This ordinance shall be known and may be cited as the "Village of Tuckahoe Zoning Ordinance of 2001."

ARTICLE I. PURPOSES

§ 1-1. Purposes. There is hereby established a new comprehensive zoning plan for the Village of Tuckahoe, New York, which plan is set forth in the text and maps that constitute this chapter. Said plan is adopted for the purposes set forth in Article 7 of the New York State Village Law, which is in the interest of the protection and promotion of the public health, safety and welfare.

§ 1-2. Policies.

This chapter is in accord with the following developmental policy for the Village, taking into account considerations of:

(a) The conservation of existing and potential property values in the Village;

(b) The character of existing development in the Village;

(c) The physical characteristics of the terrain of the Village and the suitability of the land of the Village for various uses; and (d) The physical situation of the Village and the functional relationships of the uses of the land therein to the existing and prospective development of the intercommunity area consisting of the Village of Tuckahoe and adjoining areas in Westchester County, New York, it is determined:

(1)That the most appropriate predominant use of land throughout the Village consists of residential development, carefully regulated as to quality and density;

(2)That all other uses in the Village shall be either:

a. Related to such residential use in a community sense, such as schools, churches and other community institutions; or

b. Pertinent to such residential use by conveniently serving the needs of the inhabitants of the Village for goods and services of frequency of purchase; or

c. Economically related to such residential use by reason of contributing to a tax base for the Village that will make possible the adequate provision of the public facilities and services that are necessary for sound residential development; or

d. Extraneous to the needs of the inhabitants of the Village, as set forth in Subsection (d)(2) a, b and c preceding (such as institutional uses that do not serve primarily the inhabitants of the Village, or business uses substantially related to traffic passing through the Village on main thoroughfares), but appropriately located in the Village as a part of the total supply of such uses in the intercommunity area of which the Village is a part.

(3) That all such nonresidential uses shall be limited in location, size and character to the extent that they will satisfactorily perform their respective functions, as aforesaid, in a manner that will not detract from the predominantly residential character of the Village or hinder further development of like nature and quality.

ARTICLE II. ZONING ORDINANCE AND ZONING MAP

§ 2-1. List of districts.

The Village of Tuckahoe is hereby divided into the following districts:

Residence A-10
Residence A-5
Residence B
Business/Residential
Apartment 3
Business
Industry
General Commercial
(L.L. No. 10-2009, § 3)
§ 2-2. Zoning Map.

The boundaries of said districts are hereby established as shown on the map entitled "Zoning Map, Village of Tuckahoe," dated and adopted in July 2007, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter.EN (L.L. No. 6-2007, § 2)

§ 2-3. District boundaries.

In determining the boundaries of districts shown on the map, the following rules shall apply:

2-3.1. Unless otherwise shown, the district boundaries shall be construed to coincide with the center lines of streets, alleys and main track or tracks of railroads.

2-3.2. Unless district boundary lines are referenced by dimensions on the Building Zone Map to a street line, they are intended to follow lot lines as they exist at the time of passage of this chapter. ln case of doubt, however, a district boundary line shall be determined by the Zoning Board of Appeals hereinafter provided for, after due notice and public hearing and in such a way as to carry out the intent and purpose of this chapter and map.

2-3.3. In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.

§ 2-4. Effect of establishment of districts.

Following the effective date of this chapter:

2-4.1. No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.

2-4.2. No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.

2-4.3. No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith, and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter. 2-4.4. Any parcel of land having direct access to a street shown on the official map, and having an area or a frontage less than that prescribed for the district in which such parcel is situated, may be used as a lot for any purpose permitted in such district, provided that:

(a) Such parcel was under one ownership at the time of the adoption of this chapter;

(b) It has not been reduced in area or width by any voluntary act of an owner since then, but if reduced has been so reduced only by a taking for public use;

(c) The owner thereof owns no adjoining land; (d) All other requirements of the chapter are fulfilled; or alternatively
(e) That a variance has been duly applied for and granted by the Zoning Board of Appeals for proven hardship and subject to conditions duly specified.
(f) In determining the minimum yard sizes to be specified under § 2-4.4(e) above, the Zoning Board of Appeals shall be guided by the following principles:

1. Front yard depth should approximate the average depth of front yards on the same side of the street to a distance of 250 feet in both directions, measured from each end point of the property on such street; if the property is less than 250 feet from a street corner, then in that direction the measurement shall be from the point of the property nearest to the corner. In districts other than C Districts, the Zoning Board of Appeals may in the alternative be guided by the principle that front yard depth shall be not less than 20% of the average depth of the lot.

2. Side yards may be reduced in proportion to the ratio of actual lot width to minimum required width, except that in any event one side yard with a minimum width of eight feet shall be provided to afford access to the rear yard, and the other side yard may be reduced accordingly, but no side yard shall be less than four feet in width.

3. Rear yard should approximate 25% of the average depth of the lot, and be not less than 20 feet in any event, except that in AP-3 Districts the rear yard of any series of buildings shall not in any event be less than an average of 20 feet.

2-4.5. Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued and the construction of which shall have been started before the effective date of this chapter, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall have been completed in accordance with such plans as have been filed within one year from the effective date of this chapter.

ARTICLE III. DEFINITIONS

§ 3-1. Definitions.

3-1.1. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."

3-1.1.1. Basement -- A story in a building, the structural ceiling level of which is four feet or more above the average level of finished grade where such grade abuts that exterior wall of such building which fronts on any street and the floor level of which is below finished grade at any point on the periphery of the building.

3-1.1.2. Billboard -- A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the lot on which such sign is situated.

3-1.1.3. Building -- Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no building was present; the term "building" shall include the term "structure" as well as the following:

(a) Signs;

(b) Fences;

(c) Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building; and (d) Pergolas, porches, outdoor bins and other similar structures.

3-1.1.4. Building, Accessory -- A building detached from and subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

3-1.1.5. Cellar -- Any space in a building, the structural ceiling level of which is less than four feet above the average level of the finished grade where such grade abuts that exterior wall of such building which fronts on any street.

3-1.1.6. Court, Inner -- An open space enclosed on all sides by exterior walls of a building.

3-1.1.7. Court, Outer -- An open space enclosed on three sides by exterior walls of a building.

3-1.1.8. Court, Outer, Depth of -- The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.

3-1.1.9. Court, Outer, Width of -- The linear dimension of the unenclosed side of the court.

3-1.1.10. Curb Level -- The established elevation of the street grade at a point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot, the curb level is the average of the mean levels of the curb on the two intersecting streets.

3-1.1.11. Dwelling Unit -- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boardinghouse, convalescent home, dormitory, fraternity or sorority house, hotel, inn, lodging house, nursing or other similar home or other similar structure shall not be deemed to constitute a dwelling unit.

§ 3-1.1.11.a. Workforce Housing Unit- A dwelling unit limited in occupancy to households whose annual income does not exceed 80% of the actual Westchester County median income, as defined and periodically updated by the United States Department of Housing and Urban Development, and the annual rental cost of which does not exceed 30% of said income or, for homeowners, the annual ownership cost of which [the sum of principal, interest taxes and insurance (PITI) and common charges, if any] does not exceed 30% of said income. (L.L. No. 6-2005, § 1)

3-1.1.12. Family --

(a) A family is defined as one of the following:

(1)Up to three persons occupying a dwelling unit; or

(2) Four or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family.

(b) It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage, legal adoption or legal foster relationship do not constitute the functional equivalent of a traditional family.

(c) In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:

(1)The occupants must share the entire dwelling unit, including cooking facilities, and live as a single housekeeping unit. A dwelling unit in which various occupants maintain separate and locked sleeping facilities in which such occupants' separate personal property are contained therein may not be deemed to be occupied by the functional equivalent of a traditional family;

(2) The group is not transient or temporary in nature. Evidence of not being transient or temporary in nature may include but not be limited to proof that members of the household have the same address for purposes of voter's registration, driver's license, motor vehicle registration, and filing of income taxes and/or other documentation of domicile; and

(3) Any other factor reasonably related to whether or not the group is the functional equivalent of a family. 3-1.1.13. Family care facility -- A facility licensed or supervised by an appropriate state or federal agency to provide resident services and twenty-four-hour supervision to six or fewer persons. Such a facility is headed by agency-approved staff and functions as a single housekeeping unit. This category includes agency-operated boarding homes, family care homes and family care group homes.

3-1.1.14. Floor Area -- The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding:

(a) Roof areas;

(b) Cellar and basement areas used only for storage or for the operating and maintenance of the building; and

(c) Any areas devoted only to accessory off-street parking or loading.

3-1.1.15. Floor Area Ratio -- The gross floor area of all buildings on a lot divided by the lot area.

3-1.1.16. Group care facility -- A facility licensed or supervised by an appropriate state or federal agency to provide resident services and twenty-four-hour supervision for seven to 12 persons. Such a facility is headed by agency-approved staff and functions as a single housekeeping unit. This category includes group homes, family care group homes and community residences.

3-1.1.17. Height.

(a) Except as provided in Subsection (b), the vertical distance in feet and in stories measured from the curb level to the highest level of the roof surface of roofs the slope of which is not more than one inch vertical to one foot horizontal or the mean point between the eaves and the highest point of the roof if the roof is of any other type.

(b) For one- and two-family dwellings, the vertical distance from the average level of the finished grade along the wall or walls of the building facing the street to the highest level of the roof surface of roofs the slope of which is not more than one inch vertical to one foot horizontal or the mean point between the eaves and the highest point of the roof if the roof is of any other type.

Hotel -- A facility offering sleeping accommodations on a temporary basis for compensation to the general public and not exclusively designed for independent housekeeping and wherein twenty-four-hour desk service is provided and further wherein no more than 15% of the guest rooms shall be more than one bedroom.

In order to constitute a hotel, one or more of the following services must be provided:

a. Housekeeping;

b. Telephone;

c. Bellhop service; or

d. The furnishing or laundering of linens.

Within a hotel, permitted accessory uses shall include, but not be limited to, public dining, recreation space, lounge, pool and/or meeting rooms. A hotel may also provide for extended-stay accommodations wherein guests who have a permanent residence elsewhere may stay for multiple nights.

The term "hotel" shall not include motel, rooming or boardinghouse or a single-room occupancy facility. Within a hotel, rooms or units shall not be rented to the same person or entities for more than 90 days in any three-hundred-sixty-five-day period.

3-1.1.18. Lot -- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

3-1.1.19. Lot, Corner -- A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°.

3-1.1.20. Lot Depth -- The minimum distance from the street line of a lot to the rear lot line of such lot.

3-1.1.21. Lot Line -- Any boundary of a lot other than a street line.

3-1.1.22. Lot Line, Rear -- The lot line generally opposite to the street line.

3-1.1.23. Lot Width -- The width of a lot measured along a line drawn parallel to the street line through the point of existing or proposed construction nearest to such street line.

3-1.1.24. Nonconforming Building Use -- A lawful building or use that does not conform to the regulations prescribed for the district in which it is situated.

3-1.1.25. Parking Space -- A paved or surfaced space which, exclusive of driveways and turning areas, is nine feet wide by 20 feet long and which is accessible and available at all hours for the parking of one passenger car.

3-1.1.26. Plat -- See "lot."

3-1.1.27. Satellite Earth Station (or Dish Antenna) -- A combination of (1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; (2) a low-noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; (3) a coaxial cable whose purpose is to carry the signals into the interior of the building.

3-1.1.28. Satellite Earth Station (or Dish Antenna), Height -- The height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna.

3-1.1.29. Senior Citizen Housing -- Residential buildings containing a minimum of 10 residential units, each of which shall be at least 300 square feet in size and contain a bathroom, and which are designed to accommodate one or more persons at least 55 years of age or older, such as but not limited to independent living apartment units, assisted living facilities or similar facilities, except that a nursing home facility or nursing home facilities, or similar facilities that require a permit from the New York State Department of Health, are not included within this definition. Senior citizen housing may include common kitchen or dining facilities, provided that such facilities are not open to the general public. If senior citizen housing is restricted to persons of a specified minimum age, it shall comport with applicable provisions of the Fair Housing Act, the Americans with Disabilities Act and any other applicable federal and state laws.

3-1.1.30. Sign -- Any letter, word, model, banner, pennant, insignia, trade flag or other device or representation used as, or which is in the nature of, an advertisement, announcement or direction, but excluding any public traffic or directional signs.

3-1.1.31. Story -- That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there be no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.

3-1.1.32. Story, Half -- Any space partially within the roof framing, where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.

3-1.1.33. Street Line -- The dividing line between a lot and a street.

3-1.1.34. Structural Alteration -- Any change in the supporting members of a building.

3-1.1.35. Usable Open Space -- An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, and which is available and accessible to all occupants of the building or buildings on the lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all the occupants by means of access other than stairs.

3-1.1.36. Use, Accessory -- A use customarily incidental and subordinate to the main use on a lot, whether such accessory use be conducted in a principal or accessory building.

3-1.1.37. Yard, Front -- An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto through the point of an existing or proposed building or structure closest to such street line. (See Note.)

3-1.1.38. Yard, Rear -- An unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto through the point of an existing or proposed building or structure closest to such rear lot line. (See Note.)

3-1.1.39. Yard, Side -- An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto through the point of an existing or proposed building or structure closest to such property line, and between the front and rear yards. (See Note.)

(NOTE: If any lot line is less than 10 feet in length, or if the lot comes to a point or the line is not straight, the respective lot line shall be deemed to be a line parallel to the opposite lot line, not less than 10 feet long, lying wholly within the lot, and farthest from the opposite lot line.) (L.L. No. 5-2006, §§ 1, 2; L.L. No. 10-2009, § 2)

ARTICLE IV. DISTRICT REGULATIONS

§ 4-1. Residence A-10 District.

4-1.1. Use. ln a Residence A-10 District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

4-1.1.1. One-family dwelling, not to exceed one such dwelling on each lot.

4-1.1.2. Municipal parks and playgrounds, including customary recreational and service buildings, and without limitation, any other proprietary or governmental use of the Village of Tuckahoe.

4-1.1.3. Places of worship, including parish houses and religious school buildings and schools, including uses customarily accessory thereto subject to the following requirements:

(a) Notwithstanding any other provisions contained in this chapter, no building shall exceed a height of 42 feet nor shall the number of stories at any point along the periphery of such building exceed three. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

(b) No building or part thereof shall be erected nearer than 50 feet to any street line nor nearer to any property line than 50 feet or two times the height of such building, whichever is the greater distance.

(c) The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.

(d) Courts shall conform to the requirements of § 4-4.10 hereof.

(e) Any private school permitted under this paragraph shall be a nonprofit

organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.

(f) The site plan of any building for which a permit is sought under the provisions of this paragraph shall be subject to approval by the Planning Board, in accordance with the provisions of § 5-1 hereof.

