation.
[4]
Not more than two nonresident employees shall
be employed on the premises at any one time.
[5]
Lot area and width of the subject site must
conform with minimum lot area and lot width standards for the district.
[6]
The day-care facility's floor area shall be
limited to a maximum of 30% of the principal structure's total floor
area, and the day-care facility's floor area shall be limited to floors
having direct egress to legal open space.
[7]
A ten-foot-wide vegetative buffer strip supplemented
by a six-foot-tall completely opaque fence shall be provided between
property lines and all designated play areas; no designated play area
shall be permitted between the front lot line and a plane extending
from side lot line to side lot line along the side of the house closest
to the front lot line.
(e)
Cemeteries, including extensions of existing
cemeteries.
(f)
Public utility installations, in accordance with § 575-24C(3).
(g)
Buildings exclusively used and occupied by community
volunteer ambulance corps for the purpose for which organized and
which corps is incorporated under the laws of the State of New York.
(h)
Bonus density: affordable townhouse developments.
[1]
Purpose and intent.
[a]
It is the purpose of this special
permit to provide the opportunity and encouragement for the creation
of a development cluster containing a mix of market-rate and affordable
housing that is proximate to, and supportive of, neighboring commercial
areas. The purpose of this subsection is to provide standards for
regulation of affordable housing units in the R-6 District, including
density computations and development standards.
[b]
An increase in residential density
of up to eight units per acre may be authorized by special permit
of the Common Council upon a finding by the Common Council that the
project will offer at least half of the proposed additional units
as affordable housing units, as determined by the United States Department
of Housing and Urban Development standards for Westchester County.
[c]
The Common Council may authorize
the addition of one unit in all instances where computations yield
fractional units, so long as the additional unit is offered as affordable.
[2]
Standards for approval. All dwelling units approved
under these provisions shall be located within 250 feet of public
housing units administered by the City of Peekskill Housing Authority
and within 250 feet of lands zoned as part of the City's Central Commercial
District.
[3]
Distribution of units.
[a]
All affordable units shall be physically
integrated into the design of the development.
[b]
The units shall consist of one-,
two- and three-bedroom units in a proportion approved by the Common
Council as appropriately related to the housing needs, current or
projected, of the City of Peekskill and the surrounding region.
[4]
Design review.
[a]
All developments containing units
deemed affordable under these provisions shall require approval of
a site plan by the City of Peekskill Planning Commission.
[b]
In considering the site plan for
developments containing affordable units, the Planning Commission
must find that the proposed development does not detract from the
views of surrounding residential development and is compatible with
surrounding development. Appropriate consideration must be given to
proximity of proposed development to the City's historically designated
downtown areas.
[5]
Development standards. All townhouse projects
subject to these bonus provisions shall comply with the following
requirements. Attached single-family townhouses to be constructed
in accordance with the bonus provisions, and including affordable
units:
[a]
There shall be a minimum parcel
size of 25,000 square feet.
[b]
The maximum number of townhouses
per acre shall be 16.
[c]
No townhouse shall contain an aggregate
floor area of greater than 1,800 square feet.
[d]
All market-rate units shall contain
either one or two bedrooms. All affordable units shall contain a number
of bedrooms as determined by the Common Council as part of the review
of the special permit. The proportion of units in the development
(by number of bedrooms) shall be determined by the Common Council
as part of the review of the special permit.
[e]
The following minimum yard setbacks
are required. No minimum setback of 10 feet shall be required between
groups of townhouses and the nearest property line. A minimum side
yard of 20 feet shall be required between groups of townhouses.
[f]
A maximum contiguous building wall
of up to 200 feet along the frontage of a street is permitted.
[g]
Maximum lot coverage by all principal
structures is limited to 65%.
[i]
Appropriate visitor parking shall
be provided, as determined by the City Planning Commission.
[j]
For each dwelling unit, there shall
be provided 200 square feet of suitably improved and usable recreation
area and/or open space. Usable recreation area and open space may
be provided in the following ways, including:
[k]
All remaining requirements of the
Low-Density Multiple-Residence R-4 District not expressly changed
above would continue to apply to all townhouse developments proposed
under these bonus provisions.
