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JANUARY 19, 2021
ADOPTED
VILLAGE OF PORT CHESTER, NEW YORK
CHAPTER 345, ZONING CODE
I
©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
TABLE OF
CONTENTS
PREAMBLE
ARTICLE 1: GENERAL
1 - WHAT IS A CHARACTER-BASED ZONING CODE?							 P2
2 - CHARACTER DISTRICTS: THE FRAMEWORK FOR THE PORT CHESTER ZONING CODE		 P2
3 - CREATING A SOLID FOUNDATION FOR THE CODE							 P3
4 - PLAN THE PORT VILLAGE ZONING CODE REVISION PROJECT					 P3
5 - THE PORT CHESTER CHARACTER DISTRICTS							 P4
6 - ORGANIZATION OF THE VILLAGE ZONING CODE							 P6
SECTION 345.101 EFFECTIVE DATE. 									3
SECTION 345.102 SHORT TITLE.										3
SECTION 345.103 AUTHORITY. 										3
SECTION 345.104 COMPREHENSIVE ZONING PLAN. 							 3
SECTION 345.105 PURPOSES, INTENT & OBJECTIVES.							 3
A. General. 													3
B. Other Purposes & Objectives. 										5
SECTION 345.106 APPLICABILITY. 									6
A. General. 													6
B. Supersession. 												6
C. Exclusive & Mandatory. 											6
SECTION 345.107 PLANS UNDER THIS CHAPTER. 							 6
A. Building & Lot Plans. 											6
B. Site Plans. 													6
C. Development Parcel Plans. 										6
D. Zoning Map. 												7
E. Sign Plans. 												7
SECTION 345.108 RELATIONSHIP TO PRIVATE COVENANTS & AGREEMENTS. 			 7
A. Effect of Chapter. 												7
B. No Encroachment. 											7
II VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
SECTION 345.109 RELATIONSHIP TO OTHER LAWS, ETC. 						 7
A. Precedence of Chapter. 											7
B. Effect of Other Laws. 											7
C. Effect of Non-Conflicting Provisions.									8
D. Compliance with Other Legal Requirements. 								8
E. Compliance with Other Chapters. 									8
SECTION 345.110. COMPLIANCE WITH CHAPTER. 							8
SECTION 345.111. DEVELOPMENT RESTRICTED WITHIN CERTAIN AREAS. 				 8
SECTION 345.112. RESTORATIONS & REPAIRS. 								8
SECTION 345.113. DEFINED TERMS; CONSTRUCTION OF TERMS. 					 9
SECTION 345.114. TABLES, MAPS, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, FIGURES,
GRAPHICS, DIAGRAMS & DEPICTIONS.						 			9
A. Table & Map Standards / Requirements. 									9
B. Effect of Graphical Material.										9
C. Conflict Between Metrics.											9
SECTION 345.115. PREPARATION & ADOPTION OF ZONING MAP.					 9
A. Conformance with Article 2 (Zoning Map).								9
B. Preparation.												10
SECTION 345.116. DETERMINATION OF STANDARDS.							10
SECTION 345.117. ADMINISTRATION.									10
SECTION 345.118. APPLICATIONS.										10
A. Building & Lot Plans.											10
B. Site Plans.													10
C. Development Parcel Plans.										10
D. Special Exception Uses.											11
E. Zoning Text Amendments & Zoning Map Changes.							 11
F. Sign Plans.													11
G. Building Permits.												11
SECTION 345.119. WAIVERS.										12
SECTION 345.120. APPEALS & VARIANCES.								12
A. Appeals.													12
B. Variances.													12
SECTION 345.121. VIOLATIONS & PENALTIES; ENFORCEMENT.						 12
SECTION 345.122. VALIDITY OF PERMITS ISSUED PRIOR TO EFFECTIVE DATE.			 12
A. No Change Required.											12
B. Revocation of Building Permit.										12
SECTION 345.123. TRANSITION RULES.									12
A. Pending Applications.											13
B. Approved Projects.											13
SECTION 345.124. AMENDMENT.										13
SECTION 345.125. SEPARABILITY.										13
III
©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
ARTICLE 2: ZONING MAP
SECTION 345.201. ZONING MAP. 										17
A. Establishment of Districts. 										17
B. Designations on Zoning Map. 										17
C. Incorporation into Chapter. 										17
D. Maintenance of Zoning Map. 										17
E. District Boundaries. 											17
F. Adoption by Board of Trustees.										18
SECTION 345.202. SPECIAL REQUIREMENTS. 								18
A. Designation on Zoning Map. 										18
B. Effect of Designation. 											18
SECTION 345.203. CHANGES TO ZONING MAP. 								19
SECTION 345.204. ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS. 			 19
A. Character Districts. 											19
B. Civic Districts. 												20
C. Special Districts												20
ARTICLE 3: ZONING DISTRICTS & CIVIC ZONES
SECTION 345.301. GENERAL. 										23
A. Applicability. 												23
B. Compliance. 												23
SECTION 345.302. CHARACTER DISTRICT DEFINED. 							 23
SECTION 345.303. SPECIAL DISTRICTS. 									23
A. Defined. 													23
B. Effect of Special District Designation. 									23
C. Limitation on Future CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU & SD-PRD Zoning. 			 23
SECTION 345.304. CIVIC DISTRICT DEFINED. 								23
SECTION 345.305. CHARACTER DISTRICT & SPECIAL DISTRICT DESCRIPTIONS.			 23
SECTION 345.306. CIVIC DISTRICT DESCRIPTION. 							23
SECTION 345.307. ESTABLISHMENT OF DISTRICTS. 							24
A. Districts. 													24
SECTION 345.308. ESTABLISHMENT OF ADDITIONAL DISTRICTS. 					 27
A. Board of Trustees Approval. 										27
B. Map Amendment. 											27
SECTION 345.309. ELEMENTS & STANDARDS. 								27
SECTION 345.310. ADDITIONAL REQUIREMENTS. 							27
IV VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
ARTICLE 4: BUILDING & LOT PLANS; BUILDING & LOT STANDARDS
SECTION 345.401. GENERAL.										31
SECTION 345.402. BUILDING & LOT PLANS. 								31
A. Plan Required.												31
B. Preparation and Requirements.										31
C. Plan Submission. 												31
D. Action on Plan.												31
SECTION 345.403. PREPARATION.										31
SECTION 345.404. PLAN REQUIREMENTS. 								31
A. Compliance. 												31
B. Contents.													31
SECTION 345.405. BUILDING & LOT STANDARDS.							32
A. District Buildings & Lots. 											32
CD-3 Neighborhood Character District.									34
CD-3.R20 R20 One-Family Residence Character District. 						 42
CD-3.R7 R7 One-Family Residence Character District.							50
CD-3.R5 R5 One-Family Residence Character District.							58
CD-4 General Urban Character District.									66
CD-5 Urban Center Character District.									76
CD-5W Urban Center - Waterfront Character District.							 86
CD-6 Urban Core Character
Planned Residential Special District.								
Planned Mixed-Use Special District.								
Civic District Buildings & Lots. 										
Civic District.												
Building Placement & Number. 										
Building Facades. 												
F. Fences & Walls.												
H. Building & Ceiling Height; Floor Finish Elevation.								
I. Roof Type & Pitch.												
J. Building T
K. Uses.
L. Encroachments.												
M. Screens. Streetscreens & Buffers.
N. Vehicular Parking. 												
O. Bicycle Parking. 												
District. 96
B. CV 136
C. Lots. 144
D. 146
E. 147
148
G. Private Frontage; Building Form & Building Type; Floor Elevation. 148
161
161
134
SD-PMU 126
CD-6T U
SD-PRD 116
ypes. 162
181
206
206
207
216
rban Core TOD Character District 106
V
©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
P. Loading Space. 												
Q. Trash R
R. Private Lot Landscape
S. Private Lighting
T. Signage.													
U. Affordable Affirmatively Furthering Fair Housing Units.							
V. Green Building & Infrastructure.										
W. Wireless Telecommunications Facilities									
ARTICLE 5: DEVELOPMENT PARCEL PLANS & STANDARDS
A. Definition of Development Parcel.
B. Development Parcel Plans.
SECTION 345.502. THOROUGHFARES. 									
A. General. 													
B. Thoroughfare Standards. 											
C. Public Frontages. 												
D. Bicycle Accommodations.
E. Public Lighting. 												
F. Public Planting. 												
SECTION 345.503. BLOCK PERIMETER. 									
SECTION 345.504. CIVIC DISTRICTS.
B. Civic Spaces - Design. 											
C. Civic Spaces Required. 											
E. Civic Buildings Required.
F. Civic Building Standards. 											
SECTION 345.505. CHARACTER DISTRICTS.
SECTION 345.506. SPECIAL DISTRICTS. 									
A. Purpose of Special Districts.
B. Not to be Used to Avoid Compliance. 									
C. Assignment of Special Districts. 										
SECTION 345.507. SPECIAL REQUIREMENTS. 								
217
eceptacles. 217
Standards. 218
223
223
227
227
SECTION 345.501. DEVELOPMENT PARCEL STANDARDS. 243
243
243
245
245
245
255
257
261
261
263
263
A. Civic Space Requirement; Civic District Designation. 263
263
270
D. Civic Spaces in or Adjacent to Special Districts. 270
270
270
270
270
G. Maintenance of Civic Buildings & Civic Space. 270
270
271
271
271
Standards / Illumination Standards in All Districts. 220
VI VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
ARTICLE 6: SUPPLEMENTAL STANDARDS
SECTION 345.601. GENERAL.
SECTION 345.602. SITE GRADING.
A. Design. 													
B. Areas Adjacent to Buildings.
C. Unoccupied Site Areas. 											
SECTION 345.603. SITE DRAINAGE.
A. Drainage Design & Exposure to Flood Hazards.								
B. Primary Storm Sewer.
C. Secondary Drains.
D. Professional Design.
SECTION 345.604. SEWAGE SYSTEM. 									
SECTION 345.605. UTILITIES.
SECTION 345.606. TRAFFIC CIRCULATION.
A. Applicability.
B. Streetscape Repairs, Replacements & Improvements.							
ARTICLE 7: SIGN STANDARDS
SECTION 345.701 SIGN ST
A. Purpose.													
B. Compliance.
C. Permit Required.												
D. Violation, Enforcement, &
E. Allowed
F. Address
G. Temporary Signs.												
H. General Provisions Applicable to All Non-Exempt Signs.							
I. Electronic Message
J. Exempt
K. Sign Area Computation.											
L. Responsibility for Signs											
M. Non-Conforming Signs.											
275
275
275
275
275
276
276
277
277
277
277
277
277
SECTION 345.607. FACILITIES FOR PERSONS WITH DISABILITIES. 277
SECTION 345.608. PRESERVATION OF NATURAL FEATURES. 278
SECTION 345.609. STREETSCAPE REPAIRS, REPLACEMENTS & IMPROVEMENTS. 278
278
278
ANDARDS. 283
283
283
283
Appeal. 283
Signs. 284
Signs. 284
284
284
Boards. 287
Signs. 287
287
288
288
N. Signage in Shopping Centers 288
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©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
ARTICLE 8: ADMINISTRATION, PROCEDURE & ENFORCEMENT
SECTION 345.801. PURPOSE & INTENT.									
SECTION 345.802. ADMINISTRATION.
A. Authorization of Zoning Administrator. 									
B. Reserved.													
SECTION 345.803. DECISION-MAKING AUTHORITIES. 							
A. General.													
B. Board of Trustees.												
C. Planning Commission. 											
E. Zoning Board of Appeals.											
SECTION 345.804. REFERRAL BODIES.				
A. General.		
B. Development Review
C. Architectural Review
D. Traffic Commission.
E. Waterfront Commission. 											
A. Types of Applications & Development Reviews.								
B. Exemptions from Development Review .									
C. Categorization & Pr
D. Development Review Procedures.
E. Coordination of Approvals.
F. Building & Lot
G. Site Plans.													
H. Development Parcel Plans.
I. Special Exception Use.											
J. Other Approvals.												
SECTION 345.806. APPEALS AND VARIANCES.								
A. Statement of P
B. A
C. Jurisdiction of the Zoning Board of
E. Review Standard.												
G. Imposition of Conditions.											
H. Rehearing.													
311
311
311
312
312
312
312
313
D. Planning & Economic Development Zoning Administrator. 313
313
313
313
Committee. 313
Board. 314
314
314
SECTION 345.805. APPLICATIONS & DEVELOPMENT REVIEW PROCEDURES. 314
314
315
e-Application. 315
315
315
Plans. 316
318
323
327
330
330
olicy. 330
uthorization. 331
Appeals. 331
D. Procedures. 331
331
F. Decision Making by the Zoning Board of Appeals; Variances. 332
333
333
VIII VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
A. General.													
B. Zoning Text Amendment.											
C. Zoning Map
SECTION 345.808. PUBLIC NOTICE REQUIREMENTS. 							
A. Intent & Purpose.												
B. Summary of Notice R
C. Published Notice.												
D. Mailed No
E. Posted No
F. Notice Defects.												
G. Additional Notification.											
H. Modification to Public Notice R
SECTION 345.809. SIGN PERMITS.		
A. Sign Permit R
B.
C. Application R
E. Issuance of Sign Permit.											
A. Building Permits.												
B. Certificates of
SECTION 345.811. MAINTENANCE OF
A. Maintenance of Required
B. Performance
C. Maintenance Bond / Declaration.										
D. Prior Approvals.												
SECTION 345.812. COMPLIANCE RE
A. Conditions of
C. Revocation of Approvals.											
A.
B. Inspection.													
C. Notice of Violation and Order to Abate.									
D. Abatement of Violations.											
E. Penalties.													
F. Court
G. Other Remedies.												
H. Remedies Not Exclusive.											
SECTION 345.807. PROCEDURES FOR ZONING TEXT AMENDMENT OR ZONING MAP CHANGE. 334
334
334
Change. 336
338
338
equired. 338
338
tice. 339
tice. 339
340
340
equirements. 340
341
equired. 341
Applications. 341
equirements. 341
D. Review by Planning & Economic Development Zoning Administrator; Certificate of Compliance. 341
341
F. Location of Signs within a Site Plan or Development Parcel Plan Application. 341
SECTION 345.810. BUILDING PERMITS & CERTIFICATES OF OCCUPANCY. 341
341
Occupancy. 342
APPROVAL. 342
Improvements. 342
Bonding. 342
342
342
QUIRED. 343
Compliance. 343
B. Effect of Mistaken Action Taken or Action Taken in Violation of Chapter. 343
343
SECTION 345.813. VIOLATIONS AND PENALTIES; ENFORCEMENT. 343
Accountability. 343
343
343
344
344
Action. 344
345
345
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©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
SECTION 345.901. NONCONFORMITIES. 									
A. General.					
B. No Change in Nonconforming Use of
C. Cessation of Nonconforming Use of
D. Nonconforming Use.		
E. Nonconforming Structures.
F. Nonconforming Lots.
G. Nonconforming Signs. 											
H. Nonconforming Security Grills. 										
ARTICLE 9: NONCONFORMITIES
ARTICLE 10: DEFINITIONS
SECTION 345.1001. WORD USAGE.										
A. Tense & Number. 												
B. Must; Shall.
C. Use.
SECTION 345.1002. TERMS.
A. Capitalized Terms.
B. Undefined Terms. 												
SECTION 345.1003. DEFINED TERMS.
SECTION 345.814. PROFESSIONAL EXPENSES.								
A. Purposes.													
B. Professional Consultant Review Fees.									
C. Escrow Accounts.												
345
345
345
346
D. New York State Environmental Quality Review Act (SEQRA). 347
351
351
Land. 351
Land. 351
351
352
352
353
354
I. Alternate Method of Legal Nonconforming Use and/or Legal Nonconforming Building or Structure. 354
359
359
359
359
359
359
359
359
X VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
TABLE OF
TABLES & ILLUSTRATIONS
ARTICLE 2: ZONING MAP
SECTION 345.204 ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS.
Table 345.204 Assignment of Character Districts for Development Parcels > 3 acres 19
ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS
SECTION 345.307 ESTABLISHMENT OF DISTRICTS.
Table 345.307.A-1 District Descriptions - Summary						 25
ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS
SECTION 345.405 BUILDING & LOT STANDARDS.
Table 345.405.A-1 CD-3 Neighborhood Character District					 34
Table 345.405.A-2 CD-3.R20 R20 One-Family Residence Character District			 42
Table 345.405.A-3 CD-3.R7 R7 One-Family Residence Character District			 50
Table 345.405.A-4 CD-3.R5 R5 One-Family Residence Character District			 58
Table 345.405.A-5 CD-4 General Urban Character District					 66
Table 345.405.A-6 CD-5 Urban Center Character District					 76
Table 345.405.A-7 CD-5W Urban Center - Waterfront Character District			 86
Table 345.405.A-8 CD-6 Urban Core Character District						 96
Illustration 345.405.C-1 Lot Layers 									
Illustration 345.405.C-2 Sight T
Illustration 345.405.D-1 Setback Designations
Illustration 345.405.D-2 Principal Building / Accessory Building					
Table 345.405.G-1 Private Frontage Types 								
Illustration 345.405.I-1 Roof Types									
Table 345.405.A-9 CD-6T Urban Core TOD Character District 106
Table 345.405.A-10 SD-PRD Planned Residential Character District 116
Table 345.405.A-11 SD-PMU Planned Mixed-Use Character District 126
Table 345.405.B CV Civic District Standards 136
144
riangle 145
146
146
150
Illustration 345.405.G-2 Frontage and Lot Lines 161
161
XI
©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
Illustration 345.405.I-2 Roof Pitch 									
Illustration 345.405.K-4
Illustration 345.405.M Buffer 										
Table 345.405.N-2 Shared Parking Factor								
Table 345.405.P-1 Loading Space Requirement 							
Table 345.405.S-2 Private Lighting Types 								
ARTICLE 5: DEVELOPMENT PARCEL PLANS & STANDARDS
SECTION 345.501 DEVELOPMENT PARCEL STANDARDS.
Illustration 345.501.B-2 Linear Pedestrian Shed 							
SECTION 345.502 THOROUGHFARES.
Illustration 345.502.A Thoroughfares
Illustration 345.502.B-3 Turning Radius
Illustration 345.502.C-1 Public Frontage 								
Table 345.502.D Bikeway Types
Table 345.502.E Public Lighting
Table 345.502.F Public Planting
SECTION 345.503 BLOCK PERIMETER.
Table 345.503 Block Perimeter Standards 								
SECTION 345.504 CIVIC ZONES.
161
Table 345.405.J-1 Principal Building Types - Summary 164
Table 345.405.J-2 Principal Building Types – Specific Standards 166
Table 345.405.K-1 Building & Lot Principal Uses 182
Table 345.405.K-2 Building & Lot Accessory Uses 188
Table 345.405.K-3 Building & Lot Temporary Uses 190
Drive-Through 193
207
Table 345.405.N-1 Vehicular Parking Requirements 208
212
Table 345.405.N-3 Off-Street Vehicular Parking Space Dimensions 213
Table 345.405.N-4 Off-Street Compact Vehicle Parking Space Dimensions 214
217
Table 345.405.S-1 Private Lighting Standards 220
221
Table 345.405.U-1 Minimum Size of Affordable AFFH Units 224
Table 345.405.U-2 Occupancy Schedule for Affordable AFFH Units 225
Illustration 345.501.B-1 Standard Pedestrian Shed 244
244
245
Table 345.502.B-1 Thoroughfare Types – Summary 247
Table 345.502.B-2 Thoroughfare Assemblies and Standards 249
255
255
258
261
262
263
Table 345.504.B-1 Civic Space Types - Summary 264
XII VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
ARTICLE 7: SIGN STANDARDS
SECTION 345.701 SIGN STANDARDS.
Illustration 345.701 Sign
Table 345.701.A Sign Types -
ARTICLE 8: ADMINISTRATION, PROCEDURE, & ENFORCEMENT
SECTION 345.808 PUBLIC NOTICE REQUIREMENTS.
Table 345.808 Public Notice R
SECTION 345.814 PUBLIC NOTICE REQUIREMENTS.
Table 345.814 Application Escrows									
ARTICLE 10: DEFINITIONS
SECTION 345.1003 DEFINED TERMS.
