Larchmont Zoning Code: DRAFT Revisions, with Recommended Changes from the Planning Commission April 15, 2003

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1 A. Amend the following definitions in (Definitions and word usage) in Chapter 381 (Zoning) of the Larchmont Village code, as follows. CORNER LOT A lot at the junction of and abutting having its front lot line on two (2) or more intersecting streets whose right-of-way lines meet and form an interior angle of one hundred, thirty-five degrees (135 o ). The front yard on a corner lot shall be considered that yard with the narrowest street frontage. FRONT LOT LINE The street line upon which the lot abutslot line separating the front yard of a lot, as defined herein, from the street right-of-way line., and, if a lot abuts upon more than one street, it is the street line designated as the front line or front street in an application for a building permit, at the applicant s election. FRONT YARD The open, unoccupied space on the same lot with the principal building extending from the street line to a line parallel thereto and tangent to the nearest wall of such building, excluding portions thereof that are permitted to project into such yard, and extending the full width of the lot to the side lot lines thereof. For corner lots, the front yard shall be considered that yard with the narrowest street frontage. For through lots, anyeach yard abutting a street shall be considered a front yard. HALF-STORY Enclosed space above the highest full story of a building and underneath the slope of a pitched roof, which has or could have a floor-to ceiling height of 7.5 feet or more at any point; and a length or width of eight (8) feet or more and a gross floor area of 100 square feet or more, as measured within knee walls of five (5) feet in height; and a gross floor area measuring not more than 50 percent of the area of the floor immediately beneath, as measured within knee walls of five (5) feet in height. Any enclosed space with a gross floor area measuring 50 percent or more of the area of the floor immediately beneath shall be considered a full story. For the purposes of determining gross floor area, all floor area within dormers shall be included. Livable Enclosed space above the highest full story of a building and underneath the slope of a pitched roof, which contains or is designed to could contain one (1) or more finished rooms under the roof, accessible by a stairway, which rooms shall have a with a gross floor area not greater than 50 percent of the gross floor area of the floor immediately beneath and with a clear height of eight (8) feet from floor to ceiling over at least not more than 50% percent of the area of each such roomthe finished space. If the finished space has a gross floor area in excess of 50 percent of the gross floor area of the floor immediately beneath, or if the finished space has a clear height of eight (8) feet from floor to ceiling over more than 50 percent of the area of the finished space, then it shall deemed to be a full story. In no case shall a basement or cellar be deemed a half-story. If the aggregate livable area of such space under the roof, including the area in stairways, halls and enclosing partitions, exceeds 50% of the gross floor area of the floor immediately below, it shall be classed as a full story in computing the height of a building, but if such aggregate livable area is less than 50% of the gross floor area of the floor below, it shall not qualify as a half-story in determining the minimum ground floor area required. If the aggregate livable area of such space under the roof, including the area in stairways, halls and enclosing partitions, is equal to or less than 50% of the gross floor area of the floor immediately below, it shall be classed as a half-story in computing the height of a building. HEIGHT OF A BUILDING The vertical distance measured from the level of the finished floor of the first or ground story the average unfinished grade of a tax lot at any point around the perimeter of a building to the highest point of the roof in the case of a flat, curved, or shed roof, FOR DISCUSSION PURPOSES ONLY - 1 -