4-1.1.4. Accessory uses, limited to the following:

(a) Customary home occupations, provided that:

1. No display of goods or signs are visible from the street.

2. Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident thereof with no assistants who do not reside on the premises.

3. Only customary household appliances and equipment are used.

4. Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building.

(b) Professional office or studio of an architect, artist, dentist, engineer, lawyer, musician, physician, surgeon or teacher, provided that:

1. Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon with not more than one assistant who does not reside on the premises; and

2. Such office or studio shall occupy not more than 30% of the area of one floor of the main building.

Studios, where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held, are prohibited.

(c) Garden house, pool house, playhouse, shed, greenhouse or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools shall be subject to the provisions of § 5-1.1.

1. In addition to complying with all other provisions of this chapter, none of the above structures shall be erected closer to the side or rear yard line than 5 1/2 feet, the distance from principal building to be not less than 10 feet. If any of the above structures are larger than 72 square feet or higher than 7 1/2 feet outside, the applicant must appeal to the Zoning Board of Appeals for a variance.

(d) (Reserved)

(e) Private garage for passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile.

(f) The keeping of a reasonable number of customary household pets, but excluding the commercial breeding or keeping of same, and excluding the keeping of poultry, pigeons, rabbits and similar animals.

(g) Nonilluminated signs, limited as follows:

1. One nameplate or professional sign with an area of not over one square foot;

2. One sign advertising the sale or rental of the premises on which such sign is situated, with an area of not over four square feet, provided that such sign is located on the front wall of a building or, if freestanding, then not nearer than 15 feet to any street or property line; and

3. One bulletin board or other announcement sign for educational or religious institutions with an area of not over 12 square feet, provided that such sign is located on or adjacent to the wall of a building or, if freestanding, then not nearer than 15 feet to any street or property line.

(h) Fences or garden walls.

4-1.2. Height. Except as provided in § 4-1.1.3 hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2 stories.

Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the area of the building of which they are a part.

4-1.3. Lot Area and Width. The lot area shall be not less than 10,000 square feet and the lot width not less than 80 feet, provided that the length of the street line shall not be less than 80% of the lot width; provided, however, that for any lot that is created after July 1, 1999, the lot area shall be not less than 12,000 square feet and the lot width not less than 95 feet, provided that the length of the street line shall not be less than 80% of the lot width.

4-1.4. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

4-1.4.1. Front Yard. There shall be a front yard along each street line with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.

4-1.4.2. Side Yard. There shall be a side yard along each lot line with a width of not less than 15 feet; provided, however, that any lot that is created after July 1, 1999, shall have a side yard along each lot line with a width of not less than 20 feet. In the case of corner lots, both side yards shall not be less than 25 feet wide, except that the Planning Board may adopt less restrictive side yard regulations based on the build-to line along the street.

4-1.4.3. Rear Yard. There shall be a rear yard with a depth of not less than 30 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 40 feet.

4-1.4.4. Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

4-1.4.5. Location of Accessory Buildings on the Lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building, except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

4-1.5. Maximum Coverage. The sum of all areas covered by all principal and accessory buildings shall not exceed 25% of the area of the lot.

4-1.6. Floor Area Ratio. The FAR for the A-10 District is 0.4.

4-1.7. Off-Street Parking Requirements. For each dwelling on any lot there shall be provided on the lot not less than two spaces for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street.

§ 4-2. Residence A-5 District.

4-2.1. Use. In a Residence A-5 District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

4-2.1.1. Any use permitted in Residence A-10 Districts.

4-2.2. Height. Except as provided in § 4-1.1.3 hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1h stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the (area of the) roof of the building of which they are a part.

4-2.3. Lot Area and Width. The lot area shall be not less than 5,000 square feet and the lot width not less than 50 feet, provided that the length of the street line shall not be less than 80% of the lot width; provided, however, that for any lot that is created after July 1, 1999, the lot area shall be not less than 10,000 square feet and the lot width not less than 80 feet, provided that the length of the street line shall not be less than 80% of the lot width.

4-2.4. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

4-2.4.1. Front Yard. There shall be a front yard along each street line with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.

4-2.4.2. Side Yard. There shall be a side yard along each lot line with a width of not less than nine feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a side yard along each lot line with a width of not less than 20 feet. In the case of corner lots, both side yards shall not be less than 25 feet wide, except that the Planning Board may adopt less restrictive side yard regulations based on the build-to line along the street.

4-2.4.3. Rear Yard. There shall be a rear yard with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.

4-2.4.4. Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

4-2.4.5. Location of Accessory Buildings on the Lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building, except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

4-2.5. Maximum Coverage. Except as provided in § 3-1.1.3 hereof, the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.

4-2.6. Floor Area Ratio. The FAR for the A-5 District is 0.5.

4-2.7. Off-Street Parking Requirements. For each dwelling on any lot there shall be provided on the lot not less than two spaces for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street.

§ 4-3. Residence B District.

4-3.1. Use. In a Residence B District, no building or premises shall be used, and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

4-3.1.1. Any use permitted in Residence A-5 Districts.

4-3.1.2. A dwelling for two families, not to exceed one such dwelling on each lot.

4-3.1.3. Accessory uses, as provided in § 4-1.1.4, except that:

(a) An accessory private garage space for not more than three vehicles, one of which may be a commercial vehicle of not more than three-quarter-ton capacity, belonging to the owner or lessee of the property may be maintained.

(b) No living quarters or sleeping rooms shall be permitted in any accessory building.

4-3.2. Height. Except as provided in Paragraph 4-1.1.3 hereof, no building shall be erected to a height in excess of 35 feet, nor shall the number of stories at any point along the periphery of any building exceed 2 1/2 stories. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provisions of this paragraph, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part.

4-3.3. Lot Areas and Width. The lot area shall not be less than 5,000 gross square feet and lot width not less than 50 feet for any one-family dwelling and the lot area shall not be less than 7,500 gross square feet and lot width not less than 80 feet for any two-family dwelling for any and all lots created on or before July 1, 1999, provided that the length of the street line shall not be less than 80% of the lot width, and further provided, however, that for any lot created after July 1, 1999, the lot area shall not be less than 10,000 gross square feet and the lot width not less than 80 feet, provided that the length of the street line shall not be less than 80% of the lot width. (L.L. No. 1-2005, § 1)

4-3.4. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

4-3.4.1. Front Yard. There shall be a front yard along each street line with a depth of not less than 25 feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.

4-3.4.2. Side Yard. There shall be a side yard along each lot line with a width of not less than nine feet; provided, however, that for any lot that is created after July 1, 1999, there shall be a side yard along each lot line with a width of not less than 15 feet.

4-3.4.3. Rear Yard. There shall be a rear yard with a depth of not less than 25 feet; provided, however, that for any lot is created after July 1, 1999, there shall be a front yard along each street line with a depth of not less than 35 feet.

4-3.4.4. Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Paved terraces, steps and walks (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of a property line.

4-3.4.5. Location of Accessory Buildings on the Lot. In addition to complying with all other provisions of this chapter, no accessory building shall project nearer to the street on which the principal building fronts than such principal building, except that, should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Zoning Board of Appeals may authorize the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 1 2% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%.

4-3.4.6. Buffer. There shall be a five-foot-wide landscaped buffer located within the required side and rear yards where these yards abut a property line. Such five-foot-wide buffer shall not contain impermeable or impervious surfaces for parking or driveways and shall be maintained as open space with natural materials such as grass, plants, and/or shrubbery. (L.L. No. 1-2005, § 1)

4-3.5. Maximum Coverage. Except as provided in § 4-1.1.3 hereof, the sum of all areas covered by all principal and accessory buildings shall not exceed 40% of the area of the lot.

4-3.6. Floor Area Ratio. The FAR for the Residence B District is 0.5.

4-3.7. Off-Street Parking Requirements. For a two-family dwelling on any lot there shall be provided and maintained on the lot not less than four spaces for the parking or garaging of passenger vehicles. For a one-family dwelling on any lot there shall be provided and maintained on the lot not less than two spaces for the parking or garaging of passenger vehicles. For one-family dwellings and two-family dwellings, such spaces shall be directly accessible to a public street. Subject to all provisions of this chapter, including but not limited to § 5-1.2, tandem parking, i.e., the parking of one vehicle in back of another or in front of or in back of a garaged parking space, may be permitted by the Planning Board, provided that such tandem parking arrangement shall be restricted in its use to residents of the dwelling unit for which such tandem parking arrangement serves to satisfy the parking requirement. (L.L. No. 1-2005, § 1)4-3.

§ 4-4. Apartment 3 District.

4-4.1. Use. In an Apartment District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

4-4.1.1. Any use permitted in Residence B Districts.

4-4.1.2. Apartment buildings for one-family residential use containing at least seven dwelling units.

4-4.1.3. Townhouses consisting of at least two and not more than 15 attached one-family dwellings having a common roof and separated by party or common walls.

4-4.1.4. Senior citizen housing, provided that the living accommodations are designed for persons 55 years of age or older.

4-4.1.5. Accessory buildings and accessory uses.

4-4.1.5.1. Accessory uses, as provided in § 4-1.1.4, for any use permitted in Residence B Districts.

4-4.1.5.2. Accessory uses for apartment buildings may include, in addition to the accessory uses as provided in § 4-1.1.4(c) and (h) and as prescribed by special permit in § 6-2.2, private garages for passenger automobiles of residents of such housing, such as but not limited to a parking structure which may not exceed 42 feet in height or the height of the apartment building to which it is accessory, whichever height is less. In addition, an apartment building containing at least three stories may include, on the ground floor of such building, professional service, retail or office uses.

4-4.1.5.3. Accessory uses for senior citizen housing may include, in addition to the accessory uses as provided in § 4-1.1.4(c) and (h) and as prescribed by special permit in § 6-2.2, private garages for passenger automobiles of residents of such housing, such as but not limited to a parking structure which may not exceed 42 feet in height or the height of the senior housing building to which it is accessory, whichever height is less; passive open space, including landscaped areas, paved walkways, plazas, fountains, terraces and similar uses. In addition, senior citizen housing may include medical-related facilities, such as but not limited to medical examining rooms; recreational facilities; and personal service stores, such as but not limited to barbershops, beauty parlors, convenience stores, laundries (where no dry cleaning is conducted on the premises) and tailors (provided that where steam pressure is used in clothes pressing the generating apparatus shall not exceed five rated boiler horsepower); all of which shall be restricted to use by residents and employees of and visitors to residents of the senior citizen housing. Any such accessory uses may not have an exterior street entrance, other than the entrance to the senior citizen housing.

4-4.2. Height and Stories. Except as provided below, no building shall be erected to a height in excess of 42 feet, nor shall the number of stories exceed three.

4-4.2.1. An existing nonresidential building may be reused, converted and/or rehabilitated for residential use as an apartment building or for senior citizen housing, provided that the height and bulk of such a building shall not be increased; and provided, further, that such a building shall not exceed a height in excess of 100 feet, nor shall the number of stories exceed six.

4-4.2.2. Chimneys, flues, towers, bulkheads, spires and other decorative features, and mechanical and heating, ventilation and air-conditioning systems shall be exempt from the height requirements of this paragraph, provided that they occupy not more than 20% of the area of the roof of the building of which they are a part. All mechanical and heating, ventilation and air-conditioning systems shall be screened from the view of adjacent and abutting residential uses and the noise from said systems shall be mitigated such that the noise levels with said systems in operation are not perceptibly higher than the existing noise levels.

4-4.3. Lot Area and Depth. No lot shall have an area of less than 12,000 square feet, nor shall the land area provided for each dwelling unit on the lot be less than 950 square feet (i.e., the maximum number of dwelling units on one acre is 46). No lot shall have an average depth of less than 100 feet.

4-4.4. Yards. Except as otherwise permitted or required, the following yards shall be provided on each lot:

4-4.4.1. Front Yard. There shall be a front yard with a minimum depth of 20 feet.

4-4.4.2. Side Yard. There shall be a side yard with a minimum width equal to 1/2 the height of the wall or walls of any building which face(s) the side lot line, but in no case nearer than 12 feet to such lot line, except for townhouses, where the side yard shall be a minimum of 15 feet either for an individual townhouse or for a cluster of attached townhouses.

4-4.4.3. Rear Yard. There shall be a rear yard with a minimum depth of 30 feet, except that the rear yard for senior citizen housing shall be a minimum depth of 15 feet.

4-4.4.4. Exceptions to Yard Requirements. Cornices or cantilevered roofs may project not more than two feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Garages so designed as to allow the use of the roof thereof as part of the grounds may be erected in side or rear yards, not nearer than four feet to any property line, provided that the average height of such wall or walls thereof which face a side lot line or a rear lot line is not in excess of six feet above the average level of such lot line.

The side yard provision may be eliminated, but not reduced, along any portion of a lot line where a building erected on an adjoining lot is built to the lot line, provided that the second side yard shall be increased to a minimum width of two times the width otherwise required.

4-4.5. Usable Open Space. For every dwelling unit erected on any lot there shall be provided at least 30 square feet of usable open space. Any such open space shall be, at its narrowest point, at least 20 feet in width.

Adjacent land located in a neighboring municipality or under separate ownership may be used to satisfy this provision, provided that such use is permitted by the zoning of the neighboring municipality and, if required by such zoning code, the neighboring municipality approves the use of such land as usable open space, and further provided that the owner of the land files a declaration with the Clerk of the County of Westchester, which declaration shall be approved by the Village Board of Trustees, declaring that said land shall be dedicated as open space for so long as the use or uses for which it provides usable open space shall continue or shall require the provision of such open space. Said declaration shall run with the land and be enforceable by the Village of Tuckahoe.

4-4.6. Maximum Coverage. Except as provided below, the sum of all areas covered by all principal buildings shall not exceed 35% and by accessory buildings shall not exceed 10% of the area of the lot, except that, where the Zoning Board of Appeals finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, such Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitations.

Notwithstanding the foregoing, for senior citizen housing, the sum of all areas covered by all principal buildings shall not exceed 40% and by accessory buildings shall not exceed 10% of the area of the lot, except that, where the Zoning Board of Appeals finds that the provision of the required off-street parking space underneath the principal building or in such a way as to enable the roof thereof to be used as part of the grounds would be impractical, such Board may authorize the issuance of a special permit allowing accessory garages to cover an additional 10% of the area of the lot. Garages designed to enable the roof thereof to be used as part of the grounds shall be exempt from any coverage limitations.

4-4.7. Floor Area Ratio. The FAR for the Apartment 3 District is 1.0.

4-4.8. Length of Buildings. No building shall exceed a length of 160 feet, except that for senior citizen housing and townhouses, no building shall exceed a length of 220 feet.

4-4.9. Distance Between Buildings. The following distances between buildings shall be observed:

4-4.9.1. Between a principal building, other than a one-family dwelling, and a one-story accessory building: 12 feet.