Illustration 345.1003.A-1 Accessory Building
Illustration 345.1003.A-2 Alley
Illustration 345.1003.A-3 Attic
Illustration 345.1003.B-2 Block
Illustration 345.1003.C-1 Cellar
Illustration 345.1003.C-2 Configuration
Illustration 345.1003.C-3 Corner Lot
Illustration 345.1003.C-4 Curb Radius
Illustration 345.1003.E-1 Elevation 									
Illustration 345.1003.F-1 Facade
Illustration 345.1003.F-2 Facade Void Areas
Illustration 345.1003.F-3 Finished Grade 								
Illustration 345.1003.F-5 Frontages and Lot Lines 							
Illustration 345.1003.F-6 Front Yard 									
Illustration 345.1003.H-1 Height - Building								
Illustration 345.1003.I-1 Interior Lot 									
Illustration 345.1003.L-1 Linear Pedestrian Shed 							
Illustration 345.1003.L-2 Liner Building
Table 345.504.B-2 Civic Space - Specific Standards 266
Setback 286
Summary 289
Table 345.701.B Sign Types - Specific Standards 292
equirements 338
346
359
360
361
363
364
365
367
368
370
371
371
372
Illustration 345.1003.F-4 Principal Frontage & Secondary Frontage 373
373
374
375
377
378
379
XIII
©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
Illustration 345.1003.L-3 Loading Area
Illustration 345.1003.L-4 Lot 										
Illustration 345.1003.L-5 Lot Layers 									
Illustration 345.1003.L-6 Lot Line 									
Illustration 345.1003.P-1 Passage 									
Illustration 345.1003.P-2 Pedestrian Sheds
Illustration 345.1003.P-3 Principal Building 								
Illustration 345.1003.P-4 Principal Frontage
Illustration 345.1003.P-5 Private Frontage 								
Illustration 345.1003.P-6 Public Frontage 								
Illustration 345.1003.R-1 Rear Lot
Illustration 345.1003.R-2 Rear Yard 									
Illustration 345.1003.S-1 Secondary Frontage
Illustration 345.1003.S-2 Setbacks 									
Illustration 345.1003.S-3 Side Lot
Illustration 345.1003.S-4 Side Yard 									
Illustration 345.1003.S-5 Sidewalk 									
Illustration 345.1003.S-7 Story
Illustration 345.1003.T-1 Terminated Vista 								
Illustration 345.1003.T-2 Thoroughfare
Illustration 345.1003.V-1 Vehicular Lane
Illustration 345.1003.Y-1 Yard 										
Illustration 345.1003.Y-2 Yield
379
380
380
381
385
386
388
388
388
389
Line 389
390
392
392
Line 393
393
394
Illustration 345.1003.S-6 Standard Pedestrian Shed 395
395
397
398
400
401
401
XIV VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
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P1
©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE
PREAMBLE
PREAMBLE
PREAMBLE
1 - WHAT IS A CHARACTER-BASED ZONING CODE?							 P2
2 - CHARACTER DISTRICTS: THE FRAMEWORK FOR THE PORT CHESTER ZONING CODE		 P2
3 - CREATING A SOLID FOUNDATION FOR THE CODE							 P3
4 - PLAN THE PORT VILLAGE ZONING CODE REVISION PROJECT					 P3
5 - THE PORT CHESTER CHARACTER DISTRICTS							 P4
6 - ORGANIZATION OF THE VILLAGE ZONING CODE							 P6
PREAMBLE
P2 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
1 - WHAT IS A CHARACTER-BASED
ZONING CODE?
Character-based coding represents a change in the
way that the built environment is regulated. This shift
is necessary because the conventional, use-based
approach to zoning has been shown to be ineffective
for regulating diverse, urban, mixed-use environments.
Port Chester is using character-based regulation to help
achieve the overarching goal of the Village of Port Chester
Comprehensive Plan to create a vibrant Village that is
welcoming to all.
Character-based codes foster predictable built results
and a high-quality public realm. Unlike conventional land
regulation, character-based codes use the intended form
and character of a place as the organizing principle, or
framework, of the code, rather than focusing predominantly
on use.
Character-based ordinances regulate a series of important
elements to create a high-quality place. Those elements
include:
At the Building & Lot scale, standards covering:
• Lots
• Building Placement & Number
• Building Facades
• Fences & Walls
• Private Frontage
• Building Form
• Building Type
• Use
• Encroachments
• Screens, Streetscreens & Buffers
• Vehicular Parking
• Bicycle Parking
• Loading Space
• Trash Receptacles
• Private Lot Landscape
• Private Lighting
• Signs
For Development Parcels, standards covering:
• Thoroughfares
• Public Frontage
• Bicycle Accommodations
• Public Lighting
• Public Planting
• Blocks
• Civic Space
It is also important to note that while character-based
regulation emphasizes an intended physical form and
character of a place, it also regulates use. Character-
based codes often allow a range of uses that are carefully
chosen to maximize compatibility between uses and the
intended physical form of the area.
2 - CHARACTER DISTRICTS: THE
FRAMEWORK FOR THE PORT CHESTER
ZONING CODE
The Port Chester Zoning Code uses Character Districts
that range from primarily single family residential areas to
areas that are more urban. The designation of each district
is determined first by the character and form, intensity of
development, and type of place, and then by the mix of
uses within the area.
These Character Districts are used to reinforce existing
walkable mixed-use environments or to create new ones.
NOTE: THIS PREAMBLE IS PROVIDED FOR INFORMATION ONLY AND DOES NOT CONSTITUTE PART OF THE PORT
CHESTER ZONING CODE
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3 - CREATING A SOLID FOUNDATION
FOR THE CODE
The Village adopted its Comprehensive Plan in 2012.
Among the goals established by the Plan are the following:
• Maintain & Enhance Residential Neighborhoods;
• Revitalize Commercial Areas & Waterfront;
• Strengthen Industrial Areas;
• Improve Transportation & Infrastructure 		
Facilities; and
• Improve Opportunities for New Development
The Plan established several Planning Intensity Areas,
including:
• Neighborhood Protection & Enhancement
Zones;
• Limited Intensity Planning Zones; and
• Higher Intensity Planning Zones
The Higher Intensity Planning Zones include the Abendroth
Avenue / South Main Street Area, the Downtown Train
Station Area, and the Central Waterfront.
The Limited Intensity Planning Zones include the Kohl’s
Shopping Center, the former United Hospital site, the
Purdy Avenue area, and the Fox Island area.
The Neighborhood Protection & Enhancement Zones
include all parts of the Village not included in one of the
Intensity Planning Zones, and include the single family
residential neighborhoods of the Village.
The Plan makes recommendations for the modification of
existing and creation of new zoning districts to address the
changing built environment and needs of the community.
Recognizing that use-based development regulations
could not adequately address goals of the Comprehensive
Plan or ensure that its vision could be accomplished, the
Village initiated a Village Zoning Code Revision Project to
revise the Village’s zoning ordinance to focus not only on
use, bulk, and intensity of development, but also character,
form, and design.
4 - PLAN THE PORT: VILLAGE ZONING
CODE REVISION PROJECT
Plan the Port included an analysis of the character of the
Village and its development patterns. Input was received
from Village staff, residents, elected officials, property
owners, neighborhood representatives, local professionals,
developers, organizations and other interested parties.
A planning and coding charette and workshops were
conducted, during which the community was engaged,
ideas and goals were discussed and implementation
strategies were developed. These discussions included
alternatives for street design and connectivity and
planning strategies for the Village’s centers, corridors, and
neighborhoods.
The Village’s existing zoning regulations were analyzed and
recommendations were made regarding which parts should
remain and be modified, which parts should be removed,
and where improvement could be made by inserting new
provisions.
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Inspirational illustrative plans were developed for specific
parts of the Village’s Planning Intensity Areas -- the
Downtown Waterfront, the Lower Waterfront, Boston
Post Road, the Train Station, King Street, Fox Island, and
Gateway Park. Those Plans and initial coding ideas were
presented to the public for feedback.
Drafts of the revised zoning code were made available to
the public. In addition, a New York State Environmental
Quality Review Act (SEQRA) Generic Environmental Impact
Statement (GEIS) was prepared, analyzing the potential
impacts of the revised Zoning Code and proposed
mitigation.
5 - THE PORT CHESTER CHARACTER
DISTRICTS
As part of the creation of the Village Zoning Code, the team
built upon the work of the Village in defining and refining the
Village Character Districts. The various elements of urban
form were documented for the various areas of the Village
to extract the Port Chester-specific “DNA” for each area.
Districts, two (2) Special Districts, and a Civic District, as
follows:
CD-3: Neighborhood Character District
This District is for new and redeveloped primarily low
density single-family detached residential development. It
has medium to deep front Setbacks and medium to wide
side Setbacks. Its Thoroughfares have curbs and may
include Sidewalks and/or street trees, and form medium
to large blocks.
CD-3.R20: R20 One-Family Residence
Character District
This District is assigned to existing predominantly detached
single-family residential areas having minimum lot sizes of
20,000 square feet.
CD-3.R7: R7 One-Family Residence Character
District
This District is assigned to existing predominantly detached
single-family residential areas having minimum lot sizes of
7,000 square feet.
CD-3.R5: R5 One-Family Residence
Character District
This District is assigned to existing predominantly detached
single-family residential areas having minimum lot sizes of
5,000 square feet.
The revised Zoning Code contains nine (9) Character
setbacks.
wide sidewalks, with narrow or no front setback and no side
are defined by thoroughfares with curbs, street trees, and
wide variety of uses, located near and with connections
This District has the highest density and heights, with a
CD-6T: Urban Core TOD Character District
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CD-4: General Urban Character District
The General Urban Character District is a medium
density district having a mix of building types and primarily
residential, retail / personal service / artisan, office, lodging
and civic uses. It has medium, narrow or no front Setbacks
and narrow to medium side Setbacks; it has variable
private landscaping; and it has Thoroughfares with curbs,
Sidewalks and trees that define medium-sized blocks.
CD-5: Urban Center Character District
The Urban Center Character District is a higher density
mixed use district. It has a tight network of thoroughfares
with wide sidewalks, street lights and regular tree spacing,
defining medium-sized blocks. Buildings are set close to
the sidewalk.
CD-5W: Urban Center-Waterfront Character
District
The CD-5W Character District is a higher density mixed
use district near the waterfront, which includes water-
dependent uses. It has a tight network of streets with wide
Sidewalks, street lights and regular tree spacing, defining
medium-sized blocks. Buildings are set close to the
sidewalk.
CD-6: Urban Core Character District
This District has higher density and heights, with a wide
variety of uses, located near and with connections and
access to public transit. This District may be adjacent to
Civic Districts with significant Civic Spaces and important
Civic Buildings. Its blocks are defined by thoroughfares
with curbs, street trees, and wide sidewalks, with narrow or
no front setback and no side setbacks.
SD-PRD: Planned Residential Special District
The PRD Special District is assigned to most of the existing
PRD zones.
SD-PMU: Planned Mixed Use Special District
This Special District is designated for the former United
Hospital site and an adjacent parcel.
CV: Civic District
The Civic District is assigned to areas having a civic purpose,
including certain governmental and non-profit uses. The
development regulations for each of the Districts have
been carefully considered in relation to their context.
and access to the Port Chester train station Its blocks
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P6 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
PREAMBLE ARTICLE 1: GENERAL ARTICLE 2: ZONING
MAP
ARTICLE 3: ZONING
DISTRICTS AND CIVIC
ZONES
ARTICLE 6:
SUPPLEMENTAL
STANDARDS
ARTICLE 4: BUILDING
AND LOT PLANS &
STANDARDS
ARTICLE 7: SIGN
STANDARDS
ARTICLE 5:
DEVELOPMENT PARCEL
PLANS & STANDARDS
ARTICLE 8:
ADMINISTRATION,
PROCEDURE, &
ENFORCEMENT
Introduction and overview of the Port
Chester Revised Zoning Code. This text is not
regulatory.
Establishes the zoning districts and civic
zones for the Village.
Establishes standards that apply to multiple
districts for topics such as grading, drainage,
sewage, utilities, traffic circulation, ADA
facilities, preservation of natural features, and
streetscape improvements.
Provisions of general applicability.
Establishes Building and Lot - scale standards.
Provides standards for signage.
Provides requirements for the Village zoning
map.
Establishes standards applicable to
Development Parcels.
Covers administrative, procedural, and
enforcement of, and applications under, the
Code.
Provides definitions for certain terms used
throughout the Code.
ARTICLE 10:
DEFINITIONS
ARTICLE 9:
NONCONFORMITIES
Provisions for Uses, Buildings, Structures, Lots,
security grills, and Signs that do not conform
to the standards of the Zoning Code.
Establishes standards applicable to
Development Parcels.
The following provides a brief overview of the organization of the Village Zoning Code.
6 - ORGANIZATION OF THE VILLAGE
ZONING CODE
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ARTICLE 1:
GENERAL
SECTION 345.101 EFFECTIVE DATE. 									3
SECTION 345.102 SHORT TITLE.										3
SECTION 345.103 AUTHORITY. 										3
SECTION 345.104 COMPREHENSIVE ZONING PLAN. 							 3
SECTION 345.105 PURPOSES, INTENT & OBJECTIVES.							 3
A. General. 													3
B. Other Purposes & Objectives. 										5
SECTION 345.106 APPLICABILITY. 									6
A. General. 													6
B. Supersession. 												6
C. Exclusive & Mandatory. 											6
SECTION 345.107 PLANS UNDER THIS CHAPTER. 							 6
A. Building & Lot Plans. 											6
B. Site Plans. 													6
C. Development Parcel Plans. 										6
D. Zoning Map. 												7
E. Sign Plans. 												7
SECTION 345.108 RELATIONSHIP TO PRIVATE COVENANTS & AGREEMENTS. 			 7
A. Effect of Chapter. 												7
B. No Encroachment. 											7
SECTION 345.109 RELATIONSHIP TO OTHER LAWS, ETC. 						 7
A. Precedence of Chapter. 											7
B. Effect of Other Laws. 											7
C. Effect of Non-Conflicting Provisions.									8
D. Compliance with Other Legal Requirements. 								8
E. Compliance with Other Chapters. 									8
SECTION 345.110. COMPLIANCE WITH CHAPTER. 							8
SECTION 345.111. DEVELOPMENT RESTRICTED WITHIN CERTAIN AREAS. 				 8
SECTION 345.112. RESTORATIONS & REPAIRS. 								8
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SECTION 345.113. DEFINED TERMS; CONSTRUCTION OF TERMS. 					 9
SECTION 345.114. TABLES, MAPS, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, FIGURES,
GRAPHICS, DIAGRAMS & DEPICTIONS.						 			9
A. Table & Map Standards / Requirements. 									9
B. Effect of Graphical Material.										9
C. Conflict Between Metrics.											9
SECTION 345.115. PREPARATION & ADOPTION OF ZONING MAP.					 9
A. Conformance with Article 2 (Zoning Map).								9
B. Preparation.												10
SECTION 345.116. DETERMINATION OF STANDARDS.							10
SECTION 345.117. ADMINISTRATION.									10
SECTION 345.118. APPLICATIONS.										10
A. Building & Lot Plans.											10
B. Site Plans.													10
C. Development Parcel Plans.										10
D. Special Exception Uses.											11
E. Zoning Text Amendments & Zoning Map Changes.							 11
F. Sign Plans.													11
G. Building Permits.												11
SECTION 345.119. WAIVERS.										12
SECTION 345.120. APPEALS & VARIANCES.								12
A. Appeals.													12
B. Variances.													12
SECTION 345.121. VIOLATIONS & PENALTIES; ENFORCEMENT.						 12
SECTION 345.122. VALIDITY OF PERMITS ISSUED PRIOR TO EFFECTIVE DATE.			 12
A. No Change Required.											12
B. Revocation of Building Permit.										12
SECTION 345.123. TRANSITION RULES.									12
A. Pending Applications.											13
B. Approved Projects.											13
SECTION 345.124. AMENDMENT.										13
SECTION 345.125. SEPARABILITY.										13
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SECTION 345.101
EFFECTIVE DATE.
The Effective Date of this Chapter shall be ten (10)
days after posting and publication pursuant to Section
345.807.B.6 and thirty (30) days after filing of same with the
New York State Secretary of State.
SECTION 345.102
SHORT TITLE.
This Chapter, as the same may be amended from time to
time, shall be known and may be cited as the “Port Chester
Zoning Code.” This Chapter is referred to herein as “this
Chapter” or “these Regulations”.
SECTION 345.103
AUTHORITY.
This Chapter has been adopted pursuant to Article VII,
Sections 7-700 and 7-704 of the Village Law of the State
of New York.
SECTION 345.104
COMPREHENSIVE ZONING PLAN.
By action of the Village Board of Trustees, the Village has
adopted the Village Comprehensive Plan (2012), which
together with this Chapter and the adopted Zoning Map,
are hereby declared to constitute the comprehensive
zoning plan for the Village.
The Board of Trustees has determined that such
comprehensive zoning plan represents the most beneficial
and convenient relationships among the various public
and private areas within the Village. Such determination
and plan have been made and established having regard
to their suitability for the various uses appropriate to each
area of the Village and the potentiality of each area for such
uses. Such suitability has been determined based on the
direction and manner of use of land, as well as building,
Development, and economic activity. In each case, such
determinations have been made in consideration of
conditions and trends both within the Village and with
respect to the relation of the Village to areas outside of the
Village, and both for its own inhabitants and those of the
surrounding area.
SECTION 345.105
PURPOSES, INTENT & OBJECTIVES.
A. General.
This Chapter has been adopted for the protection and
promotion of the health, safety, morals and the general
welfare of the community, and in furtherance of the
following related and more specific objectives:
1. Guidance of Future Growth &
Development.
Guiding the future growth and development of
the Village in accordance with a comprehensive
plan of land use and population density; such plan
representing the most beneficial and convenient
relationships among the various public and
private areas within the Village, having regard to
their suitability for the various uses appropriate to
each of them and their potentiality for such uses,
as indicated by existing conditions and trends in
population, in the direction and manner of use
of land, in building, Development, and economic
activity, considering such conditions and trends
both within the Village and with respect to the
relation of the Village to areas outside thereof,
both for its own inhabitants and those of the
surrounding area;
2. Sustainable Living Conditions
Providing adequate light, air and privacy, securing
safety from fire and other dangers and preventing
overcrowding of the land and an undue congestion
of population;
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3. Character, Social & Economic
Stability.
Protecting the character and the social and
economic stability of all parts of the Village
and encouraging their orderly and beneficial
Development;
4. Value of Land & Buildings.
Protecting and conserving the value of land
throughout the Village and the value of Buildings
appropriate to the various Districts and Civic
Districts established by this Chapter;
5. Environment & Ecological Systems.
Protecting and preserving the natural environment
and its ecological systems;
6. Conformity.
Bringing about the gradual conformity of the
Uses of land and Buildings throughout the Village
through the comprehensive zoning plan of the
Village and minimizing conflicts among the uses
of land and Buildings;
7. Relationship Between Uses & Traffic.
Aiding and bringing about the most beneficial
relation between the Uses of land and Buildings
and the circulation of traffic throughout the
Village, having particular regard to the avoidance
of congestion in the streets and the provision of
safe and convenient traffic access appropriate to
the various uses of land and Buildings throughout
the Village;
8. Guide for Public Policy & Action.
Aiding in providing a guide for public policy and
action in the efficient provision of public facilities
and services and for private enterprise in building,
Development, investment and other economic
activity relating to uses of land and Buildings
throughout the Village; and
9. Greenway Compact Plan.
In accordance with the Greenway Compact Plan
adopted by the Village, as amended from time to
time, as a statement of policies, principles and
guides to supplement other established land use
policies;
10. Catering and Events Establishments.
It is a purpose of this Chapter to regulate Catering
and Events Establishments in order to promote
the health, safety and general welfare of the
community. The provisions of this Chapter have
neither the purpose nor effect of imposing
a limitation or restriction on the content or
reasonable access to any communicative
materials;
11. Dance Halls and Cabarets.
a. Purpose. It is a purpose of this Chapter to
regulate dance halls, cabarets, and similar
commercial establishments in order to
promote the health, safety, and general
welfare of the citizens of the Village and
the patrons of such establishments and to
establish reasonable and uniform regulations
to prevent the deleterious secondary effects
of such establishments within the Village. The
provisions of this Chapter have neither the
purpose nor effect of imposing a limitation
or restriction on the content or reasonable
access to any communicative materials or
any form of expression. Similarly, it is neither
the intent nor effect of this chapter to
restrict or deny access by adults to materials
protected by the First Amendment or to deny
access by the distributors and exhibitors of
entertainment to their intended market.;
b. Findings and rationale. Based on evidence
of the adverse secondary effects of dance
halls, cabarets, and similar commercial
establishments, including certain kinds
of adult entertainment establishments,
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presented in hearings and in reports made
available to the Village Board of Trustees, and
on findings, interpretations and narrowing
constructions incorporated in the cases of
Dallas v. Stanglin, 490 U.S. 19 (1989); Festa
v. New York City Dept. of Consumer Affairs,
820 N.Y.S.2d 452 (N.Y. Sup. 2006), aff’d with
modification, 830 N.Y.S.2d 133, 37 A.D.3d
343 (N.Y. App. Div. 2007), appeal dismissed
by, 872 N.E.2d 870 (N.Y. 2007); Inc. Village of
Babylon v. John Anthony’s Water Cafe, Inc.,
137 A.D.2d 792, 525 N.Y.S.2d 337 (N.Y. App.
Div. 1988); Cemco Rest., Inc. v. Ten Park Ave.
Tenants Corp., 135 A.D.2d 461, 552 N.Y.S.2d
151 (N.Y. App. Div. 1987); Lyn v. Inc. Village
of Hempstead, No. 03-CV-5041, 2007 WL
1876502 (E.D.N.Y. June 28, 2007); and Willis
v. Town of Marshall, 426 F.3d 251 (4th Cir.
