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Town of Yorktown, NY
Westchester County
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Table of Contents
Table of Contents
A. 
The intent of the mapping of a district of this nature is to:
(1) 
Provide suitable locations for selected establishments of highway-related functions, which are independent of primarily local use and proximity to other establishments. These are functions which require high mobility characteristics, i.e., prime accessibility conditions, ample off-street parking, desirable transient travel facilities and location within easy view of motorists on the major highway or parkway.
(2) 
Provide a suitable location for large, planned combination local and regional uses which require high local and regional accessibility and large tracts of land not usually available in the Central Business District. However, where the development of such uses would pervert or subvert the goals of the Town Development Plan, or would promote urban sprawl, it should be discouraged.
(3) 
Provide for the orderly development of the instant land in a proper use, while maintaining smooth and continuous traffic flow on the interchange and major roadways, without producing congestion on the local roads, thus protecting the proper functioning of the interchange and the local road net.
(4) 
Promote the uses and types of development suitable to enhance the economic value and visual aspect of the gateway areas of the community without detracting from the neighboring areas.
(5) 
To avoid cluttered, indiscriminate and mixed uses and to promote development which will visually be in harmony with and relate to the scale and function of the interchange.
(6) 
Provide ample buffering and separation of these intended interchange uses from the existing or zoned surrounding development (further defined in § 300-154A(6) and (7).)
B. 
It is not the intent of this district to provide for shopping centers, amusement parks, motion-picture theaters or any use of the magnitudes covered in the other listed commercial or business districts.
All uses permitted under this district shall conform to the following general regulations:
A. 
Site standards.
(1) 
Minimum lot size and frontage. The site for each planned interchange district use shall be not less than 10 acres in area. Such site shall have a minimum frontage of at least 100 feet on a roadway whereupon entrance may be obtained from the appropriate jurisdictional authority.
(2) 
When an applicant wishes to phase a condominium office project processed pursuant to these regulations, the subdivision of the interchange district site into lots smaller than 10 acres shall be permitted, provided that a plan of development for the total site has been conceptually approved by the Town Board prior to the processing of said subdivision, and provided that the development of the lots thus created shall not in any way substantially diverge from said approved plan of development. The road frontage of 100 feet shall not be required for lots created as above.
[Added 8-15-1989 by L.L. No. 18-1989]
(3) 
Site coverage and floor area ratio. All principal and accessory buildings and structures on such site shall not cover more than 15% of the site. Outdoor swimming pools, outdoor restaurants, cabana areas and outdoor recreation sites, etc., shall be included in the site coverage computation, but not in the floor area ratio computation. Floor area ratio shall not exceed 0.4. The coverage and floor ratios defined herein shall not apply to lots created pursuant to Subsection A(2) above.
[Amended 4-17-1984 by L.L. No. 4-1984; 8-15-1989 by L.L. No. 18-1989]
(4) 
Building height. No building or structure shall be more than three stories nor exceed 35 feet in height measured from the average level of the finished grade adjacent to the exterior walls of the building. Building height shall be measured to the level of the highest point of the roof if the roof is flat or to the mean level between the eaves and the highest point if the roof is of any other type. Chimneys and/or fire bulkheads may rise above this height as required by applicable regulations. For other exceptions to this height restriction, see Subsection A(5) below.
(5) 
Concealed electromechanical installations. There shall be no exposed electromechanical installations. Transformer banks shall be installed in belowground, ventilated vaults, to power company specifications, with all electrical and telephone lines underground to the various components of the site. All normally roof-mounted equipment shall be concealed in the roof structure. Additional heights of a structure may be allowed for this purpose, if necessary, in keeping with the proportions and architectural design of the total structure. Concealed equipment in this consideration includes, but is not limited to, ventilators, air conditioners, cooling towers, skylights, water tanks or master TV and/or radio antennas. The design of the concealment shall be completely integrated with the appearance of the structure. The floor area of installation covered under this section shall not be included in the computation for floor area ratio (it shall be listed separately), but such area shall be limited to 25% of the roof area of any individual structure.