4-4.9.2. Between any two other buildings: a distance equal to the average height of such buildings at the points where such buildings are nearest one to the other.

4-4.9.3. Any accessory parking structure which does not meet the requirements of § 4-4.9.2 above must be contiguous to a principal building on the property.

4-4.10. Courts.

4-4.10.1. Inner Courts. An inner court is permitted if the minimum dimensions of such court are not less than 1/2 times the average height of all surrounding walls in the case of nonresidential buildings and not less than 1 1/2 times such height, but not less than 60 feet, in the case of residential buildings. The height of walls surrounding an inner court shall be measured from finished grades at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.

4-4.10.2. Outer Courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.

4-4.11. Off-Street Parking Requirements. The requirements of § 5-1.2 regarding off-street parking shall be applicable to uses in this district, except that:

(1)For senior citizen housing, automobile parking spaces shall be provided on the lot containing such housing site as follows: not less than one parking space for each independent dwelling unit; 0.3 of a parking space for each assisted or congregate care unit; and for other types of units, the parking requirements shall be determined by applying the ratio applicable to the type of unit most similar to such other units. The Planning Board may modify this requirement for senior citizen housing as a part of its review and approval of the site plan of such development, provided that the off-street parking required shall be adequate to provide for the parking of the vehicles of all persons residing and employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, such as guests.

4-4.12. Approval of Site Plans. All site plans for buildings shall be subject to approval by the Planning Board in accordance with the provisions of § 7-1 hereof.

§ 4-5. Business/Residential.

4-5.1. In a Business/Residential District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:

4-5.1.1. Any use permitted in business districts.

4-5.1.2. Apartments for one-family residential use at or above the second story, including any use described in § 4-1.1.4; provided, however, that the accessory uses described in § 4-1.1.4(a) and (b) shall only occupy or be carried on in not more than 30% of a residential apartment or dwelling unit; and further provided, however, that no dance instruction shall be permitted, and music instruction shall be limited to one pupil at a time.

4-5.2. Any building or premises constructed or occupied exclusively for business use shall conform to the use and yard requirements set forth in § 4-6 of the Zoning Ordinance.

4-5.3. Any building or premises used for both residential and for business use shall conform to the following:

4-5.3.1. Residential dwelling units shall be located only at or above the second story. There shall be a separate entrance from the street for the residential dwelling units. Residential dwelling units and permitted business uses shall not be located on the same story. Residential uses shall only be permitted by special permit in accordance with §§ 6-1 to 6-2.4.

4-5.3.2. Except as provided in this subsection, no front, side or rear yard is required. However, if any side or rear yard is provided, such yard shall be at least six feet wide. A yard of not less than 10 feet shall be provided along any lot line that borders on a residential zone. Vehicles shall not be permitted to be parked or stored in any such yard that borders on a residential zone unless a buffer of trees or plants, as may be approved by the Planning Board, shall be provided.

4-5.3.3. No building shall be erected to a height in excess of 42 feet above the average grade of the street line at the front of the property. The designation of "front' of the property shall be subject to the approval of the Planning Board. The number of stories shall not exceed three.

4-5.3.4. Floor Area Ratio. The FAR for the Business/Residential District is 1.0; however where land uses wholly within the Business/Residential District are 50% or more residential, as measured by gross floor area, the FAR shall be 1.2. (L.L. No. 5-2005, § 1)

4-5.4. The total parking requirements for the premises shall be the sum of the requirements for each of the premises as may be required by § 5-1 of the Zoning Ordinance; provided, however, that the Zoning Board of Appeals may approve the joint use of a designated number of parking spaces by two or more uses or establishments on the same lot, the total capacity of which spaces is less than the sum of the spaces required for each, provided that the Zoning Board of Appeals finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons, employees or residents.

4-5.5. No provision of this chapter shall be construed to limit the authority of the Zoning or Planning Board in the exercise of the authority conferred upon them by the New York State Village Law, the Tuckahoe Village Ordinances or the Tuckahoe Zoning Ordinance, including but not limited to the authority of the Planning Board relating to site plan approval as set forth in § 7-1 of this Zoning Ordinance.

§ 4-6. Business District.

4-6.1. In a Business District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any purpose, except those set forth below, provided that no such building or premises shall have as its major object the catering or furnishing of services to other than the residents of the locality:

(a) Permitted Uses.

1. Retail stores and banks.

2. Personal service stores such as, but not limited to, barbershops, beauty parlors and tailors, provided that, where steam pressure is used in clothes pressing, the generating apparatus shall not exceed five rated boiler horsepower.

3. Business, professional or governmental offices.

4. Service establishments furnishing services other than of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair or service.

5. Theaters and restaurants, excluding amusement parks or galleries, whether open or enclosed, or circuses.

6. Laundry and cleaning establishments shall be permitted to operate only between the hours of 6:00 a.m. and 10:00 p.m. and shall be further limited as follows:

a. The cleaning of wearing apparel or household effects using dry-cleaning fluids, chemicals or combustible solvents is prohibited.

b. Outlets and pickup stations for laundries and dry-cleaning establishments where such cleaning is not performed on the premises are permitted.

c. The washing of wearing apparel, household effects and shirts on the premises is permitted only if soap, water and/or noncombustible solvents are used, except that small quantities of combustible solvents may be used for the incidental removal of spots.

d. Laundries or laundromats shall only be permitted to be open for business and operate when a manager or attendant is on the premises. 7. Newspaper printing, including incidental job printing.

8. (Reserved)EN 9. Off-street parking lots and accessory garages. EN All permitted uses, other than off-street parking, whether principal or accessory, shall be carried on in buildings fully enclosed on all sides.

(b) Special Permit Uses. 1. Funeral parlors.
2. Family care or group care facilities.
3. Day-care facilities.
4. Sports and health clubs.
5. Manufacturing assembling, converting, altering, finishing, cleaning or processing of products where goods so produced or processed are to be sold on the premises; provided that:

a. An area fully concealed from any street shall be so used.

b. Power not exceeding a total of five rated horsepower shall be used exclusively, unless the Board of Trustees finds that the use of an installation of over five horsepower will have no adverse effect on neighboring uses.

c. Except as specified below, not more than five persons are engaged in such production or processing.

6. Off-street parking lots and accessory garages.

7. Hospitals and hotels.

8. Schools.

9. Places of worship. (L.L. No. 3-20020)

(c) Prohibited Uses. Any use not specifically permitted in § 4-6.1(a) and any use which is noxious or offensive by reason of emission of odor, dust, noise, smoke, gas, fumes or radiation or which presents a hazard to public health or safety is prohibited.

4-6.2. Intensity of Use. No building shall be erected or enlarged in which the floor area shall exceed 1.6 times the area of the lot on which such building stands.

4-6.3. Yards. No front, side or rear yard is required, but, if any side or rear yard is provided, such yard shall be at least six feet wide.

4-6.4. Height. Except as provided hereinafter, no part of any building shall be erected to a height greater than three stories and basement, nor shall such height exceed 42 feet above the curb level. Where a lot has frontage on two or more streets or other public ways, the height limitation shall apply only as measured from the curb level along the street or way with a higher elevation above sea level.

When penthouses, bulkheads, etc., are over 12 feet high and cover more than 20% of the roof area, measurements must be taken to the top of such penthouses or bulkheads. All penthouses, bulkheads, etc., must be 10 feet back of the front and rear walls of a building and three feet back of the side walls, except that walls of elevators and stair enclosures may be built on the side wall when required by the plan of the building.

4-6.5. Floor Area Ratio. The FAR for the Business District is 1.6.

§ 4-7. Industry District.

4-7.1. Within any Industry District, no building or land shall hereafter be used for any purpose other than any of the following uses, or any combination thereof, that will satisfy the performance standards that are set forth immediately following the list of said uses:

(a) Permitted Uses.

1. Offices for executive, administrative or clerical purposes.
2. Scientific or research laboratories.
3. Manufacturing, including the fabrication and assembly of products, and incidental storage, sale and distribution of such products, but excluding heavy industrial processing where products are extracted from raw materials.
4. Warehouse and storage facility enclosed within a building.

(b) Special Permit Uses.

1. Outdoor storage. In case of temporary outdoor storage for a duration of less than 90 days, permission may be granted by the Village Building Department.
2. Sports and health clubs.
3. Motor vehicle filling stations or motor vehicle repair/body shops.
4. Schools.

4-7.2. Performance Standards. No use shall be established, maintained or conducted so that the same will cause any:

(a) Dissemination of smoke, gas, dust, odor or any other atmospheric pollutant outside the building in which the use is conducted or, with respect to a use or any part thereof that is not conducted within a completely enclosed building, any such dissemination whatsoever.

(b) Noise perceptible beyond the boundaries of the immediate site of the use. (See revised Village Code Chapter 15, Article II, Noise and Other Enumerated Nuisances.)

(c) Discharge of any waste material whatsoever into any watercourse.

(d) Dissemination of glare or vibration beyond the immediate site of the use.

(e) Traffic on any street primarily serving residential districts that is incongruous with the traffic normal to such streets.

(f) Physical hazard, by reason of fire, explosion, radiation or similar cause, to property in the same or an adjacent district.

4-7.3. Additional Uses. The following uses may be established and maintained:

(a) Quarters for caretakers or watchmen on the site of the use to which the same are appurtenant.

(b) Facilities for the furnishing of meals and the sale of refreshments and personal convenience items solely to the employees of uses in a particular development and guests of the management thereof, provided that such facilities shall be located completely within a building.

4-7.4. Uses Prohibited. All other uses are hereby prohibited. It is the intent of this chapter to exclude all residential and all business uses, other than as specified above, as being inappropriate therein and in conflict with the purposes of this chapter and to confine the uses therein to those that are specifically listed in this subsection as being permitted therein.

With respect to any application for a building permit or a certificate of occupancy, the Building Inspector may require such evidence as he may deem to be necessary to determine whether or not the proposed use will reasonably conform to the performance standards set forth above in this subsection and with the site plan approved in accordance with the provisions of § 4-7.8. If the Building Inspector is in doubt, he shall refer the matter to the Planning Board, which shall make a determination in the case, in connection with which it may obtain expert advice, at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application.

4-7.5. Height; Open Space. The following regulations shall apply:

(a) Except in the case of extensions to existing buildings, no building shall exceed a height of three stories or 50 feet.

(b) All the buildings on a site, as shown on the site plan thereof, as provided in § 4-7.8, shall not cover an aggregate area of more than 70% of the area of such site.

(c) The Floor Area Ratio (FAR) for the Industry District is 1.0.

(d) All buildings shall be located at an average distance of not less than 20 feet, and at no point less than 10 feet, from any boundary of the site on which the same are situated, provided that no building shall be located at a distance of less than 100 feet from the boundary of any residential district established by this chapter. The distance of 100 feet from a residence district may be reduced to 50 feet, by the Planning Board, if the Board finds that such a reduction is environmentally appropriate and is consistent with neighborhood character. The provisions of this section shall not apply to industrial sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.

(e) On the site of any development that is contiguous to the outside boundary of the district, there shall be provided a belt of landscaping having a width of not less than six feet. On the site of any development that is contiguous to the boundary of any residential district established by this chapter there shall be provided a belt of landscaping along such boundary, having a width of not less than 20 feet. Such belt shall be planted and maintained in accordance with requirements made as a part of the action by the Planning Board on a site plan as provided in § 4-7.8 of this chapter, and in conformity with any specifications as to such landscaping that may be adopted by the Planning Board, with approval by the Village Board. The provisions of this section shall not apply to industrial sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.

(f) Every use, or any part thereof, that is not conducted within a building completely enclosed on all sides shall be completely enclosed within a wall or fence of such material, construction and height as to screen completely all operations conducted within such wall or fence from observation from outside thereof. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this chapter shall be specified by the Planning Board as a part of its action on the site plan of the use, as provided in § 4-7.8 of this chapter.

4-7.6. Automobile Parking Space. Automobile parking space shall be provided on the site of any development in an amount determined by the Planning Board, as a part of its action on the site plan of this development, as provided in § 4-7 of this chapter, to be adequate to provide for the parking of the vehicles of all persons employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, whether as customers, purveyors, official visitors, guests or otherwise. In making such determination, the Planning Board may take into account the likelihood of multiple use of the parking space in connection with other uses on the site.

4-7.7. (Reserved)

4-7.8. Site Plan Approval. In any development established (after the effective date hereof), the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off-street parking space, the provision of other open space on the site, the display of signs, and the provision of fences, walls and landscaping shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be in accordance with a site plan or plans or subsequent amendment thereof. The parking space provisions, landscaping, fences and walls included in any site plan approved by the Planning Board shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant. In considering any site plan hereunder, the Planning Board shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site, and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purposes of this chapter.

4-7.9. Enforcement and Guaranties. No building permit or certificate of occupancy shall be issued for any building or use except in accordance with a site plan approved as provided in § 4-7.8. The purpose of requiring such approval is to safeguard the purposes of this chapter and the developmental policy set forth in Article I and to protect the general welfare of the Village and the values of property therein against the detrimental effects of possible failure actually to complete a development in any such district as contemplated in the rezoning of land therefor and the leaving of the same in an unfinished and unsatisfactory condition. To these ends, the Planning Board shall require such guaranties or conditions as it may deem to be necessary in order to assure that such development will actually take place and will proceed to completion.

§ 4-8. General Commercial District.

4-8.1. Within any General Commercial District, no building or land shall hereafter be used for any purpose other than any of the following uses, or any combination thereof, that will satisfy the performance standards that are set forth immediately following the list of said uses:

(a) Permitted Uses.

1. Offices for executive, administrative or clerical purposes.
2. Scientific or research laboratories.
3. Warehouse and storage facility enclosed within a building.
4. Schools.
5. Sports and health clubs.
6. Hotels.
7. Restaurants.
8. Retail and service businesses.
9. Churches.

(b) Special Permit Uses.

1. Motor vehicle filling stations or motor vehicle repair/body shops.
2. Outdoor storage. In case of temporary outdoor storage for a duration less than 90 days, permission may be granted by the Village Building Department.
3. Manufacturing, including the fabrication and assembly of products, and incidental storage, sale and distribution of such products, but excluding heavy industrial processing where products are extracted from raw materials.

4-8.2. Performance Standards for Special Permit Uses. No use listed in § 4-8.1(b)(1), (2) or (3) shall be established, maintained or conducted so that the same will cause any:

(a) Dissemination of smoke, gas, dust, odor or any other atmospheric pollutant outside the building in which the use is conducted or, with respect to a use or any part thereof that is not conducted within a completely enclosed building, any such dissemination whatsoever.

(b) Noise in violation of Article II of Chapter 15 of the Code of the Village of Tuckahoe, entitled "Noise and Other Enumerated Nuisances."