2005) ; City of Littleton v. Z.J. Gifts D-4, L.L.C.,
541 U.S. 774 (2004); City of Erie v. Pap’s A.M.,
529 U.S. 277 (2000); Barnes v. Glen Theatre,
Inc., 501 U.S. 560 (1991); Buzzetti v. City of
New York, 140 F.3d 134 (2d Cir. 1998); Gold
Diggers, LLC v. Town of Berlin, 469 F. Supp.
2d 43 (D. Conn. 2007); Ben’s Bar, Inc. v. Village
of Somerset, 316 F.3d 702 (7th Cir. 2003);
Daytona Grand, Inc. v. City of Daytona Beach,
490 F.3d 860 (11th Cir. 2007); Sensations, Inc.
v. City of Grand Rapids, 526 F.3d 291 (6th Cir.
2008); Richland Bookmart, Inc. v. Nichols, 137
F.3d 435 (6th Cir. 1998); and Gammoh v. City
of La Habra, 395 F.3d 1114 (9th Cir. 2005), the
Board of Trustees finds:
i. Dance halls and cabarets, as a category
of commercial uses, are associated with
a wide variety of adverse secondary
effects, including, but not limited to,
personal and property crimes, noise
and traffic congestion, prostitution,
potential spread of disease, lewdness,
public indecency, illicit drug use and
drug trafficking and negative impacts on
surrounding properties.
ii. Dance halls and cabarets should be
separated from sensitive land uses to
minimize the impact of their secondary
effects upon such uses.
iii. Each of the foregoing negative secondary
effects constitutes a harm which the
Village has a substantial government
interest in preventing and/or abating.
This substantial government interest in
preventing secondary effects, which is
the Village’s rationale for this section,
exists independent of any comparative
analysis between subcategories
of commercial entertainment
establishments. Additionally, the Village’s
interest in regulating dance halls and
cabarets extends to preventing future
secondary effects of either current or
future businesses that may locate in the
Village. The Village finds that the cases
and documentation relied on in this
section are reasonably believed to be
relevant to said secondary effects;
c. The Village hereby adopts and incorporates
herein its stated findings and legislative
record related to the adverse secondary
effects of dance halls and cabarets, including
the judicial opinions and reports related to
such secondary effects.
B. Other Purposes & Objectives.
In addition to the purposes and objectives set forth
in Sections 345.105.A above, this Chapter has been
adopted for other purposes and objectives provided
elsewhere in this Chapter.
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SECTION 345.106
APPLICABILITY.
A. General.
This Chapter, the Zoning Map, and the standards and
requirements of this Chapter, are applicable to all
Development, re-Development, Improvements, land,
Structures, Alterations, modifications, construction,
re-construction, Buildings, Lots, and Uses within the
Village.
B. Supersession.
This Chapter supersedes and replaces in its entirety
Chapter 345 as the same has heretofore been in effect.
C. Exclusive & Mandatory.
This Chapter shall be the exclusive and mandatory
zoning regulation for the Village.
SECTION 345.107
PLANS UNDER THIS CHAPTER.
This Chapter contemplates several types of plans, as
follows:
A. Building & Lot Plans.
1. Purpose of Building & Lot Plans.
A Building & Lot Plan is a Plan that includes the
information required by Section 345.404 and
demonstrates compliance with all requirements
of Article 4 (Building & Lot Plans; Building &
Lot Standards) related to such requirements,
specifically as related to the Building & Lot
requirements of this Chapter.
2. Condition to Subdivision, Plat, or
Building Permit.
A Building & Lot Plan certified by the Planning &
Economic Development Zoning Administrator
pursuant to Section 345.805.F as being in
compliance with Article 4 (Building & Lot Plans;
Building & Lot Standards) is a condition to
issuance of a Building Permit or approval of a
subdivision or plat.
A Site Plan is a Plan that includes the information
requiredbySection345.805.G.2anddemonstrates
compliance with all requirements of this Chapter
related to such information.
2. When Plan Required.
A Site Plan is required when one of the situations
identified in Section 345.805.G.1 is applicable.
C. Development Parcel Plans.
1. Development Parcel Plan Defined.
A Development Parcel Plan is a Plan that
includes the information required by Section
345.805.G.3.b and demonstrates compliance
with all requirements of this Chapter related to
such requirements, specifically as related to the
Development Parcel requirements of this Chapter.
2. Development Parcel Defined.
a. That, either alone or together with one
or more other parcels under a common
Development scheme, program or plan, is for
SD-PMU, or SD-PRD Character Districts:
B. Site Plans.
1. Purpose of Site Plans.
A Development Parcel is a parcel of land that is
not within the CD-3.R20, CD-3.R7, CD-3.R5,
five (5) more gross acres; or
b. With respect to a Development of which
any new Thoroughfare or extension or change
of the design of any existing Thoroughfare is
required or will be made or proposed; or
any Thoroughfare alignment proposed to be
made or changed by a Zoning Map Change
encompassing five (5) or more acres other
than one prepared by or on behalf of the
Village.
c. With respect to any District assignment or
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3. When Plan Required.
D. Zoning Map.
1. Official Zoning Map.
When adopted, the Zoning Map, as may be
amended from time to time, shall be the Village’s
Official Zoning Map. The Official Zoning Map shall
be maintained digitally on the Village’s website.
2. Map Elements.
The adopted Zoning Map, and any proposed
Zoning Map amendment, shall include
designations of Districts, Civic Districts, and any
Special Requirements.
E. Sign Plans.
1. Purpose.
A Sign Plan is a plan that includes the information
required by Section 345.701 and demonstrates
compliance with the Sign standards of Article 7
(Sign Standards).
2. When Plan Required.
A Sign Plan is required as part of each Sign Permit
Application.
SECTION 345.108
RELATIONSHIP TO PRIVATE
COVENANTS & AGREEMENTS.
A. Effect of Chapter.
It is not intended by this Chapter to interfere with or
abrogate or annul any Easement, covenant or other
agreement between parties; provided, however, that
when this Chapter imposes a greater restriction upon
the Use of Structures, premises, Lots, or land, or upon
height of Structures, or requires larger Lots, Yards,
or other Open Spaces than imposed or required by
such other provision of law, ordinance or regulation,
or by any such Easement, covenant, or agreement, the
provisions of this Chapter shall control.
B. No Encroachment.
No provision contained in this Chapter shall be
construed as justifying the Encroachment of any
Structure within any Thoroughfare lines now or
hereafter laid down on any subdivision plat filed in the
office of the County Clerk or within any federal, state,
county or Village Thoroughfare.
SECTION 345.109
RELATIONSHIP TO OTHER LAWS, ETC.
A. Precedence of Chapter.
The provisions of this Chapter shall take precedence
over those of other Village, County, and State laws,
codes, ordinances, regulations, and standards that
may be in conflict with this Chapter, except Village,
County, and State Health and Safety Codes.
B. Effect on Other Laws.
Nothing contained in this Chapter shall be taken
to repeal, abrogate, annul or in any way impair or
interfere with Village Code Chapter 151 (Building Code
Administration and Enforcement) or any rules or
regulations adopted or issued thereunder, or any other
A Development Parcel Plan, certified by the
Planning & Economic Development Zoning
Administrator pursuant to Section 345.805.H, is
required as part of any application for issuance or
approval of a subdivision or plat, Building Permit,
Building & Lot Plan, or Site Plan that relates
to a Development Parcel, and as part of each
application for Zoning Map encompassing five
(5) or more acres other than one prepared by or
on behalf of the Village.
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existing or future law, code, ordinance, regulation, or
standard that is not in conflict with this Chapter.
C. Effect of Non-Conflicting
Provisions.
Without limitation to Sections 345.109.A and 345.109.B,
except as expressly superseded by this Chapter, the
Existing Local Codes, including without limitation,
the Village Subdivision Regulations and the Village
Building Administration and Enforcement Code, shall
continue to be applicable to matters not covered by
this Chapter, except where the Existing Local Codes
are inconsistent with, or in conflict with, this Chapter.
D. Compliance with Other Legal
Requirements.
Without limitation to any other provision of the
Village Code, it shall be a condition to issuance of all
Certificates of Occupancy and the Use of all land and
Improvements in the Village that all necessary federal,
state, county and Village licenses and permits for the
Use and operation of such land and Improvements
shall have been validly obtained and remain at all times
in full force and effect.
E. Compliance with Other Chapters.
Reference is hereby made to the provisions of
the following Chapters and Appendices of the
Village Code: Chapter 79 (Map, Official), Chapter
90 (Planning Commission), Chapter 151 (Building
Code Administration and Enforcement), Chapter
155 (Catering and Events Establishments), Chapter
160 (Convalescent Homes), Chapter 165 (Dance
Halls and Cabarets), Chapter 175 (Fees), Chapter 181
(Flood Damage Prevention), Chapter 224 (Noise),
Chapter 245 (Property Maintenance), Chapter 254
(Restaurants), Chapter 298 (Theaters), Chapter 301
(Towers and Antennas), Chapter 304 (Trees and
Shrubbery), Chapter 312 (Underground Utilities), and
Chapter A402 (Land Subdivision Regulations). Without
limitation to any other means by which a violation
of any of the Chapters or Appendices listed in this
Section 345.109.E may be enforced, any such violation
shall constitute a violation of this Chapter and may
be enforced as such under Article 8 (Administration,
Procedure & Enforcement) hereof.
SECTION 345.110
COMPLIANCE WITH CHAPTER.
Except for non-conformances allowed pursuant to Article
9 (Nonconformities) or as otherwise provided in this
Chapter, all Development, re-Development, land, Lots,
Improvements, Structures, and all Uses, construction, re-
construction, modifications, Alterations, raising, moving,
extension, and enlargements thereof, and all parts thereof,
and all Plans, applications, requests, and submissions
required or made under this Chapter, must comply with
this Chapter and the applicable standards, requirements,
and conditions of this Chapter, including without limitation
(a) the provisions for the District or Civic District in which
the same or any part thereof are located on the Zoning
Map, (b) any license, permit, approval, certification, or
authorization issued pursuant to this Chapter, and (c) any
applicable Plan approved or certified under this Chapter.
SECTION 345.111
DEVELOPMENT RESTRICTED WITHIN
CERTAIN AREAS.
Notwithstanding anything to the contrary contained or
implied in this Chapter, unless specifically approved by
action of the Board of Trustees, no Development shall occur
within the bounds of an existing or future Thoroughfare,
Civic Space, or other public facility shown or described in
the Village Comprehensive Plan, the Village Official Map, or
other planning documents.
SECTION 345.112
RESTORATIONS & REPAIRS.
When any Building is declared unsafe by a Code
Enforcement Officer or Building Inspector, nothing in this
Table 345.405.A-1 – 345.405.A-11 (District
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Chapter shall prevent compliance with lawful requirements
or strengthening or restoring the same to a safe condition.
SECTION 345.113
DEFINED TERMS; CONSTRUCTION OF
TERMS.
Certain capitalized terms used throughout this Chapter
are defined in Article 10 (Definitions). Such definitions are
integral to this Chapter. Uncapitalized terms and terms not
so defined shall be accorded their commonly accepted
meanings unless otherwise provided in this Chapter. In the
event of conflicts between the definitions in this Chapter
and the definitions of the Existing Local Codes, those of this
Chapter shall take precedence as applied to this Chapter.
SECTION 345.114
TABLES, MAPS, PHOTOGRAPHS,
IMAGES, ILLUSTRATIONS,
FIGURES, GRAPHICS, DIAGRAMS, &
DEPICTIONS.
A. Table & Map Standards /
Requirements.
The standards and requirements of Tables herein
and the adopted Zoning Map are integral parts of this
Chapter.
B. Effect of Graphical Material.
1. Table Graphics.
The diagrams, photographs and illustrations in
Standards), Table 345.405.B (Civic District
Standards), Table 345.405.G-1 (Private
Frontage Types), Table 345.405.J-1 (Principal
Building Types Summary), Table 345.405.J-2
(Principal Building Types - Specific Standards),
Table 345.502.B.1 (Thoroughfare Types -
Summary), Table 345.502.B.2 (Thoroughfare
Assemblies & Standards), Table 345.502.D
(Bikeway Types), Table 345.502.E (Public
Lighting Types), Table 345.502.F (Public
Planting), Table 345.504.B-1 (Civic Space
Types - Summary), Table 345.405.S-2 (Private
Lighting Types), and Table 345.504.B-2 (Civic
Space Types - Specific Standards) are provided
onlytoindicatethegeneralcharacterorplacement
of and/or reference to the various Districts, Civic
Districts, and Civic Spaces, and elements thereof,
shown thereon, and they shall have regulatory
force and effect only to that extent.
2. Illustrations, Figures, & “Illustrative”
Material.
All graphical and tabular depictions entitled
“Illustration” or “Figure”, or denoted as “illustrative”
are provided for illustrative, explanatory purposes
only and are not regulatory.
3. Certain Illustrations.
The illustrations in Table 345.502.F (Public
Planting), Table 345.502.E (Public Lighting
Types), and Table 345.405.S-1 (Private Lighting
Types) are provided only as an approximation of
the Planting Types and Lighting Types shown and
they shall have regulatory force and effect only to
that extent.
C. Conflict Between Metrics.
Where in conflict, numerical metrics shall take
precedence over graphic metrics.
SECTION 345.115
PREPARATION & ADOPTION OF
ZONING MAP.
A. Conformance with Article 2 (Zoning
Map).
Each Zoning Map or Zoning Map Change must
conform to the requirements of Article 2 (Zoning Map).
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B. Preparation.
The Zoning Map for the Village to be applicable upon
the Effective Date of this Chapter must be prepared by
or on behalf of the Village and adopted simultaneously
with this Chapter.
SECTION 345.116
DETERMINATION OF STANDARDS.
The Board of Trustees has established the standards in
this Chapter and, upon approval of the Zoning Map or any
amendment thereof, such standards are applicable to the
Village.
SECTION 345.117
ADMINISTRATION.
Except as otherwise expressly provided herein, this Chapter
shall be administered by the Zoning Administrators, as
more specifically provided in Article 8 (Administration,
Procedure & Enforcement) hereof.
SECTION 345.118.
APPLICATIONS.
A. Building & Lot Plans.
1. Submission.
A Building & Lot Plan must be submitted to the
Planning & Economic Development Zoning
Administrator for review.
2. Certificate Required.
No Development, r e - D e v e l o p m e n t ,
Improvement, subdivision, re-subdivision,
construction, re-construction, or Alteration,
modification of or on any Building, Lot or parcel
of land shall occur without prior submission of
a complete Building & Lot Plan application for
review and the Planning & Economic Development
Zoning Administrator’s issuance pursuant to
Section 345.805.F of a Certificate of Compliance
with respect to a Building and Lot Plan that
complies with Article 4 (Building and Lot Plans &
Standards).
3. Ordinary Maintenance or Repair
Exempt.
A Building and Lot Plan is not required for Ordinary
Maintenance or Repair of an existing Structure.
B. Site Plans.
1. Governed by Article 8.
An application for approval of a Site Plan shall be
processed, reviewed, and acted upon pursuant
to Article 8 (Administration, Procedure &
Enforcement).
2. When Plan Required.
Except for Single-Family Detached Dwellings, no
Development, re-Development, Improvement,
subdivision, re-subdivision, construction, re-
construction, modification or Alteration of or
on any Building, Lot or parcel of land shall occur
unless a Site Plan has been approved therefor.
3. Ordinary Maintenance or Repair
Exempt.
ASitePlanisnotrequiredforOrdinaryMaintenance
or Repair of an existing Structure.
C. Development Parcel Plans.
1. Submission.
A Development Parcel Plan, if required by Article 5
(Development Parcel Plans & Standards), shall be
submitted as follows:
a. If not related to a request for Zoning Map
Change, as part
, of the application for
approval of the Site Plan, and in
addition to satisfaction of all
other applicable Site Plan
application requirements, such Site
Plan may be approved only
upon the Planning & Economic
Development Zoning Administrator's
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2. Certificate Required.
If such certificate is required by Section
345.501.B.1, no Development, re-Development,
Improvement, subdivision, re-subdivision,
construction, re-construction, modification or
Alteration of or on any Building, Lot, or parcel of
land shall occur without prior submission of a
complete application for review and the Planning
& Economic Development Zoning Administrator’s
issuance pursuant to Section 345.805.H.5.b.
of a Certificate of Compliance with respect to
a Development Parcel Plan that complies with
Section 345.501.B.2.
D. Special Exception Uses.
1. Governed by Article 8 (Administration,
Procedures & Enforcement).
An application for approval of a Special Exception
Use shall be processed, reviewed, and acted upon
pursuant to Article 8 (Administration, Procedures
& Enforcement).
2. When Plan Required.
A Special Exception Use may be permitted by the
Planning Commission for those Special Exception
Uses indicated for a District or Civic District
as “SE” on Table 345.405.K-1 (Building & Lot
Principal Uses), Table 345.405.K-2 (Building
& Lot Accessory Uses), or Table 345.405.K-2
(Building & Lot Temporary Uses) in accordance
with Section 345.805.B.
2. Ordinary Maintenance or Repair
Exempt.
A Special Exception Use is not required for
Ordinary Maintenance or Repair of an existing
Structure.
E. Zoning Text Amendments & Zoning
Map Changes.
Applications for approval of Zoning Text Amendments
or Zoning Map Changes that are determined by
the Planning & Economic Development Zoning
Administrator to be complete shall be certified as
such and forwarded for further processing, review,
consideration and/ or action, as applicable, by the
Board of Trustees under Article 8 (Administration,
Procedures & Enforcement).
F. Sign Plans.
An application for approval of a Sign Plan shall be
processed, reviewed, and acted upon pursuant to
Article 7 (Sign Standards).
G. Building Permits.
An application for issuance of a Building Permit shall be
processed, reviewed, and acted upon in accordance
with Chapter 151 (Building Code Administration and
Enforcement) and applicable state law; provided that
no Building Permit shall be issued unless and until all
certification that the Development Parcel
Plan complies with all applicable
Development Parcel standards and
requirements of Article 5 (Development
Parcel Plans & Standards); or
b. If related to a request for Zoning Map
Change encompassing five (5) acres or more
other than one prepared by or on behalf of the
Village, as a part of the application for
approval of the applicable Zoning Map
Change, and in addition to satisfaction of
all other applicable zoning application
requirements, such Zoning Map Change
may be approved only upon the Planning
& Economic Development Zoning
Administrator’s certification that the
Development Parcel Plan complies with all
applicable Development Parcel standards
and requirements of Article 5 (Development
Parcel Plans & Standards).
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certifications and approvals required pursuant to this
Chapter have been issued or granted, as applicable.
SECTION 345.119
WAIVERS.
To the extent expressly provided in this Chapter with
respect to any standard or requirement hereof, a Waiver
of such standard or requirement may be granted by the
Planning & Economic Development Zoning Administrator
upon written request of an Applicant if allowance of
such Waiver is determined by the Planning & Economic
Development Zoning Administrator to be consistent with
the intent of this Chapter.
SECTION 345.120
APPEALS AND VARIANCES.
A Appeals.
Appeals from decisions or determinations under this
Chapter may be taken in accordance with Section
345.806.D.
B. Variances.
Variances may be granted by the Zoning Board of
Appeals pursuant to Section 345.806.D to deviate from
a standard or requirement otherwise applicable under
this Chapter, or otherwise applicable to any land, Lot,
Improvement, Building, or Structure regulated under
this Chapter.
SECTION 345.121
VIOLATIONS AND PENALTIES;
ENFORCEMENT.
Penalties for and enforcement of any violation of this
Chapter shall be as provided in Article 8 (Administration,
Procedures & Enforcement).
SECTION 345.122
VALIDITY OF PERMITS ISSUED PRIOR
TO EFFECTIVE DATE.
A. No Change Required.
Nothing in this Chapter shall require any change in the
plan, construction or designated Use of a Structure or
Improvement for which a lawful Building Permit has
been issued prior to the Effective Date of this Chapter,
any amendment of this Chapter, or any amendment of
the Zoning Map, provided that:
1. Construction Commenced.
The construction of such Structure or
Improvement must have been begun and diligently
prosecuted within three (3) months from the date
of such permit; and
2. Completion.
The entire Structure or Improvement must be
completed and a Certificate of Occupancy or
Temporary Certificate of Occupancy must be
received according to such filed and approved
plans upon which the issuance of such permit was
based, within one (1) year from the Effective Date
of this Chapter or any such amendment thereto
or to the Zoning Map.
B. Revocation of Building Permit.
Without limitation to other enforcement remedies
available to the Village, in the event that either Section
345.122.A.1 or Section 345.122.A.2 is not complied with,
such Building Permit shall be revoked pursuant to
Article 8 (Administration, Procedures & Enforcement).
SECTION 345.123
TRANSITION RULES.
The following transitional regulations will resolve the status
of properties with pending or approved applications at the
time of adoption of this Chapter:
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A. Pending Applications.
Any complete application that has been submitted or
accepted for approval, but upon which no final action
has been taken by the appropriate Decision-Making
Authority prior to the Effective Date of this Chapter,
shall be reviewed in accordance with the provisions of
Chapter 345 in effect on the date the application was
deemed complete by the Village.
If the Applicant fails to comply with any applicable
required period for submittal or other procedural
requirements, the application shall expire and
subsequent applications shall be subject to the
requirements of this Chapter.
Any re-application for an expired project approval
must meet the standards in effect at the time of re-
application.