2 to the deck level of a mansard roof, and to the average distance between the eaves and the ridge for gable, hip, or gambrel roofs. and to the midpoint of the highest gable in the case of a pitched roof. Where there are structures or walls wholly or partly above the roof, the height shall be measured from the level of the foundation to the highest point of the structure or wall. In identifying the highest point of a roof or calculating the average distance between the eave and the ridge, chimneys, antennae, turrets, steeples, and widow's walks shall be excluded, provided that they do not exceed the highest point of the roof by more than six (6) feet and do not represent more than three (3) percent of the total roof area. LOT A designated parcel of land established by a plat or otherwise permitted by law and occupied, or to be occupied, by a principal building or use and the accessory buildings or accessory uses customarily incident thereto, including such open spaces as are required by this chapter. LOT LINE, REAR The lot line which is generally opposite the front lot line. and separates the rear yard of a lot, as defined herein, from the adjacent lot. If the rear lot line is less than 10 feet in length or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a line parallel to the front line, not less than 10 feet long, lying wholly within the lot and farthest from the front lot line. LOT LINE, SIDE The property line or lines extending from the front lot line to the rear lot line. For through lots, the property line or lines not abutting a street. REAR YARD The open, unoccupied space on the same lot with the principal building measured in substantially the manner described in the definition above for front yards. extending from the rear lot line to a line parallel thereto. On interior lots, the rear yard shall extend the full width of the lot to the side lot lines thereof, and on corner lots, the rear yard shall extend from the side front yard, as defined herein, to the opposite side lot line. On corner lots, the rear yard shall be considered that yard opposite the front yard, as defined herein. SIDE YARD The open, unoccupied space on the same lot with the principal building situated between extending from the side lot line of the lot and the side line of the building to a line parallel thereto and extending from the front yard to the rear yard of the lot. On corner lots, the side yard shall be considered that yard opposite the side-front yard, as defined herein. STORY That part of a building between any floor and the floor or roof next above.a space in a building between the upper surface of a finished floor and the upper surface of the finished floor next above. If there is no floor next above, then the space between such floor and the top of the roof where there is a flat roof or the space between such floor and the top of the ceiling beams in the case of any other type of roof. If the finished floor level directly above the basement or cellar is more than seven (7) feet above finished grade at any point, such basement or cellar shall be considered a full story. STREET LINE The dividing line between a street and an abutting lot.a street right-of-way line and any lot line abutting a street right-of-way line. FOR DISCUSSION PURPOSES ONLY - 2 -

3 B. Add the following definitions in (Definitions and word usage) in Chapter 381 (Zoning) of the Larchmont Village code, in alphabetical order. FRONTAGE or FRONTAGE, STREET That part of lot abutting a street. GARAGE, ATTACHED A private garage sharing a common wall with a residential structure or incorporated into the residential structure itself. GARAGE, PRIVATE A structure that is accessory to a residential use which is used or can be used for the parking of vehicles, and which is not used by the general public. LOT, FLAG A lot with the following configuration: a narrow portion wide enough to accommodate a driveway or other access corridor and extending from the street back to an enlarged area at the rear of the lot, with the enlarged area being wide and deep enough to accommodate a permitted use or structure. SIDE-FRONT YARD On a corner lot, that yard which fronts on a street that has not been designated as the front yard. THROUGH LOT An interior lot which abuts two (2) or more streets or which abuts two (2) or more streets that do not intersect at the boundaries of the lot. FOR DISCUSSION PURPOSES ONLY - 3 -

4 C. Amend (Interpretation of required yards) in Chapter 381 (Zoning) of the Larchmont Village code, as follows. A. No lot shall be so reduced in area as to make any yard or court smaller than the minimum required under this chapter or to make any lot area or dimension smaller than required under this chapter. B. No part of a yard, court or other open space provided about around any building or structure for the purpose of complying with the provisions of this chapter shall be included as a part of a yard, court or other open space required under this chapter for another building or structure. C. Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair any of the provisions of this chapter with respect to the existing building, and no permit shall be granted for the erection of a building or structure upon the new lot thus created unless it complies with the provisions for this chapter. D. Yard depth shall be measured by drawing a straight line between the lot line and the exterior wall of the structure, such that the line is perpendicular to the lot line or in the case of the curved lot line is perpendicular to the tangent of the lot line. The depth shall be measured at the narrowest point between the lot line and the exterior wall, not including the projections exempt pursuant to (B) below. E. For one-family residential corner lots, the front yard shall be considered that yard which abuts the street with the narrowest street frontage. The yard abutting the other street shall be considered a side-front yard. The yard opposite the front yard shall be considered the rear yard. The yard opposite the side-front yard shall be considered a side yard. F. For one-family residential through lots, anyeach yard abutting a street shall be considered a front yard. Any other yard shall be considered a side yard. G. Where a one-family residential lot has street frontage on three (3) sides, the front yard shall be considered that yard which abuts the street with the narrowest street frontage. The yard opposite the front yard shall be considered a front yard as well if it abuts a street and a siderear yard if it abuts an adjacent lot. Any other yard abutting a street shall be considered a side-front yard. Any other yard abutting an adjacent lot shall be considered a side yard. FOR DISCUSSION PURPOSES ONLY - 4 -

