This article applies to all Buildings and Lots located or proposed within the Village, except as otherwise provided in § 345-901 with respect to Nonconforming Uses, Nonconforming Structures, Nonconforming Lots, Nonconforming Signs, Nonconforming Security Grills, and Nonconforming Improvements.
A.
Plan Required. No Building shall be constructed, reconstructed, Altered, modified, raised, moved, extended, reduced, or enlarged, and no Lot or other land shall be Developed, redeveloped, Improved, subdivided, or resubdivided, and none of the same shall be used, except in compliance with this Article 4, the Zoning Map, and any applicable Development Parcel Plan, and pursuant to a Building and Lot Plan that has been prepared, submitted, reviewed and certified in accordance with this chapter and all standards and requirements applicable thereto.
A.
Each Building and Lot Plan required under this chapter shall be prepared and submitted by or on behalf of the Owner of the applicable property.
B.
Each Building and Lot Plan must be signed by the Owner or by its duly authorized agent. If signed by an agent, a written irrevocable durable power of attorney appointing such agent and authorizing such agent to act on behalf of the Owner shall accompany the Building and Lot Plan.
Each Building and Lot Plan submitted under this chapter shall:
A.
Compliance. Comply with any applicable Development Parcel Plan, the Zoning Map, and all standards and requirements of this chapter, including without limitation those applicable to the District or Civic District in which the land covered by such Building and Lot Plan is situated, and any Building and Lot Plan for a Lot that is mapped in multiple Character Districts may be developed in conformance with the regulations applicable to either mapped Character District, in that district’s entirety; and
[Amended 5-20-2024 by L.L. No. 6-2024]
B.
Contents. Show and include all items required by § 345-805F, in compliance with the standards and requirements of the Zoning Map, any applicable Development Parcel Plan, and this chapter, including without limitation those applicable to the District or Civic District in which the land covered by such Building and Lot Plan is situated.
[Amended 12-21-2020 by L.L. No. 3-2021; 12-21-2020 by L.L. No. 4-2021; 1-19-2021 by L.L. No. 5-2021; 8-24-2021 by L.L. No. 9-2021; 1-3-2022 by L.L. No. 2-2022; 3-21-2022 by L.L. No. 8-2022; 9-19-2022 by L.L. No. 13-2022; 1-17-2023 by L.L. No. 1-2023; 4-3-2023 by L.L. No. 9-2023; 3-18-2024 by L.L. No. 3-2024; 5-20-2024 by L.L. No. 6-2024; 8-5-2024 by L.L. No. 10-2024; 10-7-2024 by L.L. No. 15-2024; 12-2-2024 by L.L. No. 19-2024; 12-2-2024 by L.L. No. 18-2024; 12-16-2024 by L.L. No. 20-2024; 1-6-2025 by L.L. No. 1-2025; 1-21-2025 by L.L. No. 2-2025; 1-29-2025 by L.L. No. 3-2025; 4-7-2025 by L.L. No. 6-2025; 1-28-2026 by L.L. No. 5-2026]
A.
District Buildings and Lots. The standards for Buildings and Lots within Districts are set forth in Tables 345.405.A-1 through 345.405.A-15 (District Standards) and elsewhere in this Article 4.
(1)
CD-3 Neighborhood Character District.
CD-3 Table 345.405.A-1 District Standards: Neighborhood Character District |
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 |
 |  | |||||||||
 |  | |||||||||
Legend: | ||||||||||
The following notations are utilized in this table: | ||||||||||
 | Permitted | |||||||||
 | Not permitted | |||||||||
 | Not applicable | |||||||||
 | Required | |||||||||
 | Not regulated | |||||||||
(a) | Block Size | |||||||||
Block Perimeter1 | 2,400 feet maximum | |||||||||
NOTE: | ||||||||||
1 Applicable only to Development Parcels. | ||||||||||
(b) | Private Frontage Types | |||||||||
Common Yard | | |||||||||
Porch | | |||||||||
Fence | | |||||||||
Terrace/Lightwell | | |||||||||
Forecourt | | |||||||||
Stoop | | |||||||||
Shopfront | | |||||||||
Gallery | | |||||||||
Arcade | | |||||||||
Officefront | | |||||||||
See Table 345.405.G-1 (Private Frontage Types). | ||||||||||
(c) | Civic Space Types1 | |||||||||
Natural Area | | |||||||||
Green | | |||||||||
Square | | |||||||||
Plaza | | |||||||||
Playground | | |||||||||
Sports Field | | |||||||||
Community Garden | | |||||||||
Pocket Park | | |||||||||
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | ||||||||||
NOTE: | ||||||||||
1Applicable only to Development Parcels. | ||||||||||
(d) | Permitted Uses | |||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | ||||||||||
(e) | Lot Occupation | |||||||||
Lot Width | 50 feet minimum | |||||||||
Lot Area | | |||||||||
Impervious Surface Coverage | 60% maximum | |||||||||
Lot Enfrontment | Must Enfront a vehicular Thoroughfare, except ≤ 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | |||||||||
(f) | Number of Buildings | |||||||||
Principal Building | 1 maximum | |||||||||
Accessory Buildings | 1 maximum; in Third Lot Layer only | |||||||||
(g) | Setbacks: Principal Building | |||||||||
 | ||||||||||
Front Setback, Principal Frontage | 10 feet minimum, 40 feet maximum |  | ||||||||
Front Setback, Secondary Frontage | 10 feet minimum, 20 feet maximum |  | ||||||||
Side Setback | 10 feet minimum |  | ||||||||
Rear Setback | 6 feet minimum; or 15 feet from center line of Rear Alley |  | ||||||||
(h) | Setbacks: Accessory Building | |||||||||
 | ||||||||||
Front Setback, Principal Frontage | 20 feet minimum plus Principal Building Front Setback |  | ||||||||
Front Setback, Secondary Frontage | 10 feet minimum |  | ||||||||
Side Setback | 0 feet minimum |  | ||||||||
Rear Setback | 3 feet minimum or 5 feet minimum if Garage door faces Rear Alley |  | ||||||||
(i) | Building Standards | |||||||||
[1] | Building Height1 | |||||||||
Principal Building | 2 Stories maximum | |||||||||
Accessory Building | 2 Stories maximum | |||||||||
NOTE: | ||||||||||
1Stories do not include Attics and Basements. | ||||||||||
[2] | Facade | |||||||||
Frontage Buildout | 40% minimum | |||||||||
Entrances | Main entrance must be in Facade of Principal Frontages | |||||||||
Location of Building at Frontage | Parallel to Frontage Lines | |||||||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | |||||||||
Blank Walls | at Frontage | |||||||||
Facade Glazing | 20% to 60% of total Facade area | |||||||||
Finished Floor Level | If Residential: 18 inches to 36 inches above average grade at Facade | |||||||||
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade | |||||||||
[3] | Roof Type and Roof Pitch | |||||||||
Flat | | |||||||||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | |||||||||
Hip | | |||||||||
Gable | | |||||||||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12 and that roof pitch may match the primary roof pitch of an existing building that is less than 8:12 | |||||||||
(j) | Building Types | |||||||||
Cottage | | |||||||||
House | | |||||||||
Estate House | | |||||||||
Duplex | | |||||||||
Townhouse | | |||||||||
Multifamily | | |||||||||
Live/Work | | |||||||||
Jewel Box | | |||||||||
Commercial | | |||||||||
Shop House | | |||||||||
Mixed Use | | |||||||||
Flex | | |||||||||
Mid-Rise | | |||||||||
High-Rise | | |||||||||
Civic | | |||||||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | ||||||||||
(k) | Encroachments: Required Setbacks | |||||||||
Encroachment Type | Front | Side | Rear | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | up to 50% of Setback | | | |||||||
Open Porches, including steps | up to 50% of Setback | | | |||||||
Patio Decks, in permitted applicable Lot Layer | | | | |||||||
Openwork Fire Balconies | | | | |||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | |||||||
Satellite dishes/antennas | | | | |||||||
Mechanical equipment, including HVAC | | | | |||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | |||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | |||||||
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | |||||||
Bicycle Parking | | | | |||||||
Stoops | Up to 50% of Setback | | | |||||||
Balconies and Bay Windows | | | | |||||||
(l) | Vehicular Parking Requirements | |||||||||
Off-Street Parking Location | in Third Lot Layer only, except for Driveway | |||||||||
Off-Street Parking Surface | Prepared surface of gravel, asphalt, concrete or other hard surface | |||||||||
Garage Location | in Third Lot Layer only | |||||||||
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum at Frontage Line | |||||||||
Parking Structures | | |||||||||
(m) | Bicycle Parking Requirements | |||||||||
See Bicycle Parking requirement in § 345-405O. | ||||||||||
(n) | Off-Street Loading Storage, Drive-Through, Trash Receptacle/Dumpster, Utility Box and Service Meter1 Requirements | |||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | Third Lot Layer only | |||||||||
Drive-Through Locations | | |||||||||
Trash Receptacle Locations | Per Village Code Chapter 275 (Solid Waste) | |||||||||
Dumpster Locations | | |||||||||
NOTE: | ||||||||||
1Not including water meters. | ||||||||||
(o) | Non-Building Components | |||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in First Lot Layer and Second Lot Layer | |||||||||
Solar Panels | in Third Lot Layer; | |||||||||
| in First or Second Lot Layer if parallel to and integrated into roof design | ||||||||||
Antennas and Satellite Equipment | in First Lot Layer unless such Lot Layer is only possible location possible for satisfactory reception | |||||||||
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | |||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | |||||||||
(p) | Private Landscaping and Fencing | |||||||||
[1] | Landscaping | |||||||||
Minimum of 30% of First Lot Layer must be landscaped in compliance with § 345-405R. | ||||||||||
[2] | Walls and Fencing (not including Screens) | |||||||||
Height | 4 feet maximum at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | |||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Water Body. | |||||||||
Allowed Materials: | ||||||||||
Natural Wood | | |||||||||
Brick or Stucco over Masonry | | |||||||||
Wrought Iron or Aluminum | | |||||||||
Vinyl | | |||||||||
Chain-Link | | |||||||||
Barbed/razor | | |||||||||
(q) | Signs | |||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | ||||||||||
(r) | Lighting | |||||||||
See Private Lighting Standards in § 345-405S. | ||||||||||
(s) | Screens and Streetscreens | |||||||||
Any Wall Screen/Streetscreen Height at Frontage or Adjacent to Civil Space | 3.5 feet to 5 feet | |||||||||
Any Hedge Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | |||||||||
Any Wall or Fence Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Rreceptacles | |||||||||
Any Hedge Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 inches of grade | |||||||||
Nonresidential and Multifamily Residential Screen/Streetscreen Adjacent to or across Thoroughfare from Non-Multifamily Residential | | |||||||||
Screening of Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space | |||||||||
Satellite Dish Screen | | |||||||||
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | |||||||||
(2)
CD-3.R20 One-Family Residence Character District.
CD-3.R20 Table 345.405.A-2 District Standards: One-Family Residence Character District |
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 | | ||||||||
 |  | ||||||||
Legend: | |||||||||
The following notations are utilized in this table | |||||||||
| Permitted | ||||||||
| Not permitted | ||||||||
| Not applicable | ||||||||
| Required | ||||||||
| Not regulated | ||||||||
(a) | Floor Area Ratio (FAR) | ||||||||
0.35 maximum FAR | |||||||||
(b) | Block Size | ||||||||
Block Perimeter | | ||||||||
(c) | Private Frontage Types | ||||||||
| |||||||||
(d) | Civic Space Types | ||||||||
| |||||||||
(e) | Permitted Uses | ||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||
(f) | Lot Occupation | ||||||||
Lot Width | 125 feet minimum | ||||||||
Lot Depth | 150 feet minimum | ||||||||
Lot Area | 20,000 square feet per unit minimum | ||||||||
Impervious Surface Coverage | | ||||||||
Usable Open Space | 5,000 square feet per unit minimum | ||||||||
Minimum Street/Highway Frontage | 20 feet minimum | ||||||||
(g) | Number of Buildings | ||||||||
Principal Building | 1 maximum | ||||||||
Accessory Buildings | 1 maximum | ||||||||
(h) | Setbacks: Principal Building | ||||||||
 | |||||||||
Front Setback, Principal Frontage | 40 feet minimum | | |||||||
Front Setback, Secondary Frontage | 15 feet minimum | | |||||||
Side Setback | 15 feet minimum on one side; 40 feet maximum total | | |||||||
Rear Setback | 40 feet minimum | | |||||||
(i) | Setbacks: Accessory Building | ||||||||
 | |||||||||
Front Setback | Not allowed in required Front Yard | | |||||||
Front Setback, from Main Building | 10 feet minimum if detached from main Building | | |||||||
Side Setback | 5 feet minimum | | |||||||
Rear Setback | 5 feet minimum | | |||||||
(j) | Building Standards | ||||||||
[1] | Building Height1 | ||||||||
NOTE: | |||||||||
1Stories do not include Attics and Basements. | |||||||||
Principal Building | 2 Stories or 35 feet maximum | ||||||||
Accessory Building | 1 Story or 15 feet maximum | ||||||||
[2] | Facade | ||||||||
| |||||||||
[3] | Roof Type and Roof Pitch | ||||||||
| |||||||||
(k) | Building Types | ||||||||
| |||||||||
(l) | Encroachments: Required Setbacks | ||||||||
Encroachment Type | Front | Side | Rear | ||||||
|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | up to 50% of Setback | | | ||||||
Open Porches, including steps | up to 50% of Setback | | | ||||||
Patio Decks, in permitted applicable Lot Layer | | | | ||||||
Openwork Fire Balconies | | | | ||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | ||||||
Satellite Dishes/Antennas | | | | ||||||
Mechanical equipment, including HVAC | | | | ||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | ||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | ||||||
Parking Areas | | | | ||||||
Bicycle Parking | | | | ||||||
Stoops | | | | ||||||
Bay Windows, two-foot projection maximum | | | | ||||||
(m) | Vehicular Parking Requirements | ||||||||
Off-Street Parking Location | in rear Yard only; except for Driveway | ||||||||
Off-Street Parking Surface | | ||||||||
Detached Garage Location | in required Rear Yard only | ||||||||
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum in required Front and Side Yards; except 30 feet maximum or width of Garage if 2 car spaces | ||||||||
Parking Structures | | ||||||||
(n) | Bicycle Parking Requirements | ||||||||
| |||||||||
(o) | Off-Street Loading, Storage, Drive-Through, Trash Receptacle/Dumpster, Utility Box and Service Meter1 Requirements | ||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | | ||||||||
Drive-Through Locations | | ||||||||
Trash Receptacle Locations | | ||||||||
Dumpster Locations | | ||||||||
NOTE: | |||||||||
1Not including water meters. | |||||||||
(p) | Non-Building Components | ||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | | ||||||||
Solar Panels | Refer to Chapter 151. | ||||||||
Antennas and Satellite Equipment | | ||||||||
Swimming Pools, Hot Tubs and Spas | Setback equivalent to the Height or depth of the Swimming Pool, hot tub, or spa | ||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | | ||||||||
(q) | Private Landscaping and Fencing | ||||||||
[1] | Landscaping | ||||||||
| |||||||||
[2] | Walls and Fencing (not including Screens) | ||||||||
Height | 4 feet maximum in Front and Side Yards; otherwise 6 feet maximum in Rear Setback; Height measured above the finished grade | ||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | ||||||||
Allowed Materials: | |||||||||
Natural Wood | | ||||||||
Brick or Stucco over Masonry | | ||||||||
Wrought Iron or Aluminum | | ||||||||
Vinyl | | ||||||||
Chain-Link | | ||||||||
Barbed/razor | | ||||||||
(r) | Signs | ||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||||||
(s) | Lighting | ||||||||
See Private Lighting Standards in § 345-405S. | |||||||||
(3)
CD-3.R7 One-Family Residence District.
CD-3.R7 Table 345.405.A-3 District Standards: One-Family Residence Character District |
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 |
 |  | ||||||||
 |  | ||||||||
Legend: | |||||||||
The following notations are utilized in this table: | |||||||||
| Permitted | ||||||||
| Not permitted | ||||||||
| Not applicable | ||||||||
| Required | ||||||||
| Not regulated | ||||||||
(a) | Floor Area Ratio (FAR) | ||||||||
0.50 maximum FAR | |||||||||
(b) | Block Size | ||||||||
Block Perimeter | | ||||||||
(c) | Private Frontage Types | ||||||||
| |||||||||
(d) | Civic Space Types | ||||||||
| |||||||||
(e) | Permitted Uses | ||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||
(f) | Lot Occupation | ||||||||
Lot Width | 70 feet minimum | ||||||||
Lot Depth | 100 feet minimum | ||||||||
Lot Area | 7,500 square feet per unit minimum | ||||||||
Impervious Surface Coverage | | ||||||||
Usable Open Space | 3,500 square feet per unit minimum | ||||||||
Minimum Street/Highway Frontage | 20 feet minimum | ||||||||
(g) | Number of Buildings | ||||||||
Principal Building | 1 maximum | ||||||||
Accessory Buildings | 1 maximum | ||||||||
(h) | Setbacks: Principal Building | ||||||||
 | |||||||||
Front Setback, Principal Frontage | 30 feet minimum | | |||||||
Front Setback, Secondary Frontage | 10 feet minimum | | |||||||
Side Setback | 10 feet minimum on one side; 20 feet minimum total | | |||||||
Rear Setback | 30 feet minimum | | |||||||
(i) | Setbacks: Accessory Building | ||||||||
 | |||||||||
Front Setback | Not allowed in required Front Yard | | |||||||
Front Setback, from Main Building | 10 feet minimum if detached from main Building | | |||||||
Side Setback | 5 feet minimum | | |||||||
Rear Setback | 5 feet minimum | | |||||||
(j) | Building Standards | ||||||||
[1] | Building Height1 | ||||||||
Principal Building | 2 Stories or 35 feet maximum | ||||||||
Accessory Building | 1 Story or 15 feet maximum | ||||||||
[2] | Facade | ||||||||
| |||||||||
[3] | Roof Type and Roof Pitch | ||||||||
| |||||||||
NOTE: | |||||||||
1Stories do not include Attics and Basements. | |||||||||
(k) | Building Types | ||||||||
| |||||||||
(l) | Encroachments: Required Setbacks | ||||||||
Encroachment Type | Front | Side | Rear | ||||||
|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | up to 50% of Setback | | | ||||||
Open Porches, including steps | up to 50% of Setback | | | ||||||
Patio Decks, in permitted applicable Lot Layer | | | | ||||||
Openwork Fire Balconies | | | | ||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | ||||||
Satellite dishes/antennas | | | | ||||||
Mechanical equipment, including HVAC | | | | ||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | ||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | ||||||
Parking Areas | | | | ||||||
Bicycle Parking | | | | ||||||
Stoops | Up to 50% of Setback | | | ||||||
Bay Windows, two-foot projection maximum | | | | ||||||
(m) | Vehicular Parking Requirements | ||||||||
Off-Street Parking Location | in Rear Yard only; except for Driveway | ||||||||
Off-Street Parking Surface | | ||||||||
Detached Garage Location | in required Rear Yard only | ||||||||
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum in required Front and Side Yards; except 30 feet maximum or width of Garage if 2 car spaces | ||||||||
Parking Structures | | ||||||||
(n) | Bicycle Parking Requirements | ||||||||
| |||||||||
(o) | Off-Street Loading, Storage, Drive-Through, Trash Receptacle/Dumpster, Utility Box and Service Meter1 Requirements | ||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | | ||||||||
Drive-Through Locations | | ||||||||
Trash Receptacle Locations | | ||||||||
Dumpster Locations | | ||||||||
NOTE: | |||||||||
1Not including water meters. | |||||||||
(p) | Non-Building Components | ||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | | ||||||||
Solar Panels | Refer to Chapter 151 | ||||||||
Antennas and Satellite Equipment | | ||||||||
Swimming Pools, Hot Tubs and Spas | Setback equivalent to the Height or depth of the Swimming Pool, Hot Tub, or Spa | ||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | | ||||||||
(g) | Private Landscaping and Fencing | ||||||||
[1] | Landscaping | ||||||||
| |||||||||
[2] | Walls and Fencing (not including Screens) | ||||||||
Height | 4 feet maximum in Front and Side Yards; otherwise 6 feet maximum in Rear Setback; Height measured above the finished grade | ||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | ||||||||
Allowed Materials: | |||||||||
Natural Wood | | ||||||||
Brick or Stucco over Masonry | | ||||||||
Wrought Iron or Aluminum | | ||||||||
Vinyl | | ||||||||
Chain-Link | | ||||||||
Barbed/razor | | ||||||||
(r) | Signs | ||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||||||
(s) | Lighting | ||||||||
See Private Lighting Standards in § 345-405S. | |||||||||
(4)
CD-3.R5 One-Family Residence Character District.
CD-3.R5 Table 345.405.A-4 District Standards: One-Family Residence Character District |
 |
 |
 |  | ||||||||
 |  | ||||||||
Legend: | |||||||||
The following notations are utilized in this table: | |||||||||
| Permitted | ||||||||
| Not permitted | ||||||||
| Not applicable | ||||||||
| Required | ||||||||
| Not regulated | ||||||||
(a) | Floor Area Ratio (FAR) | ||||||||
0.60 maximum FAR | |||||||||
(b) | Block Size | ||||||||
Block Perimeter | | ||||||||
(c) | Private Frontage Types | ||||||||
| |||||||||
(d) | Civic Space Types | ||||||||
| |||||||||
(e) | Permitted Uses | ||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||
(f) | Lot Occupation | ||||||||
Lot Width | 50 feet minimum | ||||||||
Lot Depth | 100 feet minimum | ||||||||
Lot Area | 5,000 square feet per unit minimum | ||||||||
Impervious Surface Coverage | | ||||||||
Usable Open Space | 2,000 square feet per unit minimum | ||||||||
Minimum Street/Highway Frontage | 20 feet minimum | ||||||||
(g) | Number of Buildings | ||||||||
Principal Building | 1 maximum | ||||||||
Accessory Buildings | 1 maximum | ||||||||
(h) | Setbacks: Principal Building | ||||||||
 | |||||||||
Front Setback | 25 feet minimum | | |||||||
Front Setback, Secondary Frontage | 8 feet minimum | | |||||||
Side Setback | 8 feet minimum on one side; 14 feet minimum total | | |||||||
Rear Setback | 30 feet minimum | | |||||||
(i) | Setbacks: Accessory Building | ||||||||
 | |||||||||
Front Setback | Not allowed in required Front Yard | | |||||||
Front Setback, from Main Building | 10 feet minimum if detached from main Building | | |||||||
Side Setback | 5 feet minimum | | |||||||
Rear Setback | 5 feet minimum | | |||||||
(j) | Building Standards | ||||||||
[1] | Building Height1 | ||||||||
Principal Building | 2 Stories or 35 feet maximum | ||||||||
Accessory Building | 1 Story or 15 feet maximum | ||||||||
[2] | Facade | ||||||||
| |||||||||
[3] | Roof Type and Roof Pitch | ||||||||
| |||||||||
NOTE: | |||||||||
1 Stories do not include Attics and Basements. | |||||||||
(k) | Building Types | ||||||||
| |||||||||
(l) | Encroachments: Required Setbacks | ||||||||
Encroachment Type | Front | Side | Rear | ||||||
|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | up to 50% of Setback | | | ||||||
Open Porches, including steps | up to 50% of Setback | | | ||||||
Patio Decks, in permitted applicable Lot Layer | | | | ||||||
Openwork Fire Balconies | | | | ||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | ||||||
Satellite dishes/antennas | | | | ||||||
Mechanical equipment, including HVAC | | | | ||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | ||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | ||||||
Parking Areas | | | | ||||||
Bicycle Parking | | | | ||||||
Stoops | Up to 50% of Setback | | | ||||||
Bay Windows, two-foot projection maximum | | | | ||||||
(m) | Vehicular Parking Requirements | ||||||||
Off-Street Parking Location | in Rear Yard only; except for Driveway | ||||||||
Off-Street Parking Surface | | ||||||||
Detached Garage Location | in required Rear Yard only | ||||||||
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum in required Front and Side Yards; except 30 feet maximum or width of Garage if 2 car spaces | ||||||||
Parking Structures | | ||||||||
(n) | Bicycle Parking Requirements | ||||||||
| |||||||||
(o) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | ||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | | ||||||||
Drive-Through Locations | | ||||||||
Trash Receptacle Locations | | ||||||||
Dumpster Locations | | ||||||||
NOTE: | |||||||||
1Not including water meters. | |||||||||
(p) | Non-Building Components | ||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | | ||||||||
Solar Panels | Refer to Chapter 151 | ||||||||
Antennas and Satellite Equipment | | ||||||||
Swimming Pools, Hot Tubs and Spas | Setback equivalent to the Height or depth of the Swimming Pool, Hot Tub, or Spa | ||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | | ||||||||
(g) | Private Landscaping and Fencing | ||||||||
[1] | Landscaping | ||||||||
| |||||||||
[2] | Walls and Fencing (not including Screens) | ||||||||
Height | 4 feet maximum in Front and Side yards; otherwise 6 feet maximum in rear setback; height measured above the finished grade | ||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | ||||||||
Allowed Materials: | |||||||||
Natural Wood | | ||||||||
Brick or Stucco over Masonry | | ||||||||
Wrought Iron or Aluminum | | ||||||||
Vinyl | | ||||||||
Chain-Link | | ||||||||
Barbed/razor | | ||||||||
(r) | Signs | ||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||||||
(s) | Lighting | ||||||||
See Private Lighting Standards in § 345-405S. | |||||||||
(5)
CD-4 General Urban Character District.
CD-4 Table 345.405.A-5 District Standards: General Urban Character District |
 |
 |
 |  | ||||||||
 |  | ||||||||
Legend: | |||||||||
The following notations are utilized in this table: | |||||||||
| Permitted | ||||||||
| Not permitted | ||||||||
| Not applicable | ||||||||
| Required | ||||||||
| Not regulated | ||||||||
(a) | Block Size | ||||||||
Block Perimeter1 | 2,400 feet maximum | ||||||||
NOTE: | |||||||||
1 Applicable only to Development Parcels. | |||||||||
(b) | Private Frontage Types | ||||||||
Common Yard | | ||||||||
Porch | | ||||||||
Fence | | ||||||||
Terrace/Lightwell | | ||||||||
Forecourt | | ||||||||
Stoop | | ||||||||
Shopfront | | ||||||||
Gallery | | ||||||||
Arcade | | ||||||||
Officefront | | ||||||||
See Table 345.405.G-1 (Private Frontage Types). | |||||||||
(c) | Civic Space Types1 | ||||||||
Natural Area | | ||||||||
Green | | ||||||||
Square | | ||||||||
Plaza | | ||||||||
Playground | | ||||||||
Sports Field | | ||||||||
Community Garden | | ||||||||
Pocket Park | | ||||||||
See Table 345.405.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | |||||||||
NOTE: | |||||||||
1Applicable only to Development Parcels. | |||||||||
(d) | Permitted Uses | ||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||
(e) | Lot Occupation | ||||||||
Lot Width | 18 feet minimum | ||||||||
Lot Area | | ||||||||
Impervious Surface Coverage | 70% maximum | ||||||||
Lot Enfrontment | Must enfront a vehicular Thoroughfare, except ≤ 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | ||||||||
(f) | Number of Buildings | ||||||||
Principal Building | 1 maximum | ||||||||
Accessory Buildings | 1 maximum; in Third Lot Layer only | ||||||||
(g) | Setbacks: Principal Building | ||||||||
 | |||||||||
Front Setback, Principal Frontage | If existing Principal Building(s) with common side Lot Line, shall be the average front setback of the Block face; otherwise, 3 feet minimum, 20 feet maximum | | |||||||
Front Setback, Secondary Frontage | 3 feet minimum, 20 feet maximum | | |||||||
Side Setback | 7 feet minimum on one side; or 10 feet minimum total | | |||||||
Rear Setback | 3 feet minimum; or 15 feet from center line of Rear Alley. Properties with a lot depth greater than 120 feet shall require a minimum setback of 15 feet | | |||||||
(h) | Setbacks: Accessory Building | ||||||||
 | |||||||||
Front Setback, Principal Frontage | 20 feet minimum plus Principal Building Front Setback | | |||||||
Front Setback, Secondary Frontage | 3 feet minimum | | |||||||
Side Setback | 0 feet minimum | | |||||||
Rear Setback | 3 feet minimum or 5 feet minimum if Garage door faces Rear Alley | | |||||||
(i) | Building Standards | ||||||||
[1] | Building Height | ||||||||
Principal Building | 1 Story minimum, 3 Stories maximum | ||||||||
Accessory Building | 2 Stories maximum | ||||||||
[2] | Ceiling Height | ||||||||
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for residential uses; a minimum of 11 feet with a maximum of 25 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. | |||||||||
[3] | Facade | ||||||||
Frontage Buildout | 60% minimum | ||||||||
Entrances | Main entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner | ||||||||
Location of Building at Frontage | Parallel to Frontage Lines | ||||||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | ||||||||
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.). | ||||||||
Blank Walls | at Frontage | ||||||||
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be ≥ 40% minimum | ||||||||
Facade Openings | Windows and/or doors spaced ≤ 20 feet apart. Openings must be square or vertical in proportion, except in Shopfront or Gallery Frontage, and except for transoms and sidelights. Windows in Facade and First and Second Lot Layers must be single-hung, double-hung, casement or awning types. In Stories above first, Facade openings must be ≤ 50% of total Facade area. | ||||||||
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | ||||||||
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | ||||||||
Facade Articulation | | ||||||||
Finished Floor Level | If Residential: 2 feet to 6 feet above average grade at Facade | ||||||||
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade | ||||||||
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | ||||||||
Decks | at Frontage | ||||||||
[4] | Roof Type and Roof Pitch | ||||||||
Flat | | ||||||||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | ||||||||
Hip | | ||||||||
Gable | | ||||||||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12 and that roof pitch may match the primary roof pitch of an existing building that is less than 8:12. | ||||||||
(j) | Building Types | ||||||||
Cottage | | ||||||||
House | | ||||||||
Estate House | | ||||||||
Duplex | | ||||||||
Townhouse | | ||||||||
Multifamily | | ||||||||
Live/Work | | ||||||||
Jewel Box | | ||||||||
Commercial | | ||||||||
Shop House | | ||||||||
Mixed Use | | ||||||||
Flex | | ||||||||
Mid-Rise | | ||||||||
High-Rise | | ||||||||
Civic | | ||||||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | |||||||||
(k) | Encroachments: Required Setbacks | ||||||||
Encroachment Type | Front | Side | Rear | ||||||
|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | | | | ||||||
Open Porches, including steps | up to 50% of Setback | | | ||||||
Patio Decks, in permitted applicable Lot Layer | | | | ||||||
Openwork Fire Escapes and Fire Balconies | | by no more than 6 feet | by no more than 6 feet | ||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | ||||||
Satellite dishes/antennas | | | | ||||||
Mechanical equipment, including HVAC | | | | ||||||
Underground utility lines, wires and associated Structures (e.g., poles) | | | | ||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | ||||||
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | ||||||
Bicycle Parking | | | | ||||||
Stoops | | | | ||||||
Balconies and Bay Windows | | | | ||||||
(l) | Vehicular Parking Requirements [Amended 12-2-2024 by L.L. No. 19-2024] | ||||||||
Off-Street Parking Location | in Third Lot Layer only | ||||||||
Off-Street Parking Surface | Use of permeable pavement is encouraged; however, it shall count as an impervious surface for the purposes of calculating the Impervious Surface Coverage. Prepared surface of gravel, asphalt, concrete or other hard surface is permitted. | ||||||||
Garage Location | in Third Lot Layer only | ||||||||
Driveway/Vehicular Entrance Location | in any Lot Layer | ||||||||
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum in First Lot Layer if Residential; 24 feet maximum in First Lot Layer if nonresidential, regardless if shared or not | ||||||||
Parking Structures | , if Screened from Frontage by Liner Buildings | ||||||||
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | ||||||||
(m) | Bicycle Parking Requirements | ||||||||
See Bicycle Parking requirement in § 345-405O. | |||||||||
(n) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | ||||||||
Off-Street Trash Receptacle/Dumpster | for all Building types except Cottage, House or Duplex and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | ||||||||
Drive-Through Locations | in Third Lot Layer only, and Special Exception Use approval must be obtained. | ||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | For Lots with Building types other than Cottage, House, or Duplex: in Third Lot Layer only.For Lots with Cottage, House or Duplex: in Second or Third Lot Layer. | ||||||||
NOTE: | |||||||||
1Not including water meters. | |||||||||
(o) | Non-Building Components | ||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; in First Lot Layer | ||||||||
Solar Panels | in Third Lot Layer; in First or Second Lot Layer if parallel to and integrated into roof design | ||||||||
Antennas and Satellite Equipment | in Third Lot Layer; in First or Second Lot Layer if such Lot Layer is only possible location for satisfactory reception | ||||||||
Outdoor Grilling Equipment | in Third Lot Layer only | ||||||||
Recreation or Play Equipment | in Third Lot Layer only | ||||||||
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | ||||||||
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | ||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | ||||||||
(p) | Private Landscaping and Fencing | ||||||||
[1] | Landscaping | ||||||||
| ; 1 tree per 50 feet of Frontage if First Lot Layer ≥ 15 feet deep, planted in First Lot Layer | |||||||||
If First Lot Layer ≥ 10 feet, minimum of 30% of First Lot Layer must be landscaped in compliance with § 345-405R. | |||||||||
[2] | Walls and Fencing (not including Screens) | ||||||||
Height | 3 feet within First Lot Layer to face of Principal Building, otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | ||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Water Body | ||||||||
Allowed Materials: | |||||||||
Natural Wood | Only picket type allowed in First Lot Layer; other types allowed on sides and at rear | ||||||||
Brick or Stucco over Masonry | | ||||||||
Wrought Iron or Aluminum | | ||||||||
Chain-Link | in Second and Third Lot Layer, at rear and sides only | ||||||||
Barbed/razor | | ||||||||
(q) | Signs | ||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||||||
(r) | Lighting | ||||||||
See Private Lighting Standards in § 345-405S. | |||||||||
(s) | Screens and Streetscreens | ||||||||
Any Wall Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | ||||||||
Any Hedge Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | ||||||||
Any Wall or Fence Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Receptacles | ||||||||
Any Hedge Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 inches of grade | ||||||||
Nonresidential and Multifamily Residential Screen/Streetscreen Adjacent to or across Thoroughfare from non-Multifamily Residential | None required | ||||||||
Screening of Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | ||||||||
Satellite Dish Screen | | ||||||||
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | ||||||||
Streetscreen location, if required or provided | Second Lot Layer | ||||||||
(6)
CD-5 Urban Center Character District.