An Applicant with a pending application may waive
review available under the prior Chapter 345 through
a written letter to the Department of Planning &
Economic Development Zoning Administrator and
request review under the provisions of this Chapter.
B. Approved Projects.
Approved Site Plans, Variances, Special Exception Use
approvals, or Building Permits that are valid on the
Effective date of this Chapter shall remain valid until
their expiration date, where applicable.
Plans approved under the prior Chapter 345 that
are valid on the Effective Date of this Chapter shall
also remain valid until their expiration date, where
applicable.
SECTION 345.124
AMENDMENT.
This Chapter may be amended from time to time in
accordance with Section 345.807.B hereof.
SECTION 345.125
SEPARABILITY.
In case any provision of this Chapter shall be held invalid or
unenforceable by a court of competent jurisdiction, it shall
not affect any other Article, Section or provision as long as
the invalid or unenforceable portion can be separated from
the remainder of the provisions.
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ARTICLE 2:
ZONING MAP
SECTION 345.201. ZONING MAP. 										17
A. Establishment of Districts. 										17
B. Designations on Zoning Map. 										17
C. Incorporation into Chapter. 										17
D. Maintenance of Zoning Map. 										17
E. District Boundaries. 											17
F. Adoption by Board of Trustees.										18
SECTION 345.202. SPECIAL REQUIREMENTS. 								18
A. Designation on Zoning Map. 										18
B. Effect of Designation. 											18
SECTION 345.203. CHANGES TO ZONING MAP. 								19
SECTION 345.204. ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS. 			 19
A. Character Districts. 											19
B. Civic Districts. 												20
C. Special Districts												20
ARTICLE 2: ZONING MAP
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ARTICLE 2: ZONING MAP
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SECTION 345.201
ZONING MAP.
A. Establishment of Districts.
Districts are established in Section 345.307.
Establishment of any other Districts shall be in
accordance with Section 345.308.
B. Designations on Zoning Map.
Districts, Thoroughfares, and any Special
Requirements, as referred to in this Chapter and
approved by the Board of Trustees, shall be bounded
or otherwise shown and designated on the Zoning
Map and any amendment thereto, as adopted by the
Board of Trustees pursuant to this Chapter.
C. Incorporation into Chapter.
The Zoning Map, as may be subsequently amended
from time to time, and all notations, references and
explanatory and other matter thereon, is incorporated
into and made a part of this Chapter by reference.
D. Maintenance of Zoning Map.
The adopted Zoning Map shall be kept on file in
the Village offices and the Planning & Economic
Development Zoning Administrator shall maintain
a digital copy of the Zoning Map on the Village’s
website, reflecting all amendments approved by the
Board of Trustees.
E. District Boundaries.
1. Establishment of Boundaries.
The boundaries of each of the Districts identified
in Section 345.207 are hereby established as
shown on the duly adopted Zoning Map.
2. Intent.
The District boundary lines, unless shown
otherwise, are intended generally to follow
Thoroughfare center lines, railroad right-of-way
boundary lines or their center lines, other similar
right- of-way lines, or Lot Lines, boundaries
of subdivisions, or Village boundary lines, all
as shown on the Zoning Map. Where a District
boundary line does not follow such a line, but is
shown parallel to such a line on the Zoning Map,
the distance between the parallel lines shall
be as dimensioned on the Zoning Map. Such
dimensions shall be construed to read from the
outside edge of all rights-of-way rather than
from their center lines.
3. Discrepancy in Map and Physical
Boundaries.
Where the Thoroughfare layout actually on the
ground varies from the Thoroughfare layout
shown on the Zoning Map, the designation shown
on the mapped Thoroughfare shall be applied
in such a way as to carry out the Planning &
Economic Development Zoning Administrator’s
determination as to the purpose and intent of the
Zoning Map for the particular area in question.
4. Determination of Boundary Location.
When the location of a District boundary
line cannot be otherwise determined, the
determination thereof shall be made by the
Planning & Economic Development Zoning
Administrator by scaling the distance on the
Zoning Map from a line of known location to such
District boundary line.
5. Appeal to Zoning Board of Appeals.
Inthecaseofuncertaintyastothetruelocationof
a District boundary line in a particular instance, an
appeal of the Planning & Economic Development
Zoning Administrator’s determination may
be taken to the Zoning Board of Appeals, as
provided in Article 8 (Administration, Procedure
& Enforcement).
ARTICLE 2: ZONING MAP
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6. Boundary Dividing Lot.
When a District boundary line divides a Lot
in a single ownership at the Effective Date of
this Chapter, any amendment thereto, or any
amendment of the Zoning Map, the Zoning
Board of Appeals may permit extension into one
District of a lawful conforming use existing in the
other District, as hereinafter provided in Article 8
(Administration, Procedure & Enforcement).
7. Underwater Lands.
All lands within the Village that are underwater
shall be considered to be zoned in accordance
with the District applied to the upland Adjacent
to them as if any District boundary line shown on
the Zoning Map as intersecting the water’s edge
was projected across such water body to the
intersection of the Village boundary line or other
District boundaries.
8. Lot or Parcel in More than One
Jurisdiction.
If any Lot or parcel of land is situated partially
within the Village and partially within one or
more other jurisdictions, the portion of such
Lot or parcel land situated within the Village
must comply with the Village standards and
requirements for the applicable Village District.
F. Adoption by Board of Trustees.
The Zoning Map shall be adopted by the Board of
Trustees upon the Effective Date. The Zoning Map
may be amended from time to time through adoption
by the Board of Trustees at a regularly scheduled
meeting.
SECTION 345.202
SPECIAL REQUIREMENTS.
A. Designation on Zoning Map.
The Zoning Map and any amendment thereto may
designate any of the Special Requirements listed in
Section 345.202.2.B below. If there is any conflict
between an applicable Special Requirement and
another standard or requirement, the Special
Requirement shall be controlling.
B. Effect of Designation.
If a Zoning Map or any amendment designates any
one or more of such Special Requirements, such
designation indicates that the following requirements
shall be applied as follows:
1. Shopfront Frontage.
A Shopfront Frontage designation requires that
each Private Frontage within the designated
area be provided a Shopfront Frontage at
Sidewalk level, except at any allowed Driveways
or Streetscreen areas, as provided in Table
345.405.G-1 (Private Frontage Types) and
specified in Article 4 (Building & Lot Plans;
Building & Lot Standards).
2. Mandatory Retail Frontage.
A Mandatory Retail Frontage designation
requires that each Private Frontage within
the designated area be provided a Shopfront
Frontage at Sidewalk level, except at any allowed
Driveways or Streetscreen areas, as provided in
Table 345.405.G-1 (Private Frontage Types)
and specified in Article 4 (Building & Lot Plans;
Building & Lot Standards) and that the ground
level be available for Retail Use.
CD-6T Not Regulated
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3. Terminated Vista.
A Terminated Vista designation requires that
a Building be provided with a cupola, chimney,
entry feature, or habitable tower that intersects
the centerline axis of the view to which they
respond.
3. Cross Block Passage.
A Cross Block Passage designation requires that
a minimum 10-foot-wide pedestrian access be
reserved between Buildings.
4. Special Height Range.
A designation of Special Height Range requires
that Buildings within the designated area comply
with the Height noted rather than the Height
standard that otherwise would be applicable
within the District, as applicable.
5. Residential/Dwelling Use Restriction.
A designation of Residential/Dwelling Use
Restriction prohibits Uses categorized as
Residential/Dwelling Uses in Table 345.405.K-1
(Building & Lot Principal Use) within the ground
floor of Buildings within the designated area,
irrespective of whether Residential/Dwelling
Use would otherwise be permitted within the
applicable District.
6. Residential/Dwelling Use Only.
A designation of Residential/Dwelling Use
Only requires that the only Principal Uses that
are allowed within the designated area are
Uses categorized as Residential/Dwelling in
Table 345.405.K-1 (Building & Lot Principal
Use), irrespective of whether other Principal
Uses would otherwise be permitted within the
applicable District.
SECTION 345.203
CHANGES TO ZONING MAP.
Any change to the adopted Zoning Map shall be subject
to compliance with the requirements and procedures of
this Chapter, including without limitation, submission,
review and approval of an application for approval of a
proposed Zoning Map amendment that complies with all
standards, conditions, and requirements of this Chapter,
in accordance with Article 8 (Administration, Procedure &
Enforcement).
SECTION 345.204
ASSIGNMENT OF DISTRICTS FOR
DEVELOPMENT PARCELS.
A. Character Districts.
CD District
% of Development Parcel
Net Site Area
CD-3 10-30%
CD-3.R20 0%
CD-3.R7 0%
CD-3.R5 0%
CD-4 30-60%
CD-5 10-30%
CD-5W Not Regulated
CD-6 Not Regulated
NOTE: See Article 5 for Civic District Requirements
Village must be in accordance with the percentages
of Net Site Area indicated in Table 345.204
(Assignment of Character Districts for
Development Parcels > 5 Acres).
For any Development Parcel over five (5) gross
acres excluding any Special Districts, assignment
of each Character District type (i.e., CD-3,
CD-3. R20, CD-3.R7, CD-3.R5, CD-4, CD-5,
CD-5W, CD- 6, or CD-6T) for any Zoning Map
Change other than one prepared by or on behalf of the
ARTICLE
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TABLE 345.204 ASSIGNMENT OF CHARACTER
DISTRICTS FOR DEVELOPMENT PARCELS > 5
ACRES
ARTICLE 2: ZONING MAP
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B. Civic Districts.
Civic Districts must be assigned within Development
Parcels in accordance with Article 5 (Development
Parcel Plans & Standards).
C. Special Districts.
1. Limitation on Assignment.
a. A Special District may be assigned to an area
within a Development Parcel only if such
area, due to the intrinsic size, Use, Building
Placement, Building Elements, Building
Configuration, Building type, or other Building
and Development characteristics, cannot
conform to one or more of the applicable
Character Districts or standards therefor
specified in this Chapter.
b. Special Districts shall not be used to avoid
compliancewithstandardsandrequirements
for Character Districts, and instead, shall be
used sparingly.
2. Zoning Map Amendment.
Assignment of Special Districts shall be subject
to approval as a Zoning Map amendment
pursuant to Article 8 (Administration, Procedure
& Enforcement).
All applications for and approvals of a Zoning
Map Change covering a Development Parcel over
five (5) acres excluding any Special Districts must
be in accordance with this Section 345.204.
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ARTICLE 3:
ZONING DISTRICTS & CIVIC
DISTRICTS
ARTICLE 3: ZONING DISTRICTS AND CIVIC ZONES
SECTION 345.301. GENERAL. 										23
A. Applicability. 												23
B. Compliance. 												23
SECTION 345.302. CHARACTER DISTRICT DEFINED. 							 23
SECTION 345.303. SPECIAL DISTRICTS. 									23
A. Defined. 													23
B. Effect of Special District Designation. 									23
C. Limitation on Future CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU & SD-PRD Zoning. 			 23
SECTION 345.304. CIVIC DISTRICT DEFINED. 								23
SECTION 345.305. CHARACTER DISTRICT & SPECIAL DISTRICT DESCRIPTIONS.			 23
SECTION 345.306. CIVIC DISTRICT DESCRIPTION. 							23
SECTION 345.307. ESTABLISHMENT OF DISTRICTS. 							24
A. Districts. 													24
SECTION 345.308. ESTABLISHMENT OF ADDITIONAL DISTRICTS. 					 27
A. Board of Trustees Approval. 										27
B. Map Amendment. 											27
SECTION 345.309. ELEMENTS & STANDARDS. 								27
SECTION 345.310. ADDITIONAL REQUIREMENTS. 							27
ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS
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Summary) and Tables 345.405.A-1 - 345.405.A-11
ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS
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parcel, Lot and Building standards, as applicable, as
described in Section 345.405.
C. Limitation on Future CD-3.R20,
CD-3.R7, CD-3.R5, SD-PMU & SD-
PRD Zoning.
Notwithstanding anything to the contrary contained or
implied in this Chapter, zoning of land to District CD-3.
R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD shall
be available only to the parcels designated as such,
respectively, upon the Effective Date, and no District
designation of District CD-3.R20, CD-3.R7, CD-3.R5,
SD-PMU, or SD-PRD shall be available for any future
rezoning of any property within the Village.
SECTION 345.304
CIVIC DISTRICT DEFINED.
Civic District is defined in Article 10 (Definitions).
SECTION 345.305
CHARACTER DISTRICT AND SPECIAL
DISTRICT DESCRIPTIONS.
Character District and Special District descriptions are
set forth in Table 345.307 (District Descriptions -
(District Standards).
SECTION 345.306
CIVIC DISTRICT DESCRIPTION.
Civic District is described in Table 345.405.B (Civic
District Standards).
Civic Spaces are described in Table 345.504.B-1 (Civic
Space Types Summary).
SECTION 345.301
GENERAL.
A. Applicability.
This Article 3 applies to Districts to the extent provided
herein.
B. Compliance.
Except for non-conformances allowed pursuant to
Article 9 (Nonconformities) or as otherwise provided
in this Chapter, with respect to each District, as
applicable, all Development, re-Development,
land, Lots, Improvements, and Structures, and all
Uses, construction, re-construction, modifications,
Alterations, and enlargements thereof, and all parts
thereof, and all Plans, applications, requests, and
submissions for proposals required or made under
this Chapter, must include the elements required by
and must comply with this Article 3 and the applicable
standards, requirements, and conditions of this
Article and any license, permit, approval, certification,
or authorization issued pursuant to this Chapter,
any applicable approved Site Plan or other approval
granted under this Chapter.
SECTION 345.302
CHARACTER DISTRICT DEFINED.
Character District is defined in Article 10 (Definitions).
SECTION 345.303
SPECIAL DISTRICTS.
A. Defined.
Special District is defined in Article 10 (Definitions).
B. Effect of Special District
Designation.
If a Special District is designated for an area on the
Zoning Map or any amendment thereof, such area
is subject to certain Special District Development,
345.405.A-1 - 345.405.A-11 (District Standards)
12. Civic District
11. Special District – SD-PMU (Planned Mixed
10. Special District – SD-PRD (Planned
9. Character District CD-6T (Urban Core TOD)
ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS
24 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
SECTION 345.307
ESTABLISHMENT OF DISTRICTS.
A. Districts.
For the purposes of this Chapter, there are hereby
established within the Village, and the Village is hereby
divided into, the following zoning districts, each of
which is described in Section 345.305 and Section
345.306 and the Tables referenced therein, and the
District standards for which are set forth for Buildings
and Lots in Section 345.405, and for Development
Parcels in Sections 345.501 – 345.507 and Tables
and Table 345.405.B (Civic District Standards):
1. Character District CD-3 (Neighborhood)
2. Character District CD-3.R20 (R20 One-
Family Residence District)
3. Character District CD-3.R7 (R7 One-Family
Residence District)
4. Character District CD-3.R5 (R5 One-Family
Residence District)
5. Character District CD-4 (General Urban)
6. Character District CD-5 (Urban Center)
7. Character District CD-5W (Urban Center -
Waterfront)
8. Character District CD-6 (Urban Core)
Residential District)
Use District)
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TABLE 345.307.A-1 DISTRICT DESCRIPTIONS- SUMMARY
Districts
CD-3 (Neighborhood)
The CD-3 Neighborhood District consists of primarily a low density single-family
detached Residential area in which Cottages and Houses are the predominant Building
Types. It has medium to deep front Setbacks and medium to wide side Setbacks. Its
Thoroughfares have curbs and may include Sidewalks and/or street trees, and form
medium to large blocks.
CD-3.R20 (R20 One-Family Residence District)
The CD-3.R20 One Family Residential Character District consists of primarily a low
density single-family detached Residential area. It has a minimum Lot size of 20,000
SF and a minimum Usable Open Space of 5,000 SF.
CD-3.R7 (R7 One-Family Residence District)
The CD-3.R7 One Family Residential Character District consists of primarily a low
density single-family detached Residential area. It has a minimum Lot size of 7,000 SF
and a minimum Usable Open Space of 3,500 SF.
CD-3.R5 (R3 One-Family Residence District)
The CD-3.R5 One Family Residential Character District consists of primarily a low
density single-family detached Residential area. It has a minimum Lot size of 5,000 SF
and a minimum Usable Open Space of 2,000 SF.
CD-4 (General Urban)
The CD-4 General Urban Character District consists of a medium density area that
has a mix of Building Types and primarily Residential, Retail / Personal Service /
Artisan, Office, Lodging and Civic Uses; there are medium, narrow or no front Setbacks
and narrow to medium side Setbacks; it has variable private landscaping; and it has
Thoroughfares with curbs, Sidewalks and trees that define medium-sized blocks.
CD-5 (Urban Center)
The CD-5 Urban Center Character District consists of higher density Mixed Use areas.
It has a tight network of Thoroughfares with wide Sidewalks, street lights and regular
tree spacing, defining medium-sized blocks. Buildings are set close to the Sidewalks.
street trees, and wide sidewalks, with narrow or no front setback and no side setbacks.
the Port Chester train stationt. Its Blocks are defined by Thoroughfares with curbs,
height with a wide variety of Uses, located near and with connections and access to
The CD-6T Urban Core TOD Character District consists of the highest density and
CD-6T (Urban Core TOD)
ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS
26 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
TABLE 345.307.A-1 DISTRICT DESCRIPTIONS - SUMMARY
Districts
CD-5W (Urban Center - Waterfront)
The CD-5W Urban Center-Waterfront Character District consists of higher density
Mixed Use areas near the waterfront, including water-dependent uses. It has a tight
network of Thoroughfares with wide Sidewalks, street lights and regular tree spacing,
defining medium-sized blocks. Buildings are set close to the Sidewalks.
CD-6 (Urban Core)
The CD-6 Urban Core Character District consists of higher density and height with a
wide variety of Uses, located near and with connections and access to Public Transit.
This District may be Adjacent to Civic Districts with significant Civic Spaces and
important Civic Buildings. Its Blocks are defined by Thoroughfares with curbs, street
trees, and wide sidewalks, with narrow or no front setback and no side setbacks.
SD-PRD (Planned Residential Development
It is the purpose of the Planned Residential Development Special District (SD-PRD)
to provide performance criteria as the basis for flexible use and design regulations
so that residential developments incorporating a variety of residential types and
containing both individual building sites and common property may be planned and
developed in a unified manner on those large tracts of vacant or predominantly
vacant land that are appropriate for such use.
SD-PMU (Planned Mixed-Use District)
The SD-PMU Planned Mixed-Use Character consists of mixed use areas, the
standards for which were established on a project-by-project basis.
CV (Civic District)
Civic District (CV) is assigned to areas designated for Civic purposes. These may be
Open Space of one or more Civic Space Types allowed within or Adjacent to any
specific Character District or Special District, as well as sites dedicated to significant
Buildings to be used for Civic purposes, such as village halls, Post Offices, Libraries,
Places of Assembly, Places of Worship, and community centers.
- 345.405.A-11 (District Standards) or Table 345.405.B
ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS
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SECTION 345.308
ESTABLISHMENT OF ADDITIONAL
DISTRICTS.
A. Board of Trustees Approval.
Districts in addition to those described in Section
345.305 and Section 345.306 and the Tables
referenced therein, shall be subject to Board of
Trustees’ establishment and assignment of standards
and requirements by zoning text amendment pursuant
to Section 345.125 and Section 345.807.
B. Map Amendment.
Zoning or re-zoning of property to any District
established pursuant to this Section shall be subject
to approval of a Zoning Map amendment pursuant to
Section 345.118.B and Section 345.807.
SECTION 345.309
ELEMENTS & STANDARDS.
Development, re-Development, land, Structures, Buildings,
Improvements, and Lots within each District must include
the elements indicated for such District throughout this
Chapter and must comply with the applicable District
general description and intent thereof and the standards
applicable to such District set forth in Table 345.307
(District Descriptions - Summary), Tables 345.405.A-1
(Civic District Standards) and elsewhere in this Chapter.
SECTION 345.310
ADDITIONAL REQUIREMENTS.
In addition to all standards and requirements that are
applicable to a specific District, all Development, re-
Development, land, Structures, Buildings, Improvements,
and Lots within Districts must comply with all other
applicable standards and requirements of this Chapter,
including without limitation, the Supplemental Standards
set forth in Article 6 (Supplemental Standards).
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28 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
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CD-6T U
29
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ARTICLE 4:
BUILDING & LOT PLANS;
BUILDING & LOT STANDARDS
ARTICLE 4: BUILDING & LOT PLANS; BUILDING & LOT STANDARDS
SECTION 345.401. GENERAL.										31
SECTION 345.402. BUILDING & LOT PLANS. 								31
A. Plan Required.												31
B. Preparation and Requirements.										31
C. Plan Submission. 												31
D. Action on Plan.												31
SECTION 345.403. PREPARATION.										31
SECTION 345.404. PLAN REQUIREMENTS. 								31
A. Compliance. 												31
B. Contents.													31
SECTION 345.405. BUILDING & LOT STANDARDS.							32
A. District Buildings & Lots. 											32
CD-3 Neighborhood Character District.									34
CD-3.R20 R20 One-Family Residence Character District. 						 42
CD-3.R7 R7 One-Family Residence Character District.							50
CD-3.R5 R5 One-Family Residence Character District.							58
CD-4 General Urban Character District.									66
CD-5 Urban Center Character District.									76
CD-5W Urban Center - Waterfront Character District.							 86
CD-6 Urban Core Character District.									96
rban Core TOD Character
SD-PRD Planned Residential Special District.								