(c) Discharge of any waste material whatsoever into any watercourse.

(d) Dissemination of glare or vibration beyond the immediate site of the use.

(e) Traffic on any street primarily serving residential districts that is incongruous with the traffic normal to such streets.

(f) Physical hazard, by reason of fire, explosion, radiation or similar cause, to property in the same or an adjacent district.

4-8.3. Accessory Uses. The following uses may be established and maintained so long as they are incidental and subordinate to a principal or special permit use:

(a) Within a hotel, a public dining area or restaurant, recreation space, a lounge, a pool or a meeting room or meeting rooms.

(b) Quarters for caretakers or watchmen on the site of the use to which the same are appurtenant.

(c) Satellite earth station or dish antenna less than 24 inches in diameter.

(d) Signs (subject to §§ 3-16 through and including 3-31 of the Village Code).

(e) Fences and walls.

(f) Garages or parking structures.

4-8.4. Uses Prohibited. All other uses are hereby prohibited. It is the intent of this chapter to exclude all residential uses as being inappropriate therein and in conflict with the purposes of this chapter and to confine the uses therein to those that are specifically listed in this section as being permitted therein.

With respect to any application for a building permit or a certificate of occupancy, the Building Inspector may require such evidence as he may deem to be necessary to determine whether or not the proposed use will reasonably conform to the performance standards set forth above in this section and with the site plan approved in accordance with the provisions of § 4-8.8. If the Building Inspector is in doubt, he shall refer the matter to the Planning Board, which shall make a determination in the case, in connection with which it may obtain expert advice, at the expense of the applicant, and payment in advance of the amount of such expense shall be a condition of further consideration of the application. 4-8.5. Height; Open Space. The following regulations shall apply:

(a) No building shall exceed a height of 50 feet. Notwithstanding the foregoing sentence, subject to Planning Board approval, buildings satisfying the environmental standards set forth in § 4-8.5(g) may be built to a height as set forth in said § 4-8.5(g).

(b) All the buildings on a site, as shown on the site plan thereof, as provided in § 4-8.8. shall not cover an aggregate area of more than 70% of the area of such site. Additionally, at least 15% of the site must be in open space that is landscaped, permeable and open to the air.

(c) The floor area ratio for the General Commercial District is 1.6. Notwithstanding the foregoing sentence, subject to Planning Board approval, buildings satisfying the environmental standards set forth in § 4-8.5(g) shall have a floor area ratio that does not exceed the floor area ratio set forth in said § 4-8.5(g).

(d) Front Yard. There shall be a front yard along each street line with a depth of not less than 10 feet. The front yard shall be measured from the curbline, and the sidewalk, if any, shall be included in such computation and measurement. For a building above 40 feet in height, such building shall be set back an additional 10 feet.

Side Yard. All buildings shall be located at no point less than 10 feet from any side boundary of the site on which the same are situated, provided that no building shall be located at a distance of less than 50 feet from the boundary of any residential district established by this chapter. The provisions of this section shall not apply to sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.

Rear Yard. All buildings shall be located at no point less than 20 feet from any rear boundary of the site on which the same are situated, provided that no building shall be located at a distance of less than 50 feet from the boundary of any residential district established by this chapter. The provisions of this section shall not apply to sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.

(e) On the site of any development that is contiguous to the outside boundary of the district, there shall be provided a belt of landscaping having a width of not less than six feet. On the site of any development that is contiguous to the boundary of any residential district there shall be provided a belt of landscaping along such boundary having a width of not less than 20 feet. Landscape belts shall be included in a comprehensive landscape plan for review and approval by the Planning Board and subject to the review of an outside licensed landscape architect. Landscape belts shall include a variety of deciduous and evergreen trees, small flowering trees with a minimum diameter at breast height of three inches and deciduous and evergreen shrubs. All species shall be noninvasive. Such belt shall be planted and maintained in accordance with requirements made as a part of the action by the Planning Board on a site plan as provided in § 4-8.8 of this chapter, and in conformity with any specifications as to such landscaping that may be adopted by the Planning Board, with approval by the Village Board. The provisions of this section shall not apply to sites which are completely separated from other district boundaries by streets, rivers and main tracts of railroads.

(f) Every use, or any part thereof, that is not conducted within a building completely enclosed on all sides shall be completely enclosed within a wall or fence of such material, construction and height as to screen completely all operations conducted within such wall or fence from observation from outside thereof. The requirements as to such wall or fence, supplemented by such landscaping as may be necessary to accomplish any of the purposes of this chapter, shall be specified by the Planning Board as a part of its action on the site plan of the use, as provided in § 4-8.8 of this chapter.

(g) Environmental Standards Bonus.

1. Conditions for Bonus. At the discretion of the Planning Board, a density bonus may be granted to an applicant under the following conditions:

i. If the applicant demonstrates to the Planning Board's satisfaction that the proposed structure and/or use shall comply with at least half the standards listed below in Subsection (g)2, in any combination, then the Planning Board may award either or both a density and a height bonus.

(1) Such density bonus shall allow an increase in floor area ratio from 1.6 to no more than 1.8.

(2) Such height bonus shall allow an increase in height from 50 feet to no more than 55 feet.

ii. If the applicant demonstrates to the Planning Board's satisfaction that the proposed structure and/or use shall comply with all the standards listed below in Subsection (g)2, then the Planning Board may award either or both a density and a height bonus.

(1) Such density bonus shall allow an increase in floor area ratio from 1.6 to no more than 2.0.

(2) Such height bonus shall allow an increase in height from 50 feet to no more than 60 feet.

2. Environmental Standards. The following items are actions, materials, or programs that an applicant in the General Commercial District may adopt either to mitigate potentially adverse environmental impacts or to improve the subject site's environment.

i. Green Building Design. "Green building design" is the practice of increasing the efficiency with which buildings use energy, water, and material resources while reducing building impacts on human health and the environment during the building's life cycle.

(1) Generally, the applicant shall demonstrate to the Planning Board that green (sustainable) design measures will be used. Some measures are:

a) Site planning: e.g., responsiveness to climate features such as sun and wind, microclimate management, solar orientation (long axis facing south); landscaping for summer cooling effect and for blocking winter winds; parking areas designed to limit heat absorption.

b) Efficient water use: e.g., use of water conservation measures, including dual water systems if available, water recycling.

c) Efficient energy, materials and resources use: e.g., use of daylighting; use of appropriate glass for minimizing heating and cooling loads, use of building materials in construction and maintenance of site features, use of materials in environmentally sound ways, such as Energy Star® products and certified lumber, use of insulation beyond minimum standards, use of renewable energy for heating and cooling, use of energy-efficient motors, use of energy-efficient lighting, use of energy management systems.

(2) Specifically, one set of criteria for green building design is known as "LEED"® and is promulgated by the U.S. Green Building Council (USGBC). LEED® (Leadership in Energy and Environmental Design) is a certification program aimed at design and construction practices. LEED® provides technical and criteria-based standards for environmentally sustainable design, construction and operation. The program includes a building rating system for new construction for use by designers, builders, developers, and building owners.

(3) To qualify for a bonus, the applicant shall demonstrate green building design, whether LEED® -compliant or the equivalent, before the certificate of occupancy is granted.

ii. Stormwater Management. To qualify for a bonus, the applicant shall demonstrate that the stormwater management program includes, among other components, the following permanent components:

(1) Roof garden, also known as a "green or living roof."

(2) Bioswales and/or rain gardens.

(3) Permeable surfaces to replace impervious surfaces for on-site parking, driving, and walking.

(4) Grey water recycling systems.

iii. Pollution. To qualify for a bonus, the applicant shall demonstrate that:

(1) Light pollution. No outdoor light generated on the site shall spill over the property line.

(2) Noise pollution. Mechanical noise emitted from roof-mounted equipment shall not be perceptible beyond the property line. Mechanical equipment shall not be allowed on green roofs. [See Subsection (g)2ii(1) above.]

iv. Sustainable Energy. To qualify for a bonus, the applicant shall demonstrate that the project will use one or more of the following energy technologies:

(1) Thermal mass technology.

(2) Photovoltaic technology.

4-8.6. Automobile Parking Spaces. Automobile parking spaces shall be provided on the site of any development in an amount determined by the Planning Board, as a part of its action on the site plan of this development as provided in § 4-8.8 of this chapter, to be adequate to provide for the parking of the vehicles of all persons employed on the site and all other persons who may be expected to visit the site at any one time for any purpose, whether as customers, purveyors, official visitors, guests or otherwise. In making such determination, the Planning Board may take into account the likelihood of multiple use of the parking space in connection with other uses on the site.

4-8.7. (Reserved)

4-8.8. Site Plan Approval. In any development established (after the effective date hereof), the location of main and accessory buildings on the site and in relation to one another, the traffic circulation features within the site, the height and bulk of buildings, the provision of off-street parking space, the provision of other open space on the site landscaped buffer, the display of signs, and the provision of fences, walls and landscaping shall, in addition to conforming to any and all regulations pertaining thereto that are specifically set forth in this chapter, be in accordance with a site plan or plans or subsequent amendment thereof approved by the Planning Board. The parking space provisions, landscaping, fences and walls included in any site plan approved by the Planning Board shall be provided and maintained as a condition of the establishment and maintenance of any use to which they are appurtenant. In considering any site plan hereunder, the Planning Board shall endeavor to assure safety and convenience of traffic movement, both within the limits of the site and in relation to access streets, harmonious and beneficial relation among the buildings and uses on the site, and satisfactory and harmonious relation between the site and contiguous land and buildings and adjacent neighborhoods, all in furtherance of the purposes of this chapter.

4-8.9. Enforcement and Guaranties. No building permit or certificate of occupancy shall be issued for any building or use except in accordance with a site plan approved as provided in § 4-8.8. The purpose of requiring such approval is to safeguard the purposes of this chapter and the developmental policy set forth herein and to protect the general welfare of the Village and the values of the property therein against the detrimental effects of possible failure actually to complete a development in any such district as contemplated in the rezoning of land therefor and the leaving of the same in an unfinished and unsatisfactory condition. To these ends, the Planning Board shall require such guaranties or conditions as it may deem to be necessary in order to assure that such development will actually take place and will proceed to completion. (L.L. No. 10-2009, § 1)

ARTICLE V. SUPPLEMENTAL REGULATIONS and NONCONFORMING BUILDINGS AND USES

§ 5-1. Supplemental regulations.

5-1.1. Swimming pools.

(a) General. 1. A swimming pool may be erected as an accessory structure to a principal building used for residence purposes, for the exclusive use of the occupant of said principal building and his guests, provided that the erection and installation of any aboveground and/or belowground swimming pool, or any other type of swimming pool, in front and/or side yard areas shall be prohibited from projecting nearer to the street or roadway on which the principal building or residence fronts than such principal building or residence, and further provided that detailed plans be submitted to the Building Inspector and, after the submission of detailed plans regarding such pool, such use and the method of such use is determined by the Building Inspector to be consistent with the public health, safety, morals and general welfare of the community. (L.L. No. 2-2004, § 1)

2. Any permit granted by the Building Inspector for such use may prescribe reasonable rules and regulations for the operation.

3. A "swimming pool" is any body of water or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside any building.

(b) Restrictions and Requirements -- Residential Zoning Districts (A-10, A-5, Residence B, Apartment 3).

1. Placement on Lots. For all detached swimming pools:

NOTE:
* If pool is adjacent to a one- or two-family residence, the application must be made to the Zoning Board of Appeals.

The above distance requirements are to be measured from property lines to the point at the side of the pool, except where an aboveground pool deck will be installed; then the outer deck side will be used as the point of measurement.

2. Fences. For in-ground and aboveground pools, fences surrounding entire property or pool with self-closing, self-locking gate.

(a) ln-ground pools must have a fence at least four feet in height.

(b) Aboveground pools less than four feet in height must be protected by a fence not less than four feet in height.

(c) Aboveground pools four feet or higher must have a removable ladder or a ladder that lifts up and can be locked when not in use. If the ladder is of permanent type, it must have a four-foot-high fence enclosure with a self-closing, self-locking gate.

3. Water Supply to Pool. Water must be supplied to pool through a check valve and antisyphon valve (vacuum breaker).

4. Water Discharge From Pools (emptying or backflushing pool filter). Disposing of water from an in-ground pool must be directly into the sewer line, by a direct connection to same. Disposing of water from an aboveground pool could be directly in the sewer line as above, a slop sink or a laundry sink inside the building. At no time should the water from the above pools be emptied on the ground or in a storm drain.

5. Pool Deck. For aboveground pools, decks around pools are permitted, provided that they meet the following requirements: deck area not to exceed 1/4 the area of pool; length not to exceed 1/4 the circumference of the pool, but could be less than 1/4 the circumference; deck must conform with distance requirements. A separate building permit is required.

6. Electrical Power and Connections to Pools. Filter systems, etc., must comply with the most recent National Electrical Code provisions for swimming and wading pools. Pumps and filters shall be set back from any property line the same distance as the pool and appropriately screened.

5-1.2. Off-Street Parking.

(a) At least two parking spaces for the parking or garaging of passenger vehicles shall be provided and maintained on private premises for each dwelling unit in any building which is hereafter erected for residence or apartment purposes or which is converted to such use. (L.L. No. 1-2005, § 1)

(b) All parking spaces provided pursuant to this section may be in the open or in private garages, or both, provided that no such parking spaces in the open shall be in a front yard nor in tiers, and provided that any such parking spaces in the open in excess of four in number shall be effectively screened with trees, shrubs or fencing, as required by the Street Commissioner of the Village, from the view of adjacent residential or apartment lots or streets.

(c) All parking spaces provided pursuant to this section shall be paved, oiled or covered with gravel, shall be suitably drained, shall be maintained in good condition, shall have adequate means of ingress and egress and shall have an interior circulation system that is adequate to provide safe accessibility.

(d) All parking spaces provided pursuant to this section shall be provided and maintained on the same lot with the building or premises for which such spaces are provided, except that, if so permitted by the Zoning Board of Appeals, all or a part of such parking spaces may be provided and maintained on another lot or lots owned or controlled by the owner of such building, provided that such parking spaces are within a reasonable distance of the main entrance of such building, and provided that such parking spaces are in the same or a less restricted district.

(e) Parking spaces shall not be considered as provided pursuant to this section unless reasonable precautions are taken to assure that such parking spaces are used only by persons who are at the time residing in or visiting the building for which such parking spaces are provided.

(f) Parking spaces required by this section shall be maintained, in accordance with the provisions of this section, as long as such buildings are used for residential or apartment purposes.

5-1.2.1. Off-Street Parking Requirements.