(6) 
Building, structure and paved-area setbacks.
(a) 
No building or structure, except sign posts, directional signs, etc., shall be located closer than 100 feet to any property line.
(b) 
No paved area, except for entrances or exits, shall be located closer than 50 feet to any property line, nor within 10 feet of any building or structure, except for entrances or service platforms thereto.
(c) 
The setbacks defined above shall not apply to lots created pursuant to Subsection A(2) above, except where such lot adjoins a Town road or a property adjacent to the interchange district site.
[Added 8-15-1989 by L.L. No. 18-1989]
(7) 
Buffering for adjacent properties.
(a) 
All uses in this district shall only be permitted with ample on-site landscape buffering provided for adjacent properties. A landscape plan shall be submitted to the approving board before final approval is made. This plan shall show an arrangement and method of natural growth trees, shrubs and plantings, landscaped earth berms, etc., which shall afford all-season, initially disruptive and eventually major screening of the installation from any adjacent, residentially zoned properties.
(b) 
A requirement of the final approval of the site plan shall be the bonding of the buffer area landscaping and also that such landscaping shall be satisfactorily established before the construction of any above-grade structures are permitted to commence.
(c) 
The requirements of Subsections A(7)(a) and (b) above shall not apply to lots created pursuant to Subsection A(2) above, except where such lot adjoins a property adjacent to the interchange district site.
[Added 8-15-1989 by L.L. No. 18-1989]
(8) 
Application of and computation of site coverage and floor area ratio.
(a) 
Computation of the zoning-permitted 15% site coverage and the 0.4 floor area ratio shall be made based on the gross acreage of the total parcel under consideration.
[Amended 9-7-1999 by L.L. No. 17-1999]
(b) 
The prepared plan shall include the delineation of conservation easements and floodplain construction limitations as established by regulations, ordinance and/or resolutions of the Town Board at the time of the review of the plan.
(c) 
Areas delineated or designated as above shall not be considered for the construction of buildings, structures, parking facilities or outdoor recreational or restaurant facilities or any use not suitable for construction in the restrictive areas. If the construction, although in conformance with the computations for site coverage allowance, cannot be located and plotted without violating the above-mentioned restrictive areas and/or the required buffer areas, the proposed coverage shall be reduced until the integrity of the reserved and/or buffer areas shall be preserved.
B. 
Access and parking. Access and service roads from existing public streets and highways shall be properly related to those streets and highways so as to avoid unsafe conditions and traffic congestion and should be designed so as to provide for the storage of a minimum of 15 cars (or 300 feet) lined up at the intersection with the feeder road. Depending upon the existing and projected traffic conditions, the accesses shall be designed to include improvements to the existing streets at the point of access and for such distances as required by the controlling jurisdiction and the Town Board. These improvements may include, but are not limited to, widening, turning lanes, signs and traffic lights, all at the expense of the applicant. Parking for each use shall be provided as set forth in § 300-155.
C. 
Signs and exterior lighting.
(1) 
The signs permitted in the planned interchange district shall be shown on the site plan and supporting material, approved by the Town Board, and shall generally conform to the requirements set forth in Article XX of this chapter. However, the Town Board, in approving such site plan, may allow variances to the standards set forth in Article XX.
[Amended 5-18-1999 by L.L. No. 7-1999]
(2) 
Exterior lighting shall be appropriate for the illumination levels recommended for the various components of the use. Design of the luminants shall be appropriate to the architectural appearance and landscaping of the installation. Luminants shall be shielded to prevent annoyance and spill over to adjacent properties or to highway users.
The following are the permitted main uses in this district:
A. 
Motel and hotel use. Motels and hotels, as defined in this chapter, under the following conditions and standards:
[Amended 2-3-2011 by L.L. No. 1-2011]
(1) 
Use. If a site is to be used for a motel or hotel, use of the site and any buildings or structures on the site shall be limited to the usual motel and hotel activities, as defined in this chapter, and accessory uses incidental to the operation of a motel or hotel and uses of the same general character, such as the following, provided that all accessory uses shall be planned as an integral part of the motel or hotel, located on the same site with the motel or hotel and be of the same architectural treatment:
(a) 
A dwelling unit with or without kitchen facilities for the use of the manager or caretaker and his family.