SD-PMU Planned Mixed-Use Special District.								
B. Civic District Buildings & Lots. 										
CV Civic District.												
D. Building Placement & Number. 										
District. 106
116
126
134
136
C. Lots. 144
146
ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS
30 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
E. Building Facades. 												
F. Fences & Walls.												
H. Building & Ceiling Height; Floor Finish Elevation.								
I. Roof Type & Pitch.												
J. Building T
K. Uses.
L. Encroachments.												
M. Screens. Streetscreens & Buffers.
N. Vehicular Parking. 												
O. Bicycle Parking. 												
P. Loading Space. 												
Q. Trash R
R. Private Lot Landscape
S. Private Lighting
T. Signage.													
U. Affordable Affirmatively Furthering Fair Housing Units.							
V. Green Building & Infrastructure.										
W. Wireless Telecommunications Facilities									
147
148
G. Private Frontage; Building Form & Building Type; Floor Elevation. 148
161
161
ypes. 162
181
206
206
207
216
217
eceptacles. 217
Standards. 218
223
223
227
227
Standards / Illumination Standards in All Districts. 220
ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS
31
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SECTION 345.401
GENERAL
This Article applies to all Buildings and Lots located or
proposed within the Village, except as otherwise provided
in Section 345.901 with respect to Nonconforming
Uses, Nonconforming Structures, Nonconforming Lots,
Nonconforming Signs, Nonconforming Security Grills, and
Nonconforming Improvements.
SECTION 345.402
BUILDING & LOT PLANS
A. Plan Required.
No Building shall be constructed, re-constructed,
Altered, modified, raised, moved, extended, reduced, or
enlarged, and no Lot or other land shall be Developed,
re-Developed, Improved, subdivided, or re-subdivided,
and none of the same shall be used, except in
compliance with this Article 4, the Zoning Map, and any
applicable Development Parcel Plan, and pursuant to a
Building & Lot Plan that has been prepared, submitted,
reviewed and certified in accordance with this Chapter
and all standards and requirements applicable thereto.
B. Preparation and Requirements.
EachBuilding&LotPlanshallbepreparedinaccordance
with Section 345.403 and Section 345.805.F and shall
conform to the requirements of Section 345.404 and
345.805.F and other provisions hereof.
C. Plan Submission.
Each Building & Lot Plan shall be submitted for review
and action in accordance with Section 345.118.C and
Section 345.805.F.
D. Action on Plan.
Action shall be taken on each Building & Lot Plan
application in accordance with Section 345.118.C and
Section 345.805.F.
SECTION 345.403
PREPARATION.
Each Building & Lot Plan required under this Chapter shall
be prepared and submitted by or on behalf of the Owner of
the applicable property.
Each Building & Lot Plan must be signed by the Owner or
by its duly authorized agent. If signed by an agent, a written
irrevocable durable power of attorney appointing such
agent and authorizing such agent to act on behalf of the
Owner shall accompany the Building & Lot Plan.
SECTION 345.404
PLAN REQUIREMENTS.
Each Building & Lot Plan submitted under this Chapter
shall:
A. Compliance.
Comply with any applicable Development Parcel Plan,
the Zoning Map, and all standards and requirements
of this Chapter, including without limitation those
applicable to the District or Civic District in which the
land covered by such Building & Lot Plan is situated;
and
B. Contents.
Show and include all items required by Section
345.805.F, in compliance with the standards and
requirements of the Zoning Map, any applicable
Development Parcel Plan, and this Chapter, including
without limitation those applicable to the District
or Civic District in which the land covered by such
Building & Lot Plan is situated.
are set forth in Tables 345.405.A-1 - 345.405.A-11
ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS
32 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
SECTION 345.405
BUILDING & LOT STANDARDS
A. District Buildings & Lots
The standards for Buildings and Lots within Districts
(District Standards) and elsewhere in this Article 4.
ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS
33
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CD-3 TABLE 345.405.A-1 DISTRICT STANDARDS:
NEIGHBORHOOD CHARACTER DISTRICT
34
The CD-3 Neighborhood District
consists of primarily a low density
single-family detached Residential
area in which Cottages and Houses
are the predominant Building Types.
It has medium to deep front Setbacks
and medium to wide side Setbacks.
Its Thoroughfares have curbs and
may include Sidewalks and/or street
trees, and form medium to large
blocks.
General Description
35
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36 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC
CD-3 TABLE 345.405.A-1 DISTRICT STANDARDS:
NEIGHBORHOOD CHARACTER DISTRICT
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Zoning Code (PDF).pdf

  • 1. JANUARY 19, 2021 ADOPTED VILLAGE OF PORT CHESTER, NEW YORK CHAPTER 345, ZONING CODE
  • 2.
  • 3. I ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE TABLE OF CONTENTS PREAMBLE ARTICLE 1: GENERAL 1 - WHAT IS A CHARACTER-BASED ZONING CODE? P2 2 - CHARACTER DISTRICTS: THE FRAMEWORK FOR THE PORT CHESTER ZONING CODE P2 3 - CREATING A SOLID FOUNDATION FOR THE CODE P3 4 - PLAN THE PORT VILLAGE ZONING CODE REVISION PROJECT P3 5 - THE PORT CHESTER CHARACTER DISTRICTS P4 6 - ORGANIZATION OF THE VILLAGE ZONING CODE P6 SECTION 345.101 EFFECTIVE DATE. 3 SECTION 345.102 SHORT TITLE. 3 SECTION 345.103 AUTHORITY. 3 SECTION 345.104 COMPREHENSIVE ZONING PLAN. 3 SECTION 345.105 PURPOSES, INTENT & OBJECTIVES. 3 A. General. 3 B. Other Purposes & Objectives. 5 SECTION 345.106 APPLICABILITY. 6 A. General. 6 B. Supersession. 6 C. Exclusive & Mandatory. 6 SECTION 345.107 PLANS UNDER THIS CHAPTER. 6 A. Building & Lot Plans. 6 B. Site Plans. 6 C. Development Parcel Plans. 6 D. Zoning Map. 7 E. Sign Plans. 7 SECTION 345.108 RELATIONSHIP TO PRIVATE COVENANTS & AGREEMENTS. 7 A. Effect of Chapter. 7 B. No Encroachment. 7
  • 4. II VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC SECTION 345.109 RELATIONSHIP TO OTHER LAWS, ETC. 7 A. Precedence of Chapter. 7 B. Effect of Other Laws. 7 C. Effect of Non-Conflicting Provisions. 8 D. Compliance with Other Legal Requirements. 8 E. Compliance with Other Chapters. 8 SECTION 345.110. COMPLIANCE WITH CHAPTER. 8 SECTION 345.111. DEVELOPMENT RESTRICTED WITHIN CERTAIN AREAS. 8 SECTION 345.112. RESTORATIONS & REPAIRS. 8 SECTION 345.113. DEFINED TERMS; CONSTRUCTION OF TERMS. 9 SECTION 345.114. TABLES, MAPS, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, FIGURES, GRAPHICS, DIAGRAMS & DEPICTIONS. 9 A. Table & Map Standards / Requirements. 9 B. Effect of Graphical Material. 9 C. Conflict Between Metrics. 9 SECTION 345.115. PREPARATION & ADOPTION OF ZONING MAP. 9 A. Conformance with Article 2 (Zoning Map). 9 B. Preparation. 10 SECTION 345.116. DETERMINATION OF STANDARDS. 10 SECTION 345.117. ADMINISTRATION. 10 SECTION 345.118. APPLICATIONS. 10 A. Building & Lot Plans. 10 B. Site Plans. 10 C. Development Parcel Plans. 10 D. Special Exception Uses. 11 E. Zoning Text Amendments & Zoning Map Changes. 11 F. Sign Plans. 11 G. Building Permits. 11 SECTION 345.119. WAIVERS. 12 SECTION 345.120. APPEALS & VARIANCES. 12 A. Appeals. 12 B. Variances. 12 SECTION 345.121. VIOLATIONS & PENALTIES; ENFORCEMENT. 12 SECTION 345.122. VALIDITY OF PERMITS ISSUED PRIOR TO EFFECTIVE DATE. 12 A. No Change Required. 12 B. Revocation of Building Permit. 12 SECTION 345.123. TRANSITION RULES. 12 A. Pending Applications. 13 B. Approved Projects. 13 SECTION 345.124. AMENDMENT. 13 SECTION 345.125. SEPARABILITY. 13
  • 5. III ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 2: ZONING MAP SECTION 345.201. ZONING MAP. 17 A. Establishment of Districts. 17 B. Designations on Zoning Map. 17 C. Incorporation into Chapter. 17 D. Maintenance of Zoning Map. 17 E. District Boundaries. 17 F. Adoption by Board of Trustees. 18 SECTION 345.202. SPECIAL REQUIREMENTS. 18 A. Designation on Zoning Map. 18 B. Effect of Designation. 18 SECTION 345.203. CHANGES TO ZONING MAP. 19 SECTION 345.204. ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS. 19 A. Character Districts. 19 B. Civic Districts. 20 C. Special Districts 20 ARTICLE 3: ZONING DISTRICTS & CIVIC ZONES SECTION 345.301. GENERAL. 23 A. Applicability. 23 B. Compliance. 23 SECTION 345.302. CHARACTER DISTRICT DEFINED. 23 SECTION 345.303. SPECIAL DISTRICTS. 23 A. Defined. 23 B. Effect of Special District Designation. 23 C. Limitation on Future CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU & SD-PRD Zoning. 23 SECTION 345.304. CIVIC DISTRICT DEFINED. 23 SECTION 345.305. CHARACTER DISTRICT & SPECIAL DISTRICT DESCRIPTIONS. 23 SECTION 345.306. CIVIC DISTRICT DESCRIPTION. 23 SECTION 345.307. ESTABLISHMENT OF DISTRICTS. 24 A. Districts. 24 SECTION 345.308. ESTABLISHMENT OF ADDITIONAL DISTRICTS. 27 A. Board of Trustees Approval. 27 B. Map Amendment. 27 SECTION 345.309. ELEMENTS & STANDARDS. 27 SECTION 345.310. ADDITIONAL REQUIREMENTS. 27
  • 6. IV VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 4: BUILDING & LOT PLANS; BUILDING & LOT STANDARDS SECTION 345.401. GENERAL. 31 SECTION 345.402. BUILDING & LOT PLANS. 31 A. Plan Required. 31 B. Preparation and Requirements. 31 C. Plan Submission. 31 D. Action on Plan. 31 SECTION 345.403. PREPARATION. 31 SECTION 345.404. PLAN REQUIREMENTS. 31 A. Compliance. 31 B. Contents. 31 SECTION 345.405. BUILDING & LOT STANDARDS. 32 A. District Buildings & Lots. 32 CD-3 Neighborhood Character District. 34 CD-3.R20 R20 One-Family Residence Character District. 42 CD-3.R7 R7 One-Family Residence Character District. 50 CD-3.R5 R5 One-Family Residence Character District. 58 CD-4 General Urban Character District. 66 CD-5 Urban Center Character District. 76 CD-5W Urban Center - Waterfront Character District. 86 CD-6 Urban Core Character Planned Residential Special District. Planned Mixed-Use Special District. Civic District Buildings & Lots. Civic District. Building Placement & Number. Building Facades. F. Fences & Walls. H. Building & Ceiling Height; Floor Finish Elevation. I. Roof Type & Pitch. J. Building T K. Uses. L. Encroachments. M. Screens. Streetscreens & Buffers. N. Vehicular Parking. O. Bicycle Parking. District. 96 B. CV 136 C. Lots. 144 D. 146 E. 147 148 G. Private Frontage; Building Form & Building Type; Floor Elevation. 148 161 161 134 SD-PMU 126 CD-6T U SD-PRD 116 ypes. 162 181 206 206 207 216 rban Core TOD Character District 106
  • 7. V ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE P. Loading Space. Q. Trash R R. Private Lot Landscape S. Private Lighting T. Signage. U. Affordable Affirmatively Furthering Fair Housing Units. V. Green Building & Infrastructure. W. Wireless Telecommunications Facilities ARTICLE 5: DEVELOPMENT PARCEL PLANS & STANDARDS A. Definition of Development Parcel. B. Development Parcel Plans. SECTION 345.502. THOROUGHFARES. A. General. B. Thoroughfare Standards. C. Public Frontages. D. Bicycle Accommodations. E. Public Lighting. F. Public Planting. SECTION 345.503. BLOCK PERIMETER. SECTION 345.504. CIVIC DISTRICTS. B. Civic Spaces - Design. C. Civic Spaces Required. E. Civic Buildings Required. F. Civic Building Standards. SECTION 345.505. CHARACTER DISTRICTS. SECTION 345.506. SPECIAL DISTRICTS. A. Purpose of Special Districts. B. Not to be Used to Avoid Compliance. C. Assignment of Special Districts. SECTION 345.507. SPECIAL REQUIREMENTS. 217 eceptacles. 217 Standards. 218 223 223 227 227 SECTION 345.501. DEVELOPMENT PARCEL STANDARDS. 243 243 243 245 245 245 255 257 261 261 263 263 A. Civic Space Requirement; Civic District Designation. 263 263 270 D. Civic Spaces in or Adjacent to Special Districts. 270 270 270 270 270 G. Maintenance of Civic Buildings & Civic Space. 270 270 271 271 271 Standards / Illumination Standards in All Districts. 220
  • 8. VI VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 6: SUPPLEMENTAL STANDARDS SECTION 345.601. GENERAL. SECTION 345.602. SITE GRADING. A. Design. B. Areas Adjacent to Buildings. C. Unoccupied Site Areas. SECTION 345.603. SITE DRAINAGE. A. Drainage Design & Exposure to Flood Hazards. B. Primary Storm Sewer. C. Secondary Drains. D. Professional Design. SECTION 345.604. SEWAGE SYSTEM. SECTION 345.605. UTILITIES. SECTION 345.606. TRAFFIC CIRCULATION. A. Applicability. B. Streetscape Repairs, Replacements & Improvements. ARTICLE 7: SIGN STANDARDS SECTION 345.701 SIGN ST A. Purpose. B. Compliance. C. Permit Required. D. Violation, Enforcement, & E. Allowed F. Address G. Temporary Signs. H. General Provisions Applicable to All Non-Exempt Signs. I. Electronic Message J. Exempt K. Sign Area Computation. L. Responsibility for Signs M. Non-Conforming Signs. 275 275 275 275 275 276 276 277 277 277 277 277 277 SECTION 345.607. FACILITIES FOR PERSONS WITH DISABILITIES. 277 SECTION 345.608. PRESERVATION OF NATURAL FEATURES. 278 SECTION 345.609. STREETSCAPE REPAIRS, REPLACEMENTS & IMPROVEMENTS. 278 278 278 ANDARDS. 283 283 283 283 Appeal. 283 Signs. 284 Signs. 284 284 284 Boards. 287 Signs. 287 287 288 288 N. Signage in Shopping Centers 288
  • 9. VII ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 8: ADMINISTRATION, PROCEDURE & ENFORCEMENT SECTION 345.801. PURPOSE & INTENT. SECTION 345.802. ADMINISTRATION. A. Authorization of Zoning Administrator. B. Reserved. SECTION 345.803. DECISION-MAKING AUTHORITIES. A. General. B. Board of Trustees. C. Planning Commission. E. Zoning Board of Appeals. SECTION 345.804. REFERRAL BODIES. A. General. B. Development Review C. Architectural Review D. Traffic Commission. E. Waterfront Commission. A. Types of Applications & Development Reviews. B. Exemptions from Development Review . C. Categorization & Pr D. Development Review Procedures. E. Coordination of Approvals. F. Building & Lot G. Site Plans. H. Development Parcel Plans. I. Special Exception Use. J. Other Approvals. SECTION 345.806. APPEALS AND VARIANCES. A. Statement of P B. A C. Jurisdiction of the Zoning Board of E. Review Standard. G. Imposition of Conditions. H. Rehearing. 311 311 311 312 312 312 312 313 D. Planning & Economic Development Zoning Administrator. 313 313 313 313 Committee. 313 Board. 314 314 314 SECTION 345.805. APPLICATIONS & DEVELOPMENT REVIEW PROCEDURES. 314 314 315 e-Application. 315 315 315 Plans. 316 318 323 327 330 330 olicy. 330 uthorization. 331 Appeals. 331 D. Procedures. 331 331 F. Decision Making by the Zoning Board of Appeals; Variances. 332 333 333
  • 10. VIII VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC A. General. B. Zoning Text Amendment. C. Zoning Map SECTION 345.808. PUBLIC NOTICE REQUIREMENTS. A. Intent & Purpose. B. Summary of Notice R C. Published Notice. D. Mailed No E. Posted No F. Notice Defects. G. Additional Notification. H. Modification to Public Notice R SECTION 345.809. SIGN PERMITS. A. Sign Permit R B. C. Application R E. Issuance of Sign Permit. A. Building Permits. B. Certificates of SECTION 345.811. MAINTENANCE OF A. Maintenance of Required B. Performance C. Maintenance Bond / Declaration. D. Prior Approvals. SECTION 345.812. COMPLIANCE RE A. Conditions of C. Revocation of Approvals. A. B. Inspection. C. Notice of Violation and Order to Abate. D. Abatement of Violations. E. Penalties. F. Court G. Other Remedies. H. Remedies Not Exclusive. SECTION 345.807. PROCEDURES FOR ZONING TEXT AMENDMENT OR ZONING MAP CHANGE. 334 334 334 Change. 336 338 338 equired. 338 338 tice. 339 tice. 339 340 340 equirements. 340 341 equired. 341 Applications. 341 equirements. 341 D. Review by Planning & Economic Development Zoning Administrator; Certificate of Compliance. 341 341 F. Location of Signs within a Site Plan or Development Parcel Plan Application. 341 SECTION 345.810. BUILDING PERMITS & CERTIFICATES OF OCCUPANCY. 341 341 Occupancy. 342 APPROVAL. 342 Improvements. 342 Bonding. 342 342 342 QUIRED. 343 Compliance. 343 B. Effect of Mistaken Action Taken or Action Taken in Violation of Chapter. 343 343 SECTION 345.813. VIOLATIONS AND PENALTIES; ENFORCEMENT. 343 Accountability. 343 343 343 344 344 Action. 344 345 345
  • 11. IX ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE SECTION 345.901. NONCONFORMITIES. A. General. B. No Change in Nonconforming Use of C. Cessation of Nonconforming Use of D. Nonconforming Use. E. Nonconforming Structures. F. Nonconforming Lots. G. Nonconforming Signs. H. Nonconforming Security Grills. ARTICLE 9: NONCONFORMITIES ARTICLE 10: DEFINITIONS SECTION 345.1001. WORD USAGE. A. Tense & Number. B. Must; Shall. C. Use. SECTION 345.1002. TERMS. A. Capitalized Terms. B. Undefined Terms. SECTION 345.1003. DEFINED TERMS. SECTION 345.814. PROFESSIONAL EXPENSES. A. Purposes. B. Professional Consultant Review Fees. C. Escrow Accounts. 345 345 345 346 D. New York State Environmental Quality Review Act (SEQRA). 347 351 351 Land. 351 Land. 351 351 352 352 353 354 I. Alternate Method of Legal Nonconforming Use and/or Legal Nonconforming Building or Structure. 354 359 359 359 359 359 359 359 359
  • 12. X VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC TABLE OF TABLES & ILLUSTRATIONS ARTICLE 2: ZONING MAP SECTION 345.204 ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS. Table 345.204 Assignment of Character Districts for Development Parcels > 3 acres 19 ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS SECTION 345.307 ESTABLISHMENT OF DISTRICTS. Table 345.307.A-1 District Descriptions - Summary 25 ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS SECTION 345.405 BUILDING & LOT STANDARDS. Table 345.405.A-1 CD-3 Neighborhood Character District 34 Table 345.405.A-2 CD-3.R20 R20 One-Family Residence Character District 42 Table 345.405.A-3 CD-3.R7 R7 One-Family Residence Character District 50 Table 345.405.A-4 CD-3.R5 R5 One-Family Residence Character District 58 Table 345.405.A-5 CD-4 General Urban Character District 66 Table 345.405.A-6 CD-5 Urban Center Character District 76 Table 345.405.A-7 CD-5W Urban Center - Waterfront Character District 86 Table 345.405.A-8 CD-6 Urban Core Character District 96 Illustration 345.405.C-1 Lot Layers Illustration 345.405.C-2 Sight T Illustration 345.405.D-1 Setback Designations Illustration 345.405.D-2 Principal Building / Accessory Building Table 345.405.G-1 Private Frontage Types Illustration 345.405.I-1 Roof Types Table 345.405.A-9 CD-6T Urban Core TOD Character District 106 Table 345.405.A-10 SD-PRD Planned Residential Character District 116 Table 345.405.A-11 SD-PMU Planned Mixed-Use Character District 126 Table 345.405.B CV Civic District Standards 136 144 riangle 145 146 146 150 Illustration 345.405.G-2 Frontage and Lot Lines 161 161
  • 13. XI ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE Illustration 345.405.I-2 Roof Pitch Illustration 345.405.K-4 Illustration 345.405.M Buffer Table 345.405.N-2 Shared Parking Factor Table 345.405.P-1 Loading Space Requirement Table 345.405.S-2 Private Lighting Types ARTICLE 5: DEVELOPMENT PARCEL PLANS & STANDARDS SECTION 345.501 DEVELOPMENT PARCEL STANDARDS. Illustration 345.501.B-2 Linear Pedestrian Shed SECTION 345.502 THOROUGHFARES. Illustration 345.502.A Thoroughfares Illustration 345.502.B-3 Turning Radius Illustration 345.502.C-1 Public Frontage Table 345.502.D Bikeway Types Table 345.502.E Public Lighting Table 345.502.F Public Planting SECTION 345.503 BLOCK PERIMETER. Table 345.503 Block Perimeter Standards SECTION 345.504 CIVIC ZONES. 161 Table 345.405.J-1 Principal Building Types - Summary 164 Table 345.405.J-2 Principal Building Types – Specific Standards 166 Table 345.405.K-1 Building & Lot Principal Uses 182 Table 345.405.K-2 Building & Lot Accessory Uses 188 Table 345.405.K-3 Building & Lot Temporary Uses 190 Drive-Through 193 207 Table 345.405.N-1 Vehicular Parking Requirements 208 212 Table 345.405.N-3 Off-Street Vehicular Parking Space Dimensions 213 Table 345.405.N-4 Off-Street Compact Vehicle Parking Space Dimensions 214 217 Table 345.405.S-1 Private Lighting Standards 220 221 Table 345.405.U-1 Minimum Size of Affordable AFFH Units 224 Table 345.405.U-2 Occupancy Schedule for Affordable AFFH Units 225 Illustration 345.501.B-1 Standard Pedestrian Shed 244 244 245 Table 345.502.B-1 Thoroughfare Types – Summary 247 Table 345.502.B-2 Thoroughfare Assemblies and Standards 249 255 255 258 261 262 263 Table 345.504.B-1 Civic Space Types - Summary 264
  • 14. XII VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 7: SIGN STANDARDS SECTION 345.701 SIGN STANDARDS. Illustration 345.701 Sign Table 345.701.A Sign Types - ARTICLE 8: ADMINISTRATION, PROCEDURE, & ENFORCEMENT SECTION 345.808 PUBLIC NOTICE REQUIREMENTS. Table 345.808 Public Notice R SECTION 345.814 PUBLIC NOTICE REQUIREMENTS. Table 345.814 Application Escrows ARTICLE 10: DEFINITIONS SECTION 345.1003 DEFINED TERMS. Illustration 345.1003.A-1 Accessory Building Illustration 345.1003.A-2 Alley Illustration 345.1003.A-3 Attic Illustration 345.1003.B-2 Block Illustration 345.1003.C-1 Cellar Illustration 345.1003.C-2 Configuration Illustration 345.1003.C-3 Corner Lot Illustration 345.1003.C-4 Curb Radius Illustration 345.1003.E-1 Elevation Illustration 345.1003.F-1 Facade Illustration 345.1003.F-2 Facade Void Areas Illustration 345.1003.F-3 Finished Grade Illustration 345.1003.F-5 Frontages and Lot Lines Illustration 345.1003.F-6 Front Yard Illustration 345.1003.H-1 Height - Building Illustration 345.1003.I-1 Interior Lot Illustration 345.1003.L-1 Linear Pedestrian Shed Illustration 345.1003.L-2 Liner Building Table 345.504.B-2 Civic Space - Specific Standards 266 Setback 286 Summary 289 Table 345.701.B Sign Types - Specific Standards 292 equirements 338 346 359 360 361 363 364 365 367 368 370 371 371 372 Illustration 345.1003.F-4 Principal Frontage & Secondary Frontage 373 373 374 375 377 378 379
  • 15. XIII ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE Illustration 345.1003.L-3 Loading Area Illustration 345.1003.L-4 Lot Illustration 345.1003.L-5 Lot Layers Illustration 345.1003.L-6 Lot Line Illustration 345.1003.P-1 Passage Illustration 345.1003.P-2 Pedestrian Sheds Illustration 345.1003.P-3 Principal Building Illustration 345.1003.P-4 Principal Frontage Illustration 345.1003.P-5 Private Frontage Illustration 345.1003.P-6 Public Frontage Illustration 345.1003.R-1 Rear Lot Illustration 345.1003.R-2 Rear Yard Illustration 345.1003.S-1 Secondary Frontage Illustration 345.1003.S-2 Setbacks Illustration 345.1003.S-3 Side Lot Illustration 345.1003.S-4 Side Yard Illustration 345.1003.S-5 Sidewalk Illustration 345.1003.S-7 Story Illustration 345.1003.T-1 Terminated Vista Illustration 345.1003.T-2 Thoroughfare Illustration 345.1003.V-1 Vehicular Lane Illustration 345.1003.Y-1 Yard Illustration 345.1003.Y-2 Yield 379 380 380 381 385 386 388 388 388 389 Line 389 390 392 392 Line 393 393 394 Illustration 345.1003.S-6 Standard Pedestrian Shed 395 395 397 398 400 401 401
  • 16. XIV VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC THIS PAGE IS LEFT BLANK INTENTIONALLY.