CD-5 Table 345.405.A-6 District Standards: Urban Center Character District |
 |
 |
 |  | ||||||||||||
 |  | ||||||||||||
Legend: | |||||||||||||
The following notations are utilized in this table: | |||||||||||||
| Permitted | ||||||||||||
| Not permitted | ||||||||||||
| Not applicable | ||||||||||||
| Required | ||||||||||||
| Not regulated | ||||||||||||
(a) | Block Size | ||||||||||||
Block Perimeter1 | 2,000 feet maximum or 3,000 feet maximum if a Parking Structure provided within Block | ||||||||||||
NOTE: | |||||||||||||
1Applicable only to Development Parcels. | |||||||||||||
(b) | Private Frontage Types | ||||||||||||
Common Yard | | ||||||||||||
Porch | | ||||||||||||
Fence | | ||||||||||||
Terrace/Lightwell | | ||||||||||||
Forecourt | | ||||||||||||
Stoop | | ||||||||||||
Shopfront | | ||||||||||||
Gallery | | ||||||||||||
Arcade | | ||||||||||||
Officefront | | ||||||||||||
See Table 345.405.G-1 (Private Frontage Types). | |||||||||||||
(c) | Civic Spaces Types1 | ||||||||||||
Natural Area | | ||||||||||||
Green | | ||||||||||||
Square | | ||||||||||||
Plaza | | ||||||||||||
Playground | | ||||||||||||
Sports Field | | ||||||||||||
Community Garden | | ||||||||||||
Pocket Park | | ||||||||||||
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | |||||||||||||
NOTE: | |||||||||||||
1Applicable only to Development Parcels. | |||||||||||||
(d) | Permitted Uses | ||||||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||||||
(e) | Lot Occupation | ||||||||||||
Lot Width | 18 feet minimum | ||||||||||||
Lot Area | | ||||||||||||
Impervious Surface Coverage | 100% maximum | ||||||||||||
Lot Enfrontment | Must enfront a vehicular Thoroughfare, except ≤ 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | ||||||||||||
(f) | Number of Buildings | ||||||||||||
Principal Building | 1 maximum | ||||||||||||
Accessory Buildings | 1 maximum; in Third Lot Layer only | ||||||||||||
(g) | Setbacks: Principal Building | ||||||||||||
 | |||||||||||||
Front Setback, Principal Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | |||||||||||
Front Setback, Secondary Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | |||||||||||
Side Setback | 0 feet minimum; 24 feet maximum per side | | |||||||||||
Rear Setback | | | |||||||||||
(h) | Setbacks: Accessory Building | ||||||||||||
 | |||||||||||||
Front Setback, Principal Frontage | 40 feet maximum from rear property line | | |||||||||||
Side Setback | 0 feet minimum | | |||||||||||
Rear Setback | 3 feet maximum | | |||||||||||
(i) | Building Standards | ||||||||||||
[1] | Building Height [Amended 8-5-2024 by L.L. No. 10-2024] | ||||||||||||
Principal Building | 2 Stories minimum, 6 Stories maximum, except as provided in § 345-405X | ||||||||||||
Accessory Building | 2 Stories maximum | ||||||||||||
[2] | Ceiling Height | ||||||||||||
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 14 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. | |||||||||||||
[3] | Facade | ||||||||||||
Frontage Buildout | 80% minimum | ||||||||||||
Entrances | Main entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner | ||||||||||||
Location of Building at Frontage | Parallel to Frontage Lines | ||||||||||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | ||||||||||||
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.). | ||||||||||||
Blank Walls | at Frontage | ||||||||||||
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be ≤ 40% minimum | ||||||||||||
Facade Openings | Windows and/or doors spaced ≤ 20 feet apart. Openings must be square of vertical in proportion except Shopfront, Gallery, and Arcade Frontages and except for transoms and sidelights. In Stories above first, Facade openings must be ≤ 50% of total Facade area. | ||||||||||||
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | ||||||||||||
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | ||||||||||||
Facade Articulation | A Facade greater than 100 feet in width must be differentiated so that it appears to be comprised of 2 or more Adjacent Buildings, by dividing such Facade into 2 segments each of which: | ||||||||||||
(1) Includes a separate entrance; and (2) Differs from each of the other segments with respect to all of the following: (a) A change in shape, sill, and header height, detail, size, spacing, rhythm, and muntin pattern of windows; (b) A change of Building or cornice height; (c) A change in cornice details; (d) A change of wall material or wall color; (e) A change in trim courses and other horizontal elements; (f) A change in dormer or balcony design, if any; and (g) Providing or changing pilasters, columns, or other Facade elements; and (3) Is composed with a defined center and edges. (See illustration below.) | |||||||||||||
Facade Articulation (illustration) |  | ||||||||||||
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade. Shopfront Frontages: at knee wall | ||||||||||||
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | ||||||||||||
Decks | at Frontage | ||||||||||||
[4] | Roof Type and Roof Pitch | ||||||||||||
Flat | | ||||||||||||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building. | ||||||||||||
Hip | | ||||||||||||
Gable | | ||||||||||||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12. | ||||||||||||
(j) | Building Types | ||||||||||||
Cottage | | ||||||||||||
House | | ||||||||||||
Estate House | | ||||||||||||
Duplex | | ||||||||||||
Townhouse | | ||||||||||||
Multifamily | | ||||||||||||
Live/Work | | ||||||||||||
Jewel Box | | ||||||||||||
Commercial | | ||||||||||||
Shop House | | ||||||||||||
Mixed Use | | ||||||||||||
Flex | | ||||||||||||
Mid-Rise | | ||||||||||||
High-Rise | | ||||||||||||
Civic | | ||||||||||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | |||||||||||||
(k) | Encroachments: Required Setbacks | ||||||||||||
Encroachment type | Front | Side | Rear | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | | | | ||||||||||
Open Porches, including steps | | | | ||||||||||
Patio Decks, in permitted applicable Lot Layer | | | | ||||||||||
Openwork Fire Escapes and Fire Balconies | | by no more than 6 feet | by no more than 6 feet | ||||||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | ||||||||||
Satellite dishes/antennas | | | | ||||||||||
Mechanical equipment, including HVAC | | | | ||||||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | ||||||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | ||||||||||
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | ||||||||||
Bicycle Parking | | | | ||||||||||
Stoops | | | | ||||||||||
Balconies and Bay Windows | | | | ||||||||||
(l) | Vehicular Parking Requirements | ||||||||||||
Off-Street Parking Location | in Third Lot Layer only | ||||||||||||
Off-Street Parking Surface | Asphalt, concrete or other hard surface | ||||||||||||
Garage Location | in Third Lot Layer only | ||||||||||||
Driveway/Vehicular Entrance Location | in any Lot Layer | ||||||||||||
Driveway/Vehicular Entrance Maximum Width | 24 feet maximum in First Lot Layer and Second Lot Layer, regardless if shared or not | ||||||||||||
Parking Structures | if Screened from Frontage by Liner Buildings | ||||||||||||
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | ||||||||||||
(m) | Bicycle Parking Requirements | ||||||||||||
See Bicycle Parking requirement in § 345-405O. | |||||||||||||
(n) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | ||||||||||||
Off-Street Trash Receptacle/Dumpster | and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | ||||||||||||
Drive-Through Locations | in Third Lot Layer only and Special Exception Use approval must be obtained | ||||||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | in Third Lot Layer only | ||||||||||||
NOTE: | |||||||||||||
1Not including water meters. | |||||||||||||
(o) | Non-Building Components | ||||||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; in First Lot Layer | ||||||||||||
Solar Panels | in Third Lot Layer; in First or Second Lot Layer if parallel to and integrated into roof design | ||||||||||||
Antennas and Satellite Equipment | in Third Lot Layer; in First or Second Lot Layer only if such Lot Layer is only possible location possible for satisfactory reception | ||||||||||||
Outdoor Grilling Equipment | in Third Lot Layer only | ||||||||||||
Recreation or Play Equipment | in Third Lot Layer only | ||||||||||||
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | ||||||||||||
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | ||||||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | ||||||||||||
(p) | Private Landscaping and Fencing | ||||||||||||
[1] | Landscaping | ||||||||||||
| if paved or ≤ 3 feet front Setback; otherwise, shrubs continuous around foundation at Frontage | |||||||||||||
[2] | Walls and Fencing (not including Screens) | ||||||||||||
Height | 3.5 feet to 4 feet at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | ||||||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Water Body | ||||||||||||
Allowed Materials: | |||||||||||||
Natural Wood | at side and rear only | ||||||||||||
Brick or Stucco over Masonry | at side and rear only | ||||||||||||
Wrought Iron or Aluminum | | ||||||||||||
Chain-Link | at side and rear only | ||||||||||||
Barbed/razor | | ||||||||||||
(q) | Signs | ||||||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||||||||||
(r) | Lighting | ||||||||||||
See Private Lighting Standards in § 345-405S. | |||||||||||||
(s) | Screens and Streetscreens | ||||||||||||
Any Wall Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3 feet to 3.5 feet | ||||||||||||
Any Hedge Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3 feet to 3.5 feet | ||||||||||||
Any Wall or fence Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Receptacles | ||||||||||||
Any Hedge Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet | ||||||||||||
Nonresidential and Multifamily Residential Screen/Streetscreen Adjacent to or across Thoroughfare from non-Multifamily Residential | None required | ||||||||||||
Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen. Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or Fence not at Frontages or Adjacent to Civic Space. | ||||||||||||
Satellite Dish Screen | | ||||||||||||
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | ||||||||||||
Streetscreen Location | Second Lot Layer | ||||||||||||
Materials | |||||||||||||
Any Wall Screen or Streetscreen | Masonry | ||||||||||||
Any Fence Screen or Streetscreen | Wood | ||||||||||||
Hedge Screen or Streetscreen | Evergreen plants planted 15 feet on center with minimum 80% opacity within 12 inches of grade | ||||||||||||
(7)
CD-5W Urban Center - Waterfront Character District.
CD-5W Table 345.405.A-7 District Standards: Urban Center - Waterfront Character District |
 |
 |
 |  | ||||||||||
 |  | ||||||||||
Legend: | |||||||||||
The following notations are utilized in this table: | |||||||||||
| Permitted | ||||||||||
| Not permitted | ||||||||||
| Not applicable | ||||||||||
| Required | ||||||||||
| Not regulated | ||||||||||
(a) | Block Size | ||||||||||
Block Perimeter1 | 2,000 feet maximum or 3,000 feet maximum if a Parking Structure provided within Block | ||||||||||
NOTE: | |||||||||||
1Applicable only to Development Parcels. | |||||||||||
(b) | Private Frontage Types | ||||||||||
Common Yard | | ||||||||||
Porch | | ||||||||||
Fence | | ||||||||||
Terrace/Lightwell | | ||||||||||
Forecourt | | ||||||||||
Stoop | | ||||||||||
Shopfront | | ||||||||||
Gallery | | ||||||||||
Arcade | | ||||||||||
Officefront | | ||||||||||
See Table 345.405.G-1 (Private Frontage Types). | |||||||||||
(c) | Civic Space Types1 | ||||||||||
Natural Area | | ||||||||||
Green | | ||||||||||
Square | | ||||||||||
Plaza | | ||||||||||
Playground | | ||||||||||
Sports Field | | ||||||||||
Community Garden | | ||||||||||
Pocket Park | | ||||||||||
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | |||||||||||
NOTE: | |||||||||||
1Applicable only to Development Parcels. | |||||||||||
(d) | Permitted Uses | ||||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||||
(e) | Lot Occupation | ||||||||||
Lot Width | 18 feet minimum | ||||||||||
Lot Area | | ||||||||||
Impervious Surface Coverage | 80% maximum | ||||||||||
Lot Enfrontment | Except for Through Lots, must Enfront a vehicular Thoroughfare, Pedestrian Path, Passage, pedestrian walkway, or water body. If a Through Lot Adjacent to waterfront, must Enfront both the waterfront and either a Pedestrian Path, Passage, pedestrian walkway, or a vehicular Thoroughfare. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | ||||||||||
(f) | Number of Buildings | ||||||||||
Principal Building | 1 maximum | ||||||||||
Accessory Buildings | on Through Lot. Otherwise, 1 maximum; in Third Lot Layer only | ||||||||||
(g) | Setbacks: Principal Building | |||||||||||
 | ||||||||||||
Front Setback, Principal Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | ||||||||||
Front Setback, Secondary Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | ||||||||||
Side Setback | 12 feet minimum; 24 feet maximum per side | | ||||||||||
Rear Setback | | | ||||||||||
Waterfront Setback | 25 feet from property line | |||||||||||
(h) | Setbacks: Accessory Building | |||||||||||
 | ||||||||||||
Front Setback, Principal Frontage | 40 feet maximum from rear property line | | ||||||||||
Side Setback | 12 feet minimum; 24 feet maximum per side | | ||||||||||
Rear Setback | 3 feet maximum | | ||||||||||
Waterfront Setback | 25 feet from property line | |||||||||||
(i) | Building Standards | |||||||||||
[1] | Building Height | |||||||||||
Principal Building | 2 Stories minimum in Second Lot Layer, 6 Stories maximum; 4 Stories maximum along the Byram River waterfront | |||||||||||
Accessory Building | 2 Stories | |||||||||||
[2] | Ceiling Height | |||||||||||
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 14 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. | ||||||||||||
[3] | Facade | |||||||||||
Frontage buildout | 60% minimum | |||||||||||
Entrances | Main Entrance must be in Facade of Principal Frontages, including on the Byram River waterfront Frontage. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner. | |||||||||||
Location of Building at Frontage | Parallel to Frontage Lines | |||||||||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | |||||||||||
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.). | |||||||||||
Blank Walls | at Frontage, including waterfront Frontage | |||||||||||
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be ≥ 40% minimum | |||||||||||
Facade Openings | Windows and/or doors spaced ≤ 20 feet apart. Openings must be square or vertical in proportion, except in Shopfront, Gallery, and Arcade Frontages and except for transoms and sidelights. In Stories above first, Facade openings must be ≤ 50% of total Facade area. | |||||||||||
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | |||||||||||
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | |||||||||||
Facade Articulation | A Facade greater than 100 feet in width must be differentiated so that it appears to be comprised of two or more Adjacent Buildings, by dividing such Facade into 2 segments each of which: (1) Includes a separate entrance; (2) Differs from each of the other segments with respect to all of the following: (a) A change in shape, sill, and header height, detail, size, spacing, rhythm, and muntin pattern of windows; (b) A change of Building or cornice height; (c) A change in cornice details; (d) A change of wall material or wall color; (e) A change in trim courses and other horizontal elements; (f) A change in dormer or balcony design, if any; and (g) Providing or changing pilasters, columns, or other Facade elements; and (3) Is composed with a defined center and edges. (See illustration below.) | |||||||||||
Facade Articulation (illustration) | | |||||||||||
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade. Shopfront Frontages: at knee wall. | |||||||||||
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | |||||||||||
Decks | at Frontage | |||||||||||
[4] | Roof Type and Roof Pitch | |||||||||||
Flat | | |||||||||||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | |||||||||||
Hip | | |||||||||||
Gable | | |||||||||||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12. | |||||||||||
(j) | Building Types | |||||||||||
Cottage | | |||||||||||
House | | |||||||||||
Estate House | | |||||||||||
Duplex | | |||||||||||
Townhouse | | |||||||||||
Multifamily | | |||||||||||
Live/Work | | |||||||||||
Jewel Box | | |||||||||||
Commercial | | |||||||||||
Shop House | | |||||||||||
Mixed Use | | |||||||||||
Flex | | |||||||||||
Mid-Rise | | |||||||||||
High-Rise | | |||||||||||
Civic | | |||||||||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | ||||||||||||
(k) | Encroachments: Required Setbacks | |||||||||||
Encroachment Type | Front | Side | Rear | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | | | | |||||||||
Open Porches, including steps | | | | |||||||||
Patio Decks, in permitted applicable Lot Layer | | | | |||||||||
Openwork Fire Escapes and Balconies | | by no more than 6 feet | by no more than 6 feet | |||||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | |||||||||
Satellite dishes/antennas | | | | |||||||||
Mechanical equipment, including HVAC | | | | |||||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | |||||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | |||||||||
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | |||||||||
Bicycle Parking | | | | |||||||||
Stoops | | | | |||||||||
Balconies and Bay Windows | | | | |||||||||
Accessory Structures that provide access to water-related activities, such as docks, ferries, etc. | | | | |||||||||
(l) | Vehicular Parking Requirements | |||||||||||
Off-Street Parking Location | in Third Lot Layer only | |||||||||||
Off-Street Parking Surface | Asphalt, concrete or other hard surface | |||||||||||
Garage Location | in Third Lot Layer only | |||||||||||
Driveway/Vehicular Entrance Location | in any Lot Layer | |||||||||||
Driveway/Vehicular Entrance Maximum Width | 24 feet maximum in First Lot Layer and Second Lot Layer, regardless if shared or not | |||||||||||
Parking Structures | , if Screened from Frontage by Liner Buildings | |||||||||||
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | |||||||||||
(m) | Bicycle Parking Requirements | |||||||||||
See Bicycle Parking requirement in § 345-405O. | ||||||||||||
(n) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | |||||||||||
Off-Street Trash Receptacle/Dumpster | and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | |||||||||||
Drive-Through Locations | in Third Lot Layer only and Special Exception Use approval must be obtained | |||||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | in Third Lot Layer only | |||||||||||
NOTE: | ||||||||||||
1Not including water meters. | ||||||||||||
(o) | Non-Building Components | |||||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; in First Lot Layer | |||||||||||
Solar Panels | in Third Lot Layer; in First or Second Lot Layer if parallel to and integrated into roof design | |||||||||||
Antennas and Satellite Equipment | in Third Lot Layer; in First or Second Lot Layer only if such Lot Layer is only possible location possible for satisfactory reception | |||||||||||
Outdoor Grilling Equipment | in Third Lot Layer only | |||||||||||
Recreation or Play equipmentE | in Third Lot Layer only | |||||||||||
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | |||||||||||
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | |||||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | |||||||||||
(p) | Private Landscaping and Fencing | |||||||||||
[1] | Landscaping | |||||||||||
| Unless paved or ≤3 feet front Setback otherwise, shrubs continuous around foundation at Frontage | ||||||||||||
[2] | Walls and Fencing (not including Screens) | |||||||||||
Height | 3.5 feet to 4 feet at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | |||||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Water Body | |||||||||||
Allowed Materials: | ||||||||||||
Natural Wood | at side and rear only | |||||||||||
Brick or Stucco over Masonry | at side and rear only | |||||||||||
Wrought Iron or Aluminum | | |||||||||||
Chain-Link | | |||||||||||
Barbed/razor | | |||||||||||
(q) | Signs | |||||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | ||||||||||||
(r) | Lighting | |||||||||||
See Private Lighting Standards in § 345-405S. | ||||||||||||
(s) | Buffers and Screens | |||||||||||
Wall Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | |||||||||||
Hedge Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | |||||||||||
Wall or fence Screen Height not at Frontage or Adjacent to Civic Space | Fences and screens not required or allowed along waterfront or Frontage along waterfront unless required for safety; otherwise, 5 feet to 6 feet; minimum 6 feet for dumpsters and trash receptacles | |||||||||||
Hedge Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 in of grade | |||||||||||
Nonresidential and Multifamily Residential Screen Adjacent to or across Thoroughfare from Non-Multifamily Residential | None required | |||||||||||
Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | |||||||||||
Satellite Dish Screen | | |||||||||||
Rooftop Antennas and HVAC, mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | |||||||||||
(8)
CD-6 Urban Core Character District.
CD-6 Table 345.405.A-8 District Standards: Urban Core Character District |
 |
 |
 | |||||||||
 |  | ||||||||
Legend: | |||||||||
The following notations are utilized in this table: | |||||||||
| Permitted | ||||||||
| Not permitted | ||||||||
| Not applicable | ||||||||
| Required | ||||||||
| Not regulated | ||||||||
(a) | Block Size1 | ||||||||
Block Perimeter1 | 2,000 feet maximum or 3,000 feet maximum if a Parking Structure provided within Block | ||||||||
NOTE: | |||||||||
1Applicable only to Development Parcels. | |||||||||
(b) | Private Frontage Types | ||||||||
Common Yard | | ||||||||
Porch | | ||||||||
Fence | | ||||||||
Terrace/Lightwell | | ||||||||
Forecourt | | ||||||||
Stoop | | ||||||||
Shopfront | | ||||||||
Gallery | | ||||||||
Arcade | | ||||||||
Officefront | | ||||||||
See Table 345.405.G-1 (Private Frontage Types). | |||||||||
(c) | Civic Space Types1 | ||||||||
Natural Area | | ||||||||
Green | | ||||||||
Square | | ||||||||
Plaza | | ||||||||
Playground | | ||||||||
Sports Field | | ||||||||
Community Garden | | ||||||||
Pocket Park | | ||||||||
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | |||||||||
NOTE: | |||||||||
1Applicable only to Development Parcels. | |||||||||
(d) | Permitted Uses | ||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||||||||
(e) | Lot Occupation | ||||||||
Lot Width | 18 feet minimum | ||||||||
Lot Area | | ||||||||
Impervious Surface Coverage | 100% maximum | ||||||||
Lot Enfrontment | Must enfront a vehicular Thoroughfare, except ≤ 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | ||||||||
(f) | Number of Buildings | ||||||||
Principal Building | 1 maximum | ||||||||
Accessory Buildings | 1 maximum; in Third Lot Layer only | ||||||||
(g) | Setbacks: Principal Building | ||||||||
 | |||||||||
Front Setback, Principal Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | |||||||
Front Setback, Secondary Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | |||||||
Side Setback | 0 feet minimum; 24 feet maximum per side | | |||||||
Rear Setback | | | |||||||
(h) | Setbacks: Accessory Building | ||||||||
 | |||||||||
Frontage Setback, Principal Frontage | 40 feet maximum from rear property line | | |||||||
Side Setback | 0 feet minimum | | |||||||
Rear Setback | 3 feet maximum | | |||||||
(i) | Building Standards | ||||||||
[1] | Building Height | ||||||||
Principal Building | 6 Stories minimum to 12 Stories maximum | ||||||||
Accessory Building | 2 Stories maximum | ||||||||
[2] | Ceiling Height | ||||||||
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 14 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. | |||||||||
[3] | Facade | ||||||||
Frontage Buildout | 80% minimum | ||||||||
Entrances | Main Entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner | ||||||||
Location of Building at Frontage | Parallel to Frontage Lines | ||||||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | ||||||||
Blank Walls | at Frontage | ||||||||
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.). | ||||||||
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be ≥ 40% minimum | ||||||||
Facade Openings | Windows and/or doors spaced ≤ 20 feet apart Square or vertical in proportion in Shopfront, Gallery, and Arcade Frontages and except for transoms and sidelights. In Stories above first, Facade openings must be ≤ 50% of total Facade area. | ||||||||
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | ||||||||
Window Alignment | Upper floor windows and other features must be aligned with those of first floor | ||||||||
Facade Articulation | A Facade greater than 100 feet in width must be differentiated so that it appears to be comprised of 2 or more Adjacent Buildings, by dividing such Facade into 2 segments each of which: (1) Includes a separate entrance; (2) Differs from each of the other segments with respect to all of the following: (a) A change in shape, sill, and header height, detail, size, spacing, rhythm, and muntin pattern of windows; (b) A change of Building or cornice height; (c) A change in cornice details; (d) A change of wall material or wall color; (e) A change in trim courses and other horizontal elements; (f) A change in dormer or balcony design, if any, and (g) Providing or changing pilasters, columns, or other Facade elements; and (3) Is composed with a defined center and edges. (See illustration below.) | ||||||||
Facade Articulation (illustration) | | ||||||||
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade. Shopfront Frontages: at knee wall | ||||||||
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | ||||||||
Decks | at Frontage | ||||||||
[4] | Roof Type and Roof Pitch | ||||||||
Flat | | ||||||||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | ||||||||
Hip | | ||||||||
Gable | | ||||||||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12. | ||||||||
(j) | Building Types | ||||||||
Cottage | | ||||||||
House | | ||||||||
Estate House | | ||||||||
Duplex | | ||||||||
Townhouse | | ||||||||
Multifamily | | ||||||||
Live/Work | | ||||||||
Jewel Box | | ||||||||
Commercial | | ||||||||
Shop House | | ||||||||
Mixed Use | | ||||||||
Flex | | ||||||||
Mid-Rise | | ||||||||
High-Rise | | ||||||||
Civic | | ||||||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | |||||||||
(k) | Encroachments: Required Setbacks | ||||||||
Encroachment Type | Front | Side | Rear | ||||||
|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | | | | ||||||
Open Porches, including steps | | | | ||||||
Patio Decks, in permitted applicable Lot Layer | | | | ||||||
Openwork Fire Escapes and Balconies | | by no more than 6 feet | by no more than 6 feet | ||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | ||||||
Satellite dishes/antennas | | | | ||||||
Mechanical equipment, including HVAC | | | | ||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | ||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | ||||||
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | ||||||
Bicycle Parking | | | | ||||||
Stoops | | | | ||||||
Balconies and Bay Windows | | | | ||||||
(l) | Vehicular Parking Requirements | ||||||||
Off-Street Parking Location | in Third Lot Layer only, except for MTA Parking Lot, where in Second or Third Lot Layer only, provided that it is Screened from all Frontages by Streetscreen or Buildings | ||||||||
Off-Street Parking Surface | Asphalt, concrete or other hard surface | ||||||||
Garage Location | in Third Lot Layer only | ||||||||
Driveway/Vehicular Entrance Location | in any Lot Layer | ||||||||
Driveway/Vehicular Entrance Maximum Width | 24 feet maximum in First Lot Layer and Second Lot Layer, regardless if shared or not | ||||||||
Parking Structures | , if Screened from Frontage by Liner Buildings | ||||||||
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | ||||||||
(m) | Bicycle Parking Requirements | ||||||||
See Bicycle Parking requirement in § 345-405O. | |||||||||
(n) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | ||||||||
Off-Street Trash Receptacle/Dumpster | and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | ||||||||
Drive-Through Locations | in Third Lot Layer only and Special Exception Use approval must be obtained | ||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | in Third Lot Layer only | ||||||||
NOTE: | |||||||||
1Not including water meters. | |||||||||
(o) | Non-Building Components | ||||||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; in First Lot Layer | ||||||||
Solar Panels | in Third Lot Layer; in First or Second Lot Layer if parallel to and integrated into roof design. | ||||||||
Antennas and Satellite Equipment | in Third Lot Layer; in First or Second Lot Layer only if such Lot Layer is only possible location possible for satisfactory reception | ||||||||
Outdoor Grilling Equipment | in Third Lot Layer only | ||||||||
Recreation or Play Equipment | in Third Lot Layer only | ||||||||
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | ||||||||
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | ||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | ||||||||
(p) | Private Landscaping and Fencing | ||||||||
[1] | Landscaping | ||||||||
| if paved or ≤ 3 feet front setback; otherwise Shrubs continuous around foundation at Frontage | |||||||||
[2] | Walls and Fencing (not including Screens) | ||||||||
Height | 3.5 feet to 4 feet at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | ||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Water Body | ||||||||
Allowed Materials: | |||||||||
Natural Wood | at side and rear only | ||||||||
Brick or Stucco over Masonry | at side and rear only | ||||||||
Wrought Iron or Aluminum | | ||||||||
Chain-Link | at side and rear only | ||||||||
Barbed/razor | | ||||||||
(q) | Signs | ||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||||||
(r) | Lighting | ||||||||
See Private Lighting Standards in § 345-405S. | |||||||||
(s) | Buffers and Screens | ||||||||
Wall Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | ||||||||
Hedge Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | ||||||||
Wall or fence Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Receptacles | ||||||||
Hedge Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 inches of grade | ||||||||
Nonresidential and Multifamily Residential Screen Adjacent to or across Thoroughfare from non-Multifamily Residential | None required | ||||||||
Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | ||||||||
Satellite Dish Screen | | ||||||||
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | ||||||||
(9)
CD-6T Urban Core TOD Character District.
CD-6T Table 345.405.A-9 District Standards: Urban Core TOD Character District |
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Legend: | ||||||||||
The following notations are utilized in this table: | ||||||||||
| Permitted | |||||||||
| Not permitted | |||||||||
| Not applicable | |||||||||
| Required | |||||||||
| Not regulated | |||||||||
(a) | Block Size1 | |||||||||
Block Perimeter1 | 2,000 feet maximum or 3,000 feet maximum if a Parking Structure provided within Block | |||||||||
NOTE: | ||||||||||
1Applicable only to Development Parcels. | ||||||||||
(b) | Private Frontage Types | |||||||||
Common Yard | | |||||||||
Porch | | |||||||||
Fence | | |||||||||
Terrace/Lightwell | | |||||||||
Forecourt | | |||||||||
Stoop | | |||||||||
Shopfront | | |||||||||
Gallery | | |||||||||
Arcade | | |||||||||
Officefront | | |||||||||
See Table 345.405.G-1 (Private Frontage Types). | ||||||||||
(c) | Civic Space Types1 | |||||||||
Natural Area | | |||||||||
Green | | |||||||||
Square | | |||||||||
Plaza | | |||||||||
Playground | | |||||||||
Sports Field | | |||||||||
Community Garden | | |||||||||
Pocket Park | | |||||||||
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | ||||||||||
NOTE: | ||||||||||
1Applicable only to Development Parcels. | ||||||||||
(d) | Permitted Uses | |||||||||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | ||||||||||
(e) | Lot Occupation | |||||||||
Lot Width | 18 feet minimum; 250 feet maximum | |||||||||
Lot Area | | |||||||||
Impervious Surface Coverage | 100% maximum | |||||||||
Lot Enfrontment | Must enfront a vehicular Thoroughfare, except ≤ 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | |||||||||
(f) | Number of Buildings | |||||||||
Principal Building | 1 maximum | |||||||||
Accessory Buildings | 1 maximum; in Third Lot Layer only | |||||||||
(g) | Setbacks: Principal Building | |||||||||
 | ||||||||||
Front Setback, Principal Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | ||||||||
Front Setback, Secondary Frontage | 0 feet at corners; 0 feet minimum; 15 feet maximum elsewhere | | ||||||||
Side Setback | 0 feet minimum; 24 feet maximum per side | | ||||||||
Rear Setback | | | ||||||||
(h) | Setbacks: Accessory Building | |||||||||
 | ||||||||||
Front Setback, Principal Frontage | 40 feet maximum from near property line | | ||||||||
Side Setback | 0 feet minimum | | ||||||||
Rear Setback | 3 feet maximum | | ||||||||
(i) | Building Standards | |||||||||
[1] | Building Height1 | |||||||||
Principal Building | 6 Stories minimum to 15 Stories maximum | |||||||||
Accessory Building | 2 Stories maximum | |||||||||
NOTE: | ||||||||||
1Stories do not include any top floor that is less than 25% of the Floor Area of the floor immediately below, where said top floor does not contain residential Dwelling Units. | ||||||||||
[2] | Ceiling Height | |||||||||
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 14 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. | ||||||||||
[3] | Facade | |||||||||
Frontage Buildout | 80% minimum | |||||||||
Entrances | Main Entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner.2 | |||||||||
Location of Building at Frontage | Parallel to Frontage Lines | |||||||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | |||||||||
Blank Walls | at Frontage | |||||||||
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.). | |||||||||
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be ≥ 40% minimum | |||||||||
Facade Openings | Windows and/or doors spaced ≤ 20 feet apart Square or vertical in proportion in Shopfront, Gallery, and Arcade Frontages and except for transoms and sidelights. In Stories above first, Facade openings must be ≤ 50% of total Facade area. | |||||||||
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | |||||||||
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | |||||||||
Facade Articulation | A Facade greater than 100 feet in width must be differentiated so that it appears to be comprised of two or more Adjacent Buildings, by dividing such Facade into 2 segments each of which: (1) Includes a separate entrance; (2) Differs from each of the other segments with respect to all of the following: (a) A change in shape, sill, and header height, detail, size, spacing, rhythm, and muntin pattern of windows; (b) A change of Building or cornice height; (c) A change in cornice details; (d) A change of wall material or wall color; (e) A change in trim courses and other horizontal elements; (f) A change in dormer or balcony design, if any; and (g) Providing or changing pilasters, columns, or other Facade elements; and (3) Is composed with a defined center and edges. (See illustration below.) | |||||||||
Facade Articulation (illustration) | | |||||||||
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade. Shopfront Frontages: at knee wall | |||||||||
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | |||||||||
Decks | at Frontage | |||||||||
NOTE: | ||||||||||
2Except that main entrances to residential portions of the Building may be located at Secondary Frontage | ||||||||||
[4] | Roof Type and Roof Pitch | |||||||||
Flat | | |||||||||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | |||||||||
Hip | | |||||||||
Gable | | |||||||||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12. | |||||||||
(j) | Building Types | |||||||||
Cottage | | |||||||||
House | | |||||||||
Estate House | | |||||||||
Duplex | | |||||||||
Townhouse | | |||||||||
Multifamily | | |||||||||
Live/Work | | |||||||||
Jewel Box | | |||||||||
Commercial | | |||||||||
Shop House | | |||||||||
Mixed Use | | |||||||||
Flex | | |||||||||
Mid-Rise | | |||||||||
High-Rise | | |||||||||
Civic | | |||||||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | ||||||||||
(k) | Encroachments: Required Setbacks | |||||||||
Encroachment Type | Front | Side | Rear | |||||||
|---|---|---|---|---|---|---|---|---|---|---|
Steps to Building Entrance | | | | |||||||
Open Porches, including steps | | | | |||||||
Patio Decks, in permitted applicable Lot Layer | | | | |||||||
Openwork Fire Escapes and Balconies | | by no more than 6 feet | by no more than 6 feet | |||||||
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | |||||||
Satellite dishes/antennas | | | | |||||||
Mechanical equipment, including HVAC | | | | |||||||
Utility lines, wires and associated Structures (e.g., poles) | | | | |||||||
Fences, hedges, walls, Shrubbery, and other landscape features | | | | |||||||
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | |||||||
Bicycle Parking | | | | |||||||
Stoops | | | | |||||||
Balconies and Bay Windows | | | | |||||||
(l) | Vehicular Parking Requirements | |||||||||
Off-Street Parking Location | in Third Lot Layer only, except for MTA Parking Lot, where in Second or Third Lot Layer only, provided that it is screened from all Frontages by Streetscreen or Buildings | |||||||||
Off-Street Parking Surface | Asphalt, concrete or other hard surface | |||||||||
Garage Location | in Third Lot Layer only | |||||||||
Driveway/Vehicular Entrance Location | in any Lot Layer | |||||||||
Driveway/Vehicular Entrance Maximum Width | 24 feet maximum in First Lot Layer and Second Lot Layer, regardless if shared or not | |||||||||
Parking Structures | if Screened from Frontage by Liner Buildings | |||||||||
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | |||||||||
(m) | Bicycle Parking Requirements | |||||||||
See Bicycle Parking requirement in § 345-405O. | ||||||||||
(n) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | |||||||||
Off-Street Trash Receptacle/Dumpster | and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | |||||||||
Drive-Through Locations | in Third Lot Layer only and Special Exception Use approval must be obtained | |||||||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Location | in Third Lot Layer only | |||||||||
NOTE: | ||||||||||
1Not including water meters. | ||||||||||
(o) | Non-Building Components | |||||||||
Heating anE Air Conditioning Equipment, Utility, Service and Mechanical equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; in First Lot Layer | |||||||||
Solar Panels | in Third Lot Layer; in First or Second Lot Layer if parallel to and integrated into roof design | |||||||||
Antennas and Satellite Equipment | in Third Lot Layer; in First or Second Lot Layer only if such Lot Layer is only possible location possible for satisfactory reception | |||||||||
Outdoor Grilling Equipment | in Third Lot Layer only | |||||||||
Recreation or Play Equipment | in Third Lot Layer only | |||||||||
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | |||||||||
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | |||||||||
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | |||||||||
(p) | Private Landscaping and Fencing | |||||||||
[1] | Landscaping | |||||||||
| if paved or ≤ 3 feet front Setback; otherwise Shrubs continuous around foundation at Frontage | ||||||||||
[2] | Walls and Fencing (not including Screens) | |||||||||
Height | 3.5 feet to 4 feet at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | |||||||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or water body | |||||||||
Allowed Materials: | ||||||||||
Natural Wood | at side and rear only | |||||||||
Brick or Stucco over Masonry | at side and rear only | |||||||||
Wrought Iron or Aluminum | | |||||||||
Chain-Link | at side and rear only | |||||||||
Barbed/razor | | |||||||||
(q) | Signs | |||||||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | ||||||||||
(r) | Lighting | |||||||||
See Private Lighting Standards in § 345-405S. | ||||||||||
(s) | Buffers and Screens | |||||||||
Wall Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | |||||||||
Hedge Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | |||||||||
Wall or fence Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for dumpsters and trash receptacles | |||||||||
Hedge Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 inches of grade | |||||||||
Nonresidential and Multifamily Residential Screen Adjacent to or across Thoroughfare from non-Multifamily Residential | None required | |||||||||
Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent property | except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | |||||||||
Satellite Dish Screen | | |||||||||
Rooftop Antennas and HVAC, Mechanical and other equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | |||||||||
(10)
SD-PRD Planned Residential Special District.