5-1.2.1.1. Intent of Requirements. It is the intention of this chapter that all structures and land uses shall have a sufficient amount of off-street automobile parking to meet the needs of persons employed at, or making use of, such structures or land uses. No permit for the erection or substantial alteration of a structure, or for the development of a land use, shall be issued unless off-street automobile parking facilities shall have been laid out in plan, in accordance with the appropriate requirements for structures and uses set forth in this section and approved by the Building Inspector.

5-1.2.1.2. Effect on Existing Uses. Structures and land uses in existence at the time this section becomes effective or structures and uses for which building permits have been approved at the time this section becomes effective shall not be subject to the requirements set forth in this section, provided that any parking facilities now existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they may not be reduced below such requirements. Required parking facilities for such structures or uses, as well as for any enlargement or extension, shall, however, be provided as a condition for the issuance of any building permit for such enlargement or extension in the future. In case of practical difficulty or unnecessary hardship to such properties arising out of this requirement, appeal may be made to the Zoning Board of Appeals, which shall require only such degree of compliance as it may deem reasonable for that part of the structure or use that is legally nonconforming, but may not waive any part of the requirement for that part of the structure or use that constitutes an enlargement or extension and may not permit reduction or elimination of whatever quantity of parking may already be in existence unless it is in excess of such requirements. Required off-street parking facilities which, after development, are later dedicated to and accepted by the Village shall be deemed to continue to serve the uses and structures to meet the requirements for which they were originally provided.

5-1.2.1.3. Schedule of Requirements. Off-street automobile parking facilities shall be provided as follows; all spaces nine feet wide by 20 feet long: (L.L. No. 1-2005, § 1)

5-1.2.1.4. Two or More Uses on Same Lot. Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot; except that the Zoning Board of Appeals may approve the joint use of parking space by two or more establishments on the same lot or on contiguous lots the total capacity of which space is less than the sum of the spaces required for each, provided that the Board finds that the capacity to be provided will substantially meet the intent of the requirements by reason of variation in the probable time of maximum use by patrons or employees among such establishments, and provided such approval of joint use shall be automatically terminated upon the termination of the operation of any such establishments.

5-1.2.1.5. Layout and Location of Off-Street Parking Facilities.

(a) The required off-street parking facilities for structures and land uses which are developed after this section becomes effective shall be provided on the same lot or premises with such structure or land use, except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots.

(b) Any driveway providing access to required off-street parking facilities shall be graded and laid out as follows:

1. The grade of the driveway at the street property line shall be four inches above the street grade at the center line of the driveway.

2. The grade of the driveway shall not exceed 10% from the front property line to the required front yard setback line or to a depth of 25 feet (whichever is greater).

3. The alignment of the driveway shall be generally at right angles to the street in this required depth.

4. Where size of lot and topography permit, the driveway shall be so arranged that cars entering onto a street may do so facing that street.

(c) In Apartment 3 Districts, no off-street parking facility shall be developed within any required front yard, adjacent to a street line or within any other side or rear yard within four feet of the lot line.

(d) The plans for any new building or any replacement or reconstruction of an existing building shall, when submitted to the Building Inspector, show specifically the location and size of the off-street parking facilities required to comply with this section and the means of access to such space from the public street or highways; and, except for single-family and two-family residences, the plan for traffic access, traffic circulation and general layout of the parking facility shall be approved by the Village with regard to improvement plan, to safety, to traffic on the public street, to safety to pedestrians on public sidewalks and to safety and adequacy of access to cars and pedestrians using the parking facility, before a building permit may be issued.

(e) Each required car space shall be not less than nine feet wide nor less than 20 feet long, exclusive of drives and accessory access and maneuvering space. Except where otherwise limited in this chapter, required off-street parking facilities may be enclosed in a structure or may be open, provided that all required parking facilities shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Building Inspector to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways; in appropriate situations, the Building Inspector may require suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. (L.L. No. 1-2005 § 1)

5-1.2.1.6. Operation and Maintenance of Off-Street Parking Facilities. Required off-street parking facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. Required parking areas developed for specific structures and uses shall be reserved at all times to those persons who are employed at, or make use of, such structures and land uses, except when dedicated to and accepted by the Village as public parking areas. Cars shall only be parked in stalls laid out according to approved plans. All aisles and drives shall be kept clear for movement of cars.

5-1.3. Fences and Hedges. The yard requirements of this chapter shall not be deemed to prohibit any hedge, fence or wall, provided that in any residence district, no hedge, fence or wall shall exceed the following heights along the outer boundary of or within any yard:

(a) Rear yard: six feet.

(b) Side yard: five feet.

(c) Front yard: four feet.

5-1.4. Shrubbery Screens. Within a rear or side yard of any apartment, business or industrial use which adjoins property zoned for residence purposes, there shall be a screen of shrubbery not less than five feet in width nor less than three feet in height at time of planting and of which 50% shall be evergreens. Such strip shall be free of rubbish and suitably maintained to the satisfaction of the Street Commissioner.

5-1.5. Dual Zone Requirements. Where a lot shall fall within two different zoning districts, the requirements of the more restrictive district shall prevail unless the Zoning Board of Appeals grants a special permit to allow the applicant to average the area and bulk restrictions. In such case, the Zoning Board of Appeals shall comply with the general requirements for granting a special permit as listed in Article VI.

5-1.6. Nonconforming Buildings and Uses. The following provisions shall apply to all buildings and uses existing lawfully on the effective date of this chapter, which buildings and/or uses do not conform to the requirements set forth in this chapter:

5-1.6.1. Such nonconforming use of buildings or open land may be continued indefinitely, but:

(a) Shall not be enlarged, extended or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever;

(b) Shall not be changed to another nonconforming use; and

(c) Shall not be reestablished if such use has for any reason been discontinued for a period of over one year or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.

5-1.6.2. Except as provided in § 5-1.6.4 below, no building which houses such a nonconforming use shall be:

(a) Structurally altered or enlarged; or

(b) Moved to another location where such use would be nonconforming. Subject to § 5-1.6.1, if a building which houses such a nonconforming use is destroyed accidentally due to fire, explosion or other cause, such building may be restored within one year in substantially the same form and location, and the same nonconforming use may be reinstated, without being extended.

5-1.6.3. Any building, the use of which is in conformity with the regulations set forth in this chapter, but which building does not conform to one or more of the requirements hereof other than the use requirements, may be altered, enlarged or rebuilt, provided that such building shall not be altered, enlarged or rebuilt so as to increase the degree of nonconformity thereof.

5-1.6.4. Nothing in this article shall be deemed to prevent normal maintenance and repair of any building, or the carrying out upon issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Building Inspector shall state the precise reason(s) why such alterations were deemed necessary.

§ 5-1.7. Merged lots.

5-1.7.1. Definitions. As used in this subsection the following words shall have the meanings indicated:

ACCESSORY LOT - A nonconforming parcel of land upon which exists an accessory building that is subordinate and customarily incidental to the principal use or principal building existing on the adjacent parcel and which has common ownership with the adjacent parcel.

ADJACENT PARCEL - One which abuts another parcel for a common course of 10 feet or greater.

COMMON OWNERSHIP - When two or more parcels of land are held, in whole or in part, by the same person, business, company, corporation, partnership, limited-liability company or other entity (whether for-profit or not-for-profit).

5-1.7.2. Merger. An accessory lot having common ownership with an adjacent parcel shall be deemed merged into the adjacent parcel, and said accessory lot and adjacent parcel shall together be deemed to be a single merged lot.

5-1.7.3. Effect of merger. Merged lots must conform to the height, area, bulk, dimensional and other regulations of this chapter, including, but not limited to, all of the requirements and limitations of the Village of Tuckahoe Schedule of Area and Bulk Requirements. No building permit or other development plan shall be issued or approved for any parcel, that is, by itself, an accessory lot, as defined herein. Upon meeting all of the requirements of this chapter, the resulting merged lot can, upon due process and compliance with this chapter, qualify for a building permit or other development plan.

5-1.7.4. Exceptions. Lots which meet the following criteria shall be exempt from the merger provisions of this subsection:

(a) An accessory lot, as defined herein, or a nonconforming lot that has been granted an area variance from the Zoning Board of Appeals before the date of enactment of this subsection. (L.L. No. 7-2007, § 1)

ARTICLE VI. SPECIAL PERMITS

§ 6-1. General provisions.

6-1.1. The Zoning Board of Appeals shall have the power, pursuant to § 7-725(b) of the Village Law, after public notice and hearing, to grant special use permits for the uses specified within this chapter (see schedule of uses at the end of this chapter). Any use designated in a given district as requiring a special use permit shall be deemed to be a permitted use in such district, subject to satisfaction of the conditions and standards set forth in this article in addition to all other requirements of this Zoning Ordinance. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

6-1.2. Application Procedures.

(a) Site plan review is required. Any land use requiring a special use permit shall also require site plan review by the Planning Board as provided in Article VII of this chapter.

(b) Application to the Zoning Board of Appeals. Application for a special use permit shall be made in writing to the Zoning Board of Appeals. (L.L. No. 3-2002, § 4)

(c) Additional information. In addition to the specific requirements of this article and Article VII, the application to the Zoning Board of Appeals for a special permit use shall show any other information that the Zoning Board of Appeals may require as it deems necessary to act on the application for a special permit use.

6-1.3. Public Hearing. The Zoning Board of Appeals shall fix a time for a public hearing within 62 days from the day a complete application for a special permit is made. Public notice shall be given by publication in the official newspaper of the Village of such hearing at least 10 days before the date of such hearing. A notice of such hearing shall also be transmitted to the applicant.

6-1.4. Decision.

(a) Time for decision. Within 62 days of said hearing, the Zoning Board of Appeals shall approve, approve with modifications or disapprove the special permit application. The time within which the Zoning Board of Appeals must render its decision may be extended by mutual consent of the Zoning Board of Appeals and the applicant.

(b) Filing of decision and notice. The decision of the Zoning Board of Appeals on the appeal shall be filed in the office of the Village Clerk within five business days after the day such decision is rendered, and a copy thereof mailed to the applicant. No building permit shall be issued for a special permit use until the conditions required by the Zoning Board of Appeals have been met.

6-1.5. Expiration. A special permit shall be deemed to authorize only the particular special use or uses permitted in any district and shall expire if:

(a) Construction and commencement. Construction has not been commenced within one year and has not been completed within two years of the date of final special permit approval; if no construction is involved, the use has not been commenced within one year of the date of final special permit approval.

(b) Cessation. The special use or uses shall cease for more than 12 months for any reason.

6-1.6. Standards for All Special Permit Uses. The Zoning Board of Appeals shall approve an application for a special permit, subject to such reasonable conditions and restrictions as are directly related to and incidental to the proposed special permit use, if it finds that the following conditions have been met:

(a) Compatibility with district: that the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with such use, the size of the site in relation to the use, the assembly of persons in connection with the use and the location of the site with respect to streets giving access to the site are such that the use will be in harmony with the appropriate and orderly development of the district in which the use is proposed to be located.

(b) Compatibility with Comprehensive Plan: that the proposed use will be compatible with the goals and objectives of the Comprehensive Plan.

(c) Services: that all proposed structures, equipment or material will be readily accessible for fire and police protection.

(d) Adjacent properties: that the location, nature and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall not hinder or discourage the appropriate development and use of adjacent land and buildings.

(e) Nuisance: that operations in connection with the use will not be offensive, dangerous, or destructive of basic environmental characteristics or detrimental to the public interest of the Village and not be more objectionable to nearby properties by reason of noise, fumes, vibration, flashing of or glare from lights and similar nuisance conditions than would be the operation of any permitted use not requiring a special permit.

(f) Neighborhood character and property values. The neighborhood character and surrounding property values shall be reasonably safeguarded.

(g) Traffic: that the use will not cause undue traffic congestion or create a traffic hazard.

(h) Parking: that parking areas will be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.

(i) That the use conforms in all respects to all the regulations of this Appendix and particularly to the specific supplemental regulations that apply to such use.

6-1.7. Additional Conditions; Revocation.

(a) Additional Conditions. The Zoning Board of Appeals shall require such additional conditions and safeguards to the special use permit as may be necessary to assure continual conformance to all applicable standards and requirements.

(b) Revocation. ln all instances, a special use permit may be revoked by the Zoning Board of Appeals, after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions, limitations and requirements imposed by the special use permit.

6-1.8. Referral to County Planning Department. The Zoning Board of Appeals shall comply with the provisions of Article 12-B, §§ 239-l and 239-m of the General Municipal Law, as amended, and refer to the Westchester County Department of Planning such permit applications which are within its jurisdiction.

§ 6-2. Specific standards.

6-2.1. Motor vehicle filling stations or motor vehicle repair/body shops.

(a) Issuance and Renewal of Special Permit. A special permit shall be issued for a period of five years. A special permit shall terminate upon any change in ownership of the business, and an application for a new special permit must be filed. A renewal application must be filed every five years. Every motor vehicle repair/body shop shall notify the Fire Inspector when required permits are renewed by the Westchester County Department of Health, the New York State Department of Environmental Conservation and/or the United States Environmental Protection Agency. The maintenance of such permits shall be a condition for the issuance and renewal of a special permit, and copies of such permits shall be provided with the application for a special permit. (L.L. No. 1-2005, § 1)

(b) The Zoning Board of Appeals may grant a special permit for the construction and operation of a motor vehicle filling station and motor vehicle repair/body shop subject to the following standards and the standards listed below:

1. Location. New motor vehicle repair/body shops shall not be permitted within 200 feet of an existing motor vehicle repair/body shop, measured from the closest point on the premises maintaining such use to the point of the premises wherein the proposed use would be established as opposed to measuring from lot line to lot line or building to building. In addition, no such shop shall be located within 200 feet, measured from the nearest lot line of the facility along the street line on both sides of the street boundary, of any residential district or the nearest lot line of any school, church, park, playground, hospital, public library, or institution for children or the aged or infirm. (L.L. No. 5-2002, § 1)

2. Repair work. All painting, body, fender or similar work shall be performed indoors and in compliance with all applicable federal, state, county and local laws, rules and regulations.

3. Outdoor storage. The property owner/operator shall demonstrate that a suitable program is in place to periodically remove all waste materials, parts, refuse and recyclables. No outside storage of damaged or partially disassembled vehicles, unregistered and/or unlicensed vehicles, parts, supplies or materials shall be permitted. All on-site storage areas, including trash areas, shall be placed on a concrete pad and enclosed in a suitable building or behind a solid-fenced area, as approved by the Board of Appeals.

4. Permit compliance on hazardous materials. Service operations and the storage and disposal of all materials must meet applicable rules and regulations of the New York State Department of Environmental Conservation (DEC). The environmental assessment form (EAF) for any special permit approval shall detail how compliance with applicable DEC regulations shall be achieved.