  • 17. P1 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE PREAMBLE PREAMBLE PREAMBLE 1 - WHAT IS A CHARACTER-BASED ZONING CODE? P2 2 - CHARACTER DISTRICTS: THE FRAMEWORK FOR THE PORT CHESTER ZONING CODE P2 3 - CREATING A SOLID FOUNDATION FOR THE CODE P3 4 - PLAN THE PORT VILLAGE ZONING CODE REVISION PROJECT P3 5 - THE PORT CHESTER CHARACTER DISTRICTS P4 6 - ORGANIZATION OF THE VILLAGE ZONING CODE P6
  • 18. PREAMBLE P2 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC 1 - WHAT IS A CHARACTER-BASED ZONING CODE? Character-based coding represents a change in the way that the built environment is regulated. This shift is necessary because the conventional, use-based approach to zoning has been shown to be ineffective for regulating diverse, urban, mixed-use environments. Port Chester is using character-based regulation to help achieve the overarching goal of the Village of Port Chester Comprehensive Plan to create a vibrant Village that is welcoming to all. Character-based codes foster predictable built results and a high-quality public realm. Unlike conventional land regulation, character-based codes use the intended form and character of a place as the organizing principle, or framework, of the code, rather than focusing predominantly on use. Character-based ordinances regulate a series of important elements to create a high-quality place. Those elements include: At the Building & Lot scale, standards covering: • Lots • Building Placement & Number • Building Facades • Fences & Walls • Private Frontage • Building Form • Building Type • Use • Encroachments • Screens, Streetscreens & Buffers • Vehicular Parking • Bicycle Parking • Loading Space • Trash Receptacles • Private Lot Landscape • Private Lighting • Signs For Development Parcels, standards covering: • Thoroughfares • Public Frontage • Bicycle Accommodations • Public Lighting • Public Planting • Blocks • Civic Space It is also important to note that while character-based regulation emphasizes an intended physical form and character of a place, it also regulates use. Character- based codes often allow a range of uses that are carefully chosen to maximize compatibility between uses and the intended physical form of the area. 2 - CHARACTER DISTRICTS: THE FRAMEWORK FOR THE PORT CHESTER ZONING CODE The Port Chester Zoning Code uses Character Districts that range from primarily single family residential areas to areas that are more urban. The designation of each district is determined first by the character and form, intensity of development, and type of place, and then by the mix of uses within the area. These Character Districts are used to reinforce existing walkable mixed-use environments or to create new ones. NOTE: THIS PREAMBLE IS PROVIDED FOR INFORMATION ONLY AND DOES NOT CONSTITUTE PART OF THE PORT CHESTER ZONING CODE
  • 19. PREAMBLE P3 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE PREAMBLE 3 - CREATING A SOLID FOUNDATION FOR THE CODE The Village adopted its Comprehensive Plan in 2012. Among the goals established by the Plan are the following: • Maintain & Enhance Residential Neighborhoods; • Revitalize Commercial Areas & Waterfront; • Strengthen Industrial Areas; • Improve Transportation & Infrastructure Facilities; and • Improve Opportunities for New Development The Plan established several Planning Intensity Areas, including: • Neighborhood Protection & Enhancement Zones; • Limited Intensity Planning Zones; and • Higher Intensity Planning Zones The Higher Intensity Planning Zones include the Abendroth Avenue / South Main Street Area, the Downtown Train Station Area, and the Central Waterfront. The Limited Intensity Planning Zones include the Kohl’s Shopping Center, the former United Hospital site, the Purdy Avenue area, and the Fox Island area. The Neighborhood Protection & Enhancement Zones include all parts of the Village not included in one of the Intensity Planning Zones, and include the single family residential neighborhoods of the Village. The Plan makes recommendations for the modification of existing and creation of new zoning districts to address the changing built environment and needs of the community. Recognizing that use-based development regulations could not adequately address goals of the Comprehensive Plan or ensure that its vision could be accomplished, the Village initiated a Village Zoning Code Revision Project to revise the Village’s zoning ordinance to focus not only on use, bulk, and intensity of development, but also character, form, and design. 4 - PLAN THE PORT: VILLAGE ZONING CODE REVISION PROJECT Plan the Port included an analysis of the character of the Village and its development patterns. Input was received from Village staff, residents, elected officials, property owners, neighborhood representatives, local professionals, developers, organizations and other interested parties. A planning and coding charette and workshops were conducted, during which the community was engaged, ideas and goals were discussed and implementation strategies were developed. These discussions included alternatives for street design and connectivity and planning strategies for the Village’s centers, corridors, and neighborhoods. The Village’s existing zoning regulations were analyzed and recommendations were made regarding which parts should remain and be modified, which parts should be removed, and where improvement could be made by inserting new provisions.
  • 20. PREAMBLE P4 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC Inspirational illustrative plans were developed for specific parts of the Village’s Planning Intensity Areas -- the Downtown Waterfront, the Lower Waterfront, Boston Post Road, the Train Station, King Street, Fox Island, and Gateway Park. Those Plans and initial coding ideas were presented to the public for feedback. Drafts of the revised zoning code were made available to the public. In addition, a New York State Environmental Quality Review Act (SEQRA) Generic Environmental Impact Statement (GEIS) was prepared, analyzing the potential impacts of the revised Zoning Code and proposed mitigation. 5 - THE PORT CHESTER CHARACTER DISTRICTS As part of the creation of the Village Zoning Code, the team built upon the work of the Village in defining and refining the Village Character Districts. The various elements of urban form were documented for the various areas of the Village to extract the Port Chester-specific “DNA” for each area. Districts, two (2) Special Districts, and a Civic District, as follows: CD-3: Neighborhood Character District This District is for new and redeveloped primarily low density single-family detached residential development. It has medium to deep front Setbacks and medium to wide side Setbacks. Its Thoroughfares have curbs and may include Sidewalks and/or street trees, and form medium to large blocks. CD-3.R20: R20 One-Family Residence Character District This District is assigned to existing predominantly detached single-family residential areas having minimum lot sizes of 20,000 square feet. CD-3.R7: R7 One-Family Residence Character District This District is assigned to existing predominantly detached single-family residential areas having minimum lot sizes of 7,000 square feet. CD-3.R5: R5 One-Family Residence Character District This District is assigned to existing predominantly detached single-family residential areas having minimum lot sizes of 5,000 square feet. The revised Zoning Code contains nine (9) Character
  • 21. setbacks. wide sidewalks, with narrow or no front setback and no side are defined by thoroughfares with curbs, street trees, and wide variety of uses, located near and with connections This District has the highest density and heights, with a CD-6T: Urban Core TOD Character District PREAMBLE P5 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE PREAMBLE CD-4: General Urban Character District The General Urban Character District is a medium density district having a mix of building types and primarily residential, retail / personal service / artisan, office, lodging and civic uses. It has medium, narrow or no front Setbacks and narrow to medium side Setbacks; it has variable private landscaping; and it has Thoroughfares with curbs, Sidewalks and trees that define medium-sized blocks. CD-5: Urban Center Character District The Urban Center Character District is a higher density mixed use district. It has a tight network of thoroughfares with wide sidewalks, street lights and regular tree spacing, defining medium-sized blocks. Buildings are set close to the sidewalk. CD-5W: Urban Center-Waterfront Character District The CD-5W Character District is a higher density mixed use district near the waterfront, which includes water- dependent uses. It has a tight network of streets with wide Sidewalks, street lights and regular tree spacing, defining medium-sized blocks. Buildings are set close to the sidewalk. CD-6: Urban Core Character District This District has higher density and heights, with a wide variety of uses, located near and with connections and access to public transit. This District may be adjacent to Civic Districts with significant Civic Spaces and important Civic Buildings. Its blocks are defined by thoroughfares with curbs, street trees, and wide sidewalks, with narrow or no front setback and no side setbacks. SD-PRD: Planned Residential Special District The PRD Special District is assigned to most of the existing PRD zones. SD-PMU: Planned Mixed Use Special District This Special District is designated for the former United Hospital site and an adjacent parcel. CV: Civic District The Civic District is assigned to areas having a civic purpose, including certain governmental and non-profit uses. The development regulations for each of the Districts have been carefully considered in relation to their context. and access to the Port Chester train station Its blocks
  • 22. PREAMBLE P6 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC PREAMBLE ARTICLE 1: GENERAL ARTICLE 2: ZONING MAP ARTICLE 3: ZONING DISTRICTS AND CIVIC ZONES ARTICLE 6: SUPPLEMENTAL STANDARDS ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS ARTICLE 7: SIGN STANDARDS ARTICLE 5: DEVELOPMENT PARCEL PLANS & STANDARDS ARTICLE 8: ADMINISTRATION, PROCEDURE, & ENFORCEMENT Introduction and overview of the Port Chester Revised Zoning Code. This text is not regulatory. Establishes the zoning districts and civic zones for the Village. Establishes standards that apply to multiple districts for topics such as grading, drainage, sewage, utilities, traffic circulation, ADA facilities, preservation of natural features, and streetscape improvements. Provisions of general applicability. Establishes Building and Lot - scale standards. Provides standards for signage. Provides requirements for the Village zoning map. Establishes standards applicable to Development Parcels. Covers administrative, procedural, and enforcement of, and applications under, the Code. Provides definitions for certain terms used throughout the Code. ARTICLE 10: DEFINITIONS ARTICLE 9: NONCONFORMITIES Provisions for Uses, Buildings, Structures, Lots, security grills, and Signs that do not conform to the standards of the Zoning Code. Establishes standards applicable to Development Parcels. The following provides a brief overview of the organization of the Village Zoning Code. 6 - ORGANIZATION OF THE VILLAGE ZONING CODE
  • 23. 1 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1 ARTICLE 1: GENERAL SECTION 345.101 EFFECTIVE DATE. 3 SECTION 345.102 SHORT TITLE. 3 SECTION 345.103 AUTHORITY. 3 SECTION 345.104 COMPREHENSIVE ZONING PLAN. 3 SECTION 345.105 PURPOSES, INTENT & OBJECTIVES. 3 A. General. 3 B. Other Purposes & Objectives. 5 SECTION 345.106 APPLICABILITY. 6 A. General. 6 B. Supersession. 6 C. Exclusive & Mandatory. 6 SECTION 345.107 PLANS UNDER THIS CHAPTER. 6 A. Building & Lot Plans. 6 B. Site Plans. 6 C. Development Parcel Plans. 6 D. Zoning Map. 7 E. Sign Plans. 7 SECTION 345.108 RELATIONSHIP TO PRIVATE COVENANTS & AGREEMENTS. 7 A. Effect of Chapter. 7 B. No Encroachment. 7 SECTION 345.109 RELATIONSHIP TO OTHER LAWS, ETC. 7 A. Precedence of Chapter. 7 B. Effect of Other Laws. 7 C. Effect of Non-Conflicting Provisions. 8 D. Compliance with Other Legal Requirements. 8 E. Compliance with Other Chapters. 8 SECTION 345.110. COMPLIANCE WITH CHAPTER. 8 SECTION 345.111. DEVELOPMENT RESTRICTED WITHIN CERTAIN AREAS. 8 SECTION 345.112. RESTORATIONS & REPAIRS. 8
  • 24. 2 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 1: GENERAL SECTION 345.113. DEFINED TERMS; CONSTRUCTION OF TERMS. 9 SECTION 345.114. TABLES, MAPS, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, FIGURES, GRAPHICS, DIAGRAMS & DEPICTIONS. 9 A. Table & Map Standards / Requirements. 9 B. Effect of Graphical Material. 9 C. Conflict Between Metrics. 9 SECTION 345.115. PREPARATION & ADOPTION OF ZONING MAP. 9 A. Conformance with Article 2 (Zoning Map). 9 B. Preparation. 10 SECTION 345.116. DETERMINATION OF STANDARDS. 10 SECTION 345.117. ADMINISTRATION. 10 SECTION 345.118. APPLICATIONS. 10 A. Building & Lot Plans. 10 B. Site Plans. 10 C. Development Parcel Plans. 10 D. Special Exception Uses. 11 E. Zoning Text Amendments & Zoning Map Changes. 11 F. Sign Plans. 11 G. Building Permits. 11 SECTION 345.119. WAIVERS. 12 SECTION 345.120. APPEALS & VARIANCES. 12 A. Appeals. 12 B. Variances. 12 SECTION 345.121. VIOLATIONS & PENALTIES; ENFORCEMENT. 12 SECTION 345.122. VALIDITY OF PERMITS ISSUED PRIOR TO EFFECTIVE DATE. 12 A. No Change Required. 12 B. Revocation of Building Permit. 12 SECTION 345.123. TRANSITION RULES. 12 A. Pending Applications. 13 B. Approved Projects. 13 SECTION 345.124. AMENDMENT. 13 SECTION 345.125. SEPARABILITY. 13
  • 25. 3 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1: GENERAL ARTICLE 1 SECTION 345.101 EFFECTIVE DATE. The Effective Date of this Chapter shall be ten (10) days after posting and publication pursuant to Section 345.807.B.6 and thirty (30) days after filing of same with the New York State Secretary of State. SECTION 345.102 SHORT TITLE. This Chapter, as the same may be amended from time to time, shall be known and may be cited as the “Port Chester Zoning Code.” This Chapter is referred to herein as “this Chapter” or “these Regulations”. SECTION 345.103 AUTHORITY. This Chapter has been adopted pursuant to Article VII, Sections 7-700 and 7-704 of the Village Law of the State of New York. SECTION 345.104 COMPREHENSIVE ZONING PLAN. By action of the Village Board of Trustees, the Village has adopted the Village Comprehensive Plan (2012), which together with this Chapter and the adopted Zoning Map, are hereby declared to constitute the comprehensive zoning plan for the Village. The Board of Trustees has determined that such comprehensive zoning plan represents the most beneficial and convenient relationships among the various public and private areas within the Village. Such determination and plan have been made and established having regard to their suitability for the various uses appropriate to each area of the Village and the potentiality of each area for such uses. Such suitability has been determined based on the direction and manner of use of land, as well as building, Development, and economic activity. In each case, such determinations have been made in consideration of conditions and trends both within the Village and with respect to the relation of the Village to areas outside of the Village, and both for its own inhabitants and those of the surrounding area. SECTION 345.105 PURPOSES, INTENT & OBJECTIVES. A. General. This Chapter has been adopted for the protection and promotion of the health, safety, morals and the general welfare of the community, and in furtherance of the following related and more specific objectives: 1. Guidance of Future Growth & Development. Guiding the future growth and development of the Village in accordance with a comprehensive plan of land use and population density; such plan representing the most beneficial and convenient relationships among the various public and private areas within the Village, having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses, as indicated by existing conditions and trends in population, in the direction and manner of use of land, in building, Development, and economic activity, considering such conditions and trends both within the Village and with respect to the relation of the Village to areas outside thereof, both for its own inhabitants and those of the surrounding area; 2. Sustainable Living Conditions Providing adequate light, air and privacy, securing safety from fire and other dangers and preventing overcrowding of the land and an undue congestion of population;
  • 26. 4 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 1: GENERAL 3. Character, Social & Economic Stability. Protecting the character and the social and economic stability of all parts of the Village and encouraging their orderly and beneficial Development; 4. Value of Land & Buildings. Protecting and conserving the value of land throughout the Village and the value of Buildings appropriate to the various Districts and Civic Districts established by this Chapter; 5. Environment & Ecological Systems. Protecting and preserving the natural environment and its ecological systems; 6. Conformity. Bringing about the gradual conformity of the Uses of land and Buildings throughout the Village through the comprehensive zoning plan of the Village and minimizing conflicts among the uses of land and Buildings; 7. Relationship Between Uses & Traffic. Aiding and bringing about the most beneficial relation between the Uses of land and Buildings and the circulation of traffic throughout the Village, having particular regard to the avoidance of congestion in the streets and the provision of safe and convenient traffic access appropriate to the various uses of land and Buildings throughout the Village; 8. Guide for Public Policy & Action. Aiding in providing a guide for public policy and action in the efficient provision of public facilities and services and for private enterprise in building, Development, investment and other economic activity relating to uses of land and Buildings throughout the Village; and 9. Greenway Compact Plan. In accordance with the Greenway Compact Plan adopted by the Village, as amended from time to time, as a statement of policies, principles and guides to supplement other established land use policies; 10. Catering and Events Establishments. It is a purpose of this Chapter to regulate Catering and Events Establishments in order to promote the health, safety and general welfare of the community. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials; 11. Dance Halls and Cabarets. a. Purpose. It is a purpose of this Chapter to regulate dance halls, cabarets, and similar commercial establishments in order to promote the health, safety, and general welfare of the citizens of the Village and the patrons of such establishments and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of such establishments within the Village. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials or any form of expression. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to materials protected by the First Amendment or to deny access by the distributors and exhibitors of entertainment to their intended market.; b. Findings and rationale. Based on evidence of the adverse secondary effects of dance halls, cabarets, and similar commercial establishments, including certain kinds of adult entertainment establishments,
  • 27. 5 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1: GENERAL ARTICLE 1 presented in hearings and in reports made available to the Village Board of Trustees, and on findings, interpretations and narrowing constructions incorporated in the cases of Dallas v. Stanglin, 490 U.S. 19 (1989); Festa v. New York City Dept. of Consumer Affairs, 820 N.Y.S.2d 452 (N.Y. Sup. 2006), aff’d with modification, 830 N.Y.S.2d 133, 37 A.D.3d 343 (N.Y. App. Div. 2007), appeal dismissed by, 872 N.E.2d 870 (N.Y. 2007); Inc. Village of Babylon v. John Anthony’s Water Cafe, Inc., 137 A.D.2d 792, 525 N.Y.S.2d 337 (N.Y. App. Div. 1988); Cemco Rest., Inc. v. Ten Park Ave. Tenants Corp., 135 A.D.2d 461, 552 N.Y.S.2d 151 (N.Y. App. Div. 1987); Lyn v. Inc. Village of Hempstead, No. 03-CV-5041, 2007 WL 1876502 (E.D.N.Y. June 28, 2007); and Willis v. Town of Marshall, 426 F.3d 251 (4th Cir. 2005) ; City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Erie v. Pap’s A.M., 529 U.S. 277 (2000); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Buzzetti v. City of New York, 140 F.3d 134 (2d Cir. 1998); Gold Diggers, LLC v. Town of Berlin, 469 F. Supp. 2d 43 (D. Conn. 2007); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); and Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005), the Board of Trustees finds: i. Dance halls and cabarets, as a category of commercial uses, are associated with a wide variety of adverse secondary effects, including, but not limited to, personal and property crimes, noise and traffic congestion, prostitution, potential spread of disease, lewdness, public indecency, illicit drug use and drug trafficking and negative impacts on surrounding properties. ii. Dance halls and cabarets should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses. iii. Each of the foregoing negative secondary effects constitutes a harm which the Village has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the Village’s rationale for this section, exists independent of any comparative analysis between subcategories of commercial entertainment establishments. Additionally, the Village’s interest in regulating dance halls and cabarets extends to preventing future secondary effects of either current or future businesses that may locate in the Village. The Village finds that the cases and documentation relied on in this section are reasonably believed to be relevant to said secondary effects; c. The Village hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of dance halls and cabarets, including the judicial opinions and reports related to such secondary effects. B. Other Purposes & Objectives. In addition to the purposes and objectives set forth in Sections 345.105.A above, this Chapter has been adopted for other purposes and objectives provided elsewhere in this Chapter.