(2)
The following uses are permitted subject to the issuance of a special permit by the Director of Planning upon authorization by the Planning Commission in accordance with the provisions of § 575-57 and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
[Amended 5-29-2012]
(a)
Two-family structures, subject to all conditions and criteria as in § 575-23B(1).
(b)
Three-family structures, subject to all conditions and criteria as in § 575-24B(2).
C.
Accessory uses are limited to the following:
(1)
The same as permitted and regulated in the R-1 Residence
District.
(2)
Swimming pool accessory to multiple residence for
use of occupants thereof.
(3)
Restaurant or professional office accessory to a multiple
residence, except that in no case shall more than two floors or parts
thereof of a multiple residence be used for either or both restaurants
or professional offices. In addition, the following shall apply:
(a)
No restaurant shall have less than 1,000 square
feet of patron service area.
(b)
No drive-in, curb-service or window-service
restaurant shall be permitted.
(c)
Restaurants or offices shall be accessible by
other than the public hall leading to the residential portion of the
building.
(d)
The total floor area occupied by uses other
than dwelling units shall not exceed 1/3 of the total floor area of
each structure.
D.
Lot area and building requirements.
(1)
Lot area and depth. The land area provided for each
dwelling unit on the lot shall not be less than 2,000 square feet.
No lot shall have an average depth of less than 100 feet. There shall
be a minimum development parcel of 20,000 square feet.
(2)
Yards. Except as otherwise permitted or required,
the following yards shall be provided on each lot:
(a)
Front yard. There shall be a front yard with
a minimum depth of 25 feet or 1/3 the height of any wall of any building
fronting thereon, whichever is the greater number.
(b)
Side yard. No building up to 36 feet in height
shall be erected nearer to any side lot line than a distance equal
to 1/2 the height of the wall or walls of such building which face(s)
the side lot line, but in no case nearer than 12 feet to such lot
line. No building with a height in excess of 36 feet shall be erected
nearer to any side lot line than a distance of 25 feet plus 1/4 the
height of the wall or walls which face(s) such a line.
(c)
Rear yard. There shall be a rear yard with a
minimum depth of 30 feet or 1/3 the height of the structure, whichever
is greater.
(3)
Height. Except as provided in Subsection B hereof, no building shall be erected to a height in excess of 100 feet, nor shall the number of stories at any point along the periphery of any building exceed 10. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this subsection, provided they occupy not more than 20% of the area of the roof of the building of which they are a part.
E.
Usable open space. For every dwelling unit erected
on any lot or for each four persons occupying an agency community
residence or a boarding-, lodging or rooming house, there shall be
provided at least 400 square feet of usable open space.
F.
Maximum coverage and floor area ratio. The sum of
all areas covered by all principal and accessory buildings shall not
exceed 25% of the area of the lot, except that where the Zoning Board
of Appeals finds that the provision of the required off-street parking
space underneath the principal building or in such a way as to enable
the roof thereof to be used as part of the grounds would be impractical,
such Board may authorize accessory garages to cover an additional
5% of the area of the lot. Further, if 80% of the dwellings are to
be housed in four stories or less, coverage may be increased by 10%.
In addition, no building shall be erected or enlarged in which the
aggregate floor area shall exceed 1.5 times the area of the lot on
which the building stands.
G.
Length of buildings. No building shall exceed a length
of 200 feet.
H.
Off-street parking and loading.
(1)
Except as provided hereinafter, all uses other than
dwellings for four or more families shall provide space for the parking
of passenger automobiles in accordance with the requirements of the
Two- or Three-Family Residence R-3 District. For dwellings for four
or more families, there shall be provided paved off-street parking
space or garage space, or both, sufficient in area for not less than
1 1/2 spaces for each dwelling unit with one bedroom or less
and 1 3/4 spaces for each dwelling unit with two bedrooms and
two spaces for each dwelling unit with three or more bedrooms. In
addition, all plans for multiple dwellings shall show additional parking
areas for guest parking at a minimum of 1/2 space for each unit. All
required open parking spaces shall be individually identified by means
of pavement markings. Wherever space is provided for the parking of
four or more vehicles in the open, such spaces shall be screened by
a substantial solid wall or fence or thick hedge six feet in height
above the average finished grade of the parking area. No parking space
shall be located in any front yard or within three feet of any lot
line in side or rear yards. The parking of motor vehicles within 15
feet of any wall or portion thereof of a four-or-more-family dwelling,
which wall contains legal windows (other than legal bathroom or kitchen
windows) with a wall height of less than eight feet above the level
of said parking space, is prohibited.