5. Annual fee. There shall be an annual fee for a motor vehicle filling station and motor vehicle repair/body shop as may be established by resolution of the Board of Trustees at a public meeting of such Board. Fees, to be borne by the motor vehicle repair/body shop owner, shall be to cover the cost of periodic inspections necessary for the purpose of verifying compliance of all applicable laws, rules and regulations.

6. Storage/Parking of Vehicles.

a. No automobiles or other vehicles, including tractors, construction equipment, trailers and boats, shall be stored or kept at any motor vehicle repair/body shop for any purpose except for repairs.

b. There shall be no storage of unregistered vehicles, partially dismantled vehicles and/or vehicles incapable of being driven on public roads except for temporary parking before and after repairs, not exceeding five days in duration for any vehicle.

c. One motor vehicle each for an owner or employee shall be permitted to be parked on the premises during their actual hours of employment.

d. Notwithstanding the above, no motor vehicle shall be stored or parked on the sidewalk, in the area between the street and the sidewalk or, where no sidewalk exists, within 10 feet from the curbline or the edge of the street if there is no curbline.

7. A motor vehicle filling station or motor vehicle repair/body shop may only operate or remain open on weekdays between the hours of 7:00 a.m. and 7:00 p.m. No motor vehicle filling station or motor vehicle repair/body shop may operate on any other day or during any other times except as may be permitted in accordance with the conditions of a special permit.

6-2.2. Satellite earth stations, dish antennas or cellular antennas. The Zoning Board of Appeals may grant a special permit for satellite earth stations and dish antennas in excess of two feet or cellular antennas, provided that the following conditions are met. Satellite earth stations or dish antennas shall be permitted in a residence district, as a customarily incidental or accessory use to the residential use of the principal building for the exclusive use of the occupants of said principal building and their guests, upon a determination by the Zoning Board of Appeals of the Village of Tuckahoe that such use is consistent with the public health, safety, morals and the general welfare of the community, after taking into consideration the location and size of the plot, the site and detailed construction plans of the satellite earth station (dish antenna) and its relationship to the plot limits, the topography, existing and proposed structures and site development features, screening and such other information as may be required by the Building Inspector, and provided further that such installation meets the following conditions:

1. The antenna shall be located only in the rear yard mounted on the ground and shall not violate the applicable zoning setback restrictions for accessory structures, and only one such antenna shall exist at any one time on a single residentially zoned and used lot or parcel.

2. The overall height, measured from the mean ground level to the highest part of antenna, and width and depth of the antenna shall each not exceed 15 feet.

3. The antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties.

4. Only one such structure shall exist at any one time on any single residentially zoned and used lot or parcel.

5. Application for the permit shall be submitted to the Village Building Inspector and must include construction drawings showing proposed method of installation and a site plan depicting structures and plantings on the property and all residential structures on adjacent properties.

6. If any modifications are made to the structure, the Building Inspector shall have the authority to require proof that said addition, change or modification is in conformity with the permit and the Uniform Building Code.

7. The Building Inspector shall be the sole judge of the building permit fee to be charged in a particular case, and said fee shall be determined in the same manner as the Building Inspector determines such fees for the erection of any other structures on residential premises.

8. After the application for the permit is submitted to the Building Inspector, as well as the other documentation required by Paragraph (5) above, no such permit to construct the satellite earth stations or dish antennas shall be granted until there has been first a public hearing before the Zoning Board of Appeals of the Village of Tuckahoe and said Zoning Board of Appeals has, in fact, approved the installation of said device in the manner applied for. Notice required to be given to adjoining neighbors shall be in the same manner and in accordance with regulations prescribing notice requirements for applications for variances to the Zoning Board of Appeals. Should the Zoning Board of Appeals deny the application, no building permit shall be issued by the Building Inspector.

9. The owner of such a structure shall assume complete liability in case of personal injury or property damage, and the application, as well as any other subsequent permit that is issued, shall contain express provision whereby such assumption of liability by the owner of the structure shall be stated. 10. The ability of the applicant to install the antenna in an unobtrusive location and to minimize any consequent noise impact on adjacent properties shall be a major factor in determining whether or not the permit is granted.

6-2.3. Family care facility or group care facility.

(a) The facility registers with the Building Inspector to provide information including, but not limited to, the name of the operating agency; the names of the resident supervisors of the facility; the street address of the facility; the maximum number of persons who will live in the facility; and the governmental authorization to operate the facility.

(b) There shall be no other such facility presently operating within a five-thousand-foot radius either within the Village of Tuckahoe or within any adjoining municipality.

(c) There shall be one parking unit on said lot for each 1,000 square feet of floor space in said building.

(d) The facility has adequate fire protection such as a sprinkler system and a smoke detector system and any other requirement the Fire Chief deems necessary.

(e) The following open space standards are to be observed (rear yard only):

1. For each resident under 12 years of age: 200 square feet.

2. For each resident between 12 and 17 years of age: 300 square feet.

3. For each resident 18 years of age or older: 150 square feet.

(f) All other applicable rules and regulations of the State of New York are to be complied with.

The Zoning Board of Appeals shall exercise care in considering a request to establish a family care facility or group care facility in order to preserve the existing character and social structure of the neighborhood and to protect existing facilities from the possibility that an over-concentration of such facilities will occur which may inadvertently recreate an institutional setting. The Zoning Board of Appeals shall impose any additional requirements it deems necessary to protect both the proposed facility and the surrounding land uses.

6-2.4. Residential uses in business/residential zone.

The construction of any new building or premises that includes residential uses, the enlargement or substantial renovation of any existing building or premises that includes residential uses or the creation of additional residential units at an existing building or premise that includes residential uses in the Business/Residential District shall be allowed only after a special permit is granted by the Zoning Board of Appeals. No such permit shall be issued unless the following requirements are considered, in addition to any other requirements of § 4-5:

1. Planning Board. An application shall first be made to the Planning Board, which shall complete a preliminary review of the application and shall then forward the application to the Zoning Board. The Planning Board may forward a recommendation to the Zoning Board, including comments relating to the planning, design and land use aspects of the application.

2. Separate entrances. The residentially used portion of any structure shall have an entrance or entrances which do not require access through any nonresidentially used area, other than a common lobby or plaza. The location and design of such entrances shall be subject to approval by the Zoning Board as part of the required special permit application.

3. Compatibility of use. The Zoning Board shall allow residential use above commercial uses or in conjunction with commercial uses only if such uses are found to be compatible with such housing. The Zoning Board shall consider noise, smell, pollution, hours of operation and expected traffic volumes in making this determination. The following use groups of the Business District shall normally be considered incompatible without proof of the contrary from the applicant that is satisfactory to the Zoning Board: any business where food is served, sold or prepared; restaurants; theaters; and cabarets.

4. Building context. The Zoning Board shall consider the surrounding scale, height, design and setbacks of existing buildings in its determination of the bulk, height and area requirements for premises with residential and/or business uses. In undertaking this contextual evaluation, the Zoning Board may request building sections and elevations; shadow diagrams, showing the impact of the proposed use on adjacent and planimetric context maps, showing all adjacent buildings with street or buildup lines. Any floor area ratio (FAR) established by the Zoning or Planning Board shall be consistent and compatible with the size of the lot and the adjoining lots and buildings. Open space, including yards, balconies and terraces, shall be encouraged and provided to the extent practical. To achieve a compatible building environment, the Zoning Board may modify or establish height, setback and yard controls, However, any modification that is less stringent than any other provisions of this Zoning Ordinance must be accompanied by written findings as to why such modification will produce a superior building context.

ARTICLE VII. SITE PLAN AND SUBDIVISION APPROVAL

§ 7-1. Approval of site plans.

7-1.1. Site Plan Approval. No building permit shall be issued for a structure, no structure or use shall be established and no site shall be changed, other than a one-family or two-family dwelling and its permitted accessory structures and uses, unless it is in conformity with a site plan approved by the Planning Board in accordance with this section. No certificate of occupancy for such structure or use shall be issued until all the requirements of such approval and any conditions attached thereto have been met. The continued validity of any certificate of occupancy shall be subject to continued conformance with such approved site plan and conditions. Revisions of approved site plans shall be subject to the same approval procedure.

7-1.2. One-Family and Two-Family Dwellings. Minor site plan review shall be required for one-family and two-family dwellings if the applicant proposes to construct and/or erect a one-family or two-family dwelling, which includes the razing of an existing one-family or two-family dwelling followed by the reconstruction of the same. Notwithstanding the foregoing, renovations, additions, alterations and/or modifications to a one-family or two-family dwelling may still be subject to minor site plan review where the Building Inspector finds some question as the conformity of the plans for such one-family dwelling or two-family dwelling to the standards set forth in § 7-1.5 herein, and the Building Inspector may require the applicant to obtain minor site plan review from the Planning Board. An applicant for minor site plan review shall be required to comply with all of the provisions and sections of this article; however he or she shall not be required to submit the following items in connection with a minor site plan review application, unless the Planning Board deems any or all of the following enumerated items necessary to such review:

1. Information on off-site utilities;

2. Driveway profiles unless the Planning Board cannot readily determine slopes;

3. Calculations of storm drain loads;

4. Landscape plan; and

5. Cut and fill quantities. (L.L. No. 1-2005, § 1)

7-1.3. Application. A site plan shall demonstrate that the standards of § 7-1.5 can be met and shall include at least the following information; provided, however, that the Planning Board Chairperson may waive such requirements as he/she deems to be not pertinent or necessary:

(a) General.

1. Site plans shall be drawn to a convenient scale, but not less than one inch equals 20 feet.

2. Such plans shall be prepared and signed by a professional architect, landscape architect, land surveyor or engineer licensed to practice in the State of New York.

(b) Legal Data.

1. Name and address of applicant and authorization of owner if different from applicant.

2. Copy of title insurance policy.

3. Section, block and lot numbers of the property taken from the official tax records.

4. Name, address, signature and seal of the professional preparing the site plan.

5. Title of the development, date prepared and date of revision, if any.

6. North arrow, scale and location map drawn to a scale of not less than one inch equals 800 feet.

7. Boundary lines, including metes and bounds thereof, cross referenced to the surveyor's map from which taken.

8. The location of all adjoining properties and the owners, sections, block and lot numbers of those properties as shown on the official tax records.

9. Description of all existing and proposed deed restrictions or covenants applying to the property filed in favor of the Village and the Town of Eastchester.

10. Existing zoning of the property and all adjoining properties.

11. Analysis of conformity to applicable standards, including any variances required.

(c) Natural Features.

1. Topographic data at a minimum contour interval of one foot, showing existing and proposed contours, extended at least 10 feet into adjoining properties.

2. Surface features, such as the location of rock outcrops.

3. Vegetative cover, including the location of existing wooded areas, significant individual trees and trees on adjacent Village property.

4. The location of all existing watercourses, waterbodies, intermittent streams, wetland areas and springs.

5. Boundaries of any area subject to flooding or stormwater overflows, including flood hazard areas as established by the Federal Emergency Management Agency.

(d) Existing Structures and Utilities.

1. Location of all structures on the premises, with distances at right angles to all property lines and approximate location of all neighboring structures within 100 feet of all lot lines of the premises.

2. Location of all existing adjacent public and private streets, ways and roads, paved areas and sidewalks. The names and existing widths of adjacent streets.

3. Locations, dimensions, grades and flow direction of existing sewers, culverts, waterlines and other underground utilities within the property, to the extent known or relevant; location of all utilities in the adjacent street and connections to structures on the premises.

4. Fences, landscaping and screening.

(e) Proposed Development.

1. The location and dimensions (length, width, floor elevations and height in feet and in stories) of proposed structures, with a detailed breakdown of all proposed floor space by type of use and floor level.

2. Architectural plans showing at least exterior elevations and materials to be used.

3. The location, width and finished grades of proposed public and private streets, ways, roads and sidewalks, including pavement type and profiles.

4. The location, layout, finished grade, pavement specifications and curbing proposed for parking lots and loading spaces, including access drives.

5. Driveway profiles from the center line of the street to the garage floor or parking lot. Indicate slopes by percent of grade. Elevations at center line of street, top of curb and at the lot line must also be indicated on the profile. Where there is no curb, the curb elevation is assumed to be equal to the elevation at the center line of the street and should be so indicated.

6. The location, design and proposed screening of outdoor storage areas, including proposed provisions for refuse storage and collection.

7. The location, size and design of all proposed water supply, sanitary sewage, valves and hydrants and other utility facilities, with profiles.

8. Stormwater drainage systems with details of catch basins, dry wells, retention basins and other related facilities. Calculation for expected storm drain loads and stormwater runoff pattern to be accommodated by the proposed drainage system, to be included based on zero increase in rate of discharge from the site regulated for storms up to fifty-year return probability.

9. Landscaping plan, to include type, size, quantity and location of plants and other landscaping materials to be used, with English and Latin names. Included in the plan shall be an indication of all existing vegetation to be retained and the methods to be used to protect such vegetation during the course of construction.

10. Type, location, design, shielding and hours of operation of exterior lighting.

11. Location, type, size, design, color and illumination of all signs.

12. Estimate of the quantity of any material to be imported to or removed from the site.

13. Description of measures planned to assure proper erosion and sedimentation control both during and after construction.

14. Top and bottom elevations of retaining walls, together with typical sections of such wall, and fencing or other safety features.

(f) Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, shall be required to be submitted with the application for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved site plan shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.

(g) Other. Any other information determined necessary or appropriate by the Planning Board in order to show sufficient detail of design and to provide for the proper administration and enforcement of this § 7-1.

7-1.4. Review Procedure.

(a) Application. Applicants may submit a preliminary, informal application and discuss it with the Planning Board prior to formal submission of a complete and detailed site plan application. Formal and informal applications for site plan approval shall be submitted to the Building inspector and to the individual members of the Planning Board. An application shall be considered officially submitted and received when found by the Planning Board at a meeting to be complete.

(b) Review by Other Agencies. The Planning Board may forward copies for review and report to such officials and agencies of the Village as it deems appropriate. All agencies shall have 30 days from the date of forwarding to submit a report. Such time limit may be extended by mutual agreement with the applicant, but any such extension shall apply equally to the time limits of § 7-1.4(c). The Planning Board shall, in addition and where required, forward copies to the Westchester County Planning Board and the Clerk of any abutting municipality, in accordance with § 239-m of the General Municipal Law or §§ 277.61 and 277.71 of the Westchester County Administrative Code.