  • 28. 6 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 1: GENERAL SECTION 345.106 APPLICABILITY. A. General. This Chapter, the Zoning Map, and the standards and requirements of this Chapter, are applicable to all Development, re-Development, Improvements, land, Structures, Alterations, modifications, construction, re-construction, Buildings, Lots, and Uses within the Village. B. Supersession. This Chapter supersedes and replaces in its entirety Chapter 345 as the same has heretofore been in effect. C. Exclusive & Mandatory. This Chapter shall be the exclusive and mandatory zoning regulation for the Village. SECTION 345.107 PLANS UNDER THIS CHAPTER. This Chapter contemplates several types of plans, as follows: A. Building & Lot Plans. 1. Purpose of Building & Lot Plans. A Building & Lot Plan is a Plan that includes the information required by Section 345.404 and demonstrates compliance with all requirements of Article 4 (Building & Lot Plans; Building & Lot Standards) related to such requirements, specifically as related to the Building & Lot requirements of this Chapter. 2. Condition to Subdivision, Plat, or Building Permit. A Building & Lot Plan certified by the Planning & Economic Development Zoning Administrator pursuant to Section 345.805.F as being in compliance with Article 4 (Building & Lot Plans; Building & Lot Standards) is a condition to issuance of a Building Permit or approval of a subdivision or plat. A Site Plan is a Plan that includes the information requiredbySection345.805.G.2anddemonstrates compliance with all requirements of this Chapter related to such information. 2. When Plan Required. A Site Plan is required when one of the situations identified in Section 345.805.G.1 is applicable. C. Development Parcel Plans. 1. Development Parcel Plan Defined. A Development Parcel Plan is a Plan that includes the information required by Section 345.805.G.3.b and demonstrates compliance with all requirements of this Chapter related to such requirements, specifically as related to the Development Parcel requirements of this Chapter. 2. Development Parcel Defined. a. That, either alone or together with one or more other parcels under a common Development scheme, program or plan, is for SD-PMU, or SD-PRD Character Districts: B. Site Plans. 1. Purpose of Site Plans. A Development Parcel is a parcel of land that is not within the CD-3.R20, CD-3.R7, CD-3.R5, five (5) more gross acres; or b. With respect to a Development of which any new Thoroughfare or extension or change of the design of any existing Thoroughfare is required or will be made or proposed; or any Thoroughfare alignment proposed to be made or changed by a Zoning Map Change encompassing five (5) or more acres other than one prepared by or on behalf of the Village. c. With respect to any District assignment or
  • 29. 7 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1: GENERAL ARTICLE 1 3. When Plan Required. D. Zoning Map. 1. Official Zoning Map. When adopted, the Zoning Map, as may be amended from time to time, shall be the Village’s Official Zoning Map. The Official Zoning Map shall be maintained digitally on the Village’s website. 2. Map Elements. The adopted Zoning Map, and any proposed Zoning Map amendment, shall include designations of Districts, Civic Districts, and any Special Requirements. E. Sign Plans. 1. Purpose. A Sign Plan is a plan that includes the information required by Section 345.701 and demonstrates compliance with the Sign standards of Article 7 (Sign Standards). 2. When Plan Required. A Sign Plan is required as part of each Sign Permit Application. SECTION 345.108 RELATIONSHIP TO PRIVATE COVENANTS & AGREEMENTS. A. Effect of Chapter. It is not intended by this Chapter to interfere with or abrogate or annul any Easement, covenant or other agreement between parties; provided, however, that when this Chapter imposes a greater restriction upon the Use of Structures, premises, Lots, or land, or upon height of Structures, or requires larger Lots, Yards, or other Open Spaces than imposed or required by such other provision of law, ordinance or regulation, or by any such Easement, covenant, or agreement, the provisions of this Chapter shall control. B. No Encroachment. No provision contained in this Chapter shall be construed as justifying the Encroachment of any Structure within any Thoroughfare lines now or hereafter laid down on any subdivision plat filed in the office of the County Clerk or within any federal, state, county or Village Thoroughfare. SECTION 345.109 RELATIONSHIP TO OTHER LAWS, ETC. A. Precedence of Chapter. The provisions of this Chapter shall take precedence over those of other Village, County, and State laws, codes, ordinances, regulations, and standards that may be in conflict with this Chapter, except Village, County, and State Health and Safety Codes. B. Effect on Other Laws. Nothing contained in this Chapter shall be taken to repeal, abrogate, annul or in any way impair or interfere with Village Code Chapter 151 (Building Code Administration and Enforcement) or any rules or regulations adopted or issued thereunder, or any other A Development Parcel Plan, certified by the Planning & Economic Development Zoning Administrator pursuant to Section 345.805.H, is required as part of any application for issuance or approval of a subdivision or plat, Building Permit, Building & Lot Plan, or Site Plan that relates to a Development Parcel, and as part of each application for Zoning Map encompassing five (5) or more acres other than one prepared by or on behalf of the Village.
  • 30. 8 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 1: GENERAL existing or future law, code, ordinance, regulation, or standard that is not in conflict with this Chapter. C. Effect of Non-Conflicting Provisions. Without limitation to Sections 345.109.A and 345.109.B, except as expressly superseded by this Chapter, the Existing Local Codes, including without limitation, the Village Subdivision Regulations and the Village Building Administration and Enforcement Code, shall continue to be applicable to matters not covered by this Chapter, except where the Existing Local Codes are inconsistent with, or in conflict with, this Chapter. D. Compliance with Other Legal Requirements. Without limitation to any other provision of the Village Code, it shall be a condition to issuance of all Certificates of Occupancy and the Use of all land and Improvements in the Village that all necessary federal, state, county and Village licenses and permits for the Use and operation of such land and Improvements shall have been validly obtained and remain at all times in full force and effect. E. Compliance with Other Chapters. Reference is hereby made to the provisions of the following Chapters and Appendices of the Village Code: Chapter 79 (Map, Official), Chapter 90 (Planning Commission), Chapter 151 (Building Code Administration and Enforcement), Chapter 155 (Catering and Events Establishments), Chapter 160 (Convalescent Homes), Chapter 165 (Dance Halls and Cabarets), Chapter 175 (Fees), Chapter 181 (Flood Damage Prevention), Chapter 224 (Noise), Chapter 245 (Property Maintenance), Chapter 254 (Restaurants), Chapter 298 (Theaters), Chapter 301 (Towers and Antennas), Chapter 304 (Trees and Shrubbery), Chapter 312 (Underground Utilities), and Chapter A402 (Land Subdivision Regulations). Without limitation to any other means by which a violation of any of the Chapters or Appendices listed in this Section 345.109.E may be enforced, any such violation shall constitute a violation of this Chapter and may be enforced as such under Article 8 (Administration, Procedure & Enforcement) hereof. SECTION 345.110 COMPLIANCE WITH CHAPTER. Except for non-conformances allowed pursuant to Article 9 (Nonconformities) or as otherwise provided in this Chapter, all Development, re-Development, land, Lots, Improvements, Structures, and all Uses, construction, re- construction, modifications, Alterations, raising, moving, extension, and enlargements thereof, and all parts thereof, and all Plans, applications, requests, and submissions required or made under this Chapter, must comply with this Chapter and the applicable standards, requirements, and conditions of this Chapter, including without limitation (a) the provisions for the District or Civic District in which the same or any part thereof are located on the Zoning Map, (b) any license, permit, approval, certification, or authorization issued pursuant to this Chapter, and (c) any applicable Plan approved or certified under this Chapter. SECTION 345.111 DEVELOPMENT RESTRICTED WITHIN CERTAIN AREAS. Notwithstanding anything to the contrary contained or implied in this Chapter, unless specifically approved by action of the Board of Trustees, no Development shall occur within the bounds of an existing or future Thoroughfare, Civic Space, or other public facility shown or described in the Village Comprehensive Plan, the Village Official Map, or other planning documents. SECTION 345.112 RESTORATIONS & REPAIRS. When any Building is declared unsafe by a Code Enforcement Officer or Building Inspector, nothing in this
  • 31. Table 345.405.A-1 – 345.405.A-11 (District 9 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1: GENERAL ARTICLE 1 Chapter shall prevent compliance with lawful requirements or strengthening or restoring the same to a safe condition. SECTION 345.113 DEFINED TERMS; CONSTRUCTION OF TERMS. Certain capitalized terms used throughout this Chapter are defined in Article 10 (Definitions). Such definitions are integral to this Chapter. Uncapitalized terms and terms not so defined shall be accorded their commonly accepted meanings unless otherwise provided in this Chapter. In the event of conflicts between the definitions in this Chapter and the definitions of the Existing Local Codes, those of this Chapter shall take precedence as applied to this Chapter. SECTION 345.114 TABLES, MAPS, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, FIGURES, GRAPHICS, DIAGRAMS, & DEPICTIONS. A. Table & Map Standards / Requirements. The standards and requirements of Tables herein and the adopted Zoning Map are integral parts of this Chapter. B. Effect of Graphical Material. 1. Table Graphics. The diagrams, photographs and illustrations in Standards), Table 345.405.B (Civic District Standards), Table 345.405.G-1 (Private Frontage Types), Table 345.405.J-1 (Principal Building Types Summary), Table 345.405.J-2 (Principal Building Types - Specific Standards), Table 345.502.B.1 (Thoroughfare Types - Summary), Table 345.502.B.2 (Thoroughfare Assemblies & Standards), Table 345.502.D (Bikeway Types), Table 345.502.E (Public Lighting Types), Table 345.502.F (Public Planting), Table 345.504.B-1 (Civic Space Types - Summary), Table 345.405.S-2 (Private Lighting Types), and Table 345.504.B-2 (Civic Space Types - Specific Standards) are provided onlytoindicatethegeneralcharacterorplacement of and/or reference to the various Districts, Civic Districts, and Civic Spaces, and elements thereof, shown thereon, and they shall have regulatory force and effect only to that extent. 2. Illustrations, Figures, & “Illustrative” Material. All graphical and tabular depictions entitled “Illustration” or “Figure”, or denoted as “illustrative” are provided for illustrative, explanatory purposes only and are not regulatory. 3. Certain Illustrations. The illustrations in Table 345.502.F (Public Planting), Table 345.502.E (Public Lighting Types), and Table 345.405.S-1 (Private Lighting Types) are provided only as an approximation of the Planting Types and Lighting Types shown and they shall have regulatory force and effect only to that extent. C. Conflict Between Metrics. Where in conflict, numerical metrics shall take precedence over graphic metrics. SECTION 345.115 PREPARATION & ADOPTION OF ZONING MAP. A. Conformance with Article 2 (Zoning Map). Each Zoning Map or Zoning Map Change must conform to the requirements of Article 2 (Zoning Map).
  • 32. 10 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 1: GENERAL B. Preparation. The Zoning Map for the Village to be applicable upon the Effective Date of this Chapter must be prepared by or on behalf of the Village and adopted simultaneously with this Chapter. SECTION 345.116 DETERMINATION OF STANDARDS. The Board of Trustees has established the standards in this Chapter and, upon approval of the Zoning Map or any amendment thereof, such standards are applicable to the Village. SECTION 345.117 ADMINISTRATION. Except as otherwise expressly provided herein, this Chapter shall be administered by the Zoning Administrators, as more specifically provided in Article 8 (Administration, Procedure & Enforcement) hereof. SECTION 345.118. APPLICATIONS. A. Building & Lot Plans. 1. Submission. A Building & Lot Plan must be submitted to the Planning & Economic Development Zoning Administrator for review. 2. Certificate Required. No Development, r e - D e v e l o p m e n t , Improvement, subdivision, re-subdivision, construction, re-construction, or Alteration, modification of or on any Building, Lot or parcel of land shall occur without prior submission of a complete Building & Lot Plan application for review and the Planning & Economic Development Zoning Administrator’s issuance pursuant to Section 345.805.F of a Certificate of Compliance with respect to a Building and Lot Plan that complies with Article 4 (Building and Lot Plans & Standards). 3. Ordinary Maintenance or Repair Exempt. A Building and Lot Plan is not required for Ordinary Maintenance or Repair of an existing Structure. B. Site Plans. 1. Governed by Article 8. An application for approval of a Site Plan shall be processed, reviewed, and acted upon pursuant to Article 8 (Administration, Procedure & Enforcement). 2. When Plan Required. Except for Single-Family Detached Dwellings, no Development, re-Development, Improvement, subdivision, re-subdivision, construction, re- construction, modification or Alteration of or on any Building, Lot or parcel of land shall occur unless a Site Plan has been approved therefor. 3. Ordinary Maintenance or Repair Exempt. ASitePlanisnotrequiredforOrdinaryMaintenance or Repair of an existing Structure. C. Development Parcel Plans. 1. Submission. A Development Parcel Plan, if required by Article 5 (Development Parcel Plans & Standards), shall be submitted as follows: a. If not related to a request for Zoning Map Change, as part , of the application for approval of the Site Plan, and in addition to satisfaction of all other applicable Site Plan application requirements, such Site Plan may be approved only upon the Planning & Economic Development Zoning Administrator's
  • 33. 11 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1: GENERAL ARTICLE 1 2. Certificate Required. If such certificate is required by Section 345.501.B.1, no Development, re-Development, Improvement, subdivision, re-subdivision, construction, re-construction, modification or Alteration of or on any Building, Lot, or parcel of land shall occur without prior submission of a complete application for review and the Planning & Economic Development Zoning Administrator’s issuance pursuant to Section 345.805.H.5.b. of a Certificate of Compliance with respect to a Development Parcel Plan that complies with Section 345.501.B.2. D. Special Exception Uses. 1. Governed by Article 8 (Administration, Procedures & Enforcement). An application for approval of a Special Exception Use shall be processed, reviewed, and acted upon pursuant to Article 8 (Administration, Procedures & Enforcement). 2. When Plan Required. A Special Exception Use may be permitted by the Planning Commission for those Special Exception Uses indicated for a District or Civic District as “SE” on Table 345.405.K-1 (Building & Lot Principal Uses), Table 345.405.K-2 (Building & Lot Accessory Uses), or Table 345.405.K-2 (Building & Lot Temporary Uses) in accordance with Section 345.805.B. 2. Ordinary Maintenance or Repair Exempt. A Special Exception Use is not required for Ordinary Maintenance or Repair of an existing Structure. E. Zoning Text Amendments & Zoning Map Changes. Applications for approval of Zoning Text Amendments or Zoning Map Changes that are determined by the Planning & Economic Development Zoning Administrator to be complete shall be certified as such and forwarded for further processing, review, consideration and/ or action, as applicable, by the Board of Trustees under Article 8 (Administration, Procedures & Enforcement). F. Sign Plans. An application for approval of a Sign Plan shall be processed, reviewed, and acted upon pursuant to Article 7 (Sign Standards). G. Building Permits. An application for issuance of a Building Permit shall be processed, reviewed, and acted upon in accordance with Chapter 151 (Building Code Administration and Enforcement) and applicable state law; provided that no Building Permit shall be issued unless and until all certification that the Development Parcel Plan complies with all applicable Development Parcel standards and requirements of Article 5 (Development Parcel Plans & Standards); or b. If related to a request for Zoning Map Change encompassing five (5) acres or more other than one prepared by or on behalf of the Village, as a part of the application for approval of the applicable Zoning Map Change, and in addition to satisfaction of all other applicable zoning application requirements, such Zoning Map Change may be approved only upon the Planning & Economic Development Zoning Administrator’s certification that the Development Parcel Plan complies with all applicable Development Parcel standards and requirements of Article 5 (Development Parcel Plans & Standards).
  • 34. 12 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC ARTICLE 1: GENERAL certifications and approvals required pursuant to this Chapter have been issued or granted, as applicable. SECTION 345.119 WAIVERS. To the extent expressly provided in this Chapter with respect to any standard or requirement hereof, a Waiver of such standard or requirement may be granted by the Planning & Economic Development Zoning Administrator upon written request of an Applicant if allowance of such Waiver is determined by the Planning & Economic Development Zoning Administrator to be consistent with the intent of this Chapter. SECTION 345.120 APPEALS AND VARIANCES. A Appeals. Appeals from decisions or determinations under this Chapter may be taken in accordance with Section 345.806.D. B. Variances. Variances may be granted by the Zoning Board of Appeals pursuant to Section 345.806.D to deviate from a standard or requirement otherwise applicable under this Chapter, or otherwise applicable to any land, Lot, Improvement, Building, or Structure regulated under this Chapter. SECTION 345.121 VIOLATIONS AND PENALTIES; ENFORCEMENT. Penalties for and enforcement of any violation of this Chapter shall be as provided in Article 8 (Administration, Procedures & Enforcement). SECTION 345.122 VALIDITY OF PERMITS ISSUED PRIOR TO EFFECTIVE DATE. A. No Change Required. Nothing in this Chapter shall require any change in the plan, construction or designated Use of a Structure or Improvement for which a lawful Building Permit has been issued prior to the Effective Date of this Chapter, any amendment of this Chapter, or any amendment of the Zoning Map, provided that: 1. Construction Commenced. The construction of such Structure or Improvement must have been begun and diligently prosecuted within three (3) months from the date of such permit; and 2. Completion. The entire Structure or Improvement must be completed and a Certificate of Occupancy or Temporary Certificate of Occupancy must be received according to such filed and approved plans upon which the issuance of such permit was based, within one (1) year from the Effective Date of this Chapter or any such amendment thereto or to the Zoning Map. B. Revocation of Building Permit. Without limitation to other enforcement remedies available to the Village, in the event that either Section 345.122.A.1 or Section 345.122.A.2 is not complied with, such Building Permit shall be revoked pursuant to Article 8 (Administration, Procedures & Enforcement). SECTION 345.123 TRANSITION RULES. The following transitional regulations will resolve the status of properties with pending or approved applications at the time of adoption of this Chapter:
  • 35. 13 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 1: GENERAL ARTICLE 1 A. Pending Applications. Any complete application that has been submitted or accepted for approval, but upon which no final action has been taken by the appropriate Decision-Making Authority prior to the Effective Date of this Chapter, shall be reviewed in accordance with the provisions of Chapter 345 in effect on the date the application was deemed complete by the Village. If the Applicant fails to comply with any applicable required period for submittal or other procedural requirements, the application shall expire and subsequent applications shall be subject to the requirements of this Chapter. Any re-application for an expired project approval must meet the standards in effect at the time of re- application. An Applicant with a pending application may waive review available under the prior Chapter 345 through a written letter to the Department of Planning & Economic Development Zoning Administrator and request review under the provisions of this Chapter. B. Approved Projects. Approved Site Plans, Variances, Special Exception Use approvals, or Building Permits that are valid on the Effective date of this Chapter shall remain valid until their expiration date, where applicable. Plans approved under the prior Chapter 345 that are valid on the Effective Date of this Chapter shall also remain valid until their expiration date, where applicable. SECTION 345.124 AMENDMENT. This Chapter may be amended from time to time in accordance with Section 345.807.B hereof. SECTION 345.125 SEPARABILITY. In case any provision of this Chapter shall be held invalid or unenforceable by a court of competent jurisdiction, it shall not affect any other Article, Section or provision as long as the invalid or unenforceable portion can be separated from the remainder of the provisions.