(2)
Restaurants shall provide one space for each 100 square
feet of floor area devoted to patron use.
[Amended 1-25-1982; 7-14-1986; 6-25-1990 by L.L. No. 3-1990; 4-8-1991; 9-26-1995]
A.
Purpose. This district is created to encourage and
promote planned residential development where appropriate in location,
character and timing based on the Land Use Plan and Housing Plan.
The creation of this district is a desirable objective due to the
limited land resources within the City suitable for further residential
development and a pressing regional need for additional housing to
support economic development. The provision of this district is designed
to achieve the following objectives:
B.
Permitted uses. No building or premises shall be used,
and no building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose
except the following:
C.
Lot area and building requirements for permitted uses.
(1)
Lot area, width and depth. The lot area shall not
be less than 7,500 square feet and the lot width not less than 75
feet. All lots shall have a minimum depth of 100 feet, except that
such depth of the lot may be decreased to 90 feet if the average depth
of the lot equals at least 100 feet.
(2)
Yards. Except as otherwise permitted or required,
the following yards shall be provided on each lot:
(a)
Front yard. There shall be a front yard along
each street line with a depth of not less than 25 feet, except that
where the planes of all walls of a building facing the street intersect
the street line at a minimum angle of 25° or more, such building
may project to within 20 feet of said line.
(b)
Side yard. There shall be a side yard along
each lot line with a width of not less than 10 feet, except that in
the case of a dwelling erected without a garage, one side yard shall
be not less than 22 feet wide. In the case of corner lots (all of
which are deemed to have two front yards, two side yards and no rear
yard), one side yard shall be not less than 30 feet wide and the other
not less than 10 feet wide, except that in the case of a dwelling
erected without a garage, the lesser side yard shall be not less than
22 feet wide. Where the planes of all walls of a building facing a
side lot line intersect such line at a minimum angle of 25° or
more, such building may project within eight feet of said lot line.
(c)
Rear yard. There shall be a rear yard having
a depth of not less than 50 feet.
D.
Accessory uses are limited to the following: the same
as permitted in the R-1A District.
E.
Uses subject to the issuance of a special permit.
[Amended 5-29-2012; 9-12-2016 by L.L. No. 6-2016; 4-23-2018 by L.L. No. 2-2018]
(1)
An applicant may increase the density of development for the following permitted residential uses, subject to the issuance of a special permit by the Director of Planning upon authorization by the Common Council in accordance with the provisions of this section and Article XI herein and subsequent approval by the Planning Commission of a site plan in accordance with the provisions of § 575-56 herein:
(a)
Dwelling units of all types: single-family detached, semidetached,
attached, either in clustered or conventional layouts, and garden
and mid-rise apartments.
(2)
The following nonresidential uses may be attendant to a planned residential
development pursuant to this section:
(a)
Professional office uses where such uses are scaled primarily
to serve the residents of the district.
(b)
Public and quasi-public, institutional and recreational uses,
including passive and active recreation and conservation areas.
(c)
Adaptive reuse of existing historic structures by a use and
in a manner approved by the Common Council.
(d)
Amenities intended for use by residents of a proposed development
and/or residents of surrounding areas.
(3)
General requirements. The following criteria shall be considered
basic requirements for the issuance of a special permit to allow planned
residential development. Failure of an applicant to supply adequate
evidence that these criteria are met shall constitute adequate grounds
for denial of the special permit.
(a)
The applicant must submit a traffic analysis which indicates
that the proposed development will generate peak hour traffic flows
which can be handled by the existing street system and/or proposed
improvements to the street system at satisfactory levels of service.
(b)
Minor streets outside the planned residential development shall
not be used for site access, except where necessary to provide primary
means of vehicular access to the Planned Residential Development District,
and where street and/or sidewalk improvements are planned that accommodate
the proposed level of use, consistent with the health, safety and
welfare of the occupants within the Planned Residential Development
District.