(c) Action. Within 60 days of receipt of a completed application, the Planning Board shall hold a public hearing unless the Planning Board has determined that a public hearing is not required or unless the time limit is extended by mutual agreement with the applicant. A completed application is one that has received any necessary variances or special permits and one that has complied with the State Environmental Quality Review Act (SEQR) by either receiving a negative declaration or a completed draft environmental impact statement (DEIS). Within 60 days of the determination that a public hearing is not required or within like time following a public hearing, the Planning Board shall approve, approve with modifications or disapprove the application unless the time limit is extended by mutual agreement. The Planning Board shall approve the application where it finds that the standards of § 7-1.5 have been met. The Planning Board may approve such application conditionally where it finds that such conditions or modifications are necessary to insure initial and continued conformance with the standards of § 7-1.5. The decision of the Planning Board shall be filed with the Village Clerk and the Building Inspector and a copy thereof mailed to the applicant. Failure by the approving agency to take action within the time limit specified, or as may be extended, shall constitute approval.

(d) Variances in Conjunction with a Site Plan.

1. No application shall be deemed complete unless it complies with all the requirements of this Zoning Ordinance and any necessary variances and/or special permits have been granted by the Zoning Board of Appeals.

2. The Planning Board shall not approve or disapprove an application until any necessary variances have been granted by the Zoning Board of Appeals.

3. In cases where a use requiring site plan approval also requires one or more variances application shall first be made to the Planning Board. The Planning Board shall complete a preliminary review of the site plan and shall then refer the application to the Zoning Board of Appeals. The Planning Board may include a recommendation, including the planning and land use aspects of the application and requested variances. (L.L. No. 3-2002, § 3)

7-1.5. Standards. In considering and approving site plans, the Planning Board shall take into consideration the purposes of this Zoning Ordinance and, as a condition of approval, may require such modifications of the proposed plans as it deems necessary to comply with the spirit as well as the letter of this local law. The Planning Board shall specifically take into account the following:

(a) Safe, adequate and convenient vehicular and pedestrian traffic circulation both within and without the site. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:

1. The effect of the proposed development on traffic conditions on existing streets.

2. The number, locations, dimensions and construction details of vehicular and pedestrian entrances, exits, drives and walkways. Vehicular access to state, county or Village roads must also be approved by the State Department of Transportation, the County Department of Public Works or the Village Police Department and the Department of Public Works, as appropriate.

3. The visibility in both directions at all exit points of the site. The driver of an automobile exiting the site should have an unobstructed view of the street for that distance necessary to allow safe entrance into the traffic stream.

4. `The location, arrangement and adequacy of off-street parking lots, which shall, at a minimum, meet the requirements of this Zoning Ordinance. 5. Interconnection of parking lots via access drives within and between adjacent lots, in order to provide maximum efficiency, minimize curb cuts, and encourage safe and convenient traffic circulation.

6. The location, arrangement and adequacy of loading areas, which shall, at a minimum, meet the requirements of this Zoning Ordinance.

7. Patterns of vehicular and pedestrian circulation both within the boundaries of the development and in relation to the adjoining street and sidewalk system.

8. The location, arrangement and adequacy of facilities for the physically handicapped, such as ramps, depressed curbs and reserved parking spaces.

9. The location, arrangement and adequacy of landscaping within and bordering parking lots and loading spaces, which shall, at a minimum, meet the requirements of this Zoning Ordinance.

10. Adequacy of fire lanes and other emergency zones. The Planning Board may require the provision of fire zones and may also require suitable legal agreements for enforcement of any accompanying parking restrictions.

(b) The protection of environmental quality and the preservation and enhancement of property values in the neighboring area. At least the following aspects of the site plan shall be evaluated to determine conformity to this standard:

1. The location, height and materials of walls, fences, hedges and plantings so as to insure harmony with adjacent development, screen parking lots and loading spaces and conceal storage areas, refuse areas, utility installations and other such features. Such walls, fences, hedges and planting shall, at a minimum, meet the requirements of the Zoning Ordinance.

2. The prevention of dust and erosion, both during and after construction, through the planting of ground cover or the installation of other appropriate ground surfaces.

3. The preservation of natural features of the site such as wetlands, unique wildlife habitats, historic structures, major trees and scenic views both from the site and onto or over the site.

4. The conformity of exterior lighting to the requirements of the Zoning Ordinance and Village ordinances.

5. The design and arrangement of buildings, structures and accessory facilities (such as air-conditioning systems, public address systems, etc.) so as to achieve minimum and acceptable noise levels at the property boundaries.

6. The provision of adequate storm- and surface water drainage facilities so as to properly drain the site while minimizing downstream flooding, including on-site retention sufficient to limit flows from the site to that for a once-in-two-year storm acting on the existing site when receiving storms at the rate of a once-in-fifty-year storm.

7. Access to sunlight for present and potential solar energy systems, both on- and off-site, as well as building siting, orientation and landscaping.

(c) A quality of building and overall site design which will enhance and protect the character and property values of the adjacent neighborhood. The Planning Board shall evaluate the architectural features of the proposed design to determine if they are in harmony with the neighborhood, including consideration of architectural style, bulk, dimensions, materials and location on the site and, in relation to development on adjoining properties, the natural terrain and vegetation.

7-1.6. Expiration. Unless other provisions are specifically set forth by the Planning Board in connection with its approval of a site plan, such approval shall expire if substantial construction is not completed within one year of approval, or if all required improvements are not completed within two years of approval or if the construction or use shall cease for more than six months in any twelve-month period.

7-1.7. Amendments.

(a) Minor Amendments. During construction, the Building Inspector may, after obtaining approval of the Planning Board Chairman, authorize minor adjustments to the approved site plan when such adjustments appear necessary in the light of technical or engineering considerations, the existence or materiality of which was first discovered during actual construction. Such minor adjustments shall be consistent with the concepts of the approved site plan.

(b) Substantial Amendments. Where unforeseen conditions are encountered which require any change to an approved site plan, or where the applicant wishes to modify the approved plan for other reasons, an amended site plan shall be filed for review and approval in accordance with the same procedures required for initial applications.

7-1.8. Guaranty of Completion. Where, in the opinion of the Building Inspector, the elements of an approved site plan are substantially complete, and the structure or use meets the requirements of other applicable codes and ordinances, the Building Inspector may issue a temporary certificate of occupancy for a period of up to 90 days, subject to a suitable assurance that all required elements of the approved site plan will be completed as soon as practicable. Where the Building Inspector finds good cause, he may extend such temporary certificate of occupancy for two additional periods of not to exceed 90 days each.

(L.L. No. 1-2006, Art. 4; L.L. No. 2-2007, Art. 4)

§ 7-2. Subdivision approval.

7-2.1. Before the approval by the Planning Board of any plat showing a subdivision and the creation of new blocks, lots or sites, with or without streets or highways, all applicants for such approvals shall show, in proper cases and when required by the Planning Board, a park or parks suitably located for playground or other recreation purposes.

7-2.2 Creation of Parks; Recreation Fee. If the Planning Board determines that a suitable park or parks of adequate size cannot be properly located in any such plat or are otherwise not practical, the Planning Board shall require as a condition to approval of any such plat the payment of a recreation fee in the amount of 10% of the appraised valuation of each new lot. Such recreation fee shall constitute a trust fund to be used by the Board of Trustees exclusively for neighborhood park, playground or recreation purposes, including the acquisition of land.

§ 7-3. Additional stormwater pollution prevention plan requirements for subdivision approval.

Subdivision approval also requires the following:

7-3.1. For preliminary subdivision plat add: stormwater pollution prevention plan: A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved preliminary subdivision plat shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.

7-3.2. For final subdivision plat approval add: stormwater pollution prevention plan: A stormwater pollution prevention plan consistent with the requirements of Chapter 7B, Erosion and Sediment Control, §§ 7B-1 through 7B-5, and Article XII, Stormwater Control, of this chapter, and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Article XII of this chapter. The approved final subdivision plat shall be consistent with the provisions of Chapter 7B, Erosion and Sediment Control, and Article XII of this chapter.

(L.L. No. 1-2006, Art. 3; L.L. No. 2-2007, Art. 3)

ARTICLE VIII. PLANNING BOARD

8-1.1. Establishment. There shall be a Planning Board of seven members pursuant to the provisions of the Village Law, with all the power and duties prescribed by law and by this chapter. The Board of Trustees shall designate one member of the Planning Board to serve as Chairperson of such Board for a period of one official year. In addition to the seven regular members of such Board, the Board of Trustees may appoint two ad hoc members to the Planning Board. Such ad hoc members shall serve on the Planning Board whenever absences or conflicts of interest of regular members prevent seven regular members from hearing an application or applications. The powers and duties of the Planning Board are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Planning Board.

8-1.2. Rules and Regulations. The Planning Board may adopt such rules and regulations as are necessary or proper to the performance of its powers and duties hereunder and may amend or repeal the same.

8-1.3. Quorum and Decision. The presence of a majority of the members of the Planning Board shall be necessary for a quorum. The concurring vote of a majority of the total members of the Board shall be necessary to decide any matter before it.

8-1.4. Comprehensive Plan. The Planning Board shall recommend revisions to the Village Comprehensive Plan or shall update the Plan and recommend such update to the Trustees. The Trustees reserved the power to adopt the Comprehensive Plan.

8-1.5. Site Plan and Subdivision Approval. All site plans, subject to the provisions of Article VII herein, and subdivisions shall be reviewed by the Planning Board, including the architectural features of such plans.

8-1.6. Zoning Referrals. The Trustees shall refer any proposed Zoning Map change to the Planning Board for the Planning Board's recommendation. (L.L. No. 1-2005, § 1; L.L. No. 9-2007, § 1)

ARTICLE IX. ZONING BOARD OF APPEALS

§ 9-1. Zoning Board of Appeals.

There shall be a Zoning Board of Appeals of five members pursuant to the provisions of the Village Law, with all the power and duties prescribed by law and by this chapter. The Board of Trustees shall designate one member of the Zoning Board of Appeals to serve as Chairperson of such Board for a period of one official year. In addition to the five regular members of such Board, the Board of Trustees may appoint two ad hoc members to the Zoning Board of Appeals. Such ad hoc members shall serve on the Zoning Board of Appeals whenever absences or conflicts of interest of regular members prevent five regular members from hearing an application or applications.

§ 9-2. Temporary permits.

The Zoning Board of Appeals may grant temporary conditional permits of not more than one year's duration for structures and uses not permitted by this chapter in the districts in which they are located, but which are necessary or desirable in connection with new building development.

§ 9-3. Conditions and safeguards.

In all cases where the Zoning Board of Appeals grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such Board to attach such conditions and safeguards as may be required in order that the result of its action may be as nearly as possible in accordance with the spirit and intent of this chapter, including a requirement that work under such variance be commenced and diligently prosecuted within one year of the granting thereof, failing which such variance shall become null and void.

§ 9-4. Responsibilities. (L.L. No. 3-2002, § 2)

9-4.1. Area variances. Area variance shall mean the authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.

9-4.2. Use variances. Use variance shall mean the authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or prohibited by the applicable zoning regulations.

9-4.3. Special permits. The Zoning Board of Appeals may grant special use permits in accordance with Article VI of this Zoning Ordinance.

ARTICLE X. ADMINISTRATION AND ENFORCEMENT

§ 10-1. Building permits; certificates of occupancy; penalties for offenses.

10-1.1. Building Permits. No building or structure in any district shall be erected or structurally altered without a building permit duly issued, upon application, by the Building Inspector, as provided in the Building Code.

10-1.1.1. No building permit shall be issued for any building where the site plan of such building is subject to approval by the Planning Board except in conformity with the plans approved by said Board.

10-1.2. Certificate of Occupancy.

10-1.2.1. The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the Building Inspector, as provided in the Building Code:

(a) Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building; or

(b) Occupancy, use or any change in the use of any land.

10-1.2.2. Every certificate of occupancy in connection with which a variance has been granted shall contain a detailed statement of such variance and of any conditions to which the same is subject.

10-1.3. Violations and Penalties.

10-1.3.1. Any owner, lessee, contractor, agent or other person who uses or maintains, or causes to be used or maintained, any building or premises or any part thereof in the Village for any purpose other than the uses permitted therefor in this chapter, or who erects, enlarges, alters or maintains, or causes to be erected, enlarged, altered or maintained, any building or any part thereof in the Village except in conformity with the provisions of this chapter, or who uses or maintains, or causes to be used or maintained, any building or any part thereof in the Village which has been erected, enlarged or altered other than in conformity with the provisions of this Zoning Ordinance shall be subject to a minimum fine of $450 and a maximum fine of $750. Each and every day that a violation continues shall constitute a separate offense. The provisions of this section, and the provisions establishing penalties for violating this chapter set forth elsewhere, shall supersede the provisions of the New York State Village Law to the extent that they are inconsistent therewith.

10-1.3.2. If any owner, lessee, contractor, agent or other person fails to abate any violation of this Zoning Ordinance within five calendar days after written notice has been served personally upon said owner, lessee, contractor, agent or other person, or within 10 days after written notice has been sent to said person by first class mail and certified mail, return receipt requested, at said owner's, lessee's, contractor's agent's or other person's home or business address, said owner, lessee, contractor, agent or other person shall be subject to a civil penalty of $100 for each and every day that said violation continues, recoverable by suit brought by the Village and to be retained by it.

10-1.3.3. Any said violation of this chapter may also be enjoined pursuant to law.

10-1.3.4. The remedies provided for herein shall be cumulative and shall be in addition to any other remedies provided by law. (L.L. No. 4-2006, § 1)

§ 10-2. Amendments.

10-2.1. This chapter or any part thereof may be amended, supplemented or repealed, from time to time, by the Board of Trustees on its own motion or on petition, as provided in the Village Law.

10-2.2. Each petition for a zoning amendment shall be accompanied by such fee as shall be otherwise prescribed, payable to the Village Clerk upon the filing thereof. If no hearing is held, the fee shall be refunded to the petitioner in full. No fee shall be required for petitions filed in favor of or against a pending application.

§ 10-3. Interpretation.

10-3.1. ln their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where this chapter imposes greater restrictions upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by existing provisions of law or ordinance or by any other rules, regulations or permits, adopted or issued at any time, the provisions of this chapter shall control. Wherever the requirements of this chapter differ from the requirements of another ordinance, the more drastic shall govern.

10-3.2. In the event of conflict in the terminology of any section or part thereof of this chapter, the more restrictive provisions shall control.

§ 10-4. Invalidity.

10-4.1. Should any section or provision of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.

10-4.2. Should this chapter in its entirety be decided by the courts to be unconstitutional or invalid, the Zoning Ordinance of 1930, with its amendments, shall be deemed to have remained in effect.

§ 10-5. Fees.

10-5.1. The fees for applications to the Planning Board and Zoning Board of Appeals are to be established by the Village Board at a public meeting and shall be posted in the Building Department and Village Clerk's office.

§ 10-6. Effective date.

10-6.1. This chapter shall take effect 10 days after publication and posting following the adoption thereof by the Board of Trustees of the Village of Tuckahoe in the manner provided by the Village Law, except that this chapter shall take effect from the date of its service as against a person served personally with a copy hereof, certified by the Village Clerk and showing the date of its passage and entry in the minutes.