SD-PRD Table 345.405.A-10 District Standards: Planned Residential Special District |
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 |  | |
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The following are regulations adopted November 5, 1979, by the Board of Trustees as Local Law No. 17-1979 to govern areas designated as Planned Residential District in the Village, which areas are designated as SD-PRD Planned Residential Special District in this chapter. This Table 345.405.A-10 includes standards and requirements to regulate such SD-PRD areas. |
Formatting, paragraph numbering, and headings have been added or revised to facilitate ease of use. |
Pursuant to § 345-303C of this chapter, no additional areas within the Village may be designated SD-PRD after the effective date of this chapter. |
With the exception of § 345-303C of this chapter, if there is any conflict between provisions of this Table 345.405.A-10 and any other provision of this chapter, this section shall control. |
A .
Purpose of District.
(1)
Purpose. It is the purpose of this planned residential development (PRD) section to provide performance criteria as the basis for flexible use and design regulations so that residential developments incorporating a variety of residential types and containing both individual building sites and common property may be planned and developed in a unified manner on those large tracts of vacant or predominantly vacant land that are appropriate for such use.
(2)
Further Intent. It is further the intent:
(a)
To encourage innovations in residential development so that the growing demands for housing of different types at all economic levels may be met by greater variety in type, design and siting of dwellings.
(b)
To encourage the maximum reasonable conservation and the most efficient possible use of large tracts of land.
(3)
Objectives Unachievable by Regulations. These objectives cannot be achieved through the use of rigid and uniform traditional bulk and use zoning and subdivision regulations.
B.
Rezoning to PRD. Where PRD techniques are deemed appropriate, the rezoning of land to a Planned Residential Development District by the Board of Trustees replaces the use and dimensional specifications contained elsewhere in this chapter by an approval process in which an approved plan becomes the basis for continuing land use controls. Among the specific objectives which are to be achieved through the use of PRD techniques are the following:
(1)
Choices of housing types: an increase in choices of housing types (one-family detached, semidetached, attached and multifamily dwellings) available to Village residents.
(2)
Open space and recreation area: more usable open space and recreation areas.
(3)
Preservation: preservation of trees and outstanding natural topographic and geological features and prevention of soil erosion.
(4)
Utilities and streets: a smaller network of utilities and streets which would lower housing and public maintenance costs.
(5)
Desirable environment: a more desirable environment than would be possible through the strict application of other provisions of this regulation.
C.
Standards and General Requirements.
(1)
Minimum Area. The minimum area to qualify for a PRD District shall be 10 contiguous acres of land. Where the applicant can demonstrate that the characteristics of his holdings will meet the objectives of this section, plans covering lesser acreage may be considered.
(2)
Access. A PRD shall have access to an arterial street.
(3)
Permitted Uses. The following shall be permitted uses:
(5)
Residential Density.
(a)
The gross density, measured over the entire tract but exclusive of any land to be occupied by public recreational facilities whose use is not limited to the residents of the PRD (and such land shall not be included in the gross measure of the tract), shall be based upon the following minimum lot area formula:
SD-PRD Residential Density | |
|---|---|
Dwelling Size | Lot Area (square feet) |
Studio and 1 bedroom | 5,000 |
2 bedrooms | 6,500 |
3 bedrooms | 9,000 |
(b)
In no case shall one dwelling size (studio, one, two, or three bedrooms) exceed 70% of the total number of dwelling units.
(c)
There shall be off-street parking facilities provided as follows:
SD-PRD Schedule of Off-Street Parking Space Requirements | |
|---|---|
Uses | Number of Spaces Required1 |
Planned Residential Development (PRD) | 2 per Dwelling Unit |
NOTE: | |
1 | For Residential Land Uses. |
(d)
Required minimum Usable Open Space shall be provided as follows: for each Dwelling Unit, 3,500 square feet.
(e)
Maximum height of buildings shall be 2 1/2 stories or 35 feet.
(6)
Common Areas and Facilities.
(a)
Common areas and facilities in a PRD are 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 sites or dwelling units. Where common areas or facilities exist, the ownership of such property may be either public or private. Where such areas or facilities are not dedicated to the Village of Port Chester or other public agency, the owner shall provide for and establish an organization for the continued ownership and maintenance thereof. Such organization shall not be dissolved nor shall it dispose of any common areas or facilities by sale or otherwise.
(b)
In the event that the organization established to own and maintain common areas or facilities, or any successor organization, shall, at any time after establishment of the planned residential development, fail to maintain the common areas or facilities in reasonable order and condition in accordance with the approved plan, the Village of Port Chester may serve written notice upon such organization or upon the residents and owners of the PRD setting forth the manner in which the organization has failed to maintain the common areas or facilities in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 30 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such a hearing, the Village may extend the time within which the deficiencies shall be cured. If the deficiencies set forth in the original notice shall not be cured within said 30 days or extension thereof, the Village, in order to preserve the taxable values of the property within the PRD and to prevent the common property from becoming a public nuisance, may enter upon said common areas or facilities and maintain the same. Said entry and maintenance shall not vest in the public any rights to use the common areas or facilities except when the same is voluntarily dedicated to the public by residents or owners. The cost of such maintenance by the Village shall be assessed equally against the properties within the PRD that have a right of enjoyment of the common areas or facilities and shall become a tax lien on said properties. The Village, at the time of entering upon said common areas or facilities for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the PRD.
D.
Site and Structure Requirements.
(1)
Preservation of Natural Features. It shall be the Village policy with regards to the SD-PRD District to preserve and incorporate into the landscaping of the development natural features such as streams, rock outcrops, trees, and shrubs. All trees with a diameter of eight inches or more, measured three feet from the base of the tree, shall be preserved to the fullest extent possible, consistent with good design, engineering and reasonable development of the site. Permission to remove any such trees shall be subject to approval by the Planning Commission.
(2)
Supplementary Drainage. Where adequate surface drainage is not possible by grading alone, a supplementary drainage system approved by the Village Engineer shall be required.
(3)
Underground Utilities. All electric, telephone, cable television and similar equipment in a PRD shall be installed underground in accordance with the New York State Public Service Commission regulations.
(4)
Lots and Structures. Lot sizes and dimensions, and structure locations thereon, may be freely disposed and arranged in conformity with the overall density standards set forth herein. In reviewing any application for a PRD, the Planning Commission shall be guided by standards set elsewhere in this chapter for comparable uses and by common good planning practice, to the end that the resulting development is compatible with the surroundings and to assure the stability of the uses proposed to be developed on the site.
(5)
Right-of-Way and Pavement. The right-of-way and pavement widths for internal roads serving multifamily dwellings shall be adequate and sufficient in size, location, and design to accommodate the maximum traffic, parking and loading needs, and the access of fire-fighting equipment and police or emergency vehicles. The pavement of the main access road into and through the interior of the PRD shall be not less than minimum standards for public roads and shall be subject to all applicable Village standards. The pavement of the interior roads shall meet such standards as shall be approved by the Planning Commission and the Board of Trustees, and such requirements shall be made part of the final site plan.
(6)
Developer Improvements. The developer shall provide all necessary on-site water and sewer facilities, including, if necessary, water storage tanks, storm drainage, highway access, paved service streets, sidewalks, parking and loading facilities, lighting, fire alarm system, and other necessary facilities, making reasonable provision for utility service connections with adjoining properties in other ownerships. Such proposed improvements shall be subject to review and approval by the appropriate Village or private authority having jurisdiction thereof.
(7)
Buffer. A buffer strip shall be provided along any property line and along any street line. Said strip shall be at least 50 feet in depth measured inward from the street line and any property line and shall be suitably landscaped with grass and shrubs, trees or other ground cover or such screening as the Planning Commission may prescribe. No parking shall be permitted in this area.
(8)
Coverage. Maximum land coverage of the site shall be 30%. Said calculation of coverage will include buildings, roads and parking.
(9)
Recreational Facilities. It shall be a condition of site plan approval that the applicant shall provide for recreational facilities in accordance with Village Code Chapter A402 (Land Subdivision Regulations).
(10)
Maximum Number of Dwelling Units. No more than eight dwelling units may be attached, semiattached, grouped, or clustered into a contiguous structure.
E.
Application Procedure and Approval Process.
(1)
Submission of Preliminary Site Plan and Zoning Map Change application.
(a)
In order to allow the Planning Commission and the applicant to reach an understanding on basic design requirements and the appropriateness of rezoning at the earliest opportunity, the applicant shall submit a preliminary site plan of his or her proposal to the Planning Commission. The preliminary site plan, which shall be accompanied by a Zoning Map Change application, shall be approximately to scale, though it need not be to the precision of a finished engineering drawing, and it shall clearly show the following:
[1]
The disposition of various land uses and the areas 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]
Delineation of the various residential areas, indicating the number of dwelling units by each housing type and size, plus a calculation of the density in accordance with the formula described in Subsection C(5)(a) above.
[4]
The interior common open space system and a statement as to how it is to be owned and maintained.
[5]
The interior drainage system and how it is proposed to be connected to the drainage systems of adjoining areas.
[6]
If the development is to be staged, clear indication of how the staging is to proceed.
[8]
Evidence on the applicant's own behalf to demonstrate his competence to carry out the plan and his awareness of the financial and organizational scope of such a project.
(b)
The Planning Commission shall review the preliminary site plan and all related documents and shall render either a favorable report to the Board of Trustees or an unfavorable report to the applicant within 45 days. If no report has been rendered after 45 days, the applicant may proceed as if a favorable report were given to the Board of Trustees.
[1]
A favorable report shall include a recommendation to the Board of Trustees that a public hearing be held for the purpose of considering the desirability of mapping the subject property as a SD-PRD District.
[2]
If there is an unfavorable report on the preliminary site plan, the Planning Commission's statement shall contain the reasons for such findings. In such case, the Planning Commission may recommend further study of the site plan and a resubmission of the preliminary site plan after it has been revised or redesigned.
(2)
Zoning Map Change.
(a)
Upon receipt of a favorable report from the Planning Commission, the Board of Trustees shall conduct a public hearing for the purpose of considering a Zoning Map Change to place the subject property in a SD-PRD District. Said public hearing must be conducted within 30 days of the receipt of the favorable report.
(b)
The Board of Trustees shall follow referral procedures for Zoning Map Changes.
(c)
The Board of Trustees shall act on the Zoning Map Change application within 90 days of the authorization for a public hearing. Approval of the SD-PRD District application shall be duly noted on the Official Zoning Map of the Village of Port Chester.
(3)
Application for Final Site Plan Approval.
(a)
Following rezoning of a property to the SD-PRD District, the applicant shall submit an application for final site plan review. The application for final site plan shall be made within three months from the date of the Board of Trustee's approval for the Zoning Map Change.
(b)
The final site plan shall conform substantially to the approved preliminary site plan. It should incorporate any appropriate revisions or other features that may have been recommended by the Planning Commission and the Board of Trustees.
(c)
The final site plan shall be endorsed with the necessary agreements in connection with required easements or other releases.
(d)
As a condition of final site plan approval and forming a part thereof, the developer of a PRD shall be required to file with the Board of Trustees of the Village of Port Chester a bond in an amount estimated by the Board of Trustees to secure the Village the actual and satisfactory construction and installation of required improvements. The period within which required improvements shall be constructed shall be specified by the Board of Trustees and expressed in the bond. Such performance bond shall comply with the applicable provisions of the Village Law and shall be approved by the Village Attorney as to form, sufficiency, and manner of execution. The bond shall provide that an amount determined by the Board of Trustees to be adequate shall be retained for a period of two years from the date of completion of the required improvements to ensure the satisfactory condition of the initial improvements. The estimated cost of Village inspections of required improvements shall be included in the amount of such bond.
(11)
SD-PMU Planned Mixed-Use Special District.
SD-PMU Table 345.405.A-11 District Standards: Planned Mixed-Use Special District |
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The following are regulations adopted by the Board of Trustees as amendments to former § 345-62 pursuant to Local Law No. I-4 of 2017 entitled "A Local Law Amending the Code of the Village of Port Chester, Chapter 345, "Zoning," with regard to the Planned Mixed Use District, in order to govern areas designated as Planned Mixed Use District. Such areas are designated as SD-PMU Planned Mixed Use Special District in this chapter. This Table 345.405.A-11 includes standards and requirements to regulate such SD-PMU areas. |
Formatting, paragraph numbering, and headings have been added or revised to facilitate ease of use. |
Pursuant to § 345-303C of this chapter, no additional areas within the Village may be designated SD-PMU after the effective date of this chapter. |
With the exception of § 345-303C of this chapter, if there is any conflict between provisions of this Table 345.405.A-11 and any other provision of this chapter, this table shall control. |
A.
Purpose of District.
(1)
Redevelopment of Certain Property. It is the purpose of the Planned Mixed Use Special District (SD-PMU) to provide an opportunity for appropriately scaled and context-sensitive redevelopment to replace the decommissioned hospital located at 406 Boston Post Road and/or the adjacent twelve-story residential building located at 999 High Street, which together comprise the largest remaining potential development site in the Village, at approximately 15 acres, and a prominent gateway to the Village.
(2)
Providing Standards. This subsection provides the criteria and design standards so that high-quality, mixed-use development, including a variety of commercial, office, residential, and community facility uses, may be planned and developed in a unified and architecturally appropriate manner. The mixed-use development shall encourage active pedestrian uses through appropriately designed, furnished, lighted, and planted streetscapes and open spaces.
(3)
Integrated Mixed-Use. This subsection creates an incentive zoning program tailored to the type of integrated mixed-use development envisioned for the SD-PMU District in the 2012 Village of Port Chester Comprehensive Plan ("Comprehensive Plan"). It provides a mechanism for the community to receive one or more defined community benefits that would not otherwise be provided in exchange for an applicant receiving additional development density.
(4)
Identification of Site. The development standards contained in this section shall apply to the PMU site, known as "Section 141.052, Block 1, Lot 2," and "Section 141.052, Block 1, Lot 2.4" and "Section 141.052, Block 1, Lot 2.1" on the boundary survey titled "Topographic Survey," prepared by Barrett, Bonacci and Van Weele, PC and dated August 5, 2014 and revised through January 17, 2015, available in the Village Clerk's office.
B.
Uses. The creation of a mixed-use development on the PMU site shall be comprised of one or a combination of the following:
(1)
Permitted Principal Uses. See Table 345.405.K-1 (Building and Lot Principal Uses).
(2)
Permitted Accessory Uses. See Table 345.405.K-2 (Building and Lot Accessory Uses).
(3)
Special Exception Uses. See Table 345.405.K-1 (Building and Lot Principal Uses).
(4)
Temporary Uses. See Table 345.405.K-3 (Building and Lot Temporary Uses).
C.
Dimensional Standards and Requirements.
(1)
Application. Dimensional standards shall apply to the SD-PMU site as a whole, as defined in Subsection A(4) above. All buildings and site coverage within the PMU site shall count toward calculations of floor area ratio (FAR), site coverage and all other dimensional requirements. For purposes of calculating FAR, site coverage, building coverage, and other dimensional requirements, the lot area for the PMU is considered to be the total area of the PMU site.
Dimensional Standards and Requirements | |
|---|---|
Maximum Floor Area Ratio (FAR) | 0.81 |
Minimum FAR for All Nonresidential Uses | 25% |
Maximum Site Coverage (buildings, access roads and parking, but excluding walkways) | 90% |
Maximum Height of Building | 8 stories |
Ceiling Height | First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 14 feet for Nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. |
Minimum Usable Open Space on Lot | 100 square feet for each dwelling unit |
1A floor area ratio (FAR) bonus of 0.8 is available in accordance with the Zoning Incentives and Community Benefits Program; see Subsection E. | |
D.
Parking and Loading.
(1)
Design and Location. Off-street parking and loading areas shall be designed and located based on a site-wide plan approved as part of a site plan approval.
(2)
Landscaping. In order to soften the appearance of surface parking lots, surface parking lots shall be landscaped with groundcover, grasses, or low shrubs.
(3)
Reduction of Required Spaces. The Board of Trustees, pursuant to its authority under Subsection H below, may reduce the number of off-street parking and loading spaces required by § 345-405N and P, based upon a finding that, owing to the combination of uses proposed, adherence to the off-street parking and loading standards would result in the construction of unnecessary off-street parking spaces. This finding must be based on a shared parking/loading analysis completed by the applicant and approved by the Board of Trustees at its discretion as determined during the site plan approval process. Shared parking and loading approvals shall be conditions of site plan approval and will be enforceable on all subsequent owners of property within the PMU site.
E.
Zoning Incentives and Community Benefits Program.
(1)
Finding. Owing to the existing conditions of the lots within the PMU District and the unique nature of the integrated mixed-use development envisioned for the PMU District by the Comprehensive Plan, and in accordance with § 7-703 of the Village Law of the State of New York, the Village finds it necessary to provide for a system of zoning incentives in exchange for specific community benefits.
(2)
Additional FAR Allowance. Applicants for new development within the PMU District shall earn additional development potential of an additional FAR of 0.8 by a monetary contribution in the amount of $3,000,000 to the following Village community benefit fund:
(a)
The Community Planning and Rehabilitation Fund, to include, but not be limited to, funding of neighborhood revitalization, affordable housing, community planning, and housing rehabilitation.
(3)
Maximum FAR. In no cases shall the maximum FAR for a site, including additional floor area granted pursuant to this section, be more than 1.60.
F.
Design Criteria. In order to implement the vision of an integrated mixed-use development envisioned by the Comprehensive Plan, the following design requirements shall apply to all development within the SD-PMU District. Applications for site plan approval shall include specific design standards, to be approved by the Board of Trustees, which implement these requirements.
(1)
Consolidated Site. Projects shall consider all contiguous lots proposed to be included within a proposed development as one site and the site plan shall reflect this integrated design concept.
(2)
Streets. Projects shall feature an interior street grid and limit the use of dead-end streets.
(3)
Pedestrian and Bicycle Accommodations. Adequate facilities for pedestrians and bicycles shall be provided, and the site plan shall demonstrate that adequate and safe circulation for pedestrians and bicyclists exists within the site and between the site and the surrounding land area.
(4)
Modes of Transportation. Facilities for alternative modes of transportation, including mass-transit, pedestrian, and bicycles, shall be integrated into the site design to the maximum extent practicable.
(5)
Any street level uses along Boston Post Road shall be commercial uses.
(6)
Access to Abendroth Park. Public access to Abendroth Park shall be provided to the maximum extent practicable.
(7)
Architecture: General. Street-level architecture shall reinforce the importance of the pedestrian and public realms. Ribbon windows are discouraged, while windows that are distinguished from the shaft of the building through the use of arches, pediments, mullions, and other treatments are encouraged.
(8)
Architecture: Certain Facades. Facades visible from Boston Post Road and Interstate 287 (I-287) shall reflect the architectural significance of their location within the site and their significance as a gateway into the Village of Port Chester.
(9)
Diversity of Building Design. Sites shall contain a variety of building design types to avoid excessive similarity in visual appearance.
(10)
Building Composition. Buildings shall be architecturally broken up vertically into a base (first floor only), middle, and top. Likewise, buildings should be broken up architecturally into bays. These sections should be defined by building articulation or change in materials. No solid expanse of wall may exceed 30 feet in length.
(11)
Certain Architectural Elements. Architectural elements, such as cornices, belt courses, corbelling, molding, string courses, ornamentation, changes in material or color, and other sculpturing of the base, shall be provided to add special interest.
(12)
Vinyl Siding Prohibited. Vinyl siding of any type or grade shall be prohibited on any building facade.
(13)
Screening of Parking. Parking structures shall be screened from Boston Post Road and any primary internal roadways with building uses or shall include architectural materials, elements, and treatments that are consistent with the design and quality of the proximate buildings. No vehicles shall be visible from the Boston Post Road or any primary internal roadway, except at the entrances to the structure. Where residential buildings face onto garage facades within 100 feet, garage spandrels facing those residential buildings shall be high enough (at least 30 inches) to block light from car headlights.
(14)
Parking Ramps. Ramps servicing levels of parking shall be internal and not visible from Boston Post Road and any primary internal roadway, to the maximum extent practicable.
(15)
Screening of Rooftop Equipment. Rooftop mechanical equipment shall be screened.
(16)
Screening of Wireless Antennas. Wireless antennas shall be screened, appropriately masked or otherwise be stealthed.
(17)
Streetscape Furnishings. The streetscape, including any open space, shall be appropriately furnished to facilitate the goals of the SD-PMU District, including the activation of the site for pedestrian use. A specific palette of street tree, lighting, sidewalk, and furnishing components shall be submitted by an applicant for site plan approval and shall be approved by the Board of Trustees.
G.
Green Building and Site Planning. The intent of this subsection is to identify new and refer to the existing green building regulations within the Code of the Village of Port Chester. All new development within the SD-PMU District shall adhere to the regulations contained in this subsection.
(1)
Checklists Required. Any application for new commercial, mixed-use, or multifamily buildings shall provide a completed Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND) checklist, Enterprise Green Communities checklist, Institute of Sustainable Infrastructure (ISI) Envision checklist, or equivalent green project checklist acceptable to the Planning and Economic Development Zoning Administrator.
(2)
Stormwater Management: Village. All new development shall conform to Chapter 281, Stormwater Management, of the Code of the Village of Port Chester.
(3)
Stormwater Management: State. All new development shall conform to the applicable requirements set forth in the most current version of the New York State Stormwater Design Manual, as interpreted by the Village of Port Chester, especially Chapter 5, Green Infrastructure Practices.
(4)
Efficient Fixtures and Technologies. Energy- and water-efficient fixtures and building technologies shall be incorporated that meet the requirements of the New York State Energy Code.
(5)
Pervious Surfaces. The use of pervious surfaces shall be permitted on all sites.
(6)
Green Roofs. Green roofs shall be permitted for all building types.
(7)
Recycling Construction Waste. The recycling of construction waste shall be required.
H.
Site Plan Approval.
(1)
Decisionmaking Authority. The Board of Trustees shall be the Decisionmaking Authority for site plan applications within the SD-PMU District, excluding Special Exception Use approval for Wireless Telecommunication Only Facility applications, which shall be the purview of the Planning Commission.
(2)
Procedures and Criteria. The Board of Trustees, in exercising this authority, will follow the procedures and criteria in Article 8 (Administration, Procedures and Enforcement).
(3)
Submissions. All site plan applications shall adhere to the submission procedures, criteria, and standards listed in Article 8 (Administration, Procedures and Enforcement).
(4)
Referral to Planning Commission. The Board of Trustees shall refer the site plan application to the Planning Commission for its review and recommendation.
(12)
C1 Neighborhood District.
C1: Table 345.405.A-12 District Standards: Neighborhood District |
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Legend: | |
The following notations are utilized in this table: | |
| Permitted |
| Not permitted |
| Not applicable |
| Required |
| Not regulated |
(a) | Private Frontage Types | |
Common Yard |  | |
Porch | | |
Fence | | |
Terrace/Lightwell | | |
Forecourt | | |
Stoop | | |
Shopfront | | |
Gallery | | |
Arcade | | |
Officefront | | |
See Table 345.405.G-1 (Private Frontage Types). | ||
(b) | Civic Space Types1 | |
Natural Area | | |
Green | | |
Square | | |
Plaza | | |
Playground | | |
Sport Field | | |
Community Garden | | |
Pocket Park | | |
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | ||
NOTE: 1 Applicable only to Development Parcels. | ||
(c) | Permitted Uses | ||
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |||
(d) | Lot Occupation | ||
Lot Width | 18 feet minimum | ||
Lot Area | | ||
Impervious Surface Coverage | 90% maximum | ||
Lot Enfrontment | Must enfront a vehicular Thoroughfare, except < 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | ||
Floor Area Ratio (FAR) | 1 maximum; 0.35 for 1 Story | ||
(e) | Number of Buildings | ||
Principal Building | 1 maximum | ||
Accessory Buildings | 1 maximum; in Third Lot Layer only | ||
(f) | Setbacks: Principal Building | ||
 | |||
Front Setback, Principal Frontage | If existing Principal Building(s) with common side Lot Line, shall be the average front setback of the Block face; otherwise, 3 feet minimum, 20 feet maximum | | |
Front Setback, Secondary Frontage | 3 feet minimum, 20 feet maximum | | |
Side Setback | 7 feet minimum on one side; or 10 feet minimum total | | |
Rear Setback | 3 feet minimum; or 15 feet from center line of Rear Alley. Properties with a lot depth greater than 120 feet shall require a minimum setback of 15 feet | | |
(g) | Setback: Accessory Building | ||
 | |||
Front Setback, Principal Frontage | 20 feet minimum plus Principal Building Front Setback | | |
Front Setback, Secondary Frontage | 3 feet minimum | | |
Side Setback | 0 feet minimum | | |
Rear Setback | 3 feet minimum or 5 feet minimum if Garage door faces Rear Alley | | |
(h) | Building Standards | |
[1] | Building Height1 | |
Principal Building | 2 Stories maximum/35 feet | |
Accessory Building | 2 Stories maximum | |
NOTE: 1 Stories do not include Attics and Basements. | ||
[2] | Ceiling Height | |
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 25 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use | ||
[3] | Facade | |
Frontage Buildout | 60% minimum | |
Entrances | Main Entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner | |
Location of Building at Frontage | Parallel to Frontage Lines | |
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | |
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.). | |
Blank Walls | at Frontage | |
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be > 40% minimum | |
Facade Openings | Windows and/or doors spaced < 20 feet apart. Openings must be square or vertical in proportion, except in Shopfront or Gallery Frontage, and except for transoms and sidelights. Windows in Facade and First and Second Lot Layers must be single-hung, double-hung, casement or awning types. In Stories above first, Facade openings must be < 50% of total Facade area. | |
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | |
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | |
Facade Articulation | | |
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | |
Decks | at Frontage | |
[4] | Roof Type and Roof Pitch | ||
Flat | | ||
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | ||
Hip | | ||
Gable | | ||
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12 and that roof pitch may match the primary roof pitch of an existing building that is less than 8:12. | ||
(i) | Building Types | |
Cottage | | |
House | | |
Estate House | | |
Duplex | | |
Townhouse | | |
Multifamily | | |
Live/Work | | |
Jewel Box | | |
Commercial | | |
Shop House | | |
Mixed Use | | |
Flex | | |
Mid-Rise | | |
High-Rise | | |
Civic | | |
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | ||
(j) | Encroachments: Required Setbacks | |||
|---|---|---|---|---|
Encroachment Type | Front | Side | Rear | |
Steps to Building Entrance | | | | |
Open Porches, including steps | up to 50% of Setback | | | |
Patio Decks, in permitted applicable Lot Layer | | | | |
Openwork Fire Escapes and Fire Balconies | | by no more than 6 feet | by no more than 6 feet | |
Chimney flues, sills, belt courses, cornices, buttresses eaves and other Architectural Features | | | | |
Satellite dishes/antennas | | | | |
Mechanical equipment, including HVAC | | | | |
Underground utility lines, wires and associated Structures (e.g., poles) | | | | |
Fences, hedges, walls, Shrubbery, and other landscape features | | | | |
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | |
Bicycle Parking | | | | |
Stoops | | | | |
Balconies and Bay Windows | | | | |
(k) | Vehicular Parking Requirements [Amended 12-2-2024 by L.L. No. 19-2024] | |
Off-Street Parking Location | | |
Off-Street Parking Surface | Use of permeable pavement is encouraged; however, it shall count as an impervious surface for the purposes calculating the Impervious Surface Coverage. Prepared surface of gravel, asphalt, concrete or other hard surface is permitted. | |
Garage Location | in Third Lot Layer only | |
Driveway/Vehicular Entrance Location | in any Lot Layer | |
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum in First Lot Layer if Residential; 24 feet maximum in First Lot Layer if nonresidential, regardless if shared or not | |
Parking Structures | , if Screened from Frontage by Liner Buildings | |
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | |
(l) | Bicycle Parking Requirements |
See Bicycle Parking requirement in § 345-405O. | |
(m) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | |
Off-Street Trash Receptacle/Dumpster | for all Building Types and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | |
Drive-Through Locations | | |
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | in Third Lot Layer only. | |
NOTE: 1 Not including water meters | ||
(n) | Non-Building Components | |
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; NP in First Lot Layer | |
Solar Panels | in Third Lot Layer; in First or Second Lot Layer parallel to and integrated into roof design | |
Antennas and Satellite Equipment | in Third Lot Layer only | |
Outdoor Grilling Equipment | in Third Lot Layer only | |
Recreation or Play Equipment | in Third Lot Layer only | |
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | |
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | |
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | |
(o) | Private Landscaping and Fencing | |
[1] | Walls and Fencing (not including Screens) | |
Height | 3.5 feet to 4 feet at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | |
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | |
Allowed Materials: | ||
Natural Wood | Only picket type allowed at Frontage; other types allowed on sides and at rear | |
Brick or Stucco over Masonry | | |
Wrought Iron or Aluminum | | |
Chain-Link | at rear and sides only | |
Barbed/razor | | |
(p) | Signs |
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |
(q) | Lighting |
See Private Lighting Standards in § 345-405S. | |
(r) | Screens and Streetscreens | |
Any Wall Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | |
Any Hedge Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | |
Any Wall or fence Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Receptacles | |
Any Hedge Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 inches of grade | |
Nonresidential and Multifamily Residential Screen/Streetscreen Adjacent to or across Thoroughfare from Non-Multifamily Residential | None required | |
Screening of Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | |
Satellite Dish Screen | | |
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | |
Streetscreen Location, if required or provided | Second Lot Layer | |
(13)
CD-4MU General Urban Mixed-Use District.