(c)
The applicant must submit an engineer's report which certifies
that existing systems, together with improvements to be constructed
in conjunction with the development, will have sufficient capacity
to provide the following:
[1]
Water fire flows sufficient to meet fire and safety standards
for the scale and type of development proposed.
[2]
Sanitary sewer service connected to the existing City system
which complies with City and county regulations.
[3]
A drainage system which will not adversely impact existing development
within the same drainage basin.
[4]
The ability for emergency responders to access the site.
(d)
The City school district must have sufficient capacity to absorb
the projected population of the proposed development.
(4)
Residential density and standards.
(a)
Parcel density shall not exceed nine dwelling units per net
parcel acreage.
(b)
For purposes for computing net parcel acreage, the following
areas are to be excluded from the gross area of the development:
[1]
Twenty percent as an allowance for rights-of-way, or where more
than 50% of the proposed site will be considered conservation or dedication
to the City, the actual area devoted to rights-of-way and accessways.
[2]
Bodies of water, including streams, ponds and swamps.
[3]
Rock outcroppings of more than 200 square feet.
[4]
Areas with more than a twenty-five-percent slope.
[5]
All areas within the required setbacks from the district boundaries.
(c)
For purposes of computing maximum parcel density, the net parcel
area shall be divided by 4,840 square feet.
(d)
Landscaped open spaces, or open areas left substantially in
their natural state, shall be provided at a ratio of not less than
1,000 square feet of usable open space for every dwelling unit. The
Planning Commission may require that as much as 15% of the total gross
acreage of such open space be provided in the form of equipped recreation
areas.
(5)
Bonus density.
(a)
Subject to the limitations detailed in Subsection E(5)(b) and (c) below, unit densities may be increased where an offer to dedicate a portion of land deemed acceptable to the Common Council for municipal purposes is made. The Common Council reserves the right not to accept all or a portion of such proposed dedications.
(b)
Lands suitable for dedication. The land to be dedicated must
have direct access to a usable public right-of-way, or a means of
motorized vehicular access acceptable to the Common Council. Additionally,
such lands must have one or more of the following attributes:
[1]
The capacity to be developed for recreational uses.
[2]
The capacity, through their dedication, to preserve the topography
of a scenic landscape.
[3]
Local or national historic significance.
[4]
The capacity to be used by the City for the development of affordable
housing.
[5]
The capacity to be utilized for the development of municipal
facilities.
(c)
Density increases. Pursuant to the Common Council's acceptance
of lands for dedication to the City, unit densities may be increased
by an amount not to exceed one unit per gross parcel acreage, which
is to include the land that has been dedicated.
(6)
Office use and standards. A professional office or studio may be
permitted in a ratio of not more than one for each 50 dwelling units
or major fraction thereof and shall be located only on the street
floor of any building and on the floor immediately above the street
floor only if there is access to such office or studio from other
than a public hall.
(7)
Off-street parking requirements.
(a)
Spaces for the parking of passenger automobiles shall be minimally
provided as follows:
|
Use
|
Number of Spaces
|
|---|---|
|
Dwelling unit
|
1 1/2 + guest parking as determined by the Planning Commission
|
|
Professional office use
|
1 for each 200 square feet of gross floor area
|
|
Restaurant
|
1 for each 100 square feet of patron use area
|
|
Inn (hotel)
|
1 per room, plus 2 for the live-in manager-caretaker (if any),
plus 1 per employee on the maximum shift, plus 1 per 300 square feet
of gross retail or service floor area, plus 1 per 100 square feet
of restaurant patron area, plus the number of parking spaces determined
by the Planning Commission to be appropriate for any use not specifically
identified above; the Planning Commission may waive a portion of the
parking requirement if, in its sole authority, the Commission determines,
based upon a showing by the applicant, that such a waiver is warranted
due to variation in the probable times of maximum use by employees
and guests or such other evidence as is provided by the applicant
to the satisfaction of the Planning Commission.
|
(b)
Parking requirements for uses not listed shall be determined
by the Planning Commission as appropriate to prevent frequent parking
on the street by persons visiting or connected with each such use.
(c)
One off-street loading space shall be provided for each 20,000
square feet or major fraction thereof of nonresidential space in buildings,
exclusive of bulk storage and utility areas.