ARTICLE XI, . WORKFORCE HOUSING (L.L. No. 6-2005, § 2)

§ 11-1. Intent and purpose.

It is the intent and purpose of the Village of Tuckahoe to increase the number of workforce housing units available to moderate-income families as defined in § 3-1.1.11.a. Such units are intended to assist Village and School District employees in living in the Village as well as expanding the housing choices of existing residents who might otherwise leave the Village. § 11-2. Requirements and incentives for participation.

In order to provide workforce housing in the Village of Tuckahoe, the Village hereby provides a system of zoning incentives, in the form of additional permitted housing units and permitted reduced lot sizes, as follows:

11-2.1. Applicable zones. A developer may apply for workforce housing in any zone permitting multifamily housing within the Village. These zones include the Apartment 3 District and the Business/Residence District.

11-2.2. Number of workforce units. The number of workforce units that may be permitted by the Planning Board shall not be less than 5% or more than 15% of the total number of units permitted by the Zoning Code. However, the Village Board of Trustees shall have the power to increase the number of workforce units to 20% of the units on a site and the percentage of Westchester County family median income eligible for such units, where such flexibility is needed to meet state or federal program requirements and where the Trustees determine that such modification advances the public welfare without significant adverse impacts.

11-2.3. Additional incentive market-rate units. For every workforce housing unit that a developer agrees to construct, the developer shall be allowed to build one additional market-rate unit, above the maximum number otherwise permitted under the applicable provisions of this Code. For example: If a developer is allowed to construct 100 units under the Code, and of these 100, 10 units will be workforce housing units, then the total number of units that the developer could construct would be 110 (90 market rate plus 10 workforce housing units plus 10 bonus units).

11-2.4. Compliance with other provisions of this Code. The provision of workforce housing shall not waive any other requirements of this Zoning Code, unless specifically stated in this article.

§ 11-3. Development standards.

Workforce units must meet the following standards:

11-3.1. All workforce housing units shall be physically integrated into the design of the building(s) and shall generally reflect the same unit distribution by bedrooms as market-rate units. Workforce housing units shall be constructed to the same quality standards as market-rate units. The exterior finishes for workforce units shall be indistinguishable from all other units. The developer may, however, substitute different appliances and interior hardware where such substitutions would not adversely impact the livability of the unit, as determined by the Building Inspector.

11-3.2. Workforce housing units shall have no less than 90% of the square footage of market rate units for the same number of bedrooms.

11-3.3. The landowner and developer must agree to file a declaration at the time of site plan approval identifying the units that are workforce housing units and restricting their future sale price under the provisions of this section. The declaration shall include a provision requiring that every deed for a workforce housing unit shall include the following paragraph to inform all future sellers and buyers that this unit is a workforce housing unit subject to the provisions of this section:

"This dwelling has been constructed for use by moderate-income families pursuant to a special program under the Village of Tuckahoe Code. Its future sale (including resale) or rent must be to persons who qualify with the income requirements and at a price in accordance with the program."

11-3.4. All workforce housing units shall generally be physically distributed throughout the development in the same proportion as other housing units, though the Planning Board may use discretion in reviewing and approving distribution.

§ 11-4. Eligibility and preference to purchase or rent a workforce housing unit. (L.L. No. 7-2008, § 1)

11-4.1. To be eligible to purchase or rent a workforce housing unit, the household's aggregate annual income must be 80% or lower of the Westchester County median family income for a family of a particular size as determined annually by the United States Department of Housing and Urban Development (HUD).

11-4.2. Preference to purchase or rent.

(a) Among income-eligible households, preference to purchase or rent workforce housing units shall be given to the following types of households, in order:

1. Employees of the Village of Tuckahoe.
2. Members of the Village of Tuckahoe's Police or Fire Department.
3. Employees of the Tuckahoe and Eastchester School District.
4. Elderly (65 years or older) or disabled residents of the Village.
5. Honorably discharged United States veterans who are residents of the
Village. 6. All other Village residents.

7. People who work at a business within the Village.

8. Others. Any lists of potential applicants shall be made available to the public upon request.

(b) In the event that the number of applicants exceeds the number of available units, the Village Board of Trustees, pursuant to § 11-7 below, shall allot the units:

1. By category; and
2. Within a category, by chronological order of filing.

§ 11-5. Calculation of initial sales prices of workforce housing units. Maximum sale price shall be set by resolution of the Village Board of Trustees, as amended from time to time, after review of relevant information that may be provided by federal and state housing departments as well as developers. The initial sale price of a unit shall be calculated such that the annual cost of the sum of principal, interest, taxes and insurance (PITI) and common charges, as applicable, shall not exceed 30% of income for a moderate-income household.

§ 11-6. Calculation of permissible rent. (L.L. No. 7-2008, § 2)

Maximum monthly rent (including estimated utilities) shall be set by the Village Board of Trustees, as amended from time to time, after review of relevant information that may be provided by federal and state affordable housing departments as well as developers. The rent [including the estimated cost of utilities (heat, hot water and electricity)] shall not exceed 30% of income for a moderate-income household.

§ 11-7. Responsibilities of Village Board of Trustees. (L.L. No. 7-2008, § 3) The Village Board of Trustees shall have the following responsibilities:

(a) Be responsible for the administration of workforce housing units pursuant to the provisions of this article.

(b) Prior to the initial offering of each workforce housing unit, the Board of Trustees shall notify the owner or manager of each development containing workforce housing units as to the price and income eligibility requirements for each unit.

(c) The owner and/or manager, as appropriate, shall annually certify to the satisfaction of the Village Board of Trustees that the requisite percentage of workforce housing units have been assigned to moderate-income workforce households and that any new tenants of workforce housing units meet the income guidelines in effect when the new tenants take occupancy. Annual certification shall include the address of the workforce housing units, the name of the occupant, and the occupant(s)' tax returns and signature(s).

(d) The Board of Trustees shall promulgate and maintain the information and documentation relative to all workforce housing units; the number thereof available for sale or lease at all times; the sale price and monthly rent; and the names and addresses of eligible moderate-income households to purchase or lease same, together with a priority list of such households. The Village Board of Trustees shall maintain such other records and documents as shall be required to properly administer the provisions of this article.

(e) Whenever the Building Inspector shall receive an application for and/or issue a building permit, a certificate of occupancy or any other permit or authorization affecting a workforce housing unit, a copy thereof shall be filed with the Village Board of Trustees through the office of the Village Clerk.

(f) The sale or lease of workforce units must meet the guidelines established by the Board of Trustees. These guidelines shall be reviewed on an annual basis, and address the sales price and/or lease amounts for workforce housing units. The Village Board of Trustees shall administer the guidelines, shall review the qualification of potential buyers or lessees, and shall approve each proposed sale or lease of a workforce housing unit.

(g) Any covenant, restriction, or other encumbrance to be placed on a workforce housing unit must be approved by the Village Attorney and the Village Board of Trustees.

(h) No lease term for a workforce housing unit shall exceed two years. Notwithstanding this restriction, a lessee still eligible to rent a workforce housing unit may renew a lease term. If a household's aggregate annual income increases beyond the maximum to allow eligibility for the workforce housing unit, the household may continue to occupy that rental unit, provided that the monthly rental payment (including estimated utilities) shall be increased so as to constitute 30% of the household's income. If the household chooses not to execute a lease at the adjusted rent within a three-month timeframe, the household may continue to occupy the unit for up to one year after the expiration of its current lease.

(i) Any applicant for a workforce housing unit aggrieved by a determination by the Village Board of Trustees shall have the right to appeal such determination to the Village Zoning Board of Appeals.

§ 11-8. Resale: calculation of permissible resale price.

11-8.1. Workforce housing units for moderate-income households may be resold only to eligible moderate-income households of substantially similar size for the purposes of calculating aggregate annual income and subject to the Village Board of Trustees' approval. (L.L. No. 7-2008, § 4)

11-8.2. The owner of a workforce housing unit shall notify the Village Board of Trustees of the intent to sell prior to contract with any purchaser. (L.L. No. 7-2008, § 4)

11-8.3. The maximum resale price may not exceed the purchase price plus the cost of permanent fixed improvements, adjusted for the increase in the consumer price index during the period of ownership of the period of ownership of the workforce housing unit and such improvements plus reasonable and necessary resale expenses. Notwithstanding the foregoing, in no case shall the resale price exceed the income restrictions for moderate-income households.

§ 11-9. Tax assessment.

The Village Assessor shall consider the limited sale value of workforce housing units in determining the appropriate assessment on such units.

§ 11-10. Applicability of other Code provisions.

All of the provisions of the Code of the Village of Tuckahoe not inconsistent or in conflict with the provisions of this article shall be applicable to workforce housing.

ARTICLE XII, . STORMWATER CONTROL (L.L. No. 1-2006, Art. 2; L.L. No. 2-2007, Art. 2)

§ 12-1. Definitions.

The terms used in this article, Chapter 7B, Erosion and Sediment Control, and §§ 7-1.3(f) and 7-3 or in documents prepared or reviewed under this article, Chapter 7B, Erosion and Sediment Control, and §§ 7-1.3(f) and 7-3 shall have the meaning as set forth in this section.

AGRICULTURAL ACTIVITY -- The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not, include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

APPLICANT -- A property owner or agent of a property owner who has filed an application for a land development activity.

BUILDING -- Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

CHANNEL -- A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING -- Any activity that removes the vegetative surface cover. DEDICATION -- The deliberate appropriation of property by its owner fo

r general public use.

DEPARTMENT -- The New York State Department of Environmental Conservation.

DESIGN MANUAL -- The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER --A person who undertakes land development activities.

EROSION CONTROL MANUAL -- The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."

GRADING -- Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER -- Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).

INDUSTRIAL STORMWATER PERMIT -- A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries, which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION -- The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND -- An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

LAND DEVELOPMENT ACTIVITY -- Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER -- The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT -- A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION -- Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING -- Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN -- Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT -- Land development activity.

RECHARGE -- The replenishment of underground water reserves.

SEDIMENT CONTROL -- Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS -- Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01 -- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02 -- A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

STABILIZATION -- The use of practices that prevent exposed soil from eroding. STOP-WORK ORDER -- An order issued which requires that all construction activity on a site be stopped.

STORMWATER -- Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOTSPOT -- A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT -- The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY -- One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER -- An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

STORMWATER MANAGEMENT PRACTICES (SMP) -- Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP) -- A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF -- Flow on the surface of the ground, resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK -- Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marches, inlets, canals, the Atlantic Ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE -- A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY -- A channel that directs surface runoff to a watercourse or to the public storm drain.

§ 12-2. Stormwater pollution prevention plans.

12-2.1. Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this article.

12-2.2. Contents of stormwater pollution prevention plans.

12.2.2.1. All SWPPPs shall provide the following background information and erosion and sediment controls:

(a) Background information about the scope of the project, including location, type and size of project;

(b) Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s);

(c) Description of the soil(s) present at the site;

(d) Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;

(e) Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

(f) Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

(g) Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out;

(h) A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

(i) Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

(j) Temporary practices that will be converted to permanent control measures;

(k) Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

(l) Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

(m) Name(s) of the receiving water(s);

(n) Delineation of SWPPP implementation responsibilities for each part of the site;

(o) Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

(p) Any existing data that describes the stormwater runoff at the site.

12-2.2.2. Land development activities as defined in § 12-1 of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (postconstruction stormwater runoff controls) as set forth in the section below as applicable:

(a) Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

(b) Condition B: stormwater runoff from land development activities disturbing five or more acres.

(c) Condition C: stormwater runoff from land development activity disturbing between one acre and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

12-2.2.3. SWPPP requirements for Conditions A, B and C:

(a) All information in § 12-2.2.1 of this article.

(b) Description of each postconstruction stormwater management practice;

(c) Site map/construction drawing(s) showing the specific location(s) and size(s) of each postconstruction stormwater management practice.

(d) Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

(e) Comparison of postdevelopment stormwater runoff conditions with predevelopment conditions.

(f) Dimensions, material specifications and installation details for each postconstruction stormwater management practice.

(g) Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice.

(h) Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.

(i) Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 12-4 of this article.

12-2.3. Plan certification. The SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meets the requirements of this article and Chapter 7B, Erosion and Sediment Control.

12-2.4. Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

12-2.5. Contractor certification.

12-2.5.1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

12-2.5.2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

12-2.5.3. The certification statement(s) shall become part of the SWPPP for the land development activity.

12-2.6. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

§ 12-3. Performance and design criteria for stormwater management and erosion and sediment control.

All land development activities shall be subject to the following performance and design criteria:

12-3.1. Technical standards. For the purpose of this article and Chapter 7B, Erosion and Sediment Control, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this article and Chapter 7B, Erosion and Sediment Control:

(a) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").

(b) New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

12-3.2. Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

§ 12-4. Maintenance and repair of stormwater facilities.

12-4.1. Maintenance during construction.

12-4.1.1. The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this article and Chapter 7B, Erosion and Sediment Control. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

12-4.1.2. The applicant or developer or its representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.

12-4.2. Maintenance easement. Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Village to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this article and Chapter 7B, Erosion and Sediment Control. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Village.

12-4.3. Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this article and Chapter 7B, Erosion and Sediment Control, shall operate and maintain the stormwater management practices to achieve the goals of this article and Chapter 7B, Erosion and Sediment Control. Proper operation and maintenance also includes, as a minimum, the following:

(a) A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this article and Chapter 7B, Erosion and Sediment Control.

(b) Written procedures for operation and maintenance and training new maintenance personnel.

(c) Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 12-3.2.

12-4.4. Maintenance agreements. The Village shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B, entitled "Sample Stormwater Control Facility Maintenance Agreement."EN The Village, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this article and Chapter 7B, Erosion and Sediment Control, and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

SCHEDULE A STORMWATER MANAGEMENT PRACTICES ACCEPTABLE FOR WATER QUALITY

Table of Zoning Map Amendments

The following is a list of amendments to the Village of Tuckahoe Zoning Map as originally adopted June 3, 1960:

APPENDIX

CODE COMPARATIVE TABLE

[This is a chronological and numerical listing of the local laws, ordinances and resolutions of the Village of Tuckahoe, New York, included in this Code, either as originally published or through the course of routine supplementation. In the republication of the Code of Ordinances in 1993, the former Code Comparative Table and the Local Laws Comparative Table were combined into one since the village now only enacts local laws and resolutions. Repealed or superseded legislation and any omitted materials are not reflected in this table.]

CHECKLIST OF UP-TO-DATE PAGES

From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that, through usage and supplementation, many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page.

In the first column all odd-numbered pages are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. An asterisk (*) indicates that the pages have not been reprinted since the 1993 republication of this volume, while a number indicates that a page has been printed or reprinted as part of a particular supplement.

This checklist will be updated with the printing of each Supplement.