Table 345.405.A-13 District Standards: CD-4MU General Urban Mixed-Use District |
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Legend: | |
The following notations are utilized in this table: | |
| Permitted |
| Not permitted |
| Not applicable |
| Required |
| Not regulated |
(a) | Block Size | |
Block Perimeter1 | 2,400 feet maximum | |
NOTE: 1 Applicable only to Development Parcels. | ||
(b) | Private Frontage Types | |
Common Yard | | |
Porch | | |
Fence | | |
Terrace/Lightwell | | |
Forecourt | | |
Stoop | | |
Shopfront | | |
Gallery | | |
Arcade | | |
Office front | | |
See Table 345.405.G-1 (Private Frontage Types). | ||
(c) | Civic Space Types1 | |
Natural Area | | |
Green | | |
Square | | |
Plaza | | |
Playground | | |
Sport Field | | |
Community Garden | | |
Pocket Park | | |
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | ||
NOTE: 1 Applicable only to Development Parcels. | ||
(d) | Permitted Uses |
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |
(e) | Lot Occupation | |
Lot Width | 18 feet minimum | |
Lot Area | | |
Impervious Surface Coverage | 80% maximum | |
Lot Enfrontment | Must enfront a vehicular Thoroughfare, except < 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. | |
(f) | Number of Buildings | |
Principal Building | 1 maximum | |
Accessory Buildings | 1 maximum; in Third Lot Layer only | |
(g) | Setbacks: Principal Building | ||
 | |||
Front Setback, Principal Frontage | If existing Principal Building(s) with common side Lot Line, shall be the average front setback of the Block face; otherwise, 0 feet minimum, 20 feet maximum | | |
Front Setback, Secondary Frontage | 0 feet minimum, 20 feet maximum | | |
Side Setback | 0 feet per side | | |
Rear Setback | 3 feet minimum; or 15 feet from center line of Rear Alley. Properties with a lot depth greater than 120 feet shall require a minimum setback of 15 feet | | |
(h) | Setbacks: Accessory Building | ||
 | |||
Front Setback, Principal Frontage | 20 feet minimum plus Principal Building Front Setback | | |
Front Setback, Secondary Frontage | 0 feet minimum | | |
Side Setback | 0 feet minimum | | |
Rear Setback | 3 feet minimum or 5 feet minimum if Garage door faces Rear Alley | | |
(i) | Building Standards | |
[1] | Building Height1 | |
Principal Building | 1 Story minimum, 3 Stories maximum | |
Accessory Building | 2 Stories maximum | |
NOTE: 1 Stories do not include Attics and Basements. | ||
[2] | Ceiling Height | |
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 25 feet for nonresidential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use. | ||
[3] | Facade | |
Frontage Buildout | 60% minimum | |
Entrances | Main Entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner. | |
Location of Building at Frontage | Parallel to Frontage Lines | |
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | |
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e., rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.) | |
Blank Walls | at Frontage | |
Facade Void Areas | 20% to 60% of total Facade area, except for first Story of Shopfront Frontages, where it must be > 40% minimum | |
Facade Openings | Windows and/or doors spaced < 20 feet apart. Openings must be square or vertical in proportion, except in Shopfront or Gallery Frontage, and except for transoms and sidelights. Windows in Facade and First and Second Lot Layers must be single-hung, double-hung, casement or awning types. In Stories above first, Facade openings must be < 50% of total Facade area. | |
Facade Glazing | 20% to 60% of total Facade area for non-Shopfront; 40% of total Facade area, minimum for Shopfront | |
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | |
Facade Articulation | | |
Finished Floor Level | If Residential: 2 feet to 6 feet above average grade at Facade | |
Facade Windowsill Height | If Residential: 5 feet minimum above average grade at Facade | |
Shopfront Frontages | 12-inch to 24-inch knee wall required at Frontage | |
Decks | at Frontage | |
[4] | Roof Type and Roof Pitch | |
Flat | | |
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building | |
Hip | | |
Gable | | |
Pitch | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12 and that roof pitch may match the primary roof pitch of an existing building that is less than 8:12 | |
(j) | Building Types | |
Cottage | | |
House | | |
Estate House | | |
Duplex | | |
Townhouse | | |
Multifamily | | |
Live/Work | | |
Jewel Box | | |
Commercial | | |
Shop House | | |
Mixed Use | | |
Flex | | |
Mid-Rise | | |
High-Rise | | |
Civic | | |
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | ||
(k) | Encroachments: Required Setbacks | |||
|---|---|---|---|---|
Encroachment Type | Front | Side | Rear | |
Steps to Building Entrance | | | | |
Open Porches, including steps | up to 50% of Setback | | | |
Patio Decks, in permitted applicable Lot Layer | | | | |
Openwork Fire Escapes and Fire Balconies | | by no more than 6 feet | by no more than 6 feet | |
Chimney flues, sills, belt courses, cornices, buttresses eaves and other Architectural Features | | | | |
Satellite dishes/antennas | | | | |
Mechanical equipment, including HVAC | | | | |
Underground utility lines, wires and associated Structures (e.g., poles) | | | | |
Fences, hedges, walls, Shrubbery, and other landscape features | | | | |
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | |
Bicycle Parking | | | | |
Stoops | | | | |
Balconies and Bay Windows | | | | |
(l) | Vehicular Parking Requirements [Amended 12-2-2024 by L.L. No. 19-2024] | |
Off-Street Parking Location | in Third Lot Layer only | |
Off-Street Parking Surface | Use of permeable pavement is encouraged; however, it shall count as an impervious surface for the purposes calculating the Impervious Surface Coverage. Prepared surface of gravel, asphalt, concrete or other hard surface is permitted. | |
Garage Location | in Third Lot Layer only | |
Driveway/Vehicular Entrance Location | in any Lot Layer | |
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum in First Lot Layer if Residential; 24 feet maximum in First Lot Layer if nonresidential, regardless if shared or not | |
Parking Structures | , if Screened from Frontage by Liner Buildings | |
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage | |
(m) | Bicycle Parking Requirements |
See Bicycle Parking requirement in § 345-405O. | |
(n) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter, and Drive-Through Requirements | |
Off-Street Trash Receptacle/Dumpster | for all Building Types and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | |
Drive-Through Locations | in Third Lot Layer only and Special Exception Use approval must be obtained | |
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | For Lots with Building types other than Cottage, House, or Duplex: in Third Lot Layer only. For Lots with Cottage, House, or Duplex: in Second or Third Lot Layer | |
NOTE: 1 Not including water meters | ||
(o) | Non-Building Components | |
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in Third Lot Layer; in Second Lot Layer if Screened from Frontage; in First Lot Layer | |
Solar Panels | in Third Lot Layer; in First or Second Lot Layer parallel to and integrated into roof design | |
Antennas and Satellite Equipment | in Third Lot Layer only | |
Outdoor Grilling Equipment | in Third Lot Layer only | |
Recreation or Play Equipment | in Third Lot Layer only | |
Animal Enclosures, Runs or Shelters | in Third Lot Layer only | |
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | |
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | |
(p) | Private Landscaping and Fencing | |
[1] | Landscaping | |
| ; 1 Tree per 50 feet of Frontage if First Lot Layer > 15 feet deep, planted in First Lot Layer | ||
If First Lot Layer > 10 feet, minimum of 30% of First Lot Layer must be landscaped in compliance with § 345-405R. | ||
[2] | Walls and Fencing (not including Screens) | |
Height | 3 feet within First Lot Layer to face of Principal Building, otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | |
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | |
Allowed Materials: | ||
Natural Wood | Only picket type allowed at Frontage; other types allowed on sides and at rear | |
Brick or Stucco over Masonry | | |
Wrought Iron or Aluminum | | |
Chain-Link | in Second and Third Lot Layer, at rear and sides only | |
Barbed/razor | | |
(q) | Signs |
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |
(r) | Lighting |
See Private Lighting Standards in § 345-405S. | |
(s) | Screens and Streetscreens | |
Any Wall Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | |
Any Hedge Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | |
Any Wall or fence Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Receptacles | |
Any Hedge Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 inches of grade | |
Nonresidential and Multi-family Residential Screen/Streetscreen Adjacent to or across Thoroughfare from Non-Multifamily Residential | None required | |
Screening of Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space | |
Satellite Dish Screen | | |
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | |
Streetscreen Location, if required or provided | Second Lot Layer | |
(14)
R2F Two-Family Residential District.
Table 345.405.A-14 District Standards: Two-Family Residential District |
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| |
| |
Legend: | |
The following notations are utilized in this table: | |
| Permitted |
| Not permitted |
| Not applicable |
| Required |
| Not regulated |
(a) | Private Frontage Types | |
Common Yard | | |
Porch | | |
Fence | | |
Terrace/Lightwell | | |
Forecourt | | |
Stoop | | |
Shopfront | | |
Gallery | | |
Arcade | | |
Officefront | | |
See Table 345.405.G-1 (Private Frontage Types). | ||
(b) | Civic Space Types1 | |
Natural Area | | |
Green | | |
Square | | |
Plaza | | |
Playground | | |
Sport Field | | |
Community Garden | | |
Pocket Park | | |
See Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards). | ||
NOTE: | ||
1 Applicable only to Development Parcels. | ||
(c) | Permitted Uses |
See Table 345.405.K-1 (Building and Lot Principal Use) and Table 345.405.K-2 (Building and Lot Accessory Uses). | |
(d) | Lot Occupation | |
Lot Width and Depth | 50 feet minimum width, 100 feet minimum depth | |
Lot Area | 5,000 square feet minimum | |
Impervious Surface Coverage | 65% maximum | |
Usable Open Space | 800 square feet per unit minimum | |
Minimum Street/Highway Frontage | 20 feet minimum | |
Floor Area Ratio (FAR) | 0.70 maximum | |
(e) | Number of Buildings | |
Principal Building | 1 maximum | |
Accessory Buildings | 1 maximum; in Third Lot Layer only | |
(f) | Setbacks: Principal Building | ||
 | |||
Front Setback, Principal Frontage | 20 feet minimum | | |
Front Setback, Secondary Frontage | 8 feet minimum | | |
Side Setback | 8 feet on 1 side; 14 feet combined | | |
Rear Setback | 30 feet minimum | | |
(g) | Setbacks: Accessory Building | ||
 | |||
Front Setback, Principal Frontage | Not allowed in front A yard setback | | |
Front Setback, Secondary Frontage | 10 feet minimum | | |
Side Setback | 5 feet minimum | | |
Rear Setback | 5 feet minimum | | |
(h) | Building Standards | ||
[1] | Building Height1 | ||
Principal Building | 2 Stories/30 feet maximum | ||
Accessory Building | 1 Story/15 feet maximum | ||
NOTE: 1 Stories do not include Attics and Basements. | |||
[2] | Facade | |
| ||
[3] | Roof Type and Roof Pitch | |
| ||
(i) | Building Types | |
Cottage | | |
House | | |
Estate House | | |
Duplex | | |
Townhouse | | |
Multifamily | | |
Live/Work | | |
Jewel Box | | |
Commercial | | |
Shop House | | |
Mixed Use | | |
Flex | | |
Mid-Rise | | |
High-Rise | | |
Civic | | |
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | ||
(j) | Encroachments: Required Setbacks | |||
Encroachment Type | Front | Side | Rear | |
Steps to Building Entrance | up to 50% of Setback | | | |
Open Porches, including steps | up to 50% of Setback | | | |
Patio Decks, in permitted applicable Lot Layer | | | | |
Openwork Fire Balconies | | | | |
Chimney flues, sills, belt courses, cornices, buttresses, eaves and other Architectural Features | | | | |
Satellite dishes/antennas | | | | |
Mechanical equipment, including HVAC | | | | |
Utility lines, wires and associated Structures (e.g., poles) | | | | |
Fences, hedges, walls, Shrubbery, and other landscape features | | | | |
Parking Areas, Loading Areas and Driveways in Third Lot Layer | | | | |
Bicycle Parking | | | | |
Stoops | up to 50% of Setback | | | |
Balconies and Bay Windows | | | | |
(k) | Vehicular Parking Requirements [Amended 12-2-2024 by L.L. No. 19-2024] | |
Off-Street Parking Location | in Third Lot Layer only, except for Driveway | |
Off-Street Parking Surface | Use of permeable pavement is encouraged; however, it shall count as an impervious surface for the purposes calculating the Impervious Surface Coverage. Prepared surface of gravel, asphalt, concrete or other hard surface is permitted. | |
Garage Location | in Third Lot Layer only | |
Driveway/Vehicular Entrance Maximum Width | 10 feet maximum at Frontage Line and in First Lot Layer | |
Parking Structures | | |
(l) | Bicycle Parking Requirements |
See Bicycle Parking requirement in § 345-405O. | |
(m) | Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box and Service Meter Requirements | |
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | in Third Lot Layer only | |
Drive-Through Locations | | |
Trash Receptable Locations | Per Village Code Chapter 275 (Solid Waste) | |
Dumpster Locations | | |
NOTE: | ||
1 Not including water meters | ||
(n) | Non-Building Components | |
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | in First Lot Layer and Second Lot Layer | |
Solar Panels | in Third Lot Layer in First or Second Lot Layer parallel to and integrated into roof design | |
Antennas and Satellite Equipment | in First Lot Layer and Second Lot Layer | |
Swimming Pools, Hot Tubs and Spas | in Third Lot Layer only | |
Transmitting and/or receiving towers or antennas and wind-generating machines | in Third Lot Layer only | |
(o) | Private Landscaping and Fencing | |
[1] | Landscaping | |
Minimum of 30% of First Lot Layer must be landscaped in compliance with § 345-405R. | ||
[2] | Walls and Fencing (not including Screens) | |
Height | 4 feet maximum in Front and Side Yards; otherwise 6 feet maximum in Rear Setback; Height measured above the finished grade | |
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | |
Allowed Materials: | ||
Natural Wood | | |
Brick or Stucco over Masonry | | |
Wrought Iron or Aluminum | | |
Vinyl | | |
Chain-Link | | |
Barbed/razor | | |
(p) | Signs |
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |
(q) | Lighting |
See Private Lighting Standards in § 345-405S. | |
(r) | Screens and Streetscreens | |
Any Wall Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | |
Any Hedge Screen/Streetscreen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 inches of grade | |
Any Wall or fence Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for Dumpsters and Trash Receptacles | |
Any Hedge Screen/Streetscreen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity within 12 in of grade | |
Nonresidential and Multifamily Residential Screen/Streetscreen Adjacent to or across Thoroughfare from Non-Multifamily Residential | | |
Screening of Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | |
Satellite Dish Screen | | |
(15)
CD-5T Urban Center - Transit Character District.
 |
 |
 | |
 |  |
Block Size* | |
Block Perimeter* | 2,000 feet max or 3,000 feet max if a Parking Structure provided within Block |
*Applicable only to Development Parcels. | |
Private Frontage Types | |
|---|---|
Common Yard | |
Porch | |
Fence | |
Terrace/Lightwell | |
Forecourt | |
Stoop | |
Shopfront | |
Gallery | |
Arcade | |
Officefront | |
See Table 345.405.G-1 (Private Frontage Types) | |
Civic Space Types* | |
|---|---|
Natural Area | |
Green | |
Square | |
Plaza | |
Playground | |
Sport Field | |
Community Garden | |
Pocket Park | |
See Table 345.504.B-1 (Civic Space Types - Summary) and Table 345.504.B-2 (Civic Space - Specific Standards) | |
*Applicable only to Development Parcels. | |
Permitted Uses |
See Table 345.405.K-1 (Building & Lot Principal Use) and Table 345.405.K-2 (Building & Lot Accessory Uses) |
Lot Occupation | |
|---|---|
Lot Width | 18 feet min; 180 feet max |
Lot Area | |
Impervious Surface Coverage | 100% max |
Lot Enforntment | Must enfront a vehicular Thoroughfare, except < 20% of the Lots within each type of Character District of a Development Parcel may Enfront a Pedestrian Path, Passage, pedestrian walkway or water body if such Lots have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement. All Lots must have legal and physical vehicular access to a vehicular Thoroughfare via Driveway or Easement |
Number of Buildings | |
Principal Building | 1 max |
Accessory Buildings | 1 max; in 3rd Lot Layer only |
 |
Setbacks - Principal Building | ||
|---|---|---|
Front Setback, Principal Frontage | 0 feet at corners; 0 feet min; 15 feet max elsewhere | |
Front Setback, Secondary Frontage | 0 feet at corners; 0 feet min; 15 feet max elsewhere | |
Side Setback | 0 feet min; 24 feet max per side | |
Rear Setback | | |
Setbacks - Accessory Building | ||
|---|---|---|
Front Setback, Principal Frontage | 40 feet max from rear property line | |
Side Setback | 0 feet min | |
Rear Setback | 3 feet max | |
 |
Building Standards | |
|---|---|
Building Height* | |
Principal Building | 3 Stories min - 9 stories max |
Accessory Building | 2 Stories max |
*Stories do not include Attics and Basements. | |
Ceiling Height | |
First floor must be a minimum of 11 feet with a maximum of 25 feet from finished floor to finished ceiling. Floors above the first floor must be a minimum of 9 feet with a maximum of 11 feet for Residential uses; a minimum of 11 feet with a maximum of 14 feet for non-Residential uses, such as Business/Commercial, Office, Retail/Personal Service, or Lodging Use | |
Facade | |
Frontage Buildout | 80% min |
Entrances | Main Entrance must be in Facade of Principal Frontages. If Shopfront Frontage at corner, Main Entrance may be at Principal Frontage or at corner |
Location of Building at Frontage | Parallel to Frontage Lines |
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line |
Blank Walls | at Frontage |
Facade Design Proportions | Proportions must be based approximately on a simple ratio, i.e. rational (a ratio of whole numbers, such as 1:1, 2:1, 3:2, 4:3, etc.) |
Facade Void Areas | 20—60% of total Facade area, except for first Story of Shopfront Frontages, where it must be > 70% min. |
Facade Openings | Windows and/or doors spaced < 20 feet apart Square or vertical in proportion in Shopfront, Gallery, and Arcade Frontages and except for transoms and sidelights. In Stories above first, Facade openings must be < 50% of total Facade area |
Facade Glazing | 20% - 60% of total Facade area for non-Shopfront; 70% of total Facade area, min for Shopfront |
Window Alignment | Upper floor windows and other features must be aligned with those of first floor |
Facade Articulation | A Facade greater than 100 feet in width must be differentiated so that it appears to be comprised of two or more Adjacent Buildings, by dividing such Facade into two segments each of which (1) includes a separate entrance; (2) differs from each of the other segments with respect to all of the following: (a) a change in shape, sill, and header height, detail, size, spacing, rhythm, and muntin pattern of windows; (b) a change of Building or cornice height; (c) a change in cornice details; (d) a change of wall material or wall color; (e) a change in trim courses and other horizontal elements; (f) a change in dormer or balcony design, if any, and (g) providing or changing pilasters, columns, or other Facade elements; and (3) is composed with a defined center and edges. (see illustration to the below) |
Facade Articulation (illustration) |  |
Facade Window Sill Height | If Residential: 5 feet min above avg. grade at Facade. Shopfront Frontages: at knee wall |
Shopfront Frontages | 12"-24" knee wall required at Frontage |
Decks | at Frontage |
Roof Type & Roof Pitch | |
Flat | |
Shed | at rear only and if ridge is attached to an exterior Building wall; except for dormers which may have a shed roof anywhere on the Building |
Hip | |
Gable | |
Pitch | 8:12 - 14:12, except for shed roofs which may be 3:12 - 14:12 |
Building Types | |||
|---|---|---|---|
Cottage | | Commercial | |
House | | Shop House | |
Estate House | | Mixed Use | |
Duplex | | Flex | |
Townhouse | | Mid-Rise | |
Multifamily | | High-Rise | |
Live/Work | | Civic | |
Jewel Box | | ||
See Table 345.405.J-1 (Principal Building Types - Summary) and Table 345.405.J-2 (Principal Building Types - Specific Standards) | |||
Encroachments - Required Setbacks | |||
|---|---|---|---|
Encroachment Type | Front | Side | Rear |
Steps to Building Entrance | | | |
Open Porches, including steps | | | |
Patio Decks, in permitted applicable Lot Layer | | | |
Openwork Fire Escapes and Balconies | | by no more than 6' | by no more than 6' |
Chimney flues, sills, belt courses, cornices, buttresses eaves and other Architectural Features | | | |
Satellite dishes/antennae | | | |
Mechanical equipment, including HVAC | | | |
Utility lines, wires and associated Structures (e.g. poles) | | | |
Fences, hedges, walls, Shrubbery, and other landscape features | | | |
Parking Areas, Loading Areas and Driveways in 3rd Lot Layer | | | |
Bicycle Parking | | | |
Stoops | | | |
Balconies and Bay Windows | | | |
Vehicular Parking Requirements | |
|---|---|
Off-Street Parking Location | in 3rd Lot Layer only, except for MTA Parking Lot or Village-Owned Parking Lots, where in 2nd or 3rd Lot Layer only |
Off-Street Parking Surface | Asphalt, concrete or other hard surface |
Garage Location | in 3rd Lot Layer only, except for MTA Parking Lot or Village-Owned Parking Lots, where in 2nd or 3rd Lot Layer only |
Driveway/Vehicular Entrance Location | in any Lot Layer |
Driveway/Vehicular Entrance Maximum Width | 24 feet max in 1st Lot Layer and 2nd Lot Layer, regardless if shared or not |
Parking Structures | , if Screened from Frontage by Liner Buildings |
Parking Structure Pedestrian Exit Location | Via pedestrian access to Frontage |
Off-Street Trash Receptacle/Dumpster, Loading, Storage, Utility Box & Service Meter, & Drive-Through Requirements | |
|---|---|
Off-Street Trash Receptacle/Dumpster | and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate |
Drive-Through Locations | in 3rd Lot Layer only and Special Exception Use approval must be obtained |
Off-Street Loading, Storage, Utility Box & Service Meter* Locations | in 3rd Lot Layer only |
*Not including water meters | |
Bicycle Parking Requirements |
See Bicycle Parking requirement in Section 345.405.O |
Private Landscaping and Fencing | ||
|---|---|---|
Landscaping | ||
| if paved or < 3 feet front setback; otherwise Shrubs continuous around foundation at Frontage | ||
Walls & Fencing (not including Screens) | ||
Height | 3.5-4 feet at Frontage; otherwise 6 feet max; height measured from avg. undisturbed grade of Adjacent property at property line | |
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Waterbody | |
Allowed Materials | Natural Wood | at side and rear only |
Brick or Stucco over Masonry | at side and rear only | |
Wrought Iron or Aluminum | | |
Chain Link | at side and rear only | |
Barbed/razor | | |
Signs |
See Sign Standards in Article 7, Table 345.701.A (Sign Types - Summary), Table 345.701.B (Sign Types - Specific Standards), and Table 345.701.C (Temporary Signs) |
Lighting |
See Private Lighting Standards in Section 345.405.S |
Buffers and Screens | |
Wall Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet |
Hedge Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; Min. 80% opacity within 12 in of grade |
Wall or fence Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; Min. 6 feet for Dumpsters and Trash Receptacles |
Hedge Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; Min. 80% opacity within 12 in of grade |
Non-Residential & Multi-Family Residential Screen Adjacent to or across Thoroughfare from Non-Multi-Family Residential | None Required |
Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent Property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space |
Satellite Dish Screen | |
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element |
B.
Civic District Buildings and Lots.
(1)
Definitions. The terms "Civic District," "Civic Space" and "Civic Building" are defined in Article 10 (Definitions).
(2)
Design; Compliance. If a Building or Lot is located within an area designated on the applicable Zoning Map as "Civic District," "Civic Space" or "Civic Building":
(a)
Civic Space shall be designed generally as described in Table 345.504.B-1 (Civic Space Types: Summary) and Table 345.504.B-2 (Civic Space: Specific Standards), as related to the Adjacent District, or if Adjacent to more than one, as related to the Adjacent District with the largest number of linear feet of common boundary with the Civic Space.
(b)
Development, redevelopment, Lots, Buildings, Structures, and Improvements and Use thereof within Civic Districts must comply with the applicable standards and requirements of Table 345.405.B (Civic District Standards), subject, however, to § 345-405B(2)(d).
(c)
Without limitation to § 345-405B(2)(a) or (b), Civic Buildings within Civic Districts must comply with the standards and requirements of Table 345.405.B (Civic District Standards) and any other requirements as may be determined by the Board of Trustees.
(d)
Buildings operated for Civic purposes but not located within a Civic District must comply with the applicable District standards of the District in which they are situated.
(3)
CV Civic District.
CV Table 345.405.B Civic District Standards: Civic District |
 |
 |
 |  | ||||
 |  | ||||
Legend: | |||||
The following notations are utilized in this table: | |||||
| Permitted | ||||
| Not permitted | ||||
| Not applicable | ||||
| Required | ||||
| Not regulated | ||||
(a) | Lot Occupation | ||||
Lot Width | | ||||
Lot Area | | ||||
Lot Enfrontment | Must enfront a vehicular Thoroughfare, Pedestrian Path, Passage, pedestrian walkway or water body | ||||
(b) | Setbacks | ||||
Front Setback, Principal Frontage | 0 feet minimum; 50 feet of Lot Depth maximum | | |||
Front Setback, Secondary Frontage | 0 feet minimum | | |||
Side Setback | 0 feet minimum | ||||
Rear Setback | 0 feet minimum | ||||
(c) | Private Frontage Types | ||||
| |||||
(d) | Building Standards | ||||
[1] | Building Height [Amended 1-17-2023 by L.L. No. 1-2023] | ||||
Principal Building | 20 feet higher than maximum Height of any Adjacent Character District, maximum | ||||
Accessory Building | 30 feet maximum | ||||
[2] | Ceiling Height | ||||
| |||||
[3] | Facade | ||||
Frontage Buildout | | ||||
Entrances | Main Entrance must be in Facade of Principal Frontages | ||||
Location of Building at Frontage | Parallel to Frontage Lines | ||||
Facade Position | Parallel to straight Frontage Line or to tangent of curved Frontage Line | ||||
Facade Design Proportions | Must be simple, e.g., rational (1:1, 2:1, 3:2, 4:3, etc.) or irrational (√2 [1.414]:1 and 1.618:1 ["Golden Mean"]) | ||||
Blank Walls | at Frontage | ||||
Facade Void Area | 20% to 60% of total Facade area | ||||
Facade Openings | Square or vertical in proportion. In Stories above first, Facade openings must be ≤ 50%. | ||||
Facade Glazing | 20% minimum to 60% maximum | ||||
Window Alignment | Upper floor windows and other features must be aligned with those of first floor. | ||||
Facade Articulation | | ||||
Finished Floor Level | | ||||
Facade Windowsill Height | | ||||
Shopfront Frontages | | ||||
Decks | | ||||
[4] | Roof Type and Roof Pitch | ||||
Flat | | ||||
Shed | at rear only; except for dormers which may have a shed roof anywhere on the Building | ||||
Hip | | ||||
Gable | | ||||
Pitch, if any | 8:12 to 14:12, except for shed roofs which may be 3:12 to 14:12. | ||||
(e) | Building Types | ||||
Cottage | | ||||
House | | ||||
Estate House | | ||||
Duplex | | ||||
Townhouse | | ||||
Multifamily | | ||||
Live/Work | | ||||
Jewel Box | | ||||
Commercial | | ||||
Shop House | | ||||
Mixed Use | | ||||
Flex | | ||||
Mid-Rise | | ||||
High-Rise | | ||||
Civic | | ||||
See Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards). | |||||
(f) | Vehicular Parking Requirements | ||||
Off-Street Parking Location | Third Lot Layer | ||||
Off-Street Parking Surface | Asphalt, concrete or other hard surface | ||||
Garage Location | Third Lot Layer | ||||
Driveway to Off-Street Parking and Passenger Dropoff Location | Any Lot Layer | ||||
Driveway/Vehicular Entrance Maximum Width | 24 feet in First Lot Layer and Second Lot Layer | ||||
Parking Structures | if Screened from Frontage by Liner Building | ||||
Parking Structures Pedestrian Exit Location | Via pedestrian access to Frontage | ||||
(g) | Bicycle Parking Requirements | ||||
See Bicycle Parking requirement in § 345-405O. | |||||
(h) | Off-Street Trash Receptacle/Dumpster and Loading, Storage, Utility Box and Service Meter Requirements | ||||
Off-Street Trash Receptacle/Dumpster | , and must be fully enclosed on 3 sides and enclosed on the 4th side with a gate | ||||
Off-Street Loading, Storage, Utility Box and Service Meter1 Locations | in Third Lot Layer only | ||||
NOTE: | |||||
1Not including water meters. | |||||
(i) | Non-Building Components | ||||
Heating and Air Conditioning Equipment, Utility, Service and Mechanical Equipment | | ||||
Solar Panels | | ||||
Antennas and Satellite Equipment | | ||||
Recreation or Play Equipment | | ||||
Swimming Pools, Hot Tubs and Spas | | ||||
(j) | Encroachments: Required Setbacks | ||||
| |||||
(k) | Private Landscaping and Fencing | ||||
[1] | Landscaping | ||||
| |||||
[2] | Walls and Fencing (not including Screens) | ||||
Height | 3.5 feet to 4 feet maximum at Frontage; otherwise 6 feet maximum; height measured from average undisturbed grade of Adjacent property at property line | ||||
Construction | Finished side must face Adjacent property, Thoroughfare, Path, Passage or Water Body | ||||
Allowed Materials: | |||||
Natural Wood | at side and rear only | ||||
Brick or Stucco over Masonry | | ||||
Wrought Iron or Aluminum | | ||||
Vinyl | in 3rd Lot Layer only | ||||
Chain-Link | at rear only | ||||
Barbed/razor | | ||||
Maintenance | Must be well-maintained, in upright condition and free of missing or broken parts and graffiti | ||||
(l) | Signs | ||||
See Sign Standards in Article 7, Table 345.701.A (Sign Types: Summary), Table 345.701.B (Sign Types: Specific Standards), and Table 345.701.C (Temporary Signs). | |||||
(m) | Lighting | ||||
See Private Lighting Standards in § 345-405S. | |||||
(n) | Screens | ||||
Wall Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet | ||||
Hedge Screen Height at Frontage or Adjacent to Civic Space | 3.5 feet to 5 feet at installation; minimum 80% opacity within 12 in of grade | ||||
Wall or fence Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet; minimum 6 feet for dumpsters and trash receptacles | ||||
Hedge Screen Height not at Frontage or Adjacent to Civic Space | 5 feet to 6 feet at installation; minimum 80% opacity | ||||
Parking, Loading Areas, Service Areas, Outdoor Storage, Drive-Throughs, Trash Receptacles/Dumpsters, HVAC and other equipment Screened from Frontage, Civic Space and Adjacent property | ; except at Driveways: Parking Lots and Parking Areas must be Screened from Frontage and Civic Space by Building or Streetscreen; Parking Structures must be Screened from Frontages by Liner Buildings. Otherwise, Screening must be by Building, wall, hedge or fence at Frontage or Building, Wall, hedge or fence not at Frontages or Adjacent to Civic Space. | ||||
Rooftop Antennas and HVAC, Mechanical and other Equipment Screening | ; must be Screened from Frontage and Civic Space by Building parapet or other Building Element | ||||
C.
Lots.
(1) 
Lot Layers.
(a)
Lots are comprised of three Lot Layers, the First Lot Layer, the Second Lot Layer, and the Third Lot Layer, as related to the Lot Frontage, as shown in Illustration 345.405.C-1 (Lot Layers) and as defined in Article 10 (Definitions).
(b)
Lot Layers are used to regulate in what parts of a Lot certain Development, Building elements, and Uses are allowed or required, as set forth in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards).
(c)
For corner Lots, which have both a Principal Frontage and a Secondary Frontage:
(3)
Lot Enfrontment. Within all Districts and Civic Districts, each Lot must have a minimum of 18 feet of Frontage at the Front Lot Line along a vehicular Thoroughfare that has been approved by the Board of Trustees, as provided in Tables 345.405.A-1 through 345.405.A-14 (District Standards); provided, however, that up to 5% of the Lots in a Development Parcel may Enfront a water body, Civic Space, Path, or Passage.
(4)
Through Lots. Through Lots are prohibited, except adjacent to the waterfront, as contemplated by Table 345.405.A-7 (District Standards: Urban Center - Waterfront Character District). In any case in which a Nonconforming Lot is a Through Lot, the Frontage and Front Setback regulations shall apply on both Frontages.
(5)
Required Spaces or Areas.
(a)
No Lot shall be divided or reduced so as to result in its area or dimensions not complying with the standards required by this § 345-405C, nor shall any Setback required for a Principal Building be included as part of a Setback required under this article for any other Building.
(b)
A minimum required Lot or Yard size for one Structure shall not be used in whole or in part as any part of a required Lot or Yard for a second Structure.
(c)
The required Lot or Yard for an existing Structure shall not be diminished below the minimum requirements of this article.
(d)
In addition to all Yard, Setback, and Civic Space standards and requirements of this article and Article 5, each Lot in Districts CD-3.R20, CD-3.R7, and CD-3.R5 shall reserve the required area of Usable Open Space indicated for the applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards).
(e)
In cases where the Decisionmaking Authority determines that the required Usable Open Space cannot be reserved due to site constraints or other unique site conditions, a Usable Open Space fee shall be paid by the to the Village in lieu of providing such required Usable Open Space. Such fee shall be $2,000 per Dwelling Unit, as set forth in Village Code Chapter 175 (Fees). All such payments shall be held by the Village in a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(6)
Lots in Two Districts. Where a District boundary divides a Lot in one ownership of record at the time when such line is adopted, regulations for the less restricted portion of such Lot may extend not more than 30 feet into the more restricted portion, provided that the Lot has Frontage on a Thoroughfare in a less restricted District.
(7)
Visibility at Intersections. On a Corner Lot in any Residence District, no Fence, Wall, hedge, Structure, or planting or combination thereof, more than three feet in height, measured above the Curb level shall be erected, placed or maintained within the triangular area formed by the intersecting lines of the roadbeds Enfronting Thoroughfares and a line drawn between points along such Thoroughfare Lines that are 40 feet distant from their point of intersection.
Illustration 345.405.C-2 Sight Triangle  |
D.
Building Placement and Number.
(1)
Building Placement.
(a)
Every Building shall be located on a Lot. Buildings shall be located in relation to the boundaries of their Lots and shall comply with the Setback standards:
(b)
To accommodate slopes over 10%, relief from front Setback requirements may be granted by Waiver of the Planning and Economic Development Zoning Administrator.
Illustration 345.405.D-1 Setback Designations  |
(2)
Principal Buildings. Within each District and Civic District:
(a)
The number of Principal Buildings on each Lot shall not exceed that indicated in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards); and
(b)
Principal Buildings must be oriented and situated as specified in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and illustrated in Illustration 345.405.D-2 (Principal Building/Accessory Building)
Illustration 345.405.D-2 Principal Building/Accessory Building  |
(3)
Accessory Buildings and Accessory Structures.
(a)
Within each District and Civic District:
[1]
The number of Accessory Buildings on each Lot must not exceed that indicated in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards); and
[2]
Any such Accessory Buildings must be located as specified in Tables 345.405.A-1 through 45.405.A-11 (District Standards) and Table 345.405.B (Civic District Standards).
(b)
Except within Civic Districts, Accessory Buildings or other Structures may not be erected on a Lot on which there is no Principal Building.
(c)
Where Accessory Buildings and Structures are permitted:
[1]
Except within Civic Districts, the footprint of a detached Accessory Building shall not exceed the greater of 10% of the gross area of the Lot or 440 square feet, and shall not exceed 60% of the habitable square footage of the Principal Building on the Lot;
[2]
Any Accessory Building shall be located in the Lot Layer indicated in Tables 345.405.A-1 through 345.405.A-14 (District Standards);
[3]
Transmitting and/or receiving towers or antennas and wind turbines shall not be located in the First Lot Layer or Second Lot Layer; and
[4]
Guy wires or any other structural supports shall not Encroach upon any right-of-way, Adjoining property, Easements, or Yard areas.
(d)
An Accessory Building or Accessory Structure may be detached from or constructed as a structural part of a Principal Building, including those attached by means of a breezeway or a roofed passageway with open or latticed sides. If constructed as a structural part of a Principal Building, its walls shall be regarded as walls of the Principal Building in applying the standards and requirements of this article.
(e)
Where more than one Building exists or is proposed to be constructed on a single Lot, all zoning requirements applicable to Principal Buildings or Accessory Buildings, respectively shall be applicable to each of such Buildings.
E.
Building Facades.
(1)
General. Within each District, Building Facades shall conform to Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards).
(2)
Frontage Buildout. In each Character District, the Facade of the Principal Building shall be built along the minimum percentage of the Front Lot Line width at the Setback, specified as Frontage Buildout on Tables 345.405.A-1 through 345.405.A-14 (District Standards). A Streetscreen may be substituted for a Facade for up to 20% of the applicable Frontage Buildout requirement.
(3)
Security Grills.
(a)
Solid metal Security Grills are prohibited in the Village.
(b)
Open-grated Security Grills are permitted in all Districts, subject to compliance with all applicable Building Code requirements.