(8)
Common property. Common property in a planned residential development is a parcel or parcels of land, together with all improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites or dwelling units. Where open space exists, the ownership of such property can be either public or private. Where such property is not dedicated to the City of Peekskill or other public agency, the owner shall provide for and establish an organization for the continued ownership and maintenance thereof, consistent with applicable state laws and in accordance with § 575-29I herein.
(9)
Site and structure requirements.
(a)
Natural features, such as streams, rock outcroppings, topsoil,
trees and shrubs, shall be preserved and incorporated in the landscaping
of the development.
(b)
The proposed development must meet the following performance
standards for buffer yards along district boundaries:
[1]
All structures within the district shall comply with the setback
requirements in the following table:
|
Dwelling Type
|
Setback From District Boundary
(feet)
|
|---|---|
|
Single-family detached
|
50
|
|
Single-family semidetached
|
100
|
|
Attached
|
150
|
|
Garden apartment
|
250
|
|
Mid-rise apartments (4 to 7 stories)
|
400
|
[2]
Changes to setback requirements shall be made only on a finding
that sufficient screening is provided and that sufficient topographic
separation exists between proposed and adjacent uses. Changes to setback
requirements may also be considered for developments that utilize
previously disturbed or developed lands, or to provide proximity to
adjacent development, or existing infrastructure. In no event shall
the setback be less than 50 feet from the district boundary for any
dwelling type.
(c)
The standards set forth in the table below shall be used as
design densities for various housing types:
|
Dwelling Type
|
Net Density*
(units/acre)
|
|---|---|
|
Single-family detached
|
5
|
|
Semidetached
|
6
|
|
Attached
|
7
|
|
Garden apartments
|
10
|
|
Mid-rise apartments
|
25
|
|
*NOTE: Net density shall be calculated based on delineation of various residential use areas and shall not include areas excluded from gross acreage as defined in Subsection E(4).
|
(d)
All electrical, telephone, cable television and similar equipment
shall be installed underground in accordance with the New York State
Public Service Commission regulations.
(e)
Lot sizes and dimensions and structure height and locations
thereon may be freely disposed and arranged in conformity with the
overall density standards set forth herein. In reviewing any site
plan application for a planned residential development, the Planning
Commission shall be guided by standards set forth elsewhere in this
chapter and the Land Use Plan for comparable uses. The height of buildings
in relation to proposed grades must allow for Fire Department and
emergency access.
(f)
The right-of-way and pavement widths for internal roads serving
multifamily dwellings shall be sufficient in size, location and design
to accommodate the maximum traffic, parking and loading needs and
access by fire-fighting equipment and police or emergency vehicles.
The pavement of said roads shall be not less than 24 feet wide. All
streets to be dedicated shall be subject to all other applicable City
ordinances and standards.
(g)
The developer shall provide all necessary on-site water and
sewer facilities, storm drainage, paved service streets, curbing,
sidewalks, parking and loading facilities, lighting, fire alarm and
other necessary support systems, which shall be connected to public
utility systems at the nearest feasible point, and other necessary
facilities, making reasonable provision for utility service or connections
with adjoining properties in other ownerships. Such proposed improvements
shall be subject to revision and approval by the appropriate authorities.
The City shall not be obligated to extend existing systems to accommodate
the developer.
(h)
Energy conservation shall be encouraged through the use of southern
slopes, where feasible, for passive solar access.
(i)
Any nonresidential or recreational uses within the planned residential
development must be located so as to be compatible with nearby residential
uses. Such uses, including parking and loading areas, must be adequately
screened and buffered where adjacent to residential development.
(10)
Application procedure and approval process for a preliminary
site plan and a special permit application. Since the application
for the special permit and the preliminary site plan are closely related,
the review and approval process shall run simultaneously.
(a)
The applicant shall submit a preliminary site plan map at a
minimum scale of one inch equals 30 feet to the Director of Planning,
Development and Code Enforcement. The preliminary site plan, which
shall be accompanied by a special permit application, shall clearly
show the following:
[1]
The disposition of various land uses and the area covered by
each, in acres.
[2]
The general outline of the interior road system and all existing
and proposed rights-of-way and easements, whether public or private.
[3]
Calculation and delineation of areas covered by bodies of water, steep slopes and rock outcropping as defined in § 575-29C(2).