5 D. Amend (Yards) in Chapter 381 (Zoning) of the Larchmont Village code, as follows. A. In any One-Family Residence District, the depth of a required front yard or side-front yard for a one-family dwelling shall be not more than the average depth of the front yards of the nearest four lots occupied by dwellings on the same side of the street in the same block or the figure stated in the Schedule of Dimensional Regulations (included at the end of this chapter), whichever is less. B. Every yard and court shall be open and unobstructed from its lowest level to the sky except that for a principal structure, the following may project into a yard or court for not to exceed the distances specified below.: In no case shall a projection be permitted to extend into a required yard by a distance of more than thirty (30) percent of the minimum required yard dimension. (1) Sills, belt courses, cornices and ornamental features: four (4) inches, provided that all such projections except sills shall be at least fifteen (15) feet above finished grade. (2) Cornices and eaves: thirty (30) inches. (3) Chimneys: twenty-four (24) inches. (4) Awnings or canopies: thirty-six (36) inches. (5) Bay windows: twenty-four (24) inches, provided that the width of the entire bay window is not more than twenty (20) percent of the width of the entire façade to which it is attached. (6) Unroofed terraces, decks, or patios less than three (3) feet above finished grade and distance at least five (5) feet from every lot line, into a rear yard only. Covered or enclosed porches shall be deemed to be parts of the principal structure. (76) Retaining walls: unlimited. (8) Accessory structures, into a rear yard only. (97) Open stairs: five feet. (2108) Fire escapes: into a side or rear yard only forty-two (42) inches. (3) Steps or terraces, the floors of which are not over three feet above the average grade and distant at least five feet from every lot line may project into a required front or rear yard. Covered or enclosed porches shall be deemed to be parts of the principal structure. (4119) A wall or fence not over five feet high may be erected or permitted within any yard or court in any Residence District, provided that no traffic hazard will be created and subject to the following conditions. (a) No fence referred to in Subsection B(4) above shall be higher than five (5) feet, except that a fence in the front yard shall not exceed four (4) feet in height, with the height of any fence determined from the average of two points three feet either side of the base of the fence, with a berm or any other structure upon which the fence is placed being included in the height of the fence. (b) No wire or cyclone-type fence shall be in the front yard or side yard of a property fronting on abutting a side street unless it is completely screened by evergreen bushes or trees on the outside. FOR DISCUSSION PURPOSES ONLY - 5 -

6 (c) No wooden or stockade type fence shall be erected unless the more finished side (i.e., the facing opposite that on which supports are provided) faces away from the property of the party erecting the fence. C. Size of courts. The width of an enclosed or open court shall equal the height of the highest of the two side walls of such court and shall be not less than 15 feet for open courts and 25 feet for enclosed courts, and the depth of open courts shall not be more than half the width, and the enclosed court not less than the width. D. Required enclosed recreation space in a side or rear yard. (1) In Multifamily Residence Districts, 100 square feet per dwelling unit. (2) In Commercial Districts, 100 square feet per dwelling unit for any multifamily dwelling erected therein. E. Corner lots adjoining Residence Districts. (1) In any Commercial District, the following prohibitions and requirements shall apply to all corner lots abutting upon a side street, the remainder of which within the same block is zoned for residence purposes: (a) Prohibitions. [1] No mortuary or funeral home and no public garage, bowling alley, club, dance hall or other place of assembly or recreation which may emit noise or from which persons may emerge late at night shall be erected on a corner lot abutting such residential street. [2] No business not strictly of a retail character shall be permitted upon such corner lot. [3] No display window or opening, except a fire exit, shall be permitted in the side wall of such building facing on such residential side street. (b) Requirements. Along the side of such corner lot, there shall be a side yard, the width of which shall be not less than 50% of the depth of the required front yard of the adjacent Residence District. F. Land between street and building in Residence Districts. For all Residence Districts, no land between the street and a building shall be less in width than half the minimum required lot width, and no portion of a lot having less than half the minimum required lot width may be counted in determining minimum required lot area. FOR DISCUSSION PURPOSES ONLY - 6 -