(c)
Security Grills that existed as of the Effective Date of this chapter, but which do not comply with this § 345-405E(3) must be removed, provided that an owner or occupant of premises may apply to the Planning Commission for additional time to achieve compliance on proof of hardship due to any one or more of the following factors:
[1]
The premises has special security concerns (e.g., financial institution, pharmacy, alcoholic beverage retail sales);
[2]
Official documentation of recent criminal activity against the aggrieved establishment;
[3]
Significant financial hardship, verified by the date and cost of the original installation, which would be incurred by the owner or occupant of the premises as a result of the removal of the noncompliant Security Grill; or
[4]
Any other relevant factor the owner or occupant is able to demonstrate as a significant hardship.
F.
Fences and Walls. Within each District and Civic District, Fences and non-Building Walls must comply with the applicable standards in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards).
G.
Private Frontage.
(1)
Private Frontage: General. Within each Character District, the Private Frontage of Buildings must conform to and be allocated in accordance with Table 345.405.G-1 (Private Frontage Types) and Tables 345.405.A-1 through 345.405.A-15 (District Standards).
Table 345.405.G-1 Private Frontage Types | ||
(a) | Common Yard | |
 | ||
Permitted Districts | ||
     | ||
A planted Frontage wherein the Facade is set back substantially from the Frontage Line, and the Front Yard so created remains unfenced and is visually continuous with Adjacent yards, supporting a common landscape. | ||
 | ||
(b) | Fence | |
 | ||
Permitted Districts | ||
| | ||
A Frontage wherein the Facade is set back from the Frontage Line, and the Front Yard so created is separated from the Public Frontage by a Fence. | ||
 | ||
(c) | Porch | |
 | ||
Permitted Districts | ||
| | ||
A planted Frontage wherein the Facade is set back from the Frontage Line with an attached exterior covered area large enough to accommodate outdoor furniture and/or gathering, which is permitted to Encroach into the Front Setback. This may be used with or without a Fence to maintain Thoroughfare spatial definition. | ||
 | ||
(d) | Stoop | |
 | ||
Permitted Districts | ||
  | ||
A Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy. An exterior stair and landing provides access to the entrance. This type is recommended for ground-floor Residential Use. | ||
 | ||
(e) | Terrace/Lightwell | |
 | ||
Permitted Districts | ||
   | ||
A Frontage wherein the Facade is set back from the Frontage Line by an elevated landing and a sunken Lightwell. This type buffers Residential Uses from urban Sidewalks with the first Story elevated from the Sidewalk for privacy, and may allow for activation of space below grade. An exterior stair and landing provides access to the entrance. This type is recommended for ground-floor Residential Use. | ||
 | ||
(f) | Forecourt | |
 | ||
Permitted Districts | ||
| | ||
A Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back creating a gathering space for residents or additional shopping or restaurant seating area within Retail/Personal Service/Artisan Use areas. This type should be used sparingly and may be used in conjunction with other Frontage types. | ||
 | ||
(g) | Shopfront | |
 | ||
Permitted Districts | ||
| | ||
A Frontage conventional for Retail/Personal Service/Artisan Use, wherein the Facade is aligned close to or at the Frontage Line with the Building entrance at Sidewalk grade. This Frontage has substantial glazing at the Sidewalk level and may include an awning overlapping the Sidewalk. | ||
 | ||
(h) | Gallery | |
 | ||
Permitted Districts | ||
| | ||
A Private Frontage conventional for Retail/Personal Service/Artisan Use, wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. | ||
 | ||
(i) | Arcade | |
 | ||
Permitted Districts | ||
| | ||
A Private Frontage conventional for Retail/Personal Service/Artisan Use, wherein a colonnade supporting habitable space in one or more upper levels overlaps the Sidewalk, while the Facade at the first level remains at the Frontage Line. | ||
 | ||
(j) | Dooryard | |
 | ||
Permitted Districts | ||
| | ||
A Frontage intended for ground floor Residential Use, wherein the Facade of the Building is set back a small distance and the Frontage Line is defined by a low Wall, decorative Fence or hedge, creating a small raised, sunken, or at-grade Dooryard consisting of a front garden or patio. The Dooryard must not be used for public circulation along a Thoroughfare. | ||
 | ||
(k) | Officefront | |
 | ||
Permitted Districts | ||
| | ||
A Frontage wherein the Facade is aligned close to or at the Frontage Line with the Building entrance at or above Sidewalk grade. This type is conventional for Office Use. It may have a substantial glazing on the Facade. | ||
 | ||
H.
Building and Ceiling Height; Floor Finish Elevation.
I.
Roof Type and Pitch. Within each District, Building roof type and pitch must conform to Tables 345.405.A-1 through 345.405.A-14 (District Standards).
Illustration 345.405.I-1 Roof Types  | Illustration 345.405.I-2 Roof Pitch  |
J.
Building Types. Principal Buildings in each District and Civic District must be of one or more of the Principal Building Types specified for such Character District in Table 345.405.J-1 (Principal Building Types: Summary) and Table 345.405.J-2 (Principal Building Types: Specific Standards).
(1)
Summary of Principal Building Types.
Table 345.405.J-1 Principal Building Types: Summary | ||
|---|---|---|
Principal Building Type | Permitted Districts | |
 | Cottage A small Building designed as a Single-Family Detached Residential Dwelling, situated on a small Lot with an Edgeyard, often shared with an Accessory Building in the rear | CD-3 CD-4 R2F CD-4MU C1 |
 | House A medium-sized Building designed as a Single-Family Detached Dwelling, situated on a medium or large Lot with an Edgeyard, often shared with an Accessory Building in the rear | CD-3 CD-4 R2F CD-4MU C1 |
 | Estate House A large Building designed as a Single-Family Detached Residential Dwelling, situated on a large Lot with an Edgeyard, often shared with an Accessory Building in the rear | CD-3 CD-4 R2F CD-4MU C1 |
 | Duplex A small- to medium-sized Principal Building situated on a small- to medium-sized Lot with an Edgeyard or a yard on one side yard and the rear, which Building contains 2 Dwelling Units with separate entrances at least one of which faces the Thoroughfare. Both Dwelling Units, whether side-by-side, front-to-back, or over-and-under, are contained within a single Building Massing. | CD-3 CD-4 R2F CD-4MU |
 | Townhouse A Principal Building in a collection of very narrow- to medium-sized attached Buildings on contiguous Lots with a Rear Yard (and a side yard if an end unit), which collection consists of side-by-side Dwelling Units with individual entries facing the Thoroughfare. Each Building occupies the full Frontage Line of its Lot and shares at least one party wall with another Building of the same type. | CD-4 CD-5 CD-5T CD-5W CD-4MU |
 | Multifamily Building A Principal Building that incorporates 3 or more side-by-side and/or horizontally stacked Dwelling Units, typically with 1 or more shared entries | CD-4 CD-5 CD-5T CD-5W CD-6 CD-6T CD-4MU |
 | Live/Work Building A small- to medium-sized attached or detached Principal Building, which includes a flexible space for Commercial Use and an internally connected Residential Dwelling Unit above and/or behind the flexible space | CD-41 CD-5 CD-5T CD-5W CD-6 CD-6T R2F CD-4MU |
 | Jewel Box A small, temporary, or permanent building intended to facilitate Retail/Personal Service, Commercial or Civic Uses | CD-41 CD-5W CD-4MU C1 |
 | Commercial Building A small- to medium-sized attached or detached nonresidential Building, typically designed to facilitate pedestrian-oriented Retail/Personal Service/Artisan Uses and Office Uses | CD-41 CD-5 CD-5W CD-6 CD-6T CD-4MU C1 |
 | Shop House A Principal Building comprised of a Single-Family Detached Residential Dwelling or a Two-Family Detached Residential Dwelling to which premises accommodating an Office or Retail/Personal Service/Artisan Use shop are or have been added as a Building attachment between the Dwelling and the Frontage Line. The portion of the resulting Building comprised by the original Dwelling may be used as a Dwelling Unit, and the added Building attachment may be used for Office or Retail/Personal Service/Artisan Use. | CD-41 CD-4MU |
 | Mixed-Use Building A typically attached Principal Building which provides a vertical and/or horizontal mix of Uses typically designed to facilitate pedestrian-oriented Retail/Personal Service/Artisan, Lodging, or Office Uses on the ground floor, with upper floors typically designed for Residential or Office Uses | CD-41 CD-5 CD-5T CD-5W CD-6 CD-6T CD-4MU |
 | Flex Building A large footprint Principal Building designed to accommodate either a single Use or a vertical or horizontal mix of Uses | CD-41 CD-5 CD-5T CD-5W CD-6 CD-6T CD-4MU C1 |
 | Mid-Rise Building An attached or detached Building that may provide a vertical and/or horizontal mix of Uses, typically designed to facilitate pedestrian-oriented Retail/Personal Service, Lodging, Business/Commercial, or Office Uses on the ground floor, with upper floors typically designed for Residential or Office Uses | CD-5 CD-5T CD-5W CD-6 CD-6T |
 | High-Rise Building A typically detached, large footprint minimum six-story Building that may provide a vertical and/or horizontal mix of Uses designed to facilitate pedestrian-oriented retail, hospitality, service, office, or other commercial Uses on the ground floor, with upper floors designed for commercial, Office, or residential Uses | CD-5T CD-6 CD-6T |
 | Civic Building A medium- to large-sized attached or detached Principal Building, which is operated by a not-for-profit organization or governmental entity dedicated to Civic activities, and is designed to stand apart from its surroundings due to the specialized nature of its Civic purpose. Examples include Libraries, Places of Worship, Places of Assembly, Courthouses, schools, centers of government, Performing Arts Venues, and Museums. Civic Buildings are often the most prominently sited and architecturally significant Buildings in a community. | CV |
Illustrations are provided for illustrative purposes only. | ||
NOTE: | ||
1Allowed only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue) | ||
(2)
Specific Standards for Principal Building Types.
Table 345.405.J-2 Principal Building Types: Specific Standards | |||
(a) | Cottage | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
 | Permitted | ||
| Not permitted | ||
 | Not applicable | ||
 | Required | ||
[1] | General Description | ||
A small Building designed as a Single-Family Detached Residential Dwelling, situated on a small Lot with an Edgeyard, often shared with an Accessory Building in the rear | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 1 maximum | ||
[4] | Allowed Private Frontages | ||
Common Yard | | ||
Fence | | ||
Porch | | ||
Stoop | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
2 Stories maximum | |||
[b] | Width | ||
Not regulated | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(b) | House | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A medium-sized Building designed as a Single-Family Detached Dwelling having an Edgeyard yard type that may be shared with an Accessory Building in the backyard. This Building type typically incorporates a single Residential unit. | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 1 maximum | ||
[4] | Allowed Private Frontages | ||
Common Yard | | ||
Fence | | ||
Porch | | ||
Stoop | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
2 Stories maximum | |||
[b] | Width | ||
Not regulated | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(c) | Estate House | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A large Building designed as a Single-Family Detached Residential Dwelling, situated on a large Lot with an Edgeyard, often shared with an Accessory Building in the rear | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 1 maximum | ||
[4] | Allowed Private Frontages | ||
Common Yard | | ||
Fence | | ||
Porch | | ||
Stoop | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
2 Stories maximum | |||
[b] | Width | ||
Not regulated | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(d) | Duplex | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A small- to medium-sized Principal Building situated on a small- to medium-sized Lot with an Edgeyard or a yard on one side yard and the rear, which Building contains 2 Dwelling Units with separate entrances at least 1 of which faces the Thoroughfare. Both Dwelling Units, whether side-by-side, front-to-back, or over-and-under, are contained within a single Building Massing. | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 1 per each of 2 attached Buildings | ||
[4] | Allowed Private Frontages | ||
Common Yard | | ||
Fence | | ||
Porch | | ||
Stoop | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
2 Stories maximum | |||
[b] | Width | ||
48 feet maximum | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
At least 1 unit must have an individual entry at the Principal Frontage. | |||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(e) | Townhouse | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A Principal Building in a collection of very narrow- to medium-sized attached Buildings on contiguous Lots with a Rear Yard (and a side yard if an end unit), which collection consists of side-by-side Dwelling Units with individual entries facing the Thoroughfare. Each Building occupies the full Frontage Line of its Lot and shares at least 1 party wall with another Building of the same type. | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Townhouse | 1 maximum | ||
Number of Townhouses connected to other Townhouses | 3 minimum to 8 maximum | ||
[4] | Allowed Private Frontages | ||
Porch | | ||
Stoop | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
Per Character District Height Standards | |||
[b] | Width | ||
12 feet minimum to 36 feet maximum per Townhouse | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(f) | Multifamily | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A Principal Building that incorporates 3 or more side-by-side and/or horizontally stacked Dwelling Units, typically with 1 or more shared entries | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 3 minimum | ||
[4] | Allowed Private Frontages | ||
Porch | | ||
Stoop | | ||
Forecourt | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
Per Character District Height Standards | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(g) | Live/Work | ||
 | |||
Permitted Districts | |||
| Allowed in CD-4 only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A small- to medium-sized attached or detached Principal Building, which includes a flexible space for Commercial Use and an internally connected Residential Dwelling Unit above and/or behind the flexible space | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 1 Residential unit per 1 flexible space | ||
[4] | Allowed Private Frontages | ||
Stoop | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
Shopfront | | ||
Officefront | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
Per Character District Height Standards | |||
[b] | Width | ||
18 feet minimum to 36 feet maximum | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(h) | Jewel Box | ||
 | |||
Permitted Districts | |||
| Allowed in CD-4 only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A small, temporary, or permanent Building intended to facilitate Retail/Personal Service, Commercial or Civic uses | |||
[2] | Number of Units | ||
Units per Building | 1 Nonresidential | ||
[3] | Lot | ||
Width | Per Character District Lot Width | ||
[4] | Allowed Private Frontages | ||
Shopfront | | ||
Gallery1 | | ||
Arcade1 | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
1 Story minimum; 2 Stories maximum | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Ground Floor Units | Principal Frontage | ||
Upper Floors Units | | ||
[7] | Vehicle Access and Parking | ||
Parking not required | |||
NOTE: | |||
1May only be used in combination with a Shopfront Frontage Type. | |||
(i) | Commercial | ||
 | |||
Permitted Districts | |||
| Allowed in CD-4 only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A small- to medium-sized attached or detached nonresidential Building, typically designed to facilitate pedestrian-oriented Retail/Personal Service/Artisan Uses and Office Uses | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | Unrestricted, except as may be due to Building Code | ||
[4] | Allowed Private Frontages | ||
Stoop | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
Shopfront | | ||
Officefront | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
Per Character District Height Standards | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Main Entrance Location | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(j) | Shop House | ||
 | |||
Permitted Districts | |||
| Allowed in CD-4 only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A Principal Building comprised of a Single-Family Detached Residential Dwelling or a Two-Family Detached Residential Dwelling to which premises accommodating an Office or Retail/Personal Service/Artisan Use shop are or have been added as a Building attachment between the Dwelling and the Frontage Line. The portion of the resulting Building comprised by the original Dwelling may be used as a Dwelling Unit, and the added Building attachment may be used for Office or Retail/Personal Service/Artisan Use. | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 1 Residential Dwelling and 1 Office or Retail/Personal Service/Artisan Establishment space | ||
[4] | Allowed Private Frontages | ||
Shopfront | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
1 Story minimum/maximum within 20 feet of Front Lot Line; 2 Stories minimum/maximum more than 20 feet of Front Lot Line | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Ground Floor Units | Principal Frontage | ||
Upper Floors Units | Principal Frontage | ||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
(k) | Mixed Use | ||
 | |||
Permitted Districts | |||
| Allowed in CD-4 only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A typically attached Principal Building which provides a vertical and/or horizontal mix of Uses typically designed to facilitate pedestrian-oriented Retail/Personal Service/Artisan, Lodging, or Office Uses on the ground floor, with upper floors typically designed for Residential or Office Uses | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 2 minimum, which must accommodate different Principal Uses | ||
[4] | Allowed Private Frontages | ||
Stoop | | ||
Forecourt | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
Shopfront | | ||
Terrace | | ||
Officefront | | ||
Gallery1 | | ||
Arcade1 | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
2 Stories minimum; 3 Stories maximum in CD-4; 6 Stories maximum in CD-5 | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Ground Floor Units | Principal Frontage | ||
Upper Floors Units | Principal or Secondary Frontage | ||
Upper floors units must be accessed by a common entry. | |||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
NOTE: | |||
1May only be used in conjunction with a Shopfront or Officefront Frontage type. | |||
(l) | Flex | ||
 | |||
Permitted Districts | |||
| 1 Allowed in CD-4 only for Principal Buildings on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not permitted | ||
| Not applicable | ||
| Required | ||
[1] | General Description | ||
A large footprint Principal Building designed to accommodate either a single Use or a vertical or horizontal mix of Uses. | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Not Regulated | |||
[4] | Allowed Private Frontage | ||
Stoop | | ||
Forecourt | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
Shopfront | | ||
Terrace | | ||
Officefront | | ||
Gallery1 | | ||
Arcade1 | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
Minimum as prescribed for applicable Character District; 3 stories maximum | |||
[b] | Width | ||
50 feet minimum; maximum per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Ground Floor Units | Principal Frontage | ||
Upper Floors Units | Principal or Secondary Frontage | ||
Upper floors units must be accessed by a common entry. | |||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
NOTE: | |||
1May only be used in conjunction with a Shopfront or Officefront Frontage type. | |||
(m) | Mid-Rise | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not Permitted | ||
| Not Applicable | ||
| Required | ||
[1] | General Description | ||
An attached or detached Building that may provide a vertical and/or horizontal mix of Uses, typically designed to facilitate pedestrian-oriented Retail/Personal Service, Lodging, Business/Commercial, or Office Uses on the ground floor, with upper floors typically designed for Residential or Office Uses | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 2 minimum, which may be Residential or Nonresidential | ||
[4] | Allowed Private Frontages | ||
Stoop | | ||
Forecourt | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
Shopfront | | ||
Terrace | | ||
Officefront | | ||
Gallery1 | | ||
Arcade1 | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
4 Stories minimum; 8 stories maximum | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Ground Floor Units | Principal Frontage | ||
Upper Floors Units | Principal or Secondary Frontage | ||
Upper floors units must be accessed by a common entry. | |||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
NOTE: | |||
1May only be used in conjunction with a Shopfront or Officefront Frontage type. | |||
(n) | High-Rise | ||
 | |||
Permitted Districts | |||
| | |||
Legend: | |||
The following notations are utilized in this table: | |||
| Permitted | ||
| Not Permitted | ||
| Not Applicable | ||
| Required | ||
[1] | General Description | ||
A typically detached, large-footprint, minimum six-story Building that may provide a vertical and/or horizontal mix of Uses designed to facilitate pedestrian-oriented retail, hospitality, service, office, or other commercial Uses on the ground floor, with upper floors designed for commercial, Office, or residential Uses | |||
[2] | Lot | ||
Width | Per Character District Lot Width | ||
[3] | Number of Units | ||
Units per Building | 2 minimum, which may be Residential or Nonresidential | ||
[4] | Allowed Private Frontages | ||
Stoop | | ||
Forecourt | | ||
Dooryard | | ||
Terrace/Lightwell | | ||
Shopfront | | ||
Terrace | | ||
Officefront | | ||
Gallery1 | | ||
Arcade1 | | ||
[5] | Building Size and Massing | ||
[a] | Height | ||
6 Stories minimum; 12 Stories maximum | |||
[b] | Width | ||
Per Character District Lot Width and Side Setback Standards | |||
[6] | Pedestrian Access | ||
Ground Floor Units | Principal Frontage | ||
Upper Floors Units | Principal or Secondary Frontage | ||
Upper floors units must be accessed by a common entry. | |||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
NOTE: | |||
1May only be used in conjunction with a Shopfront or Officefront Frontage type. | |||
(o) | Civic | ||
 | |||
Permitted Districts | |||
 | |||
[1] | General Description | ||
A medium- to large-sized attached or detached Principal Building which is operated by a not-for-profit organization or governmental entity dedicated to Civic activities, and is designed to stand apart from its surroundings due to the specialized nature of its Civic purpose. Examples include Libraries, Places of Worship, Places of Assembly, Courthouses, schools, centers of government, Performing Arts Venues, and Museums. Civic Buildings are often the most prominently sited and architecturally significant Buildings in a community. | |||
[2] | Lot | ||
Width | N/A | ||
[3] | Number of Units | ||
N/A | |||
[4] | Allowed Private Frontages | ||
N/A | |||
[5] | Building Size and Massing | ||
[a] | Height | ||
The height of Civic Buildings shall be limited to 20 additional feet above the maximum allowed height in any Adjacent Character District. | |||
[b] | Width | ||
Not Regulated | |||
[6] | Pedestrian Access | ||
Except as specifically provided in this article, Civic Buildings are not subject to the Building, Lot, or Private Frontage Requirements of this article. | |||
[7] | Vehicle Access and Parking | ||
Parking may be accessed from an Alley, side Thoroughfare or front Thoroughfare. | |||
K.
Uses.
(1)
General.
(b)
Principal Uses, Accessory Uses, and Temporary Uses are Permitted by Right ("P"), permitted as Special Exception Uses ("SE"), or not permitted ("NP"), in each case as indicated in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), and Table 345.405.K-3 (Building and Lot Temporary Uses).
[1]
Principal uses.
Table 345.405.K-1 Building and Lot Principal Uses | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Legend: The following notations are utilized in this table: | ||||||||||||||
| Permitted | |||||||||||||
 | Special exception | |||||||||||||
| Not permitted | |||||||||||||
Principal Use | CD-3 | CD-3 R20 | CD-3 R7 | CD-3 R5 | CD-4 | CD-5 | CD-5W | CD-5T, CD-6/ CD-6T | SD-PRD2 | SD-PMU3 | CV | C1 | CD-4MU | R2F |
Residential/Dwelling Uses Category | ||||||||||||||
Multifamily Dwelling | | | | | | | | | | | | | | |
Residence Portion of a Live/Work, Mixed-Use, Shop House, or Flex Building | | | | | | | | | | | | | | |
Single-Family Detached Dwelling | | | | | | | | | | | | | | |
Two-Family (Duplex) Dwelling | | | | | | | | | | | | | | |
Lodging Uses Category | ||||||||||||||
Bed-and-Breakfast, Inn, Hostel, or Hotel | | | | | 1 | | | | | | | | | |
Office Use Category | ||||||||||||||
Medical Office/Medical Clinic or Dental Clinic | | | | | 1 | | | | | | | | | |
Office Uses | | | | | 1 | | | | | | | | | |
Retail Use/Personal Service Use/Artisan Use Categories | ||||||||||||||
Alcoholic Beverage-Serving Establishment | | | | | 1 | | | | | | | | | |
Alcoholic Beverage Retail Sales | | | | | 1 | | | | | | | | | |
Artisan Establishment, with or without Retail Sales | | | | | 1 | | | | | | | | | |
Catering and Events Establishment | | | | | | | | | | | | | | |
Dance Hall and Cabaret | | | | | 4 | | | | | | | | | |
Drive-Through Establishment, including Drive-Through Retail, Personal Service, or Artisan Establishment | | | | | 1 | | | | | | | | | |
Pawnshop | | | | | | | | | | | | | | |
Personal Services Establishment | | | | | 1 | | | | | | | | | |
Restaurant, other than an Alcoholic Beverage-Serving Establishment | | | | | 1 | | | | | | | | | |
Retail Membership Club | | | | | 1 | | | | | | | | | |
Retail Food Sales, with or without on-premises preparation or processing | | | | | 1 | | | | | | | | | |
Retail Sales, Rental, or Leasing, other than Alcoholic Beverages, Retail Food Sales, Retail Membership Club, and Restaurant | | | | | 1 | | | | | | | | | |
Theater or Performing Arts Venue (non-Civic) | | | | | 1 | | | | | | | | | |
Civic Use Category | ||||||||||||||
Adult Day-Care Facility (Civic) | | | | | 1 | | | | | | | | | |
Cemetery/Funeral Services | | | | | 1 | | | | | | | | | |
Civic Building | | | | | | | | | | | | | | |
Civic Space - Community Garden | | | | | | | | | | | | | | |
Civic Space - Green | | | | | | | | | | | | | | |
Civic Space - Natural Areas | | | | | | | | | | | | | | |
Civic Space - Pocket Park or Playground | | | | | | | | | | | | | | |
Civic Space - Sports Field | | | | | | | | | | | | | | |
Civic Space - Square or Plaza | | | | | | | | | | | | | | |
Conference/Convention/ Exhibition Center (Civic) | | | | | | | | | | | | | | |
Courthouse | | | | | 1 | | | | | | | | | |
Fire/EMS Station | | | | | | | | | | | | | | |
Food Distribution Center (Civic) | | | | | 1 | | | | | | | | | |
Gallery (Civic) or Museum | | | | | 1 | | | | | | | | | |
Library | | | | | | | | | | | | | | |
Municipal Nonhazardous Waste Treatment or Disposal | | | | | | | | | | | | | | |
Parking Lot/Parking Structure | | | | | 4a | 4a | 4a | 4a | | 4a | 4a | 4a | 4a | 4a |
Performing Arts Venue (Civic) | | | | | 1 | | | | | | | | | |
Place of Assembly or Place of Worship | | | | | | | | | | | | | | |
Police Station | | | | | | | | | | | | | | |
Post Office | | | | | | | | | | | | | | |
Public Works Yard | | | | | 1 | | | | | | | | | |
Recreation Facility (Civic) | | | | | | | | | | | | | | |
Sports Venue (Civic) | | | | | | | | | | | | | | |
Transit Shelter | | | | | | | | | | | | | | |
Transit Station or Terminal | | | | | | | | | | | | | | |
Motor Vehicle-Related/Boat-Related Uses Categories | ||||||||||||||
Automobile Dealership Service Center | | | | | 1 | | | | | | | | | |
Boat Goods Maintenance/Cleaning/Repair/ Service | | | | | | | | | | | | | | |
Boat-Related Uses, other than public or private Marina/Boat or Yacht Club | | | | | | | | | | | | | | |
Gasoline Station | | | | | 1 | | | | | | | | | |
Marina/Boat or Yacht Club (Public) | | | | | | | | | | | | | | |
Marina/Boat or Yacht Club (Private) | | | | | | | | | | | | | | |
Motor Vehicle Body Shop | | | | | 1 | | | | | | | | | |
Motor Vehicle Goods Maintenance/Cleaning/Repair/ Service, other than Motor Vehicle Body Shop | | | | | 1 | | | | | | | | | |
Motor Vehicle Sales, Rental, or Leasing | | | | | 1 | | | | | | | | | |
Taxi or Ride-Share Center | | | | | 1 | | | 5 | | | | | | |
Recreation Use Category | ||||||||||||||
Commercial Indoor Athletic Training Facility | | | | | 1 | | | | | | | | | |
Recreation Facility (non-Civic) | | | | | 1 | | | | | | | | | |
Institutional Uses Category | ||||||||||||||
Long-Term Care Facility | | | | | 1 | | | | | | | | | |
Hospital | | | | | 1 | | | | | | | | | |
Rehabilitation Facility | | | | | 1 | | | | | | | | | |
Social (or Civic) Club, Lodge, or Organization | | | | | 1 | | | | | | | | | |
Veterinary Office, Clinic, or Hospital or Board and Care of Small Animals | | | | | 1 | | | | | | | | | |
Assisted Living Facility | | | | | | | | | | | | | | |
Industrial Uses Category | ||||||||||||||
Brewery, Distillery, Winery | | | | | 1 | | | | | | | | | |
Heavy Industrial or Manufacturing | | | | | | | | | | | | | | |
Light Industrial or Manufacturing | | | | | | | 6 | | | | | | | |
Machine Shop/Woodworking Shop, other than Artisan Establishment | | | | | 1 | | 6 | | | | | | | |
Microbrewery, Microdistillery, Microwinery, or Nanobrewery | | | | | 1 | | | | | | | | | |
Outdoor Storage | | | | | | | | | | | | | | |
Recycling Processing Facility | | | | | | | | | | | | | | |
Research Laboratory | | | | | 1 | | 6 | | | | | | | |
Scrap or Salvage Yard/Services | | | | | | | | | | | | | | |
Self-Storage Facility | | | | | | | | | | | | | 5a | |
Solid Waste Facility | | | | | | | | | | | | | | |
Warehousing or Distribution Facility | | | | | | | 6 | | | | | | | |
Wholesale Sales | | | | | 1 | | 6 | | | | | | | |
Education Uses Category | ||||||||||||||
Adult Day-Care Facility (non-Civic) | | | | | 1 | | | | | | | | | |
Child-Care Facility | | | | | 1 | | | | | | | | | |
Child-Care In Home | | | | | 1 | | | | | | | | | |
Children's Day Camp | | | | | 1 | | | | | | | | | |
Family Day-Care | | | | | 1 | | | | | | | | | |
School | | | | | 1 | | | | | | | | | |
Utilities Uses Category | ||||||||||||||
Solar Array System | | | | | 1 | | | | | | | | | |
Utility Distribution/Substation Switching Facility | | | | | | | | | | | | | | |
Utility Facility other than Utility Distribution/Substation Switching Facility, or Utility Pumping Station | | | | | | | | | | | | | | |
Utility Pumping Station | | | | | | | | | | | | | | |
Wireless Telecommunications Facility7 | | | | | | | | | | | | | | |
NOTES: 1 Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). 2 See Table 345.405.A-9. 3 See Table 345.405.A-10. 4 Use only allowed on Lots facing Midland Avenue and Boston Post Road. 4a Except for parking lots and structures in the CD-5T zoning district, all parking lots and structures must be Civic as defined by this chapter. 5 Permitted in Second and Third Lot Layers of MTA Parking lot if screened from all Frontages by Streetscreens or Buildings. 5a Use only allowed on Lots facing Boston Post Road (between the City of Rye Border and Slater Street) and Midland Avenue. 6 Use only allowed on Lots facing Townsend Street, Purdy Avenue, Dock Street and Martin Place. 7 See § 345-405W. 8 Offices for business, professional (includes primary residence, sole practitioner) where no goods or merchandise are manufactured, sold, or exchanged, and: a. No storage or commercial vehicles on property. b. No storage of materials of nonoffice materials on property. No noxious or offensive uses. No harmful discharge of waste. c. New structures with professional office: retain residential appearance of structure; preserve residential character of neighborhood. d. Shielding or screening of exterior illumination from surrounding residential properties. e. Total number of persons employed: limit to one for every 300 square feet of gross floor area. Further restruction at Board's discretion to prevent nuisances to surrounding properties. | ||||||||||||||
[2]
Accessory uses.
Table 345.405.K-2 Building and Lot Accessory Uses | |||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Legend: The following notations are utilized in this table: | |||||||||||||||
| Permitted | ||||||||||||||
| Special exception | ||||||||||||||
| Not permitted | ||||||||||||||
Accessory Use | CD-3 | CD-3 R20 | CD-3 R7 | CD-3 R5 | CD-4 | CD-5 | CD-5W | CD-5T, CD-6/ CD-6T | SD-PRD2 | SD-PMU3 | CV | C1 | CD-4MU | R2F | |
Accessory Building | | | | | | | | | | | | | | | |
Accessory Dwelling Unit | | | | | | | | | | | | | | | |
Accessory Garden Center | | | | | | | | | | | | | | | |
Convent on Site with Place of Worship | | | | | | | | | | | | | | | |
Dormitory on Site with Educational Institution | | | | | | | | | | | | | | | |
Food/Refreshment Stand | | | | | | | | | | | | | | | |
Gift Shop | | | | | | | | | | | | | | | |
Home Office or Occupation | | | | | | | | | | | | | | | |
Home Professional Office | | | | | | | | | | | | | | | |
Newsstand | | | | | | | | | | | | | | | |
Outdoor Storage | | | | | 1 | | | | | | | | | | |
Parish House, Rectory, Parsonage, or other Residence on site with Place of Worship | | | | | | | | | | | | | | | |
Parking Area or Structure | | | | | | | | | | | | | | | |
Recreation, refreshment and service uses of Structures in Civic Space incidental to the Civic Principal Use | | | | | | | | | | | | | | | |
Retail Sales Accessory to Warehousing or other Light Industrial or Manufacturing | | | | | 1 | | | | | | | 1 | 1 | | |
School on site with Place of Worship | | | | | | | | | | | | | | | |
Seminary on site with Place of Worship | | | | | | | | | | | | | | | |
Storage Building | 4 | 4 | 4 | 4 | 4 | 4 | 4 | 4 | | 4 | 4 | 4 | 4 | 4 | |
Storage of manure, or of odor- or dust-producing substances | | | | | | | | | | | | | | | |
Tasting Room on site with Brewery, Distillery, Winery | | | | | 1 | | | | | | | 1 | 1 | | |
Tier 2 Battery Energy Storage System facility | | | | | | | | | | | | | | | |
NOTES: 1 Use only allowed on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue). 2 See Table 345.405.A-10. 3 See Table 345.405.A-11. 4 only in Third Lot Layer.5 Use only permitted on lots where the principal use is a Single-Family Dwelling 9 Use only allowed on lots facing Midland Avenue and Boston Post Road between the City of Rye border and Slater Street | |||||||||||||||
[3]
Temporary uses.
Table 345.405.K-3 Building and Lot Temporary Uses | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
Legend: The following notations are utilized in this table: | |||||||||||
| Permitted | ||||||||||
| Special exception | ||||||||||
| Not permitted | ||||||||||
Temporary Use | CD-3 | CD-3 R20 | CD-3 R7 | CD-3 R5 | CD-4 | CD-5 | CD-5W | CD-6/ CD-6T | SD-PRD2 | SD-PMU3 | CV |
Transient Business1 | | | | | | | | | | | |
NOTES: | |||||||||||
2See Table 345.405.A-10. 3See Table 345.405.A-11 | |||||||||||
(c)
Each Principal Use, Accessory Use, and Temporary Use is subject to compliance with all other applicable standards and requirements of this chapter.
(d)
Without limitation, Accessory Uses must be subordinate and customarily incidental to a permitted Principal Use on the Lot.
(e)
Multiple Principal Uses may exist within a Building or Lot.
(2)
Uses Permitted by Right.
(a)
Principal Uses of Buildings and Lots in each District and Civic District must conform to the Principal Uses specified on Table 345.405.K-1 (Building and Lot Principal Uses) for such District or Civic District.
(b)
Accessory Uses of Buildings and Lots in each District and Civic District must conform to the Accessory Uses specified on Table 345.405.K-2 (Building and Lot Accessory Uses) for such District or Civic District.
(c)
Temporary Uses of Buildings and Lots in each District and Civic District must conform to the Temporary Uses specified on Table 345.405.K-3 (Building and Lot Temporary Uses).
(d)
Principal Uses, Accessory Uses, or Temporary Uses, as applicable, of Buildings and Lots, which are indicated in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses) as Permitted ("P") are allowed by right, subject to compliance with all other applicable provisions of this chapter.