[4]
Delineation of the various residential areas, indicating the
number of dwelling units by each housing type: single-family detached
and semidetached, attached dwellings, garden apartments and mid-rise
apartments, plus a calculation of the parcel density in dwelling units
per net parcel acreage.
[5]
The interior common open space system and a statement as to
how it is to be preserved as such throughout the life of any portion
of the planned residential development and how it is to be owned and
maintained.
(b)
The Director of Planning, Development and Code Enforcement shall
review the preliminary site plan and all related documents and within
30 days of its submission shall certify as to whether the application
is complete and whether the proposal meets all the general requirements
herein. If the application is not complete or does not meet these
general requirements, it shall be returned to the applicant with deficiencies
noted.
(c)
Following certification as outlined in Subsection E(10)(b) above, the Director of Planning, Development and Code Enforcement shall forward the application to the Common Council. The Common Council shall refer the application to the Planning Commission for a recommendation on the special permit and review of the preliminary plan.
[1]
The Planning Commission shall render either a favorable or an
unfavorable report within 45 days of receipt from the Common Council.
If no report has been rendered after 45 days, the applicant may proceed
as if a favorable report were given to the Common Council. A favorable
report shall include a recommendation to the Common Council that a
public hearing to be held for the purpose of considering the desirability
of issuing a special permit. The report shall be based on the following
findings, which shall be included as part thereof:
[a]
That the proposal conforms to the Comprehensive
Plan, as amended, duly adopted by the Peekskill Planning Commission.
[c]
That the proposal is conceptually sound in that
it meets community needs in the layout of the proposed functional
roadway system, in its land use configuration, open space and drainage
systems and in the scale of the elements, both absolute and as they
relate to one another.
[2]
An unfavorable report shall state clearly the reasons therefor
and, if appropriate, point out to the applicant what might be necessary
in order to receive the Planning Commission's statement support for
the project. If the preliminary site plan and, where appropriate,
a plat has not been approved, the Planning Commission's statement
shall contain the reasons for such findings. In such a case, the Planning
Commission may recommend resubmission to it after revision or redesign.
(11)
Application for final site plan and, where appropriate, plat
approval.
(a)
After receiving preliminary review from the Planning Commission on a preliminary site plan and following authorization of a special permit by the Common Council to use the subject property as a planned residential development, the applicant shall prepare a final detailed site plan and, where appropriate, a plat, and submit it to the Planning Commission for final approval in accordance with the procedure outlined in § 575-56 herein or the Land Subdivision Regulations.[1]
(b)
Waiver. The Planning Commission may waive or vary the requirements set out in Subsection E(7) through (9) upon a finding that the modification, as applied to a specific application, would further public purposes to an equivalent or greater degree and would accord with the general provisions of the Land Use Plan, this chapter and the Land Subdivision Regulations where applicable. A public hearing shall be held by the Planning Commission before effecting a modification or waiver in accordance with this subsection. A notice of said hearing shall be published in the official newspaper at least five days prior to the hearing.
(12)
Amendments to approved final site plan. In addition to the amendment procedures specified in § 575-56 herein, the applicant must obtain a new special permit as specified in this section for any modification, rearrangement or enlargement of the uses that would change the distribution of land uses or density of development as per approved final site plan.
(13)
Unless substantial construction is commenced and diligently
pursued within one year of the date of the Common Council's authorization
of a special permit under this section, such special permit shall
become null and void.
(14)
A special permit authorized under this section shall be personal
to the applicant thereof and shall be specifically conditioned upon
the site plan upon which the special permit was authorized, together
with any and all other conditions the Common Council may impose.
[Added 1-25-1982]
A.
Purpose. The purpose of cluster development is to
permit a procedure for development which will result in improved living
and working environments; which will promote more economic subdivision
layout; which will encourage a variety of types of residential dwellings;
which will encourage ingenuity and originality in total subdivision
and individual site design; and which can preserve open space to serve
recreational, scenic and public service purposes and other purposes
related thereto within the densities established for the cluster net
tract area.
B.
Authorization and eligibility. Authorization is granted
to the Planning Commission, pursuant to § 37 of the General
City Law, to apply clustering standards to plans of residential development.
C.