(b) 
Restaurants, coffee shops and/or cafeterias providing food and drink and serving either guests exclusively and/or the general public.
(c) 
Amusement and sport facilities for the exclusive use of guests, including swimming pools, tennis or other game courts, children's playgrounds and game or recreation rooms.
(d) 
Automobile parking garages or carports for the exclusive use of guests and off-street parking spaces.
(e) 
Office and lobby, the provisions of which shall be mandatory for each motel and hotel.
(f) 
Dining room and/or meeting room facilities available for either the guests or the general public under contractual agreement.
(2) 
Occupancy. Occupancy for any guest shall be limited to not more than 30 days in any ninety-day period. In no case are motel or hotel units to be used as apartments for nontransient tenants.
(3) 
Site density. There shall be not more than one motel/hotel dormitory unit for each 2,500 square feet of site area, and in no case shall there be fewer than 100 units nor more than 200 units on each site. The total interior floor area of each motel or hotel dormitory unit, inclusive of bathrooms and closet space, shall be not less than 300 square feet.
(4) 
Parking requirements. Parking spaces for motel or hotel use shall be provided at the rate of 1.1 space for each motel/hotel dormitory unit. For a restaurant permitting nonresident guest use, an additional space per 50 square feet of total floor area plus 20 spaces per restaurant shall be provided. For a place of assembly, an additional space for each four seats of capacity, plus 10 parking spaces per place of assembly, shall be provided.
(5) 
Accessory uses to motel or hotel use. The following additional or similar uses may be allowed, provided that such uses are maintained as part of a planned motel or hotel complex: drugstore, gift shop, refreshment stand, florist shop or newsstand, and also provided that all are within an enclosed building physically a part of the main structure.
B. 
Laboratory-office and planned light industry.
(1) 
Laboratory office uses developed in accordance with the provisions of § 300-105, provided that the overall coverage on any site does not exceed 15% and that parking is provided as required by § 300-108B.
(2) 
Planned light industry uses as listed in § 300-94, provided that the overall density of development on the site does not exceed 15% and that parking is provided as required by § 300-99.
C. 
Regional center uses.
(1) 
Convention centers, including meeting rooms, conference rooms and similar-type uses, provided that parking is provided on the basis of the maximum number of employees and users at any one time. One space per four seats capacity, plus 10%, plus one space per two employees shall be provided.
(2) 
Health center (regional hospital) in accordance with the standards outlined in § 300-49, provided that the coverage of the total site shall not exceed 15%.
(3) 
Educational center, colleges and universities in accordance with § 300-55D of this chapter, provided that coverage does not exceed 15% of the total site.
D. 
Greenbelt uses.
(1) 
Nurseries and greenhouses in accordance with the standards of § 300-45.
(2) 
Public open space and recreation facilities, including buffering areas.
(3) 
Private open space and recreational facilities, provided that they will not impinge on adjacent residential areas.
(4) 
Single-family residential uses, provided that the standards of the R1-40 District are adhered to, and also provided that such uses are required to buffer existing residential uses from the proposed development.
No building permit or certificate of occupancy for any building designed for any allowed use within an interchange district shall be issued, except in accordance with a plan of development or amendment thereof approved by the Town Board after recommendation by the Planning Board.
[Amended 1-6-1998 by L.L. No. 3-1998]
The Town Board shall take action within 62 days of the submission to it of such plan of development. The site plan shall be considered officially submitted only when all required surveys, plans and data described in the above sections have been submitted. Prior to final action at a public hearing, the Board shall refer the plan for review to:
A. 
The Planning Board in conjunction with advice from the ABACA and the Conservation Council.
B. 
County Health Department.
C. 
New York State Department of Transportation.
D. 
East Hudson Parkway Authority.
E. 
Westchester County Department of Planning.
In the event that any provisions of this article shall be inconsistent or in conflict with the other provisions of this chapter, then the provisions of this article shall prevail and be complied with.