(e)
Principal Uses, Accessory Uses, or Temporary Uses, as applicable, of Buildings and Lots, which are indicated in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses) as Special Exception ("SE") are allowed subject to compliance with all applicable provisions of § 345-405K(6) and other applicable provisions of this chapter and approval by the Decisionmaking Authority pursuant to § 345-805I.
(3)
Prohibited Uses. Principal Uses, Accessory Uses, or Temporary Uses, as applicable, of Buildings and Lots, which are indicated in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses), as applicable, which are not shown as Not Permitted ("NP"), or which are not shown in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses) as Permitted ("P") or Permitted as Special Exception ("SE"), or are otherwise prohibited pursuant to § 345-405K(7) or any other provision of the Village Code are prohibited.
(4)
Accessory Uses.
(a)
Accessory Uses are Permitted by Right or as Special Exception Uses, as indicated in Table 345.405.K-2 (Building and Lot Accessory Uses).
(b)
In Districts and Civic Districts, those Uses shown in Table 345.405.K-2 (Building and Lot Accessory Uses) as "P" (Permitted Accessory Use) are permitted in the applicable District or Civic District, as indicated, if subordinate and customarily incidental to a permitted Principal Use on the Lot.
(c)
In Districts and Civic Districts, those Uses shown in Table 345.405.K-2 (Building and Lot Accessory Uses) as "SE" (Special Exception Use) are permitted in the applicable District or Civic District, as indicated, if subordinate and customarily incidental to a permitted Principal Use on the Lot, compliant with all standards, requirements and conditions of § 345-405K(6), and subject to issuance of a Special Exception Use Permit pursuant to § 345-805I.
(5)
Temporary Uses. In order to accommodate the diverse needs of the community, certain transient or temporary uses are permitted on private property within the Village, as indicated in Table 345.405.K-3 (Building and Lot Temporary Uses). These uses that are listed in Table 345.405.K-3 (Building and Lot Temporary Uses) are permitted through an administrative review and permit approval process detailed in Village Chapter 206, Article III, (Transient Businesses) and do not require a separate development review and approval process as detailed in this chapter.
(6)
Special Exception Uses.
(a)
There are a number of Uses that present challenges that need special attention in order to lessen any potential impacts upon the community, including, but not limited to traffic, noise, lighting, landscaping, and screening. These Uses are classified as Special Exception Uses, with the intent of providing an enhanced review to assure that the proposed Use is in harmony with its surroundings and will not adversely affect the community. To assist in that review, a number of general and specific standards are provided.
(b)
Any Principal Use, Accessory Use, or Temporary Use shown as Special Exception ("SE") on Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses), is allowed subject to:
[1]
Compliance with all applicable conditions and requirements imposed by this § 345-405K(6);
[2]
Review and approval by the Decisionmaking Authority; and
(c)
The conditions, standards, and requirements of each Special Exception Use shall be applicable, irrespective of the Use being a Principal Use, an Accessory Use, or a Temporary Use.
(d)
The Planning Commission may impose any conditions on its approval of any Special Exception Use in addition to those set forth in § 345-405K(6)(e) and (f).
(e)
Any Special Exception Use must meet the following general conditions and requirements, as applicable:
[1]
The Special Exception Use will be in harmony with and promote the general purposes and intent of this chapter as stated in § 345-105.
[2]
The Special Exception Use must be consistent with the intent and purpose of this chapter and the objectives of the Village Comprehensive Plan.
[3]
The Special Exception Use must comply with all applicable standards and requirements of this chapter.
[4]
The Special Exception Use shall be designed, located, and proposed to be operated so that the health, safety, welfare, comfort, convenience and order of the Village will be protected.
[5]
The location and size of the Special Exception Use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it are such that it will be in harmony with the appropriate and orderly development of the area in which it is located.
[6]
The location, nature and height of Buildings, Structures, Walls, Fences, and the nature and extent of existing or proposed Screening on the site are such that the Special Exception Use will not hinder or discourage the appropriate Development and Use of Adjacent land and Buildings.
[7]
Operations in connection with any Special Exception Use will not be more objectionable to nearby properties by reason of noise, vehicular and pedestrian traffic, air, noise, stormwater runoff, demand on public services, or other such characteristics than would be the operations of permitted Uses not requiring a Special Exception Use approval.
(f)
For each Special Exception Use that is a Principal Use, the following specific conditions and requirements shall apply:
[1]
Drive-Through Establishment, including Drive-Through Retail, Personal Service, or Artisan Establishment.
[a]
All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, loudspeakers, drive-up windows, and other objects associated with the drive-through, must be located in the Third Lot Layer.
[b]
Sufficient vehicular stacking space outside the limits of the Thoroughfare right-of-way shall be provided in order that the paved surface of the highway and roadway shoulders will be not obstructed by vehicles or patrons.
[c]
There shall be no more than two Driveways on any Thoroughfare, and no Driveways shall be closer together than 15 feet at the Lot Line or be located fewer than five feet from any Lot Line except at the Frontage. All Driveways, Parking and vehicle stacking spaces shall be permanently improved with a paved surface.
[d]
All Buildings shall have a Buffer along any common boundary of a CD-3, CD-3R.20, CD-3R.7, or CD-3R.5, or SD-PRD District or any Civic District.
[e]
Adjacent properties shall be protected from Sign and headlight illumination as well as any noise associated from menu boards, ordering box, loudspeakers, and other audible object through opaque fencing or vegetation.
Illustration 345.405.K-4 Drive-Through  |
[f]
The operator or the owner of such Drive-Through Establishment shall furnish to the Village a public liability and property damage insurance policy naming the Village as assured or coassured, in the sum of $500,000 for each person, $1,000,000 per accident and $50,000 property damage limits, and covering all operations of said establishment, including adjoining sidewalks and roadways, said policy to be approved by the Village Attorney.
[2]
Pawnshop.
[a]
Any Pawnshop shall be operated by a pawnbroker, licensed in accordance with the provisions of Chapter 206 of the Village Code.
[b]
The establishment, maintenance, or operation of any Pawnshop shall not be detrimental to or endanger the public health, safety, morals, comfort and general welfare.
[c]
Pawnshops shall not be injurious to the Use and enjoyment of other property in the immediate vicinity, nor substantially diminish property values within the neighborhood.
[d]
No alcohol may be sold or consumed on the premises of a Pawnshop.
[e]
There may be no other pawnbroker, secondhand goods dealer, auction house dealer, or consignment house within 1,000 feet.
[f]
No Pawnshop may be located within 1,000 feet of a school, Place of Worship, or Place of Assembly.
[g]
No Pawnshop may be located within 250 feet of a CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District or Civic District boundary (measured from the Principal Entry of the Pawnshop).
[3]
Cemetery/Funeral Services.
[a]
The Lot shall not be less than 1/2 acre.
[b]
One dwelling unit for a caretaker shall be permitted on-site as an Accessory Use.
[c]
No crematorium shall be permitted.
[d]
All burial plots shall be located at least 30 feet from all property lines or street rights-of-way.
[e]
Assurances must be provided that water supplies of surrounding properties will not be contaminated by burial activity within the cemetery.
[f]
No burial plots or facilities shall be permitted on land within the floodplain.
[g]
For Funeral Services, since the nature of the use is such that it will generate a high volume of traffic and parking at certain times, adequate provisions must be made to provide for parking.
[4]
Automobile Dealership Service Center.
[a]
Servicing, repair and storage of vehicles; cosmetic reconditioning.
[i]
All servicing and repair of automobiles shall take place entirely within the Building, and no servicing or repair of vehicles shall be visible from any Adjacent public street. No painting or auto body repair work shall be permitted, except for Cosmetic Reconditioning to such vehicles as defined and to the extent permitted herein. There shall be no outdoor storage of vehicles being serviced or repaired except for temporary parking of such vehicles before and after servicing. On-site storage of vehicles for sale or resale shall be permitted at the site, provided that such storage of vehicles is solely contained within the Building.
[ii]
"Cosmetic reconditioning" is defined in Article 10 (Definitions) as incidental repairs and refinishing limited to plastic and trim parts of the vehicle, including bumpers, moldings, mirrors, headlight lenses, and the restoration of alloy wheels. Vehicle side panels may also be refinished on occasion when the bumper scrape may carry into the fender for a uniform repair. Cosmetic reconditioning shall not include painting of the complete vehicle.
[iii]
The cosmetic reconditioning equipment and the entire reconditioning operation shall be wholly contained within the existing service building. The applicant shall obtain the requisite exhaust emissions permit for the cosmetic reconditioning equipment from the Westchester County Department of Health. The applicant shall provide a current copy of the county permit and ensuing operating certificate to the Village. Any proposed changes to such operating permit shall require an amendment to the special exception use granted pursuant to this section. Said equipment shall be limited in size to no more than 3,000 square feet, and its operation shall be under the direction of the automobile dealership service center to only serve dealership customers during normal business hours and only on the level of reconditioning limitations noted herein as a customary accessory use to the automotive dealership service center.
[iv]
No traditional collision repair equipment, such as frame machines, welders or unibody straightening machines, shall be permitted in conjunction with the cosmetic reconditioning operation.
[b]
The minimum total Usable Floor Area utilized by the facility within the building shall be 50,000 square feet, of which portions of such Usable Floor Area shall be utilized exclusively as office space and/or employee utility space, together having a floor area ratio of more than 0.10 with reference to the total service area, and any area utilized exclusively as a customer service area shall not exceed 70% of the total Usable Floor Area.
[c]
A Retail Accessory Use shall be permitted at the site, provided that not more than 5% of the Usable Floor Area is utilized for such Retail Use.
[d]
In addition to the requirements of Article 7 (Sign Standards), no flashing, moving or intermittently illuminated advertising devices are permitted. All signs shall be integrated with the architectural design of the Structure. No Sign shall project above the roof of the Structure.
[e]
One gas pump may be installed at the site, provided that it is used solely for the vehicles being serviced or repaired therein, and it is not utilized for sale to the general public, and it is installed as required by the State of New York.
[f]
Such facility must be duly licensed as an authorized repair facility as required by the State of New York.
[g]
The applicant shall submit a traffic analysis which indicates that the proposed project can be accommodated by the existing roadway system and/or proposed improvements to the roadway system at satisfactory levels of service.
[h]
All plots, lots or parcels of land containing 15,000 or more square feet of area or having or proposing a use requiring 20 or more parking spaces, or both, shall comply with the following requirements:
[i]
The requirements of Table 345.405.N-1 (Vehicular Parking Requirements) shall not apply to this Use, except that there shall be provided an accessway running from a public road to the Parking Area of the lot.
[ii]
The way and drive contained therein shall be for the exclusive use of the property and Parking Area.
[iii]
The way at the curbline and throughout its length shall be not less than 15 feet from any other way or Driveway providing access to a public street and not less than five feet from any Lot Line, except a street Lot Line.
[iv]
Any Driveway providing ingress and egress to a public street shall not pass through the parking and/or drive area of any other lot.
[v]
Access, but not Frontage, may be provided by grant of easement, but the size of the Lot impressed with the Easement shall be reduced by the area comprising the easement before computing area, setback, and Special Exception Use requirements.
[vi]
The requirements of this section shall be in addition to the Frontage and minimum yard dimension requirements of this chapter.
[vii]
Any modification to the curb cuts at the site shall be approved by the New York State Department of Transportation.
[i]
The site must be located no more than 0.33 mile from an accessway to a New York State or U.S. highway.
[j]
There shall be provided at the site sufficient parking spaces for all vehicles stored or being serviced at any one period of time. In addition, sufficient parking for the office space and any retail space shall be provided in accordance with Table 345.405.N-1 (Vehicular Parking Requirements), except that there shall be no parking requirement for any retail space containing less than 500 square feet.
[k]
Loading spaces shall be provided at the site in accordance with Table 345.405.P-1 (Loading Space Requirement). All loading and unloading shall be performed entirely within the lot. Loading units shall be designated to ensure that vehicles serving the lot shall do so without backing into or out of any public street. Loading bay doors shall be appropriately screened from any public street.
[l]
Facilities for the collection and temporary storage of rubbish, garbage, and waste shall be provided within the structure or in secured containers on the site which are appropriately screened from any public street. Disposal of waste shall be performed in accordance with the standards promulgated by the State of New York.
[m]
The site shall be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where vehicles are stored; however, no electrified and/or razor ribbon fencing shall be permitted.
[6]
Gasoline Station.
[a]
Use of Gasoline Stations shall be limited to the Retail sale of motor fuel, lubricants and other motor vehicle supplies and parts and customary minor repair and service activities, not including body and fender work.
[b]
There shall be indoor bays or indoor space for no more than four motor vehicles. Except for a Driveway, which may be in the First Lot Layer and/or Second Lot Layer, access to such indoor bays and space shall be from the Third Lot Layer.
[c]
Use of a Gasoline Station for storage or parking of motor vehicles shall not be permitted.
[d]
All repair and service work other than emergency service shall be conducted entirely within a Building. There shall be no parking of partially dismantled or other motor vehicles except for temporary parking in the Third Lot Layer before and after servicing, not exceeding two days' duration, and no Outdoor Storage.
[e]
The site of the Gasoline Station shall have a Frontage of at least 150 feet on a public Thoroughfare and shall have a depth of at least 100 feet.
[f]
Gasoline pumps and other service equipment shall be located in the Third Lot Layer, as illustrated in Illustration 345.405.K-4 (Drive-Through). All other Buildings and Structures shall be set back 15 feet from Lot Lines, unless larger distances are specified in this chapter. All Buildings, pumps and other service equipment shall be set back at least 30 feet from the boundary of any CD-3, CD-3.R20, CD-3.R7, CD-3.R5, SD-PRD District or Civic District, and a Buffer shall be provided along any such boundary.
[g]
There shall be no more than two Driveways entering on any Thoroughfare. Such Driveways shall not be closer than 15 feet apart and shall be at least 20 feet along the Lot Line from any Thoroughfare intersection. There shall be a Curb at least six inches in height separating public Sidewalks and vehicle service areas except where Driveways cross the public Sidewalks. All Driveways in the Sidewalk area of the Thoroughfare right-of-way and vehicle service areas around the pumps shall be permanently improved with a paved concrete surface. All other vehicle service areas shall be improved with a paved surface as well.
[h]
Gasoline Stations shall be located at least 200 feet from any Place of Assembly, Place of Worship, Hospital, Library, school, community house, public park, civic use, or playground, Theater or other place at which the public gathers.
[i]
Where car wash service is offered, there shall be additional Lot Area sufficient to accommodate all waiting vehicles on-site but, in any case, not less than an additional 10,000 square feet and a drainage system to prevent surface drainage, approved by the Building Inspector.
[j]
If a Gasoline Station is proposed to include a Convenience Store operation, there shall be provided sufficient and designated parking to accommodate such Use, in addition to the Parking required for the Gasoline Station operation. Access to and from the property and the layout of the site shall be adequate to permit both convenience store and Gasoline Station patrons to enter and exit the site easily and safely.
[k]
All exterior lighting and Signs shall be oriented so as to minimize the visual impact upon Adjacent and nearby Residential Uses.
[l]
Other than that which is specifically shown on an approved Site Plan, there shall be shall be no outdoor storage, display, or signage.
[7]
Marina/Boat or Yacht Club (Private).
[a]
Such Use shall be primarily for the use of its members, except that transient boat slips may be provided.
[b]
Such Use shall be located so as not to become objectionable to surrounding and nearby property because of noise, traffic, or parking.
[c]
Restrooms, holding tanks and sewage disposal shall be provided in accordance with the regulations of the Village, county, and New York State.
[d]
There shall be provisions made for the collection and disposal of boat-generated solid wastes.
[e]
Outdoor lighting shall not project light onto nor shall light sources be visible from neighboring land properties. No marina light sources shall be more than 10 feet above the ground or dock level underneath it.
[f]
Accessory service functions may include the provision of fuel and supplies, minor and emergency repairs for boating and boat rentals. Boat storage shall only be permitted in an enclosed, permanent structure in the Third Lot Layer.
[g]
Fuel storage facilities shall be adequately containerized so as to prevent spillage, leakage or damage from storms and shall be set back no less than 50 feet from the mean high-water line; except that gasoline pumps may be located conveniently to service boats, provided that precautions are taken to prevent spillage in the waters of the Village. In no case shall fuel storage or service pumps be located less than 100 feet from adjacent lot lines.
[h]
Adequate off-street parking shall be provided for boat owners, visitors, and employees.
[8]
Motor Vehicle Goods Maintenance/Cleaning/Repair/Service, other than Motor Vehicle Body Shop.
[a]
All operations and activities shall take place entirely within an enclosed Building, and not visible from any Adjacent public Thoroughfare. No painting or auto body repair work may be permitted, except for Cosmetic Reconditioning to such vehicles as defined and to the extent permitted herein. There may be no Outdoor Storage or Parking of motor vehicles except for temporary parking of such vehicles before and after servicing.
[b]
A Retail Accessory Use may be permitted at the site, provided that not more than 5% of the total Usable Floor Area is utilized for such Retail use.
[c]
Such facility shall be duly licensed as an authorized repair facility.
[d]
The Applicant shall submit a traffic analysis which demonstrates that the proposed Use can be accommodated by the existing roadway system and/or proposed improvements to the roadway system at satisfactory levels of service.
[e]
All plots, Lots or parcels of land containing 15,000 or more square feet of area or having a Use requiring 20 or more parking spaces, or both, must comply with the following requirements:
[i]
There shall be provided a pedestrian accessway running from a public Thoroughfare to the Parking Area of the Lot.
[ii]
The way and drive contained therein shall be for the exclusive use of the property and Parking Area.
[iii]
The way at the curbline and throughout its length shall be not less than 15 feet from any other way or Driveway providing access to a public street and not less than five feet from any lot line, except at the Frontage.
[iv]
Any Driveway providing ingress and egress to a public Thoroughfare shall not pass through the Parking Area and/or Driveway of any other Lot.
[v]
Access, but not Frontage, may be provided by grant of Easement, but the size of the Lot impressed with the Easement shall be reduced by the area comprising the Easement area before computing area, setback, and Special Exception Use requirements.
[vi]
The requirements of this section shall be in addition to the Frontage and minimum Lot and setback requirements of this chapter.
[vii]
Any modification to the curb cuts at the site shall be approved by the New York State Department of Transportation.
[f]
There shall be provided at the site sufficient Parking spaces for all vehicles stored or being worked on at any one period of time.
[g]
Service bay and loading bay doors shall be accessed from the Third Lot Layer, except for any Driveway from the Thoroughfare through the First Lot Layer and Second Lot Layer, and shall be Screened from all Frontages. See Illustration 345.405.K-4 (Drive-Through).
[h]
Disposal of waste shall be performed in accordance with the standards promulgated by the State of New York.
[9]
Motor Vehicle Sales, Rental, or Leasing.
[a]
Adequate provisions shall be made for the collection and disposal of stormwater runoff from the site to prevent excessive surface drainage.
[b]
There shall be no Outdoor Storage of motor vehicles, excluding required Parking Areas. All Parking Areas shall be provided with Curb blocks to prevent overrunning of vehicular area boundaries.
[c]
All area lighting fixtures shall be so designed and located that no light source is visible from outside the property line, no direct rays fall outside the property line and no light fixture is more than 20 feet above the finished grade.
[d]
The establishment shall have an on-site office Building, including all appropriate sanitary facilities.
[e]
There shall be no more than two Driveways entering on any Thoroughfare. Such Driveways shall be at least 20 feet along the Lot Line from any Thoroughfare intersection.
[f]
Protective fencing and Screening at least four feet high shall be erected on all boundaries of the Lot except along the Front Lot Line, and such fencing and Screening shall be at least eight feet high along any Adjacent District CD-3, CD-3.R20, CD-3.R7, CD-3.R5, SD-PRD, or Civic District boundary.
[g]
No servicing and repair of motor vehicles shall be permitted. No painting or motor vehicle body repair work other than Cosmetic Reconditioning shall be permitted.
[10]
Adult Day-Care Facility (Non-Civic)
[a]
The location, size, and character of the Use shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated.
[b]
All requirements of New York State that pertain to the Use and operation of the facility shall be met.
[c]
The person primarily responsible for the Facility shall be a full-time resident.
[d]
Such Facility shall not provide medical- or personal-care services that extend beyond assistance with dressing, bathing, diet and medication prescribed for self-administration.
[e]
Such Facility shall not be housed in an Accessory Structure.
[f]
Fencing shall be provided to restrict occupants from hazardous areas, such as open drainage ditches, wells, holes and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict occupants from these areas.
[11]
Veterinary Office, Clinic, or Hospital, or Board and Care of Small Animals.
[a]
The Lot area shall be not less than a 1/2 acre.
[b]
The property shall contain adequate space for outdoor exercise areas for any animals boarding and/or being cared for at the facility.
[c]
All Buildings and exercise areas shall be set back a minimum of 50 feet from any Adjacent Residential Use or residentially zoned area; such set back shall be suitably landscaped to serve as a buffer area.
[d]
All animals shall be boarded indoors overnight.
[e]
The facility shall be duly licensed as required by New York State law.
[f]
The facility shall be operated so as to cause no disruption to neighboring properties.
[g]
Whenever animals are boarded overnight, there shall be at least one employee on-site at all times.
[12]
Brewery, Distillery, or Winery.
[a]
Compliance with SEQRA. Any application for a Brewery, Distillery, or Winery shall include a Full Environmental Assessment Form ("FEAF"), Part 1 under SEQRA. In addition to the minimum requirements in the FEAF, the application must include discussion within the form itself or in an attached supplement of impacts specifically on the following resources:
[b]
A Tasting Room is permitted on-premises as an Accessory Use and may not exceed 30% of the total Usable Floor Area.
[c]
Service trucks loading and unloading materials and equipment shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, and 11:00 a.m. and 7:00 p.m. on Sundays and national holidays.
[d]
By-products or waste from the production of malt, vinous or distilled liquor shall be discharged properly. The following shall be prohibited from being discharged directly into the public sanitary sewer system:
[i]
Any liquid or vapor having a temperature higher than 150°F. (65°C.).
[ii]
Brewery, Distillery, or Winery slops capable of causing obstruction to the flow of the sewers or other interference with the proper operation of the sewage works.
[iii]
Any waters or wastes, acid and alkaline in reaction, having corrosive properties capable of causing damage or hazard to structures, equipment and personnel of the sewage works.
[e]
Any Brewery, Distillery, Winery, and/or associated Tasting Room shall obtain the appropriate manufacturing, wholesale, retail, marketing and/or other permits or licenses prior to the issuance of a Certificate of Occupancy.
[13]
Warehousing or Distribution Facility, other than Self-Storage Facility or Wholesale Sales.
[a]
Such Uses may be approved only in areas where there is an existing Light Industrial Use within 300 feet of the subject property.
[b]
Adequate Screening from all Adjoining property and Frontages shall be provided.
[c]
Such Use shall have direct access onto an arterial or major collector road.
[d]
No Outdoor Storage shall be permitted.
[14]
Self-Storage Facility.
[a]
Such Use shall comply with the standards of § 345-405K(6)(f)[13] above.
[b]
Architecture shall reinforce the importance of the pedestrian and public realms. Ribbon windows are not permitted.
[c]
Facades visible from Boston Post Road and Interstate 287 shall reflect the architectural significance of their location and their significance as a gateway into the Village of Port Chester.
[d]
A variety of Building designs shall be used to avoid similarity in appearance.
[15]
Light Manufacturing Plant or Machine Shop/Woodworking Shop, other than Artisan Establishment.
[a]
Such Use shall comply with the standards of Subsection K(6)(f)[10] above.
[b]
No processes or equipment may be used that creates heat, glare, dust, smoke, fumes, odors, or vibration detectable off the property.
[c]
All light manufacturing activities shall be within a fully enclosed Building.
[16]
Research Laboratory.
[a]
Such Use shall comply with the standards of § 345-405K(6)(f)[13] above.
[b]
All laboratory activities shall be conducted in a fully enclosed Building.
[c]
No processes or equipment may be used that creates heat, glare, dust, smoke, fumes, odors, or vibration detectable off the property.
[17]
Child-Care Facility or Child-Care in Home or Family Day-Care.
[a]
The location, size, and character of the Use shall be such that it will be in harmony with the appropriate and orderly development of the neighborhood in which it is situated.
[b]
All requirements of New York State that pertain to the Use and operation of the facility shall be met.
[c]
A Child-Care Facility shall not be housed in an Accessory Structure.
[d]
Such Use shall be no more than 15,000 square feet in area.
[e]
A transportation management and parking plan shall be provided as part of the Special Exception Use application.
[f]
If an outdoor play area is provided, it shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access of children to neighboring properties, traffic, or other hazards.
[18]
Solar Array System. For a Solar Array System, the following standards shall be required in addition to the requirements of the Character District that the Property is located in:
[a]
A minimum setback of 20 feet from any neighboring dwelling.
[b]
Minimum eight-foot perimeter landscaped buffer of native, drought-resistant plantings around all mechanical equipment and solar panels to provide screening.
[c]
Low-maintenance, drought-resistant, natural ground cover under and between panels.
[d]
The Site shall be a maximum of 20% Impervious Surface.
[e]
On-site utility and transmission lines shall be placed underground, where possible.
[f]
Facility design and location shall prevent reflective glare towards neighboring buildings and street rights-of-way.
[g]
Any mechanical equipment shall be screened with a self-locking gate and landscaping.
[h]
"Proof of Concept" letter from the local utility acknowledging interconnection.
[i]
A Sign shall be posted with owner contact information and warning signage.
[j]
A decommissioning plan shall be provided.
(g)
Each Special Exception Use that is an Accessory Use must comply with the specific applicable conditions and requirements indicated for each of them in addition to complying with §§ 345-405K(6)(e), 345-405K(4), and any additional conditions imposed by the Planning Commission pursuant to § 345-405K(6)(d):
[1]
Home Professional Office.
[a]
Such office shall be in the main Building on the Lot and shall not occupy more than 25% of the total Usable Floor Area of said Building. Should the spouse of a practitioner also use the residence for a Home Professional Office, the total allowable floor area for both practitioners shall not exceed 40% of the total Usable Floor Area of the Building.
[b]
The residential character of the Building and Lot shall be preserved.
[3]
Retail Sales Accessory Use to Warehousing or other Light Industrial or Light Manufacturing.
[a]
Not more than 25% of the total Usable Floor Area of the Building shall be utilized as Retail space.
[4]
Accessory Dwelling Units.
[a]
In the event the property is either sold or the unit is vacated, the Special Exception Permit will become null and void, unless a complete submission for a Special Exception Permit is made within 60 days of the sale of the property or vacancy. If approval is not sought within 60 days of the sale of the property or vacancy, or the Special Exception Permit is denied, the property must be restored to its original single-family status, permanent cooking facilities must be removed, and all water and sanitary connections from a detached Accessory Dwelling Unit to the primary structure must be completely removed.
[b]
All facilities are subject to annual inspection by the Building Department or Code Enforcement Department.
[c]
No open violations may exist on a property seeking approval for an Accessory Dwelling Unit.
(7)
Unlisted Uses.
(a)
If a Use is not listed but is similar in nature and impact to a use that is listed in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses), the Planning and Economic Development Zoning Administrator may interpret the Use as permitted via written documentation.
(b)
If a Use is not listed and cannot be interpreted as similar in nature and impact to a use that is listed in Table 345.405.K-1 (Building and Lot Principal Uses), Table 345.405.K-2 (Building and Lot Accessory Uses), or Table 345.405.K-3 (Building and Lot Temporary Uses), the Use shall be deemed prohibited.
(8)
Special Standards for Specific Uses.
(a)
Purpose. This subsection provides for certain Uses Permitted by Right, special standards to ensure their compatibility with their surroundings and ensure their harmony with the community.
(b)
Specific Standards.
[1]
Alcoholic Beverage-Serving Establishment or Alcoholic Beverage Retail Sales.
[a]
May not be located within 300 feet of any Place of Worship, school, or Civic Space; may not be located within 100 feet of any CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District line.
[2]
Home Office or Occupation.
[a]
The Home Occupation must be located within a fully enclosed Building owned or occupied by a resident of the site. A Home Occupation may not be established prior to residential occupancy of the site by the operator of the Home Occupation.
[b]
The residential character of the Building and Lot shall be preserved.
[3]
Medical Office/Medical Clinic or Dental Clinic.
[a]
If emergency medical services are provided, adequate emergency access shall be assured via access to a major Thoroughfare. A Site Plan shall be provided for approval by the Planning Commission, showing compliance with the above condition and the Site Plan regulations.
[4]
Microbrewery, Microdistillery, Microwinery, or Nanobrewery.
[a]
Any application for a Brewpub, Microbrewery, Microdistillery, Microwinery, or Nanobrewery must include a Short Environmental Assessment Form ("SEAF"), Part 1 of SEQRA. In addition to the minimum requirements in the SEAF, the application must include discussion within the form itself or in an attached supplement of impacts specifically on the following resources:
[b]
No more than 70% of the total Usable Floor Area of the establishment shall be used for the brewing, distilling, or wine-making function.
[c]
The manufacturing and bottling process shall not produce adverse odors, dust, vibration, noise, effluent, excessive wastewater, or other external impacts that cause a significant disturbance off-site.
[d]
Any Microbrewery, Microdistillery, Microwinery, or Nanobrewery shall obtain the appropriate manufacturing, wholesale, retail, marketing and/or other permits or licenses prior to the issuance of a certificate of occupancy.
L.
Encroachments. Encroachments of Building Elements are allowed within each District and Civic District only as set forth in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards), respectively.
M.
Screens, Streetscreens and Buffers.
(1)
Compliance with Standards. Any Screen, Streetscreen, or Buffer must comply with the applicable standards and requirements in Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards), and this § 345-405M, as applicable.
(2)
When Screening Required. Screening of the items and conditions indicated must be provided as required for each applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards), or for each applicable Civic District in Table 345.405.B (Civic District Standards), and this § 345-405M, as applicable, except in each case, at any Driveway.
(3)
Location of Streetscreen. Any Streetscreen must be located as set forth in Tables 345.405.A-1 through 345.405.A-14 (District Standards).
(4)
Wall Screen/Streetscreen Material. Any Wall Screen or Streetscreen must be constructed of the materials specified in Tables 345.405.A-1 through 345.405.A-14 (District Standards).
(5)
Fence Screen/Streetscreen Material. Any Fence Screen or Streetscreen must be constructed of the materials specified in Tables 345.405.A-1 through 345.405.A-14 (District Standards).
(6)
Hedge Screen/Streetscreen Standards. A hedge Screen or Streetscreen must consist of plants meeting the standards of Tables 345.405.A-1 through 345.405.A-14 (District Standards).
(7)
Openings in Streetscreens. Streetscreens must have openings no larger than necessary to allow vehicular and pedestrian access.
(8)
Buffer Requirements. Except as otherwise specifically provided in this chapter, all required Buffers must meet the following requirements:
(a)
Minimum twenty-five-foot depth; and
(b)
Comprised of evergreen trees:
[1]
At installation being at 2 1/2 inches in caliper, measured three feet from the base of the trunk, and at least six feet tall;
[2]
Having a height at maturity that will block the view from Adjoining property of all Parking, operations, loading, and Outdoor Storage and at least the first two Stories of any Structure; and
[3]
Having an opacity from the ground through the tallest part of the tree of at least 90%.
Illustration 345.405.M Buffer  |
(9)
Where Buffer Required. Where any District Adjoins a CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District boundary, a Buffer must be provided within the Lot. In any other location, a buffer must be provided as specified in this chapter.
N.
Vehicular Parking.
(1)
Vehicular Parking.
(a)
Vehicular Parking must be provided in accordance with this § 345-405N and Table 345.405.N-1 (Vehicular Parking Requirements), must comply with and be located and in accordance with Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards) and must be designed in accordance with Table 345.405.N-3 (Off-Street Vehicular Parking Space Dimensions). Changes of Use from one permitted use to another permitted use within Existing Buildings in the CD-5, CD-5W, CD-5T, CD-6, and CD-6T zoning districts are not subject to the Vehicular Parking Requirements in 345.405.N-1, provided any parking facilities existing to serve the Existing Buildings shall not in the future be reduced.