Computation of unit density. In any R-1, R-2 and R-3
District, the Planning Commission may authorize the subdivision of
tracts or parcels of land into lots for residential clustering use
in accordance with the density, use, height and parking requirements
of the particular district.
(1)
Application of these standards to R-3 Districts shall
preserve the maximum density allowable for R-2 Districts.
(2)
For purposes of computing net parcel acreage, the
following areas are to be excluded from the gross area of the development:
(a)
Twenty percent as an allowance for rights-of-way (determined
by calculating an average right-of-way consumption in sample R-1 and
R-2 areas; see Appendix I[1]), or where more than 50% of the proposed site will be
recorded as conservation land or dedicated to the City on parcels
of three or more acres, the actual area devoted to rights-of-way and
accessways is to be excluded from the gross area in computing net
parcel acreage.
[Amended 4-12-2021 by L.L. No. 2-2021]
[1]
Editor's Note: Appendix I is attached to the ordinance adopted
1-25-1982 and on file in the office of the City Clerk.
(b)
Bodies of water, including streams, ponds and
swamps.
(c)
Rock outcroppings of more than 200 square feet
each.
(d)
Areas with more than a twenty-percent slope, or on parcels of
three or more acres, areas with more than a twenty-five-percent slope.
[Amended 4-12-2021 by L.L. No. 2-2021]
(3)
For purposes of computing parcel density, the net
parcel acreage shall be divided by 7,500 square feet in an R-1 District
and by 6,000 square feet in an R-2 or R-3 District.
D.
Subdivision review. Where any development will result
in a division of land into two or more lots, plots, sites or parcels
in such a way as to create one or more new streets as defined in the
City of Peekskill Subdivision Regulations,[2] subdivision review and application of clustering standards
by the Planning Commission shall be coordinated through the Department
of Planning, Development and Code Enforcement.
E.
Application procedure and site plan elements. Application preparation, submission and review shall follow the procedure specified in § 575-56D of this chapter and shall consist of the site plan elements required in § 575-56E. The site plan shall further show:
(1)
The disposition of various land uses and the areas
covered by each, in acres.
(2)
Delineation of the various residential areas, indicating
the number of dwelling units by each housing type: single-family detached
and semidetached, attached quadraplex or townhouse dwellings, multistory
multiple dwellings, etc., plus a calculation of the density in dwelling
units per acres.
(3)
The common open space system and a statement as to
how it is to be preserved as such throughout the life of any portion
of the cluster development and how it is to be owned and maintained.
F.
General requirements; design objectives and criteria. In reviewing a cluster development, the Planning Commission shall give particular consideration to the objectives set forth in § 575-56C of this chapter and the following design objectives:
(1)
Individual lots, buildings, streets and parking areas
shall be designed and situated to minimize alteration of the natural
site features to be preserved.
(2)
The usability of cluster open space intended for recreation
or public use shall be determined by the size, shape, topographic
and location requirements of the particular purpose proposed for the
site.
(3)
Cluster open space shall include irreplaceable natural
features located in the tract (such as but not limited to stream beds,
significant stands of trees, individual trees of significant size
and rock outcroppings).
(4)
Cluster open space intended for a recreation or public
use shall be easily accessible to pedestrians, which accessibility
shall meet the needs of the handicapped and elderly.
(5)
Diversity and originality in lot layout and individual
building design shall be encouraged to achieve the best possible relationship
between development and the existing topography.
(6)
Individual lots, buildings, units and parking areas
shall be situated to avoid the adverse effects of shadows, noise and
traffic on the residents of the site. In evaluating the site plan,
the standards prescribed in Appendix II[3] shall be used as general guidelines.
[3]
Editor's Note: Appendix II is attached to
the ordinance adopted 1-25-1982 and on file in the office of the City
Clerk.
(7)
Areas with slopes greater than 15% shall be preserved
and not disturbed unless means to mitigate adverse environmental effects
are defined in an engineer's, architect's or landscape architect's
report and approved by the Planning Commission.
(8)
Energy conservation shall be encouraged through the
use of southern slopes, where feasible, for passive solar access.
G.
Utility placement. All electrical, telephone, cable
television and similar equipment shall be installed underground in
accordance with the New York Public Service Commission regulations,
unless waived by the Planning Commission.
H.