7 E. Delete (Tool sheds) in Chapter 381 (Zoning) of the Larchmont Village code in its entirety, and replace it with the following text Accessory structures, including detached garages. A. No accessory structure shall be permitted in a required front yard, side yard, or side-front yard. B. No breezeway, covered porch, porte-cochère, or other roofed structure connecting an accessory structure to the principal structure may be more than twenty (20) feet in length. For the purposes of this provision, any breezeway, porte-cochère, or other roofed structure located generally between a principal and accessory structure shall be deemed to be connecting the two if it lies within two (2) feet of both. If an accessory building is attached to the principal building via a roofed structure, then the accessory building shall be required to meet the yard requirements of the principal building. C. To the extent deemed necessary for the maintenance of privacy or for reducing visual impacts, accessory structures shall be screened along the rear and along the nearest side yard by a reasonable planting of vegetative buffer, which may include year-round evergreens. D. All accessory structures shall be located a minimum distance of ten (10) feet from the principal structure. The measurement shall be made by measuring the minimum clear distance measured between the exterior walls of the two buildings, provided, however, that the roof overhangs may project into the required separation. FOR DISCUSSION PURPOSES ONLY - 7 -

8 F. Delete (Space between main and accessory buildings) in Chapter 381 (Zoning) of the Larchmont Village code in its entirety, and replace it with the following text Attached garages or garages that are part of a principal residential structure. A.An attached garage or a garage that is part of a principal residential structure whose doors face the front or side-front yard shall be setback a minimum of four (4) feet from that part of the exterior wall of the principal structure that is closest to the street frontage, not including any of the appurtenances listed in (B). B.In the W, R-30, R-20, R-15, R-12.5, and R-10 zones, The the number of stories above an attached garage or a garage that is part of a principal residential structure shall not exceed oneand-a-half (1½) stories. The building height of the garage plus any stories above the garage shall not exceed the maximum permitted height. FOR DISCUSSION PURPOSES ONLY - 8 -

9 G. Add the following section to Article VIII (Supplementary Regulations) of Chapter 381 (Zoning) of the Larchmont Village code. Renumber subsequent sections accordingly Building Height and Shape. A. No dormer, measured at its highest point, shall exceed the height of the ridge of the roof to which it is attached. B. Dormers above the second full story of a one-family residence. The exterior width of any individual dormer facing the front, side, or street side-front yard shall not exceed thirty (30) percent of the width of the roof to which it is attached. The width of the roof shall be measured from end to end at the widest or longest point. No dormer facing the front, side, or street front yard shall have an outer side wall less than five (5) feet from edge of the roof. No dormer facing the front, side, or side-front yard shall have an outer side wall located less than five (5) feet from the exterior side wall of the floor beneath. C. Height-Setback Ratio. (1) In the W, R-30, R-20, R-15, R-12.5, and R-10 zones, the maximum height of a onefamily residence in the side and rear yards, measured at the minimum required yard setback, shall not exceed sixteen (16)twenty (20) feet above the unfinished average grade along the facade. Thereafter, the height of such building may be increased by two (2) feet for each additional one (1) foot distance provided from the minimum required yard setback line. (2) In all other zones, the maximum height of a one-family residence in the side and rear yards, measured at the minimum required yard setback, shall not exceed sixteen (16)twenty (20) feet above the unfinished average grade along the facade. Thereafter, the height of such building may be increased by three (3) feet for each additional one (1) foot distance provided from the minimum required yard setback line. (3) However, in no event shall the height of the building exceed the maximum permitted height. D. No wall or roofline shall extend along a single plane across the front or along the side of any one-family residence for a distance exceeding thirty (30) feet unless at least one (1) offset of not less than four (4) feet or two (2) offsets of not less than two (2) feet each shall be provided for each thirty (30) feet of wall or roofline. An offset is a perpendicular change in direction of the wall or roofline, not including the outermost corners. FOR DISCUSSION PURPOSES ONLY - 9 -