Table 345.405.N-1 Vehicular Parking Requirements | |
|---|---|
Principal Use | Minimum Number of Spaces of Parking Available to Lot Per Unit of Measure |
Residential/Dwelling Uses Category | |
Multifamily Dwelling | 2 per Dwelling Unit in SD-PRD; within the transit-oriented parking district, 1 per Dwelling Unit, plus 1/4 space per bedroom in excess of 1, outside the transit-oriented parking district, 1 space per unit plus 1/4 space per bedroom.* |
Residence Portion of a Live/Work, Mixed-Use, Shop House, or Flex Building | 1 per Dwelling Unit, within the transit-oriented parking district, 1 per Dwelling Unit, plus 1/4 space per bedroom in excess of 1, outside the transit-oriented parking district, 1 space per unit plus 1/4 space per bedroom.* |
Single-Family Detached Dwellings | 2 per Dwelling Unit, plus 1 per any rented room |
Two-Family (Duplex) Dwelling | 2 per Dwelling Unit |
Lodging Uses Category | |
Bed-and-Breakfast, Hostel, Inn, or Hotel | 1 per Dwelling Unit, plus 1 per guest bedroom, plus 1 per each 2 employees on the premises at 1 time |
Office Uses Category | |
Medical Office/Medical Clinic or Dental Clinic; Office Uses | 1 per 200 square feet of total Usable Floor Area |
Retail/Personal Service/Artisan Uses Categories | |
Alcoholic Beverage-Serving Establishment | 1 per 4 permanent seats at tables |
Alcoholic Beverage Retail Sales | 1 per 500 square feet of total Usable Floor Area |
Artisan Establishment, with or without Retail Sales | 1 per 500 square feet of total Usable Floor Area |
Catering Service or Catering and Events Establishment | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Dance Hall and Cabaret | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Drive-Through Establishment, including Drive-Through Retail, Personal Service, or Artisan Establishment | Parking for Principal Use, plus 1 per each 600 square feet of total Lot area, in addition to required vehicle stacking space |
Pawnshop | 1 per 500 square feet of total Usable Floor Area |
Personal Services Establishment | 1 per 500 square feet of total Usable Floor Area |
Restaurant, other than an Alcoholic Beverage-Serving Establishment | 1 per 4 permanent seats at tables |
Retail Membership Club | 1 per 500 square feet of total Usable Floor Area |
Retail Food Sales, with or without on-premises preparation or processing | 1 per 200 square feet of total Usable Floor Area |
Retail Sales, Rental, or Leasing, other than Alcoholic Beverages, Retail Food Sales, Retail Membership Club, and Restaurant | 1 per 200 square feet of total Usable Floor Area |
Theater or Performing Arts Venue (non-Civic) | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Civic Uses Category | |
Adult Day-Care (Civic) | 1 per 200 square feet of gathering or activity Usable Floor Area |
Cemetery/Funeral Services | 1 per full time employee, plus 1 per 40 square feet of public Usable Floor Area |
Civic Building | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Civic Space - Community Garden, Green, Natural Areas, Pocket Park or Playground, Sports Field, Square or Plaza | 1 per 5,000 square feet of gross land area |
Conference/Convention/Exhibition Center (Civic) | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Courthouse | 1 per employee, plus 1 per every 3 seats of seating available to the public in the courtrooms |
Fire/EMS Station | Not regulated |
Food Distribution Center (Civic) | 1 per 1,000 square feet of total Usable Floor Area |
Gallery (Civic) or Museum | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Library | 1 per 4 seats, plus 1 per 2,000 square feet of total Usable Floor Area |
Municipal Non-Hazardous Waste Treatment or Disposal | Not regulated |
Parking Lot/Parking Structure (Civic) | Not regulated |
Performing Arts Venue (Civic) | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Place of Assembly or Place of Worship | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Police Station | Not regulated |
Post Office | 1 per 500 square feet of Usable Floor Area |
Public Works Yard | Not regulated |
Recreation Facility (Civic) | 1 per 200 square feet of activity Usable Floor Area, plus 1 per 200 square feet of gross swimming water surface area, plus 2 spaces per tennis court, plus 5 spaces per basketball court. plus 15 spaces per athletic field |
Sports Venue (Civic) | 1 per 3 permanent seats, or 1 per each 40 square feet of seating area where fixed seating is not provided |
Transit Shelter | Not regulated |
Transit Station or Terminal | Transit vehicle storage space, plus 1 per 150 square feet of waiting area, plus 1 per 2 employees |
Motor Vehicle-Related/Boat-Related Uses Categories | |
Automobile Dealership Service Center | 1 per 200 square feet of Usable Floor Area, plus 0.25 per vehicle available for rental or sale, plus 1 per employee work station, plus 1 per vehicle storage space, plus 1 per work bay |
Boat Goods Maintenance/Cleaning/Repair/Service | 1 per 500 square feet of total Usable Floor Area |
Boat-Related Uses, other than Marina/Boat or Yacht Club | 1 per 200 square feet of administrative space, plus 1 per 10 Boat storage spaces, plus 2 per Boat Ramp, plus 1 per Boat available for rental, plus 1 per employee work station, plus 2 per work bay |
Gasoline Station | Vehicle fueling and stacking area, plus 1 per 200 square feet of Usable Floor Area |
Marina/Boat or Yacht Club (Public or Private) | 1 per 200 square feet of administrative space, plus 1 per 10 Boat storage spaces |
Motor Vehicle Body Shop | 1 per 200 square feet of Usable Floor Area, plus 0.25 per vehicle available for rental or sale, plus 1 per employee work station, plus 1 per vehicle storage space, plus 1 per work bay |
Motor Vehicle Goods Maintenance/Cleaning/Repair/Service, other than Motor Vehicle Body Shop | 1 per 200 square feet of Usable Floor Area, plus 0.25 per vehicle available for rental or sale, plus 1 per employee work station, plus 1 per vehicle storage space, plus 1 per work bay |
Motor Vehicle Sales, Rental, or Leasing | 1 per 200 square feet of Usable Floor Area, plus 0.25 per vehicle available for rental or sale, plus 1 per employee work station, plus 1 per vehicle storage space, plus 1 per work bay |
Taxi or Ride-Share Center | Vehicle storage space, plus 2 per employee work station |
Recreation Uses Category | |
Commercial Indoor Athletic Training Facility | 1 per 1,000 square feet of total Usable Floor Area |
Recreation Facility (non-Civic) | 1 per 200 square feet of activity Usable Floor Area, plus 1 per 200 square feet of gross swimming water surface area, plus 2 spaces per tennis court, plus 5 spaces per basketball court, plus 15 spaces per athletic field |
Institutional Uses Category | |
Long-Term Care Facility | 1 per 5 beds |
Hospital | 0.50 per bed |
Rehabilitation Facility | 0.50 per bed |
Social (or Civic) Club, Lodge, or Organization | 1 per 200 square feet of gathering or activity Usable Floor Area |
Veterinary Office, Clinic, or Hospital or Board and Care of Small Animals | 1 per 200 square feet of total Usable Floor Area |
Industrial Uses Category | |
Brewery, Distiller, Winery | 1 per 2,000 square feet of Usable Floor Area, with a minimum of 2 spaces per employee on-premises at one time, but no fewer than 2 spaces |
Light Industrial or Manufacturing | 1 space per 2,000 square feet of total Usable Floor Area, with a minimum of 1 space per 2 employees on-premises at one time, but no fewer than 2 spaces |
Machine Shop/Woodworking Shop, other than Artisan Establishment | 1 space per 1,000 square feet of total Usable Floor Area, with a minimum of 1 space per 2 employees on-premises at one time, but no fewer than 2 spaces |
Microbrewery, Microdistillery, Microwinery, or Nanobrewery | 1 per 2,000 square feet of Usable Floor Area, with a minimum of 2 spaces per employee on-premises at one time, but no fewer than 2 spaces |
Research Laboratory | 1 space per 1,000 square feet of total Usable Floor Area, with a minimum of 1 space per 2 employees on-premises at one time, but no fewer than 2 spaces |
Self-Storage Facility | 1 per 11,500 square feet of Usable Floor Area |
Warehousing or Distribution Facility | 1 per 10,000 square feet of Usable Floor Area, with a minimum of 2 spaces per employee on-premises at one time, but no fewer than 2 spaces |
Wholesale Sales | 1 per 2,000 square feet of total Usable Floor Area, with a minimum of 1 per 2 employees on-premises at onetime, but no fewer than 2 spaces |
Education Uses Category | |
Adult Day-Care Facility (non-Civic) | 1 per 3 seats or 1 per 200 square feet of activity Usable Floor Area, whichever is greater |
Child-Care Facility | 1 per staff member |
Child-Care in Home | Not regulated |
Children's Day Camp | 1 per staff member |
Family Day-Care | 1 per staff member |
School | 1 per teacher or other staff, plus 0.50 per student seat |
Utilities Uses Category | |
Solar Array System | Not regulated |
Utility Distribution/Substation/Switching Facility | Not regulated |
Utility Pumping Station | Not regulated |
Wireless Telecommunications Facility | Not regulated |
NOTES: | |
*Properties that have any area within the transit-oriented parking district are considered within the transit-oriented parking district. |
(b)
Vehicular Parking required to be available for each Lot shall be determined based on the quantity of Principal Use(s) of the Lot, as determined by § 345-405N(1)(c), (d), and Table 345.405.N-1 (Vehicular Parking Requirements), subject to reduction pursuant to § 345-405N(1)(e), (f), (g), and (h).
(c)
Number of available spaces.
[1]
The number of spaces of parking available to a Lot is the sum of:
[a]
All spaces within the Lot;
[b]
All spaces Adjacent to the Frontage Line on the same side of the Thoroughfare as the Lot, except for Lots within the CD-4, RF2, C1 and CD4-MU Districts; and
[c]
If elected by the Applicant, all spaces within the same Block or an Adjacent Block in a public Parking Lot or Parking Structure or by parking agreement or Easement. The Department of Planning and Economic Development Zoning Administrator shall establish a radius of impact to be the appropriate general standard for use of public parking to count towards the parking of a particular application or site.
[2]
Any fractional spaces shall be rounded down to the nearest whole number.
(d)
For purposes of this § 345-405N(1), the number of parking spaces required shall be the sum of the requirements for each land use and shall be reduced by the Decisionmaking Authority, where the applicant demonstrates to the satisfaction of the Decisionmaking Authority that the capacity of the application for development of a Lot will satisfy the purposes of this chapter by reason of variation in the probable time of maximum use by residents, visitors, patrons, deliverers and/or employees.
(e)
(Reserved)
(f)
(Reserved)
(g)
In determining compliance with this § 345-405N(1), the following shall not be counted:
(h)
If additional parking spaces are required after the application of § 345-405N(1)(d), the total number of parking spaces required to be available to a Lot may be reduced by a payment in lieu of parking, to be calculated and remitted at the time of issuance of a temporary or permanent certificate of occupancy, whichever occurs earlier, and as a prerequisite for the issuance of such a certificate of occupancy, as follows:
[1]
For a lot greater than 12,000 square feet, where a ratio of off-street parking spaces per unit less than the required minimum but no less than 1.0 is proposed, a parking fee in lieu of $45,000 per space shall be required, except for lots making use of the public parking incentive program as provided in § 345-405X.
[2]
For a Lot of a maximum size of 12,000 square feet, the number of required parking spaces for such Lot may be reduced by one space for every $30,000 paid into a fund established by the Village for parking improvements within the Village, for up to a 100% reduction of the total number of required parking spaces for the Lot.
(i)
Off-Street Parking Design Standards.
[1]
Parking Space Dimensions: General. Except as otherwise provided for compact vehicle parking accommodations under § 345-405N(1)(i), the dimensional standards set forth in Table 345.405.N-3 (Off-Street Vehicular Parking Space Dimensions) are applicable to off-street parking accommodations.
Table 345.405.N-3 Off-Street Vehicular Parking Space Dimensions | |||
|---|---|---|---|
Parking Angle (degrees) | Stall Width (feet) | Minimum Stall Length (feet) | Aisle Width |
0° | 8 | 21 | 12 feet |
30° to 53° | 8 to 9 | 18 | 13 feet 0 inches |
54° to 74° | 8 to 9 | 18 | 16 feet 0 inches |
75° to 90° | 8 to 9 | 18 | 21 feet |
[2]
Parking Space Dimensions: Compact Cars. Up to 30% of the total number of parking spaces in Parking Areas, Parking Lots, and Parking Structures that provide parking for at least 50 cars may be provided as Parking for compact cars. Such compact car spaces must be separately signed and marked in distinct separate areas. The dimensional requirements for compact car spaces are as set forth in Table 345.405.N-4 (Off-Street Compact Vehicle Parking Space Dimensions).
Table 345.405.N-4 Off-Street Compact Vehicle Parking Space Dimensions | |||
Angle of Parking (degrees) | Width of Space (feet) | Length of Space (feet) | Aisle Width (feet) |
45° | 7.5 | 17 | 12 |
60° | 7.5 | 18 | 15 |
90° | 7.5 | 16 | 21 |
[3]
Access Ramps. Any ramps leading from a Thoroughfare to a Parking Lot, Parking Area, Garage, or Parking Structure must be at least 20 feet wide for two-way traffic and 10 feet wide for one-way traffic.
[4]
Curbs. Curbs must be made of granite or concrete at heights between six inches and eight inches above the elevation of the Thoroughfare and must be at least six inches wide.
[5]
Curb cuts and returns. Curb cuts must be at least 20 feet wide for two-way access and 10 feet wide for one-way access. Except as otherwise expressly provided in this chapter with respect to required number of Driveways, Lots shall be limited to one curb cut per Lot.
[6]
Paving. Access Driveways and Parking Areas must be paved in accordance with Village specifications.
[7]
Landscaping and Design of Parking Area or Parking Lot. Any Parking Area or Parking Lot having more than five parking spaces must:
[a]
Have at least 5% of its total area landscaped in accordance with the requirements set forth in § 345-405N(1)(i)[7][b] below;
[b]
Have a planting area at least five feet wide, with plantings three to five feet on center, provided that if the requirement of § 345-405N(1)(i)[7][a] is otherwise met and five or more parking spaces Adjoin a Lot Line or Thoroughfare right-of-way, the Zoning Administrator may waive the requirement for such Adjoining spaces if such spaces are either:
[c]
Include Curbs, paving, Sidewalks, drainage facilities and lighting in accordance with this chapter as well as any other applicable laws, regulations and specifications.
(j)
No Encroachment. No required Parking accommodation shall be Encroached upon by Buildings, Structures, or Use.
(k)
Rental of Parking Spaces. In all Districts and Civic Districts, no required Parking space shall be rented to Persons not living on the premises. All required parking spaces must be made available to occupants of the Dwelling Units as an integral part of their occupancy.
(l)
Operation and Maintenance of Required Parking Accommodations. Required Parking Accommodations must be available and maintained for such period as the Use or Structure exists that the facilities are designed to serve.
(m)
Off-Street Parking or Storage of Boats and Commercial Vehicles. Parking of a boat, bus, tractor or tractor-trailer combination, taxicab, limousine or other livery vehicle bearing taxi or livery registration, truck or van with commercial vehicle registration, or any vehicle which has equipment or display evidencing use of same for commercial purpose shall only be in the Third Lot Layer.
(2)
Parking and Garage Locations and Standards.
(a)
Within each District, all Parking Areas, Parking Structures, and Garages within Lots must be located as specified for the applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards) or Table 345.405.B (Civic District Standards).
(b)
In all Districts, all Parking Areas, Parking Structures, and Garages within Lots must be accessed by Rear Alleys, when such are available on the Zoning Map or otherwise available.
(c)
In all Districts, vehicular access to Parking Areas, Garages, and Parking Lots must not be in conflict with general vehicular movement serving the site. Ingress and egress points must be at Curb cuts approved by the Village Engineer.
(d)
In all Districts, vehicular entrances and exits must be designed to be easily identifiable by drivers and pedestrians. Any signage must be simple, clear, and concise. Any gates, arms, or booths must be set back at least 20 feet from the Frontage.
(e)
In all Districts, except CD-3, CD-3R.20, CD-3R.7, CD-3R.5, and SD-PRD, Parking Areas, Parking Structures, and Parking Lots must be designed in accordance with § 345-405N(1)(i) and other applicable provisions of this Article 4.
(f)
Whenever off-street Parking is provided, it must be located, laid out, constructed and maintained in accordance with the minimum requirements set forth in Table 345.405.N-3 (Off-Street Vehicular Parking Space Dimensions) or Table 345.405.N-4 (Off-Street Compact Vehicle Parking Space Dimensions), except as they may be modified by handicap parking regulations found in the Building Code of New York State, Section BC1106, Parking and passenger loading facilities.
(g)
Off-street Parking accommodations must include spaces for the handicapped in accordance with the provisions of applicable law.
(h)
Off-street Parking accommodations other than those in Districts CD-3, CD-3.R20, CD-3.R7, CD-3.R5, and SD-PRD must provide access so that backing directly onto a Thoroughfare is unnecessary.
(i)
All maneuvering lanes for off-street Parking accommodations must be wide enough to permit at least one-way traffic movement.
(j)
A Driveway must be provided for off-street parking accommodations in all Districts.
(k)
Entrances and exits for off-street Parking accommodations in all Districts, other than Districts CD-3, CD-3.R20. CD-3.R7, CD-3.R5, and SD-PRD, must be at least 40 feet from a Thoroughfare right-of-way at an intersection.
(l)
Off-street Parking accommodations must be surfaced in accordance with specifications approved by the Village Engineer. Off-street parking accommodations must be designed, graded, and constructed in accordance with specifications approved by the Village Engineer, such that surface water does not drain onto adjoining property, toward a Building or into the Thoroughfare right-of-way.
(m)
Except those in Districts CD-3, CD-3.R20. CD-3.R7, CD-3.R5, and SD-PRD, off-street Parking accommodations must be legibly marked.
(o)
Parking Structures must be Screened from view of any Frontage by one or more Liner Buildings as set forth in Tables 345.405.A-1 through 345.405.A-14 (District Standards). Such Liner Buildings must be the same or greater height as the associated Parking Structure that they Screen.
(p)
Lighting illuminating off-street Parking accommodations in all Districts other than Districts CD-3, CD-3.R20. CD-3.R7, CD-3. R5, and SD-PRD must be installed within and directed only onto the applicable Parking Area, Parking Lot, Garage, or Parking Structure.
(q)
Except in Districts CD-3, CD-3.20, CD-3.R7, CD-3.R5, and SD-PRD, cross access Easements must be provided between all contiguous Parking Areas and Parking Lots except where such areas and lots are accessed from a Rear Alley.
(r)
In all Districts, Driveways at Frontages must be no wider in the First Lot Layer than the width specified for the applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards).
(s)
In all Districts, pedestrian exits from all Parking Lots, Parking Areas, Garages, and Parking Structures must conform to Tables 345.405.A-1 through 345.405.A-14 (District Standards), except for underground Parking accommodations.
(3)
Drive-Through Locations and Standards.
(a)
Within each District, any drive-through facilities must be located as specified for the applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards), Table 345.405.B (Civic District Standards), or as otherwise provided in this chapter.
(b)
In all Districts, any Drive-Through locations must be accessed by Rear Alleys, when such are available on the Zoning Map or otherwise available.
(4)
Figure 345-405.N-1.
 |
O.
Bicycle Parking.
(1)
Bicycle Parking. Any bicycle parking provided within a Lot must meet the specifications and requirements on file with the Planning and Economic Development Zoning Administrator.
P.
Loading Space.
(1)
Loading Space Requirement.
(a)
Off-street loading spaces must be provided in accordance with this section and Table 345.405.P-1 (Loading Space Requirement) and must be located in accordance with § 345-405P(3) and Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards).
Table 345.405.P-1 Loading Space Requirements | ||
|---|---|---|
Principal Use Category in District | Number of Loading Space(s) | Size of Loading Space(s) (feet) |
Office | 1 | 10 by 50 |
Retail/Personal Service/Artisan > 10,000 square feet Usable square feet | 1 | 10 by 50 |
Other | NA | NA |
(b)
Off-street loading spaces must be provided for each delivery bay, loading dock or delivery entrance shown on a Plan.
(c)
Truck loading spaces must be available at all times without conflict with any Plan or Improvement element.
(d)
No required loading space shall be Encroached upon by Buildings, Structures, Open Storage or any other Use.
(2)
Design Requirements for Truck Loading Facilities.
(a)
Loading Space Dimensions. Off-street loading spaces must be at least 15 feet wide by 25 feet long and 14 feet high; provided that any additional loading space Adjacent to and not separated from a fifteen-foot by twenty-five-foot by fourteen-foot truck loading space may have a reduced width of at least 12 feet.
(b)
Required Elements. Truck loading areas must include Curbs, paving, drainage facilities and lighting in accordance with Village standards of this chapter as well as any other applicable laws, regulations and specifications.
(3)
Loading, Service, and Outdoor Storage Locations and Standards.
(a)
Within each District, loading, service and outdoor storage space must be located as specified for the applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards) or Table 345.405.B (Civic District Standards).
(b)
In all Districts, loading, service, and outdoor storage must be accessed by Rear Alleys, when such are available on the Zoning Map or otherwise available.
Q.
Trash Receptacles.
(1)
Trash Receptacle/Dumpster Requirement. Trash receptacles and dumpsters must be provided for each Lot and must be located in accordance with § 345-405Q(2).
(2)
Trash Receptacle/Dumpster Locations and Standards.
(a)
Within each District, trash receptacles or dumpsters must be located as specified for the applicable District in Tables 345.405.A-1 through 345.405.A-14 (District Standards) or Table 345.405.B (Civic District Standards).
(b)
All dumpsters and trash receptacles must be enclosed as required in this section and Tables 345.405.A-1 through 345.405.A-14 (District Standards) and Table 345.405.B (Civic District Standards). The enclosures should prevent trash from being scattered by wind or animals. Except for Single-Family Detached Dwellings, the dumpster or trash receptacle must be placed on a concrete pad. The enclosure must be kept closed at all times other than for servicing. Except for Single-Family Detached Dwellings, bollards or posts must be placed on the interior of the enclosure to protect the walls from damage by the trash containers within.
(c)
In all Districts, trash receptacle and dumpster locations must be accessed by Rear Alleys, when such are available on the Zoning Map or otherwise available.
(3)
Equipment and Other Items Locations and Standards.
(a)
Within each District, all heating, ventilation and air-conditioning equipment, utility service meters (not including water meters) and equipment, mechanical equipment, antennas and satellite equipment, communications transmitting and receiving equipment, solar panels, recreation, play, and swimming pool, hot tub and spa locations must be as specified for the applicable District, as required in Tables 345.405.A-1 through 345.405.A-14 (District Standards) or Table 345.405.B (Civic District Standards).
R.
Private Lot Landscape Standards.
(1)
General.
(a)
In all Districts, Lots must be landscaped in accordance with Tables 345.405.A-1 through 345.405.A-14 (District Standards) and this § 345-405R.
(b)
In Civic Districts, Lots must be landscaped in accordance with Table 345.405.B (Civic District Standards) and this § 345-405R. Additionally, Civic Spaces must be designed as set forth in Table 345.504.B-2 (Civic Space: Specific Standards).
(c)
Without limitation to any other provisions of this § 345-405R, all Screen, Streetscreen, and Buffer standards and requirements of this chapter must be met.
(d)
Without limitation, all bare or exposed ground on a Lot and/or in a landscaped area must be covered with live plant materials and/or mulch, with the following exceptions:
(2)
Maintenance of Landscaping.
(a)
All landscaping must be properly maintained by the property owner, who must replace any diseased, damaged, or dead plants.
(b)
Without limitation to § 345-405R(2)(a), a maintenance bond lasting one year must be provided for all plantings required in Districts CD-4, CD-5, CD-5W, CD-6, CD-6T, and Civic Districts under this § 345-405R.
(3)
Removal of Walks or Trees. None of the following may be removed without the prior approval of the Decisionmaking Authority:
(a)
Existing walls or trees within 30 feet of any Thoroughfare line or 50 feet of a CD-3, CD-3.R20, CD-3.R7, CD-3.R5, or SD-PRD District boundary, which have a diameter of eight inches or more as measured three feet from the base of the trunk; or
(b)
Walls or trees required or shown on an approved Site Plan.
(4)
Plant Material Standards and Sizes.
(a)
Except as otherwise required by § 345-405R(4)(g) and (h), all required plant materials must meet with the minimum container size, class and other requirements outlined in American Standards for Nursery Stock (ANSI Z60.1-2004) published by the American Nursery and Landscape Association (ANLA) or other local Nursery Association Standards.
(b)
In required landscaped areas, at least 25% of the area must be covered with nondeciduous shrubs, trees or ground cover.
(c)
All plantings must be appropriate for the environmental conditions of their location.
(d)
Any planting materials required for screening must be evergreen and have an opacity of at least 90% from the ground through the full height of the plant.
(e)
Plantings must not conflict at installation or maturity with the location of any other required Building and Lot elements or other plantings.
(f)
Ground vegetation or Shrub plantings with spines, thorns or needles that may present hazards to pedestrians, bicyclists or vehicles are prohibited in the first two feet of the First Lot Layer.
(g)
At the time of installation, Trees must be a minimum 2 1/2 inches in caliper measured three feet from the base of the trunk.
(h)
At the time of installation, Shrubs must be a three-gallon container minimum.
(i)
All trees installed shall be in accordance with the Port Chester Tree Management Plan, originally dated November 2018.
(5)
Placement of Trees and Shrubs. Proposed trees and shrubs must be placed minimally 18 inches from any Sidewalk or pavement edge, measured from the center of the plant.
(6)
Artificial Plants/Turf. Artificial plants or artificial turf are prohibited except on active recreation fields that are typically subject to intense use and soil compaction that prohibits the establishment of turfgrass, and where paving or grass paving systems will not suffice given the purpose and level of use of the area.
(7)
Establishment. All required landscape areas must be watered and fertilized as necessary to ensure establishment within the first planted year in accordance with best landscape practices.
(9)
Mitigation of Wind Erosion. Wind erosion must be mitigated and controlled through dust abatement and similar practices during the period of site work and construction.
(10)
Compacted Soils. Landscape soils that have been compacted during construction activities must be loosened and aerated to a depth of at least six inches before planting.
(11)
Condition of Plants. Plants must have normal, well-developed branches and vigorous root systems.
(12)
Pavement of First Lot Layer. The First Lot Layer shall not be paved, except for the following:
S.
Private Lighting Standards. The following standards and requirements are applicable within all Districts and Civic Districts except the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, SD-PRD, and SD-PMU Districts:
(1)
Areas To Be Lighted. All Parking Areas, Parking Lots, Parking Structures, and accessways within the Lot must be lighted.
(2)
Lighting Types and Standards.
(a)
Lighting must comply with Table 345.405.S-1 (Private Lighting Standards) and Table 345.405.S-2 (Private Lighting Types).
(b)
A lighting standard must be of a height and design consistent with the surrounding area Buildings but in no event higher than 30 feet.
(c)
Standards must be located at distances of four times their height.
(3)
Illumination.
(a)
A minimum of one footcandle (1.0 fc) of illumination must be provided throughout Parking Areas, Parking Lots, and Parking Structures.
(b)
Illumination at all Lot Lines must meet the standard of Table 345.405.S-1 (Private Lighting Standards).
Table 345.405.S-1 Private Lighting Standards | |
|---|---|
District | Minimum/Maximum Lighting Level at Frontage Line (in footcandles) |
CD-3 | 0 to 1.0 |
CD-3.R20 | Not regulated |
CD-3.R7 | Not regulated |
CD-3.R5 | Not regulated |
CD-4 | 0 to 1.0 |
CD-5 | 1.0 to 2.0 |
CD-5T | 1.0 to 2.0 |
CD-5W | 1.0 to 2.0 |
CD-6 | 2.0 to 5.0 |
CD-6T | 2.0 to 5.0 |
SD-PMU | Not regulated |
SD-PRD | Not regulated |
C1 | 0 to 1.0 |
CD-4MU | 0 to 1.0 |
R2F | Not regulated |
CV | 1.0 to 2.0 |
(4)
Building Spotlights Not Allowed/Illumination Standards in All Districts. Spotlights on Buildings must not be used to meet the lighting requirements of this chapter. Other illumination of Buildings, Structures, or Premises shall be so designed, installed, and maintained that no light source shall be visible from off the Premises and that no light beam shall be directed off the Premises. Further, provision shall be made for adequate screening of vehicular light beams so that they shall not fall on adjacent properties.
Table 345.405.S-2 Private Lighting Types | ||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Legend: The following notations are utilized in this table: | ||||||||||||||
| Permitted | |||||||||||||
| Not permitted | |||||||||||||
| Not applicable | |||||||||||||
Lighting Type | CD-3 | CD-3 R20 | CD-3 R7 | CD-3 R5 | CD-4 | CD-5 | CD- 5W | CD-6/ CD-6T | SD- PMU | SD-PRD | CV | CI | CD- 4MU | R2F |
Head Types | ||||||||||||||
Cobra Head  | | | | | | | | | | | | | | |
Colonial Head  | | | | | | | | | | | | | | |
Coach Head  | | | | | | | | | | | | | | |
Acorn Head  | | | | | | | | | | | | | | |
Pole Types | ||||||||||||||
Fiberglass Pole  | | | | | | | | | | | | | | |
Aluminum Pole  | | | | | | | | | | | | | | |
Octagonal Concrete Pole  | | | | | | | | | | | | | | |
Fluted Concrete Pole  | | | | | | | | | | | | | | |
T.
Signage. All signage must comply with the standards and requirements of Article 7 (Sign Standards).
U.
Affordable Affirmatively Furthering Fair Housing Units.
(1)
Purpose. It is the purpose of this section to enhance the public welfare by requiring the inclusion in certain development projects of units for families and other Persons meeting the criteria in § 345-405U(3) below.
(2)
Applicability. This section shall apply to all new Development of Dwellings containing the number of total units set forth below.
(3)
Definitions. As used in this chapter, "Affordable Affirmatively Furthering Fair Housing" ("Affordable AFFH") Unit means:
(a)
With respect to a for-purchase housing unit, a unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester County, as defined annually by the U.S. Department of Housing and Urban Development (HUD), and for which the annual housing cost of a unit including common charges, principal, interest, taxes and insurance (PITI) does not exceed 33% of 80% AMI, adjusted for Family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan; and
(b)
With respect to a rental housing unit, a unit that is affordable to a household whose income does not exceed 60% AMI and for which the annual housing cost of the unit, defined as rent plus any tenant paid utilities, does not exceed 30% of 60% AMI adjusted for family size and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
(4)
Required Affordable AFFH Unit Component.
(a)
No less than 10% of the total number of Dwelling Units in a new Development that contains 10 or more Dwelling Units shall be created and set aside as Affordable AFFH units.
(b)
In calculating the minimum number of required Affordable AFFH units, any partial units shall be rounded up to the nearest whole unit.
(5)
No Preferences. No preferences shall be utilized to prioritize the selection of income-eligible tenants or purchasers for Affordable AFFH units created under this section.
(6)
Marketing Plan. All Affordable AFFH units, whether for purchase or for rent, shall be marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.
(7)
Maximum Rent and Sales Price. The maximum monthly rent for an Affordable AFFH unit and the maximum gross sales price for an Affordable AFFH unit shall be established in accordance with U.S. Department of Housing and Urban Development guidelines as published in the current edition of the "Westchester County Area Median Income (AMI) Sales and Rent Limits" available from the County of Westchester.
(8)
Length of Designation as Affordable AFFH Units. Units designated as Affordable AFFH units must remain affordable for a minimum of 50 years from date of initial Certificate of Occupancy for rental properties and from date of original sale for ownership units.
(9)
Property Restriction. A property containing any Affordable AFFH units must be restricted using a mechanism such as a declaration of restrictive covenants in recordable form acceptable to the Village Attorney, which must ensure that the Affordable AFFH unit remains subject to affordable regulations for the minimum fifty-year period of affordability. Among other provisions, the covenants must require that the unit be the primary residence of the resident household selected to occupy the unit. Upon approval, such declaration must be recorded against the property containing the Affordable AFFH unit prior to the issuance of a Certificate of Occupancy for the development.
(10)
Unit Appearance and Integration.
(a)
Within Single-Family Residential developments, the Affordable AFFH units may be Single-Family Dwellings or may be incorporated into one or more Two-Family Dwellings. Each Single-Family Affordable AFFH unit may be located on a Lot meeting 75% of any minimum Lot area for the Single-Family Dwellings in the development. Each unit of a Two-Family Dwelling must be located on a Lot meeting the minimum lot area for the Single-Family Dwellings in the development.
(b)
All such units must be indistinguishable in appearance, siting and exterior design from the other non-Affordable AFFH units in the development, to the greatest extent possible. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the Affordable AFFH units.
(c)
Within Multifamily developments, Affordable AFFH units must be physically integrated into the design of the development and must be distributed among various sizes (efficiency, one-, two-, three- and four-bedroom units) in the same proportion as all other units in the development.
(d)
The Affordable AFFH units must not be distinguishable from non-Affordable AFFH units from the outside or building exteriors. Interior finishes and furnishings may be reduced in quality and cost to assist in the lowering of the cost of development of the Affordable AFFH units.
(11)
Minimum Floor Area.
(a)
The minimum gross floor area per Affordable AFFH unit must not be less than 80% of the average floor area of non-Affordable AFFH units in the development and no less than the following:
Table 345.405.U-1 Minimum Size of Affordable AFFH Units | |
|---|---|
Dwelling Unit | Minimum Gross Floor Area (square feet) |
Efficiency | 450 |
1-bedroom | 675 |
2-bedroom | 750 |
3-bedroom | 1,000 (including at least 1.5 baths) |
4-bedroom | 1,200 (including at least 1.5 baths) |
(b)
For the purposes of this § 345-405U(11), paved terraces or balconies may be counted toward the minimum gross floor area requirement in an amount not to exceed 1/3 of the square footage of such terraces or balconies.
(12)
Occupancy Standards. For the sale or rental of Affordable AFFH units, the following occupancy schedule shall apply:
Table 345.405.U-2 Occupancy Schedule for Affordable AFFH Units | |
|---|---|
Number of Bedrooms | Number of Persons |
Efficiency | Minimum: 1; maximum: 1 |
1 | Minimum: 1; maximum: 3 |
2 | Minimum: 2; maximum: 5 |
3 | Minimum: 3; maximum: 7 |
4 | Minimum: 4; maximum: 9 |
(13)
Affirmative Marketing. The Affordable AFFH units created under this § 345-405U must be sold or rented, and resold and re-rented during the required period of affordability, only to qualifying income-eligible households. Such income-eligible households shall be solicited in accordance with the requirements, policies and protocols established in the Westchester County Fair and Affordable Housing Affirmative Marketing Plan so as to ensure outreach to racially and ethnically diverse households.
(14)
Resale Requirements. In the case of owner-occupied Affordable AFFH units, the title to said property must be restricted so that in the event of any resale by the home buyer or any successor, the resale price must not exceed the then-maximum sales price for said unit, as determined in this § 345-405U, or the sum of:
(a)
The net purchase price (i.e., gross sales price minus subsidies) paid for the unit by the selling owner, increased by the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers in the New York-Northern New Jersey Area, as published by the United States Bureau of Labor Statistics, or if the Bureau stops publishing such index and fails to designate a successor index, a substitute index designated by the Village (as so published, and as may be succeeded or substituted, the "Index") on any date between.
(b)
The cost of major capital improvements made by the seller of the unit while said seller of the unit owned the unit, as evidenced by paid receipts depreciated on a straight line basis over a fifteen-year period from the date of completion, and such approval must be requested for said major capital improvement no later than the time the seller of the unit desires to include it in the resale price. Notwithstanding the foregoing, in no event shall the resale price exceed an amount affordable to a household at 80% of AMI at the time of the resale.
(15)
Lease Renewal Requirements.
(a)
Applicants for rental Affordable AFFH units must, if eligible and if selected for occupancy, sign leases for a term of no more than two years. As long as a resident remains eligible and has complied with the terms of the lease, said resident must be offered renewal leases for a term of no more than two years each. Renewal of a lease shall be subject to the conditions of federal, state or county provisions that may be imposed by the terms of the original development funding agreements for the development or to the provisions of other applicable local law.
(b)
If no such provisions are applicable and if a resident's annual gross income should subsequently exceed the maximum then allowable, as defined in this chapter, then said resident:
[1]
May complete their current lease term and must be offered a nonrestricted rental unit available in the 30% development at the termination of such lease term, if available; or if no such unit is available at said time, the resident may sign one additional one-year lease for the Affordable AFFH unit they occupy but must not be offered a renewal of the lease beyond the expiration of said term; or
[3]
Must pay the greater of:
[a]
The rent amount payable under the provisions of this chapter; or
[b]
Thirty percent of the resident's monthly adjusted household income, provided that the increased rent may not exceed the market rent in that development for units with the same number of bedrooms for a term of not more than one year
(16)
Administrative and Monitoring Agency. The Board of Trustees must be responsible for administering the requirements of this § 345-405U and may designate a board or commission to monitor the Affordable AFFH units during the units' periods of affordability and for monitoring compliance with the affirmative marketing responsibilities of those creating the Affordable AFFH units. The Zoning Administrator shall serve as staff to the Board of Trustees or any such board or commission so designated.