On-site improvements. The developer shall provide
all necessary on-site water and sewer facilities, including but not
limited to water storage tanks if necessary, storm drainage, highway
access, paved service streets, curbing, sidewalks, parking and loading
facilities, lighting, fire alarm and other necessary support systems,
which shall be connected to the City systems at the nearest feasible
point, and other necessary facilities, making reasonable provision
for utility service or connections with adjoining properties in other
ownerships. Such proposed improvements shall be subject to revision
and approval by the appropriate City authority. The City shall not
be obligated to extend existing systems to accommodate the developer.
I.
Common lands and facilities.
(1)
Where a clustering development approved pursuant to
this authorization results in the permanent preservation of open spaces
or the creation of other commonly used lands or facilities, their
location and use shall be approved by the Planning Commission, using
as a guide the Comprehensive Plan and the concept of creating a coordinated
system of open spaces with public right-of-way between them, as well
as the purposes set forth herein and in § 37 of the General
City Law.
(2)
In cluster developments having more than five acres,
the developer may offer at least 25% of the total area of all common
open space parcels containing an area greater than one acre each to
the City of Peekskill for dedication for public use. The Planning
Commission shall review such offer of dedication during preliminary
site plan review and recommend either acceptance or refusal of a part
or all of said parcels to the Common Council.
(3)
Common lands which are not dedicated in accordance with Subsection I(2) above and any private common facilities shall be owned and maintained by a property owners' association or its successor organization, subject to the following requirements:
(a)
The property owners' association shall be a
legal entity authorized by the laws of the State of New York. It shall
be created by a trust agreement or certificate of incorporation, approved
as to form and sufficiency by the Corporation Counsel and designed
to assure the permanent preservation and protection of the common
lands and any improvements thereon for their intended purposes. The
association shall be established prior to obtaining a building permit.
(b)
The property owners' association shall be responsible
for the continued future maintenance, ownership and use of all such
common lands and facilities.
(c)
The property owners' association shall be perpetual
and shall not dispose of any common land or any improvements thereon
or thereunder, by sale or otherwise, except to a successor organization.
(d)
The instrument establishing the association
shall provide notice that in the event it or any successor organization
shall at any time after approval of the development fail to maintain
the common land or any improvements thereon in accordance with the
approved plan, the City Manager may serve certified or personal notice
upon such legal entity or successor organization and upon the property
owners as recorded on the assessment rolls within the development,
setting forth the manner in which the association has failed to maintain
the common land or any improvements thereon, and said notice shall
include a demand that such deficiencies be corrected within 60 days.
The City Manager may, upon application and for good cause, extend
said period for additional sixty-day periods. If the deficiencies
are not so corrected, the City Manager, in order to preserve the taxable
values of the property within the development and to prevent the common
land and improvements thereon from becoming a public nuisance, may
direct that the City enter upon and take possession of said common
land and improvements and maintain the same until such time as the
Common Council shall determine that the property owners' association
is ready and able to maintain the common land and improvements in
proper condition. Said entry and maintenance shall not vest in the
public any rights to use the common land or improvements. The decision
of the City Manager with respect to the action described in this subsection
shall constitute a final administrative decision subject to review
in accordance with the provisions of Article 78 of the Civil Practice
Law and Rules. The cost to the City of any such maintenance shall
be assessed against the properties within the cluster development
affected, and in the event of the failure or refusal of any property
owner to pay any such charges when levied, the unpaid amount thereof
shall become a lien against the property and, together with interest,
allowed by state law from the due date thereof, shall be included
in the following annual tax levy of the City upon such property for
the following fiscal year, and the amount so levied shall be collected
in the same manner as other City taxes.
(e)
The property owners' association agreement shall
require that every property owner within the cluster development shall
automatically be and become a member of the association and shall
be subject to a charge for a proportionate share of expenses of the
association's activities, including but not limited to the maintenance
and operation of the common land and improvements thereon.
(4)
After final site plan approval and before obtaining a building permit, the developer of the cluster development shall file a performance guarantee in the form of cash, other liquid asset or a letter of credit satisfactory to the Corporation Counsel and City Comptroller to ensure the proper installation of all improvements on common property, as provided in § 575-56D(7) of this chapter.
[Amended 5-13-2002 by L.L. No. 1-2002]