10 H. Add the following article to Chapter 381 (Zoning) of the Larchmont Village code. ARTICLE XIII Flag Lots and Lot Frontage Flag Lots and Street Frontage. A. Flag lots, as defined in this chapter, are prohibited in all zones. B. Minimum street frontage. No residential lot shall have a street frontage measuring less than fifty (50) feet, except that lots which front entirely on the outer curve of a curved street shall have a minimum street frontage of forty (40) feet, and further, that lots which front entirely on a cul-de-sac shall have a minimum street frontage of thirty five (35) feet. In addition, no lot shall have a street frontage measuring less than seventy (70) percent of the minimum required lot width. Where another section of this chapter requires a wider street frontage than required herein, that section shall determine the minimum requirement. FOR DISCUSSION PURPOSES ONLY

11 I. Amend the Schedule of Dimensional Regulations in Chapter 381 (Zoning) of the Larchmont Village code, as follows. Village of Larchmont Schedule of Dimensional Regulations DIMENSIONAL REGULATIONS R30 R20 R15 R12.5 R10 R7.5 R5 MF(1) RB(2) RC(2) W Minimum Size of Lot per Family (square feet) Minimum Lot Area 30,000 20,000 15,000 12,500 10,000 7,500 5,000 1,500 1,000 1,000 50,000 Minimum Lot Width NA NA NA 120 Minimum Yard Dimensions (see Article VII) Principal Building Front Yard One Side Yard NA NA 10 Both Side Yards NA(3) NA(3) NA(4) NA(4) NA Side-Front Yard on Side Street 30(5) 30(5) 30(5) 30(5) 30(5) 30(5) 30(5) 15 NA NA 30(5) Rear Yard Accessory Building(6) Setback from Side Lot Line Setback from Rear Lot Line Maximum % of Lot to be Occupied Principal Building Accessory Building Maximum Height Principal Building (Stories) 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2½ 2 2 2½ Principal Building (Feet) NA Accessory Building (Stories) 1½ 1½ 1½ 1½ 1½ 1½ 1½ 1½ 1½ 1½ 1½ Accessory Building (Feet, Sloped Roof) Accessory Building (Feet, Flat Roof) Minimum Size of Residential Bldgs. (square feet of first floor) Story Building 2,100 2,100 1,500 1,500 1,500 1,100 1, NA NA 2,100 1½ Story Building 1,800 1,800 1,200 1,200 1, NA NA 1, ½ Story Building 1,500 1,500 1,000 1,000 1, NA NA 1,500 FOR DISCUSSION PURPOSES ONLY

12 (1) One-family dwellings in the MF District shall comply with the following requirements: 5,000 Square Feet Minimum Lot Area; 50 feet Lot Width; 15 feet Front Yard; 6 feet One Side Yard; 14 feet Both Side Yards; 12 feet Side Front Yard on Side Street; 35 feet Rear Yard; 35% Principal Building Coverage; 8% Accessory Building Coverage; 2½ Story 30 feet Principal Building Height; 13 feet Sloped Roof Accessory Building Height; 10 feet Flat Roof Accessory Building Height; Minimum Building Size 1,000 1 story, 800 1½ Story, to 2½ Story. (2) Multifamily structures in the RB District shall comply with the following requirements: 30 feet Both Side Yards; 15 feet Side Front Yard on Side Street; 40 feet Rear Yard; 35% Principal Building Coverage; 16% Accessory Building Coverage; 2½ Story, 30 feet Principal Building Height; 13 feet Sloped Roof Accessory Building Height; 10 feet Flat Roof Accessory Building Height; Average Livable Area 700 Square Feet Minimum. (3) Eight feet in Block 614, Chatsworth Avenue. (4) Abutting a Residence District: 15 feet on the side abutting the Residence District. (5) In any One-Family Residence District, where the average of the depths of the front yards of the nearest four lots occupied by dwellings on the same side of the street in the same block is less than thirty (30) feet, the side-front yard may be reduced up to the average depth. (6) Accessory buildings are not permitted in the front yard, side yard, or side-front yard of the principal building, pursuant to If an accessory building is attached to the principal building, then the accessory building shall be required to meet the yard requirements of the principal building. FOR DISCUSSION PURPOSES ONLY