(17)
Certification. Prior to occupancy or before title is transferred, there shall be an annual certification to the Village that the requisite number of units are so affordable and that the residents of said units meet the income requirements in § 345-405U(3).
(18)
Enhanced Project Review Process.
(a)
The Applicant for a development including Affordable AFFH units shall be entitled to attend at least one preapplication meeting at which representatives will be in attendance from each municipal agency, board, commission and staff expected to play a role in the review and approval of the development application and construction. The purpose of the preapplication meeting will be to expedite the development application review process through:
(b)
Municipal departments, agencies, authorities, boards, commissions, councils, committees, and staff shall endeavor to honor the proposed meeting schedule and conceptual timeline established as an outcome of the preapplication to the greatest extent possible during the review and approval process, subject to the demonstrated cooperation of the Applicant to adhere to same. Should the approval process extend beyond one year, an Applicant for a development that includes Affordable AFFH units shall be entitled to at least one additional meeting per year with the same departments, agencies, authorities, boards, commissions, councils or committees to review any and all items discussed at previous preapplication meetings.
(c)
Municipal departments, agencies, authorities, boards, commissions, councils or committees with review or approval authority over applications for developments that include Affordable AFFH units shall give priority to such applications by placing them first on all meeting and work session calendars and agenda and, when feasible based on the ability to conduct required reviews and public notice, with the intent of shortening minimum advance submission deadlines to the extent practicable.
V.
Green Building and Infrastructure. The Village of Port Chester is committed to reducing its carbon footprint, generation of greenhouse gas emissions, and dependence on fossil fuels. The intent of this subsection is to introduce new green building and infrastructure regulations for all new development within the Village of Port Chester.
(1)
Checklists Required. Any application for new development shall provide a completed Leadership in Energy and Environmental Design for Neighborhood Development (LEED-ND) checklist, Enterprise Green Communities checklist, Institute of Sustainable Infrastructure (ISI) Envision checklist, or equivalent green project checklist acceptable to the Planning and Economic Development Zoning Administrator.
(2)
Alternative Energy Sources. As part of a development application, an applicant must show evidence of a consideration to incorporate reasonably available energy conservation or renewable energy opportunities, such as new green infrastructure or retrofits, installation of solar arrays or canopies, and geothermal systems.
(3)
Green Infrastructure. Development may incorporate elements and practices described in the Village of Port Chester Green Infrastructure Guide, originally dated June 2018.
W.
Wireless Telecommunications Facilities.
(1)
Legislative Intent.
(a)
The purpose of this section is to provide the Village of Port Chester the authority to accommodate and regulate necessary utility infrastructure for the provision of wireless telecommunications facilities within the Village, to encourage the siting of wireless telecommunications facilities in nonresidential areas on existing structures, to address the safety, visual and aesthetic aspects of wireless telecommunications facilities and to provide for public input in the process of siting wireless telecommunications antenna towers.
(b)
The Board of Trustees finds that the regulation of wireless telecommunications facilities is necessary to protect the predominantly suburban residential character of the Village and the property values of the community; such regulation is needed to protect schools, parks, churches, playgrounds and historic structures; to preserve scenic areas; to minimize aesthetic impacts; to preserve the health and safety of residents; and to respect the need of wireless telecommunications service providers to relay signals without electronic interference from other service providers' operations, while not unreasonably limiting competition among them.
(c)
The Board of Trustees declares that the protection of residential areas of the Village is of paramount importance and that any local regulations of wireless telecommunications facilities must furnish all possible protection for residential areas, and further declares that the provisions of this section are to be interpreted to favor protection of residential areas. The Planning Commission shall, before issuing any Special Exception Use approval for a wireless telecommunications facility in residential areas, satisfy itself that all other alternatives have been exhausted.
(d)
In general, consolidations, shared use and collocation of antennas and antenna-mounting structures are preferred to the construction of new facilities.
(2)
Special Exception Use; Policies and Goals. In order to assure that the placement, construction and modification of wireless telecommunications facilities conforms to the Village of Port Chester's purpose and intent of this section, the Board of Trustees requires that a Special Exception Use approval be necessary for such facilities. As such, the Board of Trustees adopts a policy with respect to a Special Exception Use approval for a wireless telecommunications facility for the purpose of achieving the following goals:
(a)
Implementing an application for person(s) seeking a Special Exception Use approval for a wireless telecommunications facility.
(b)
Establishing a policy for examining an application for Special Exception Use approval for a wireless telecommunications facility that is both fair and consistent.
(c)
Establishing reasonable time frames for granting or not granting a Special Exception Use approval for a wireless telecommunications facility.
(d)
Promoting and encouraging, wherever possible, the sharing and/or collocation of a wireless telecommunications facility among service providers.
(e)
Promoting and encouraging, wherever possible, the placement of a wireless telecommunications facility in such a manner as to cause minimal disruption to the land, property, buildings and other facilities adjacent to, surrounding and in generally the same area as the requested location of such facility and to minimize any adverse aesthetic impacts to the community.
(3)
Eligible Facilities Requests; Administrative Approval.
(a)
Application. The Building Department shall prepare and make publicly available an application form, which shall be limited to the information necessary for the Village to consider whether an application is an eligible facilities request. Each application shall be submitted to the Department of Planning and Economic Development and include the following:
(b)
Type of review. Upon receipt of an application for an eligible facilities request, the Department of Planning and Economic Development shall forward the application to the Building Department. The Building Inspector or designee shall review such application to determine whether the application so qualifies as an eligible facility request as defined in this chapter. If determined to be an eligible facility request, such application shall undergo an administrative review, the process of which is contained in Subsection W(3)(c) through (f). If it is determined that there will be a substantial change to an existing facility, this section shall not apply.
(c)
Time frame for review. Within 60 days after an eligible facilities request has been received, the Building Inspector or his designee shall approve the application unless it has been determined that the application creates a substantial change or otherwise does not meet the criteria of an eligible facilities request. Once an eligible facilities request application has been approved, the Building Inspector shall issue a building permit.
(d)
Tolling of time frame for review.
[1]
The sixty-day review period begins to run when the application is filed, and may be tolled by mutual agreement by the Building Inspector and the applicant.
[2]
The time frame for review may also be tolled when the Building Inspector or his designee determines that the application is incomplete. When an application has been determined to be incomplete, the following process shall be used to toll the time frame for review:
[a]
The Building Inspector or designee shall provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application or such other reasons why the application has been determined to be incomplete.
[b]
Within 10 days of a supplemental submission, the Building Inspector or designee will notify the applicant if his or her application has been deemed complete. If application is still found to be incomplete after a supplemental submission, the applicant must provide additional supplemental submissions until the application has been deemed complete.
[c]
The time frame for review will not begin to run again until the application has been deemed complete.
(e)
Failure to act. In the event the Building Inspector or designee fails to approve or deny a request seeking approval under this section within the time frame for review, accounting for any tolling, the application shall be approved. However, such approval does not become effective until the applicant notifies the Building Inspector in writing after the review period has expired, accounting for any tolling, that the application has been approved.
(f)
Interaction with Section 332(c)(7). If it is determined that the applicant's request is not covered by Section 6409(a)3 as delineated under this section, the presumptively reasonable time frame under Section 332(c) (7),4 as prescribed by the FCC's Shot Clock order, will begin to run from the issuance of the decision that the application is not a covered request. To the extent such information is necessary, the Village may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
(4)
Procedure for Special Exception Use Approval Application; Fee.
(a)
All applicants for a Special Exception Use for a wireless telecommunications facility or any modification of such facility and renewal thereof shall comply with the requirements set forth in this section.
(b)
The applicant shall be required to provide sufficient funds to an escrow account to allow the Planning Commission to retain such technical experts as may be necessary to review the proposal, provided that no funds shall be deposited until a scope of work is agreed upon among the applicant, the expert and the Planning Commission. In any event, the initial deposit shall be a minimum of $5,000. A larger deposit may be required if, in the judgment of the Planning Commission, the complexity and scope of the proposal requires additional expert review. The applicant shall maintain the escrow account at the amount of the initial deposit and replenish same in a timely manner. Payment in full thereto shall be a condition precedent to any approval by the Planning Commission. Any unused funds will be returned to the applicant upon completion of the review. The withdrawal of an application shall not relieve the applicant of the payment obligations of this section.
(c)
The Planning Commission is hereby authorized to approve Special Exception Uses under the provisions of this chapter, subject to all of the special requirements and conditions herein and any requirements which may be made a part hereof. Every Special Exception Use approval shall also conform to all special findings that are specified herein.
(d)
Application to the Planning Commission for approval of a Special Exception Use under this chapter shall be provided to the Department of Planning and Economic Development and accompanied by a fee in accordance with Chapter 175 (Fees).
(e)
Prior to or concurrent with the filing of a formal application to the Planning Commission to obtain a Special Exception Use approval under this chapter, the applicant shall submit information needed to meet the requirements of the New York State Environmental Quality Review Act (SEQRA). The Planning Commission may hold a joint public hearing under the provisions of SEQRA and this chapter whenever practicable. In the event that a final SEQRA determination has not been made, no approval for a Special Exception Use under this chapter shall be granted. The time periods in which the Planning Commission may take action may be extended with the consent of the applicant.
(f)
Each application under this chapter must be prepared, signed, and submitted by or on behalf of the Owner-of-Record according to the Town of Rye parcel data records of the subject parcel(s). If such Plan is prepared, signed, and submitted on behalf of such Owner, a notarized Letter of Authorization shall accompany the application.
(g)
In addition to the Special Exception Use noticing requirements of Chapter 345, Article 8, § 345-808, Public notice requirements, the applicant shall cause notice of the public hearing by notifying all property owners by certified mail, return receipt requested, within 500 feet of the boundary line of the subject property. A renewal of a Special Exception Use for a Wireless Telecommunications Facility per § 345-405W(22) shall not require a public hearing and/or Public Notice.
(5)
Information Required for Wireless Telecommunications Antennas.
(a)
For all proposed wireless telecommunications antennas the following information shall be provided:
[1]
Name and address of the property owner and the applicant.
[2]
Address, lot and block and/or parcel number of the property.
[3]
Zoning district in which the property is situated.
[4]
Name and address of the person preparing the plan.
[5]
Size of the property and the location of all lot lines.
[6]
Approximate location of nearest residential structure.
[7]
Approximate location of nearest occupied structure.
[8]
Location of all structures on the property which is the subject of the application.
[9]
Location, size and height of all proposed and existing antennas and all appurtenant structures on the property.
[10]
Type, size and location of all proposed landscaping.
[11]
A report by a New York State licensed professional engineer documenting compliance with applicable structural standards and describing the general structural capacity of any proposed installation.
[12]
The number and type of antennas proposed.
[13]
A description of the proposed antennas and all related fixtures, structures, appurtenances and apparatus, including height above grade, materials, color and lighting.
[14]
A description of the antenna's function and purpose.
[15]
The make, model and manufacturer of the antenna.
[16]
The frequency, modulation and class of service.
[17]
Transmission and maximum effective radiated power.
[18]
Direction of maximum lobes and associated radiation and compliance with FCC regulations.
[19]
Consent to allow additional antennas (for purposes of collocating) on any new antenna towers, if feasible.
[20]
If a collocation, the cumulative impacts, visual and otherwise, of the proposed antenna.
(b)
The items in Subsection W(5)(a)[12] through [18] shall be included in a report prepared by a radio frequency engineer, health physicist or other qualified professional.
(6)
Facility Service Plan. All proposals to provide or operate wireless telecommunications facilities shall be accompanied by a facility service plan, which shall include all the information necessary to allow the Planning Commission to understand the existing, proposed and long-range plans of the applicant. The facility service plan shall include at least the following information:
(a)
The location, height and operational characteristics of all existing facilities of the applicant in and immediately adjacent to the Village.
(b)
A two-to-five-year plan for the provision of additional facilities in and immediately adjacent to the Village, indicating whether each proposed facility is for initial coverage or capacity-building purposes and showing proposed general locations or areas in which additional facilities are expected to be needed. Subsequent applications will confirm or modify the facility service plan so that the Planning Commission may be kept up-to-date on future activities.
(c)
A commitment to collocate or allow collocation wherever possible on all existing and proposed facilities.
(7)
Requirements Applicable to All Wireless Telecommunications Antennas. For all proposed wireless telecommunications antennas the following requirements are applicable:
(a)
For proposed sites within 100 feet of other sources of radio frequency (RF) energy, emanating from other wireless telecommunications facilities, the applicant shall provide an estimate of the maximum total exposure from all nearby stationary sources and a comparison with relevant standards. This assessment shall include individual and ambient levels of exposure. It shall not include such residentially based facilities such as cordless telephones.
(b)
All obsolete or unused wireless telecommunications antennas (including tower supports) shall be removed within 60 days of cessation of operations at the site. The Village may remove such facilities upon reasonable notice and an opportunity to be heard and treat the cost as a tax lien on the property.
(c)
All antennas shall be identified with signs not to exceed six square feet, listing the owner's or operator's name and emergency telephone number, and shall be posted in a conspicuous place.
(d)
New antennas may not be sited within 500 feet of any existing antenna. This restriction does not apply to the siting of new antennas at an existing site.
(e)
No source of nonionizing electromagnetic radiation (NIER), including facilities operational before the effective date of this chapter, shall exceed the federal or state NIER emission standard.
(f)
New antennas and supporting towers shall be designed to accommodate additional antennas for purposes of collocating.
(8)
Locations of Wireless Telecommunications Facilities.
(a)
Applicants for wireless telecommunications facilities shall locate, site and erect said wireless telecommunications facilities, including towers and other tall structures, in accordance with the following priorities, one being the highest priority and five being the lowest priority:
[1]
Collocation on existing tall structures or telecommunications towers.
[2]
In the CD-6, CD-6T, CD-5, and SD-PMU Zoning Districts.
[3]
In the CD-5W Zoning District.
[4]
In the CD-4 Zoning District, only on Lots facing Willett Avenue, South Regent Street, William Street (between Washington Street and Pearl Street), Westchester Avenue, Midland Avenue, Boston Post Road, North Main Street, Bowman Avenue, and Putnam Avenue (between North Main Street and Willett Avenue).
[5]
On other property in the Village.
(b)
If the proposed site for a wireless telecommunications facility is not the highest priority listed above, then a detailed explanation must be provided as to why a site of higher priority was not selected. The applicant must satisfactorily demonstrate the reason or reasons why such an approval should be granted for the proposed site and the hardship that would be incurred by the applicant if the approval were not granted for the proposed site.
(c)
An applicant may not bypass a site of higher priority by stating that the site presented is the only site selected or secured. An applicant shall address collocation as an option, and, if such option is not proposed, the applicant shall explain why collocation is impracticable. Agreements between providers limiting or prohibiting collocation shall not be considered a valid basis for a claim of impracticability. Notwithstanding the above, the Planning Commission may approve any site located within an area in the above list of priorities, provided that the Planning Commission finds that the proposed site is in the best interests of the health, safety and welfare of the Village and its inhabitants.
(d)
The applicant shall submit a report demonstrating the applicant's review of the above priorities demonstrating the technical reasons for the site selection and, if the site selected is not the highest priority, a detailed explanation of why sites of higher priority were not selected.
(e)
Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Planning Commission may disapprove an application for any of the following reasons:
[1]
Conflict with safety and safety-related codes and regulations.
[2]
Conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws.
[3]
Conflict with the historic nature of a neighborhood.
[4]
The use of a wireless telecommunications facility which is contrary to an already stated purpose of a specific zoning or land use designation.
[5]
The placement and location of a wireless telecommunications facility which would create an unacceptable risk, or the probability of such, to residents, the public, employees and agents of the Village or employees of the service provider or other service providers.
[6]
Conflicts with the provisions of this chapter.
(9)
Antenna Locations Where Public Exposure is Likely. For roof-mounted, collocated or other situations in which public exposure is likely, the application shall include:
(a)
An assessment of potential public exposure to RF energy from the proposed facility indicating the facility's compliance with applicable federal or state standards. The applicant shall identify the maximum exposure level, the locations at which this occurs and the estimated RF levels at specific locations of community interest, such as schools, residences or commercial buildings. Assumptions used in the calculations shall be stated, including building heights and topography.
(b)
A multiple-source exposure impact assessment shall be prepared if the wireless telecommunications facility is to be situated on the same site as existing facilities, such as a tower or roof.
(c)
Evidence that the maximum exposure to the general public will not exceed federal or state standards.
(d)
An identification of rooftop areas to which the public may have access. The exposure in these areas shall be in compliance with the standards established by any federal or state agencies.
(e)
An identification of how much of the roof, if any, should be designated a "controlled environment" due to RF field levels in accordance with the applicable federal or state standard.
(f)
Notification of the building management if any portion of the roof needs to be identified as a "controlled environment" due to RF levels in excess of the guidelines in the applicable federal or state standards.
(10)
Roof-Mounted Antennas. Requirements applicable to roof-mounted antennas are as follows:
(a)
Antennas shall not be placed more than 15 feet higher than the height limitation for buildings and structures within the zoning district in which the antenna is proposed to be erected.
(b)
Antennas may be set back from the outer edge of the roof a distance equal to or greater than 10% of the rooftop length and width, or such antennas may be attached directly to the roof parapet wall, whichever, in the Planning Commission's opinion, will have the minimal visual impact while achieving signal coverage requirements.
(c)
If the Planning Commission requests, antennas shall be the same color as the exterior of the top floor or parapet of the building except to the extent required by law.
(11)
New Wireless Telecommunications Towers.
(a)
The applicant shall demonstrate to the satisfaction of the Planning Commission that there exists no tower on which the antenna may collocate or that collocation is not feasible for any of the following reasons:
[1]
The applicant has been unable to come to a reasonable agreement to collocate on another tower. The names, addresses, phone and fax numbers of other service providers approached shall be provided, accompanied by a written statement as to the reason an agreement could not be reached.
[2]
The antenna will not unreasonably interfere with the view of or from any park, designated scenic area, historic district, site or structure.
[3]
The radio, television, telephone or reception of similar signals for nearby properties will not be disturbed or diminished.
[4]
The applicant's network of antenna locations is not adequate to properly serve its customers, and the use of facilities of other entities is not suitable for physical reasons.
[5]
Adequate and reliable service cannot be provided from existing sites in a financially and technologically feasible manner consistent with the service providers' system requirements.
[6]
Existing sites cannot accommodate the proposed antenna due to structural or other engineering limitations (e.g., frequency incompatibilities).
[7]
For proposed monopole or tower facilities, there is a report by a New York State licensed professional engineer specializing in structural engineering certifying that the proposed design is structurally sound.
(b)
Any application for the approval of a Special Exception Use for a wireless telecommunications facility shall include a report by a qualified radio frequency engineer, health physicist or other qualified professional, as determined by the Planning Commission, which calculates the maximum amount of NIER which will be emitted from the proposed wireless telecommunications facility upon its installation and demonstrates that the facility will comply with the applicable federal or state standards.
(12)
NIER Measurements and Calculations. All applicants for wireless telecommunications antennas in any district shall submit calculations of the estimated NIER output of the antenna(s). For antennas mounted on an existing structure not requiring a Special Exception Use approval, the calculations shall be provided to the Building Inspector prior to the issuance of a building permit. For antenna applications requiring a Special Exception Use approval, the calculations shall be provided to the Planning Commission at the time of making the application. NIER levels shall be measured and calculated as follows:
(a)
Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI), or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER.
(b)
Measuring equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard.
(c)
The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrow band measuring instrument.
(d)
NIER measurements shall be taken based on maximum equipment output. NIER measurements shall be taken or calculated when and where NIER levels are expected to be highest due to operating and environmental conditions.
(e)
NIER measurements shall be taken or calculated along the property lines at an elevation six feet above grade at such locations where NIER levels are expected to be highest and at the closest occupied structure.
(f)
NIER measurements shall be taken or calculated following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI or NBS.
(g)
NIER calculations shall be consistent with the FCC, Office of Science and Technology (OST) Bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, MBS or similarly qualified organization.
(h)
Measurements and calculations shall be certified by a New York State licensed professional engineer, health physicist or a radio frequency engineer. The measurements and calculations shall be accompanied by an explanation of the protocol, methods and assumptions used.
(13)
NIER Monitoring and Enforcement.
(a)
The owner and/or operator of the antenna shall perform a NIER level reading as set forth above and shall submit the results of the test to the Village of Port Chester Building Department within 90 days of initially operating the antenna system, and annually thereafter. The owner or operator shall provide a report from a qualified professional who shall certify, under penalties of perjury, that the installation does not expose the general public to NIER standards in excess of those of any federal or state agency regulating RIF-energy.
(b)
The Village may measure NIER levels as necessary to ensure that the federal or state standards are not exceeded.
(c)
If the standards of any federal or state agency are exceeded at the location of a proposed transmitting antenna, the proposed facility shall not be permitted.
(14)
Bulk Regulations and Height.
(a)
In all zoning districts, all wireless telecommunications facilities shall comply with yard requirements of this chapter for Principal Buildings. No wireless telecommunications facilities may be located between the Principal Building and the street except as otherwise approved by the Board of Trustees in the SD-PMU District.
(b)
In the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, wireless telecommunications facilities shall not exceed 50 feet in height unless the requirements of Subsection C below are met. In the SD-PMU, CD-5, CD-6, and CD-6T Districts, wireless telecommunications facilities shall not exceed 100 feet in height unless the requirements of Subsection W(14)(c) below are met. These height requirements shall supersede those of this chapter.
(c)
In the event that applicants propose a height greater than that listed in Subsection W(14)(b) above, the applicant must demonstrate to the satisfaction of the Planning Commission that:
[1]
Alternative means of mounting the antenna have been considered and are not feasible for the applicant.
[2]
The height is the minimum height necessary for adequate operation to meet the applicants' communications needs and the aesthetic intrusion has been minimized to the greatest extent practicable.
[4]
The site or building on which the facility is proposed to be installed does not become nonconforming or increase in nonconformity by reason of the installation of wireless telecommunications facilities. This includes, but is not limited to, yard, buffer, height, for equipment buildings, parking, open space and other requirements. The height requirements of Chapter 345 shall apply to buildings and equipment shelters.
(d)
Notwithstanding anything stated herein, the Planning Commission shall be permitted to increase the height of any tower beyond any limitations set forth herein in order to accommodate additional users. In reviewing a request for greater height, the Planning Commission shall balance the effect of a greater height against the provision of one or more additional towers, collocating or other alternatives.
(e)
In the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, wireless telecommunications towers and monopoles shall be separated from residential buildings on adjacent or abutting properties for a distance by not less than two times the height of the tower or monopole. This provision shall apply to the proposed use for wireless telecommunications facilities of towers or monopoles existing at the time of adoption of Chapter 345.
(15)
Visual Impact.
(a)
For all new wireless telecommunication towers, the applicant shall provide to the Planning Commission a Full Environmental Assessment Form (FEAF), Part 1 and Visual EAF Addendum, Appendix A and B, including graphic information that accurately portrays the visual impact of the proposed tower from various vantage points selected by the Planning Commission, such as, but not limited to, parks, designated historic buildings or designated scenic areas, including nighttime visual impacts. This graphic information may be provided in the form of photographs or computer-generated images with the tower superimposed, as may be required by the Planning Commission.
(b)
For all buildings or equipment shelters to be located in the CD-3, CD-3.R20, CD-3.R7, CD-3.R5, CD-4, CD-5W, SD-PRD, and CV Districts, the equipment shelter shall be treated in an architectural manner compatible with the residences in the vicinity.
(c)
The applicant shall employ best industry practices, such as enclosures, stealth technology, and color selection to match the surface of the building, to camouflage antennas and equipment shelters to minimize the visual impact of any installation.
(16)
Landscaping Requirements. For any new wireless telecommunications towers, landscaping shall be provided as follows:
(a)
In determining the most appropriate landscaping to be provided, the Planning Commission shall consider the visual impact of the proposed facility in its setting with regard to immediate proximity of observers, the sight lines from major viewing points and from those features identified in § 345-405W(16).
(b)
The area surrounding the installation shall be landscaped and maintained with paving, shrubs and ground cover consistent with the surrounding community character.
(c)
Any buildings or other equipment shelters associated with the antenna facility shall be landscaped with evergreen trees or shrubs of sufficient size and density to screen, in whole or part, and effectively mitigate the appearance of the structures and buildings. Any antenna facility requiring a tower or pole shall plant trees around the facility of a minimum height of 10 feet at planting that will, over time, reduce the visual impact from the tower or pole.
(d)
When a security fence is required, the outside of such fencing shall be landscaped with evergreen shrubs, trees or climbing evergreen material on the fencing or may contain wooden slats woven into the fence so as to mitigate and minimize the industrial character of the fence.
(e)
An existing natural vegetative buffer which meets or exceeds the above requirements can be retained to meet the landscape requirements set forth above.
(17)
Color and Lighting Standards. Except as specifically required by the Federal Aviation Administration (FAA) or the FCC, antennas, including the supporting structure and all related appurtenances, shall:
(a)
Be colored to reduce the visual impact to the greatest degree possible.
(b)
Not be illuminated, except that buildings may use lighting required by the New York State Fire Prevention and Building Code or when required for security reasons. When lighting is used, it shall be compatible with the surrounding neighborhood to the greatest degree practicable.
(18)
Fencing and NIER Warning Signs.
(a)
The area surrounding the facility shall:
[1]
Be fenced or otherwise secured in a manner which prevents unauthorized access by the general public to areas where the standards of any federal or state agency are exceeded.
(b)
For wall-mounted antennas, the signage shall be placed no more than five feet off the ground.
(c)
No other signage, including advertising, shall be permitted at the facility, antenna or tower or supporting structure, unless required by law.
(19)
NIER Exposure Standards. No antenna or combination of antennas shall expose the general public to NIER levels exceeding the standard of any federal or state agencies having jurisdiction. In addition, no antenna facility shall emit radiation such that the general public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1.
(20)
Registration of Antenna Operators. The Building Department shall keep a list of the names, addresses, type and maximum emissions of all antenna operators in the Village. This list shall be maintained from applications to the Planning Commission and Building Department and from FCC or similar inventories of facilities in the Village. If the name or address of the owner or operator of the antenna facility is changed, the Building Department shall be notified of the change within 30 days.
(21)
Performance Standards for New Antennas. New antennas must comply with the following performance standard that the estimated or measured NIER from a proposed antenna, when added to existing radio frequency electromagnetic radiation from existing sources, will not exceed the guidelines set forth in the applicable federal and state standards.
(22)
Expiration of Special Exception Use.
(a)
The Special Exception Use approval shall be for the user and use that was the subject of the application and shall expire upon the termination of such user or use.
(b)
The Building Inspector shall require a Special Exception Use approval prior to the issuance of a building permit.
(c)
After issuance of a building permit, the applicant shall provide a report to the Building Inspector prepared by a New York State licensed professional engineer certifying that any monopole or tower has been constructed in accordance with the plans approved by the Building Inspector.
(d)
All Special Exception Use approvals for any wireless telecommunications facility shall be renewed every two years from the effective date of the approval of the facility. An application for renewal shall be made to the Planning Commission. The Planning Commission shall review any and all changes in circumstances influencing the wireless telecommunications facility, or the actual facility itself, including its operation and use. If circumstances have materially changed, then the Planning Commission shall reconsider the Special Exception Use approval. Failure to renew the Special Exception Use, or the denial of the renewal by the Planning Commission, shall result in the removal of the wireless telecommunications facility in accordance with this chapter.
(23)
Existing Installations. Any wireless telecommunications facility legally existing at the time that this chapter takes effect shall be permitted to continue, provided that the facility complies with the standards adopted by the Federal Communications Commission and all requirements of this chapter, as certified by a professional engineer with qualifications acceptable to the Village of Port Chester.
X.
Public Parking Incentive Zoning.
(1)
Legislative Intent. In accordance with the Village's general zoning powers, including but not limited to, those granted by § 7-703 of the Village Law, the Village finds it necessary to provide for a system of zoning incentives in exchange for specific community benefits. The system defined herein is consistent with the Village's Comprehensive Plan, as well as the Village's planning efforts, which seek to continually balance economic development, the creation of new housing, the provision of public parking, and the minimization of environmental impacts.
(2)
Lots designated in the CD-5 Character District and that are located west of North Main Street, east of the Metro North Railroad right-of-way, north of Westchester Avenue, and south of Mill Street may make use of the following incentive system. This incentive shall be subject to the following standards and conditions, as well as all other requirements of this chapter.
(a)
Parcels/lots shall earn two additional stories of permitted height if they provide a number of "municipal parking spaces," defined below, equal to at least 1/2 (50%) of the number of dwelling units proposed. In no case shall the maximum height of a building making use of this incentive program exceed eight stories.
(b)
Parcels/lots utilizing this incentive may reduce the amount of off-street parking required for multifamily residential uses to 1.0 space per dwelling unit.
(c)
The municipal parking spaces provided shall reduce the number of off-street parking spaces otherwise required on the parcel/lot owing to nonresidential uses. A minimum of one off-street parking space per residential unit shall be provided in addition to any municipal parking spaces.
(d)
Parcels/lots utilizing this incentive zoning shall comply with the following additional standards:
[1]
Facade articulation must include stepbacks along the building's North Main Street frontage whereby the façade of the building, above a certain height, is set back from the frontage line. Required stepbacks include:
[a]
The facade of the top-most story of the building facing North Main Street must be set back at least 10 feet from the frontage line.
[b]
For buildings with at least 200 feet of frontage along North Main Street: At least 25% of the length of the building's North Main Street frontage beginning with the second, third, or fourth story, and continuing to the top story, must be set back at least 25 feet from the frontage line.
[2]
The municipal parking spaces may not be accessed directly from North Main Street.
(e)
"Municipal parking spaces," for the purposes of this subsection only, shall mean off-street parking spaces for use by the general public in accordance with a memorandum of understanding (MOU), or similar instrument, executed among the Village Board of Trustees and a property owner or Applicant. Nothing herein shall require the Board of Trustees to enter into an MOU with a property owner or Applicant. The Board of Trustees retains the discretion to determine whether entering into an MOU pursuant to this section is in the best interest of the Village.
[1]
The MOU shall generally address the following items, which items may be subject to final agreement among the parties at a later date:
[a]
The general characteristics of the proposed development within which the municipally available parking would be located.
[b]
The general location of the municipally available parking spaces and the access thereto.
[c]
The intended hours of operation and other access restrictions for the municipally available parking.
[d]
General operating rules, including methods of collecting payment for the municipally available parking.
[e]
The potential of revenue sharing for the municipally available parking.
[f]
Other items deemed necessary by the Board of Trustees.
[2]
The MOU shall be executed prior to Planning Commission action on the Site Plan.
[3]
An MOU (draft or final) shall not be a required element of determining the completeness of a site plan application for the purposes of commencing the application's review by an Approving Agency.
Y.
Battery Energy Storage System.
(1)
General Requirements.
(a)
A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
(c)
All Battery energy Storage Systems, all Dedicated Use Buildings, and all other buildings or structures that (1) contain or are otherwise associated with a battery energy storage system and (2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Village of Port Chester Code.
(2)
Permitting Requirements for Tier 2 Battery Energy Storage Systems. Tier 2 Battery Energy Storage Systems are permitted through the issuance of a special exception use within the CD-4MU zoning district and shall be subject to the Uniform Code and the site plan application requirements set forth in this section.
(3)
Applications for the installation of Tier 2 Battery Energy Storage System shall be:
(a)
Reviewed by the Building Inspector for completeness. An application shall be complete when it addresses all matters listed in this subsection including, but not necessarily limited to:
[1]
Compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code; and
[2]
Matters relating to the proposed battery energy storage system and Floodplain, Utility Lines and Electrical Circuitry, Signage, Lighting, Vegetation and Tree-cutting, Noise, Decommissioning, Site Plan and Development, Special Use and Development, Ownership Changes, Safety, and Permit Time Frame and Abandonment.
(b)
The application is subject to the notice requirements for Special Exception Uses as outlined in § 345-808 of Village Code.
(c)
Upon closing of the public hearing, the Planning Commission shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62-day period may be extended upon consent by both the Planning Commission and Applicant.
(4)
Utility Lines and Electrical Circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
(5)
Signage.
(a)
The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and 24-hour emergency contact information, including reach-back phone number.
(b)
As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(6)
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(7)
Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 Battery Energy Storage Systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(8)
Noise. The average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the outside wall of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide Operating Sound Pressure Level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
(9)
Decommissioning.
(a)
Decommissioning Plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:
[1]
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage system;
[4]
The estimated decommissioning costs and how said estimate was determined;
[5]
The method of ensuring that funds will be available for decommissioning and restoration;
[6]
The method by which the decommissioning cost will be kept current;
[7]
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
[8]
A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
(10)
Decommissioning Fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or bond payable to the Village of Port Chester, in a form approved by the Village of Port Chester, for the removal of the battery energy storage system, in an amount to be determined by the Village of Port Chester, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant.
(11)
Site plan application. For a Tier 2 Battery Energy Storage System requiring a Special Use Permit, site plan approval shall be required. Any site plan application shall include the following information:
(a)
Property lines and physical features, including roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c)
A three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
(d)
A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(f)
Name, address, phone number, and signature of the project Applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.
(g)
Zoning district designation for the parcel(s) of land comprising the project site.
(h)
Commissioning Plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, Battery energy storage system commissioning shall be conducted by a New York State (NYS) Licensed Professional Engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Building Inspector prior to final inspection and approval and maintained at an approved on-site location.
(i)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(12)
Operation and Maintenance Manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.
(13)
Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
(14)
Prior to the issuance of the building permit or final approval by Planning Commission, but not required as part of the application, engineering documents must be signed and sealed by a NYS Licensed Professional Engineer.
(15)
Emergency Operations Plan. A copy of the approved Emergency Operations Plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
(a)
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
(b)
Procedures for inspection and testing of associated alarms, interlocks, and controls.
(c)
Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.
(d)
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
(e)
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
(f)
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
(g)
Other procedures as determined necessary by the Village of Port Chester to provide for the safety of occupants, neighboring properties, and emergency responders.
(h)
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
(16)
Special Use Permit Standards.
(a)
Setbacks. Tier 2 Battery Energy Storage Systems shall comply with the setback requirements of the underlying zoning district for principal structures.
(b)
Height. Tier 2 Battery Energy Storage Systems shall comply with the building height limitations for principal structures of the underlying zoning district.
(c)
Fencing Requirements. Tier 2 Battery Energy Storage Systems, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports. At the descretion of the Planning Commission, masonry walls may be required as substitute for fencing.
(d)
Screening and Visibility. Tier 2 Battery Energy Storage Systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports.
(17)
Ownership Changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Building Inspector of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Building Inspector in writing. The special exception use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Building Inspector in the required time frame. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this subsection.