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  • 37. 15 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 2 ARTICLE 2: ZONING MAP SECTION 345.201. ZONING MAP. 17 A. Establishment of Districts. 17 B. Designations on Zoning Map. 17 C. Incorporation into Chapter. 17 D. Maintenance of Zoning Map. 17 E. District Boundaries. 17 F. Adoption by Board of Trustees. 18 SECTION 345.202. SPECIAL REQUIREMENTS. 18 A. Designation on Zoning Map. 18 B. Effect of Designation. 18 SECTION 345.203. CHANGES TO ZONING MAP. 19 SECTION 345.204. ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS. 19 A. Character Districts. 19 B. Civic Districts. 20 C. Special Districts 20
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  • 39. ARTICLE 2: ZONING MAP 17 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 2 SECTION 345.201 ZONING MAP. A. Establishment of Districts. Districts are established in Section 345.307. Establishment of any other Districts shall be in accordance with Section 345.308. B. Designations on Zoning Map. Districts, Thoroughfares, and any Special Requirements, as referred to in this Chapter and approved by the Board of Trustees, shall be bounded or otherwise shown and designated on the Zoning Map and any amendment thereto, as adopted by the Board of Trustees pursuant to this Chapter. C. Incorporation into Chapter. The Zoning Map, as may be subsequently amended from time to time, and all notations, references and explanatory and other matter thereon, is incorporated into and made a part of this Chapter by reference. D. Maintenance of Zoning Map. The adopted Zoning Map shall be kept on file in the Village offices and the Planning & Economic Development Zoning Administrator shall maintain a digital copy of the Zoning Map on the Village’s website, reflecting all amendments approved by the Board of Trustees. E. District Boundaries. 1. Establishment of Boundaries. The boundaries of each of the Districts identified in Section 345.207 are hereby established as shown on the duly adopted Zoning Map. 2. Intent. The District boundary lines, unless shown otherwise, are intended generally to follow Thoroughfare center lines, railroad right-of-way boundary lines or their center lines, other similar right- of-way lines, or Lot Lines, boundaries of subdivisions, or Village boundary lines, all as shown on the Zoning Map. Where a District boundary line does not follow such a line, but is shown parallel to such a line on the Zoning Map, the distance between the parallel lines shall be as dimensioned on the Zoning Map. Such dimensions shall be construed to read from the outside edge of all rights-of-way rather than from their center lines. 3. Discrepancy in Map and Physical Boundaries. Where the Thoroughfare layout actually on the ground varies from the Thoroughfare layout shown on the Zoning Map, the designation shown on the mapped Thoroughfare shall be applied in such a way as to carry out the Planning & Economic Development Zoning Administrator’s determination as to the purpose and intent of the Zoning Map for the particular area in question. 4. Determination of Boundary Location. When the location of a District boundary line cannot be otherwise determined, the determination thereof shall be made by the Planning & Economic Development Zoning Administrator by scaling the distance on the Zoning Map from a line of known location to such District boundary line. 5. Appeal to Zoning Board of Appeals. Inthecaseofuncertaintyastothetruelocationof a District boundary line in a particular instance, an appeal of the Planning & Economic Development Zoning Administrator’s determination may be taken to the Zoning Board of Appeals, as provided in Article 8 (Administration, Procedure & Enforcement).
  • 40. ARTICLE 2: ZONING MAP 18 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC 6. Boundary Dividing Lot. When a District boundary line divides a Lot in a single ownership at the Effective Date of this Chapter, any amendment thereto, or any amendment of the Zoning Map, the Zoning Board of Appeals may permit extension into one District of a lawful conforming use existing in the other District, as hereinafter provided in Article 8 (Administration, Procedure & Enforcement). 7. Underwater Lands. All lands within the Village that are underwater shall be considered to be zoned in accordance with the District applied to the upland Adjacent to them as if any District boundary line shown on the Zoning Map as intersecting the water’s edge was projected across such water body to the intersection of the Village boundary line or other District boundaries. 8. Lot or Parcel in More than One Jurisdiction. If any Lot or parcel of land is situated partially within the Village and partially within one or more other jurisdictions, the portion of such Lot or parcel land situated within the Village must comply with the Village standards and requirements for the applicable Village District. F. Adoption by Board of Trustees. The Zoning Map shall be adopted by the Board of Trustees upon the Effective Date. The Zoning Map may be amended from time to time through adoption by the Board of Trustees at a regularly scheduled meeting. SECTION 345.202 SPECIAL REQUIREMENTS. A. Designation on Zoning Map. The Zoning Map and any amendment thereto may designate any of the Special Requirements listed in Section 345.202.2.B below. If there is any conflict between an applicable Special Requirement and another standard or requirement, the Special Requirement shall be controlling. B. Effect of Designation. If a Zoning Map or any amendment designates any one or more of such Special Requirements, such designation indicates that the following requirements shall be applied as follows: 1. Shopfront Frontage. A Shopfront Frontage designation requires that each Private Frontage within the designated area be provided a Shopfront Frontage at Sidewalk level, except at any allowed Driveways or Streetscreen areas, as provided in Table 345.405.G-1 (Private Frontage Types) and specified in Article 4 (Building & Lot Plans; Building & Lot Standards). 2. Mandatory Retail Frontage. A Mandatory Retail Frontage designation requires that each Private Frontage within the designated area be provided a Shopfront Frontage at Sidewalk level, except at any allowed Driveways or Streetscreen areas, as provided in Table 345.405.G-1 (Private Frontage Types) and specified in Article 4 (Building & Lot Plans; Building & Lot Standards) and that the ground level be available for Retail Use.
  • 41. CD-6T Not Regulated ARTICLE 2: ZONING MAP 19 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE 3. Terminated Vista. A Terminated Vista designation requires that a Building be provided with a cupola, chimney, entry feature, or habitable tower that intersects the centerline axis of the view to which they respond. 3. Cross Block Passage. A Cross Block Passage designation requires that a minimum 10-foot-wide pedestrian access be reserved between Buildings. 4. Special Height Range. A designation of Special Height Range requires that Buildings within the designated area comply with the Height noted rather than the Height standard that otherwise would be applicable within the District, as applicable. 5. Residential/Dwelling Use Restriction. A designation of Residential/Dwelling Use Restriction prohibits Uses categorized as Residential/Dwelling Uses in Table 345.405.K-1 (Building & Lot Principal Use) within the ground floor of Buildings within the designated area, irrespective of whether Residential/Dwelling Use would otherwise be permitted within the applicable District. 6. Residential/Dwelling Use Only. A designation of Residential/Dwelling Use Only requires that the only Principal Uses that are allowed within the designated area are Uses categorized as Residential/Dwelling in Table 345.405.K-1 (Building & Lot Principal Use), irrespective of whether other Principal Uses would otherwise be permitted within the applicable District. SECTION 345.203 CHANGES TO ZONING MAP. Any change to the adopted Zoning Map shall be subject to compliance with the requirements and procedures of this Chapter, including without limitation, submission, review and approval of an application for approval of a proposed Zoning Map amendment that complies with all standards, conditions, and requirements of this Chapter, in accordance with Article 8 (Administration, Procedure & Enforcement). SECTION 345.204 ASSIGNMENT OF DISTRICTS FOR DEVELOPMENT PARCELS. A. Character Districts. CD District % of Development Parcel Net Site Area CD-3 10-30% CD-3.R20 0% CD-3.R7 0% CD-3.R5 0% CD-4 30-60% CD-5 10-30% CD-5W Not Regulated CD-6 Not Regulated NOTE: See Article 5 for Civic District Requirements Village must be in accordance with the percentages of Net Site Area indicated in Table 345.204 (Assignment of Character Districts for Development Parcels > 5 Acres). For any Development Parcel over five (5) gross acres excluding any Special Districts, assignment of each Character District type (i.e., CD-3, CD-3. R20, CD-3.R7, CD-3.R5, CD-4, CD-5, CD-5W, CD- 6, or CD-6T) for any Zoning Map Change other than one prepared by or on behalf of the ARTICLE 2 TABLE 345.204 ASSIGNMENT OF CHARACTER DISTRICTS FOR DEVELOPMENT PARCELS > 5 ACRES
  • 42. ARTICLE 2: ZONING MAP 20 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC B. Civic Districts. Civic Districts must be assigned within Development Parcels in accordance with Article 5 (Development Parcel Plans & Standards). C. Special Districts. 1. Limitation on Assignment. a. A Special District may be assigned to an area within a Development Parcel only if such area, due to the intrinsic size, Use, Building Placement, Building Elements, Building Configuration, Building type, or other Building and Development characteristics, cannot conform to one or more of the applicable Character Districts or standards therefor specified in this Chapter. b. Special Districts shall not be used to avoid compliancewithstandardsandrequirements for Character Districts, and instead, shall be used sparingly. 2. Zoning Map Amendment. Assignment of Special Districts shall be subject to approval as a Zoning Map amendment pursuant to Article 8 (Administration, Procedure & Enforcement). All applications for and approvals of a Zoning Map Change covering a Development Parcel over five (5) acres excluding any Special Districts must be in accordance with this Section 345.204.
  • 43. 21 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 3 ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS ARTICLE 3: ZONING DISTRICTS AND CIVIC ZONES SECTION 345.301. GENERAL. 23 A. Applicability. 23 B. Compliance. 23 SECTION 345.302. CHARACTER DISTRICT DEFINED. 23 SECTION 345.303. SPECIAL DISTRICTS. 23 A. Defined. 23 B. Effect of Special District Designation. 23 C. Limitation on Future CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU & SD-PRD Zoning. 23 SECTION 345.304. CIVIC DISTRICT DEFINED. 23 SECTION 345.305. CHARACTER DISTRICT & SPECIAL DISTRICT DESCRIPTIONS. 23 SECTION 345.306. CIVIC DISTRICT DESCRIPTION. 23 SECTION 345.307. ESTABLISHMENT OF DISTRICTS. 24 A. Districts. 24 SECTION 345.308. ESTABLISHMENT OF ADDITIONAL DISTRICTS. 27 A. Board of Trustees Approval. 27 B. Map Amendment. 27 SECTION 345.309. ELEMENTS & STANDARDS. 27 SECTION 345.310. ADDITIONAL REQUIREMENTS. 27
  • 44. ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS 22 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC THIS PAGE IS LEFT BLANK INTENTIONALLY.
  • 45. Summary) and Tables 345.405.A-1 - 345.405.A-11 ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS 23 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 3 parcel, Lot and Building standards, as applicable, as described in Section 345.405. C. Limitation on Future CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU & SD- PRD Zoning. Notwithstanding anything to the contrary contained or implied in this Chapter, zoning of land to District CD-3. R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD shall be available only to the parcels designated as such, respectively, upon the Effective Date, and no District designation of District CD-3.R20, CD-3.R7, CD-3.R5, SD-PMU, or SD-PRD shall be available for any future rezoning of any property within the Village. SECTION 345.304 CIVIC DISTRICT DEFINED. Civic District is defined in Article 10 (Definitions). SECTION 345.305 CHARACTER DISTRICT AND SPECIAL DISTRICT DESCRIPTIONS. Character District and Special District descriptions are set forth in Table 345.307 (District Descriptions - (District Standards). SECTION 345.306 CIVIC DISTRICT DESCRIPTION. Civic District is described in Table 345.405.B (Civic District Standards). Civic Spaces are described in Table 345.504.B-1 (Civic Space Types Summary). SECTION 345.301 GENERAL. A. Applicability. This Article 3 applies to Districts to the extent provided herein. B. Compliance. Except for non-conformances allowed pursuant to Article 9 (Nonconformities) or as otherwise provided in this Chapter, with respect to each District, as applicable, all Development, re-Development, land, Lots, Improvements, and Structures, and all Uses, construction, re-construction, modifications, Alterations, and enlargements thereof, and all parts thereof, and all Plans, applications, requests, and submissions for proposals required or made under this Chapter, must include the elements required by and must comply with this Article 3 and the applicable standards, requirements, and conditions of this Article and any license, permit, approval, certification, or authorization issued pursuant to this Chapter, any applicable approved Site Plan or other approval granted under this Chapter. SECTION 345.302 CHARACTER DISTRICT DEFINED. Character District is defined in Article 10 (Definitions). SECTION 345.303 SPECIAL DISTRICTS. A. Defined. Special District is defined in Article 10 (Definitions). B. Effect of Special District Designation. If a Special District is designated for an area on the Zoning Map or any amendment thereof, such area is subject to certain Special District Development,
  • 46. 345.405.A-1 - 345.405.A-11 (District Standards) 12. Civic District 11. Special District – SD-PMU (Planned Mixed 10. Special District – SD-PRD (Planned 9. Character District CD-6T (Urban Core TOD) ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS 24 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC SECTION 345.307 ESTABLISHMENT OF DISTRICTS. A. Districts. For the purposes of this Chapter, there are hereby established within the Village, and the Village is hereby divided into, the following zoning districts, each of which is described in Section 345.305 and Section 345.306 and the Tables referenced therein, and the District standards for which are set forth for Buildings and Lots in Section 345.405, and for Development Parcels in Sections 345.501 – 345.507 and Tables and Table 345.405.B (Civic District Standards): 1. Character District CD-3 (Neighborhood) 2. Character District CD-3.R20 (R20 One- Family Residence District) 3. Character District CD-3.R7 (R7 One-Family Residence District) 4. Character District CD-3.R5 (R5 One-Family Residence District) 5. Character District CD-4 (General Urban) 6. Character District CD-5 (Urban Center) 7. Character District CD-5W (Urban Center - Waterfront) 8. Character District CD-6 (Urban Core) Residential District) Use District)
  • 47. ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS 25 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 3 TABLE 345.307.A-1 DISTRICT DESCRIPTIONS- SUMMARY Districts CD-3 (Neighborhood) The CD-3 Neighborhood District consists of primarily a low density single-family detached Residential area in which Cottages and Houses are the predominant Building Types. It has medium to deep front Setbacks and medium to wide side Setbacks. Its Thoroughfares have curbs and may include Sidewalks and/or street trees, and form medium to large blocks. CD-3.R20 (R20 One-Family Residence District) The CD-3.R20 One Family Residential Character District consists of primarily a low density single-family detached Residential area. It has a minimum Lot size of 20,000 SF and a minimum Usable Open Space of 5,000 SF. CD-3.R7 (R7 One-Family Residence District) The CD-3.R7 One Family Residential Character District consists of primarily a low density single-family detached Residential area. It has a minimum Lot size of 7,000 SF and a minimum Usable Open Space of 3,500 SF. CD-3.R5 (R3 One-Family Residence District) The CD-3.R5 One Family Residential Character District consists of primarily a low density single-family detached Residential area. It has a minimum Lot size of 5,000 SF and a minimum Usable Open Space of 2,000 SF. CD-4 (General Urban) The CD-4 General Urban Character District consists of a medium density area that has a mix of Building Types and primarily Residential, Retail / Personal Service / Artisan, Office, Lodging and Civic Uses; there are medium, narrow or no front Setbacks and narrow to medium side Setbacks; it has variable private landscaping; and it has Thoroughfares with curbs, Sidewalks and trees that define medium-sized blocks. CD-5 (Urban Center) The CD-5 Urban Center Character District consists of higher density Mixed Use areas. It has a tight network of Thoroughfares with wide Sidewalks, street lights and regular tree spacing, defining medium-sized blocks. Buildings are set close to the Sidewalks.
  • 48. street trees, and wide sidewalks, with narrow or no front setback and no side setbacks. the Port Chester train stationt. Its Blocks are defined by Thoroughfares with curbs, height with a wide variety of Uses, located near and with connections and access to The CD-6T Urban Core TOD Character District consists of the highest density and CD-6T (Urban Core TOD) ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS 26 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC TABLE 345.307.A-1 DISTRICT DESCRIPTIONS - SUMMARY Districts CD-5W (Urban Center - Waterfront) The CD-5W Urban Center-Waterfront Character District consists of higher density Mixed Use areas near the waterfront, including water-dependent uses. It has a tight network of Thoroughfares with wide Sidewalks, street lights and regular tree spacing, defining medium-sized blocks. Buildings are set close to the Sidewalks. CD-6 (Urban Core) The CD-6 Urban Core Character District consists of higher density and height with a wide variety of Uses, located near and with connections and access to Public Transit. This District may be Adjacent to Civic Districts with significant Civic Spaces and important Civic Buildings. Its Blocks are defined by Thoroughfares with curbs, street trees, and wide sidewalks, with narrow or no front setback and no side setbacks. SD-PRD (Planned Residential Development It is the purpose of the Planned Residential Development Special District (SD-PRD) to provide performance criteria as the basis for flexible use and design regulations so that residential developments incorporating a variety of residential types and containing both individual building sites and common property may be planned and developed in a unified manner on those large tracts of vacant or predominantly vacant land that are appropriate for such use. SD-PMU (Planned Mixed-Use District) The SD-PMU Planned Mixed-Use Character consists of mixed use areas, the standards for which were established on a project-by-project basis. CV (Civic District) Civic District (CV) is assigned to areas designated for Civic purposes. These may be Open Space of one or more Civic Space Types allowed within or Adjacent to any specific Character District or Special District, as well as sites dedicated to significant Buildings to be used for Civic purposes, such as village halls, Post Offices, Libraries, Places of Assembly, Places of Worship, and community centers.
  • 49. - 345.405.A-11 (District Standards) or Table 345.405.B ARTICLE 3: ZONING DISTRICTS & CIVIC DISTRICTS 27 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 3 SECTION 345.308 ESTABLISHMENT OF ADDITIONAL DISTRICTS. A. Board of Trustees Approval. Districts in addition to those described in Section 345.305 and Section 345.306 and the Tables referenced therein, shall be subject to Board of Trustees’ establishment and assignment of standards and requirements by zoning text amendment pursuant to Section 345.125 and Section 345.807. B. Map Amendment. Zoning or re-zoning of property to any District established pursuant to this Section shall be subject to approval of a Zoning Map amendment pursuant to Section 345.118.B and Section 345.807. SECTION 345.309 ELEMENTS & STANDARDS. Development, re-Development, land, Structures, Buildings, Improvements, and Lots within each District must include the elements indicated for such District throughout this Chapter and must comply with the applicable District general description and intent thereof and the standards applicable to such District set forth in Table 345.307 (District Descriptions - Summary), Tables 345.405.A-1 (Civic District Standards) and elsewhere in this Chapter. SECTION 345.310 ADDITIONAL REQUIREMENTS. In addition to all standards and requirements that are applicable to a specific District, all Development, re- Development, land, Structures, Buildings, Improvements, and Lots within Districts must comply with all other applicable standards and requirements of this Chapter, including without limitation, the Supplemental Standards set forth in Article 6 (Supplemental Standards).
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  • 51. CD-6T U 29 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 4 ARTICLE 4: BUILDING & LOT PLANS; BUILDING & LOT STANDARDS ARTICLE 4: BUILDING & LOT PLANS; BUILDING & LOT STANDARDS SECTION 345.401. GENERAL. 31 SECTION 345.402. BUILDING & LOT PLANS. 31 A. Plan Required. 31 B. Preparation and Requirements. 31 C. Plan Submission. 31 D. Action on Plan. 31 SECTION 345.403. PREPARATION. 31 SECTION 345.404. PLAN REQUIREMENTS. 31 A. Compliance. 31 B. Contents. 31 SECTION 345.405. BUILDING & LOT STANDARDS. 32 A. District Buildings & Lots. 32 CD-3 Neighborhood Character District. 34 CD-3.R20 R20 One-Family Residence Character District. 42 CD-3.R7 R7 One-Family Residence Character District. 50 CD-3.R5 R5 One-Family Residence Character District. 58 CD-4 General Urban Character District. 66 CD-5 Urban Center Character District. 76 CD-5W Urban Center - Waterfront Character District. 86 CD-6 Urban Core Character District. 96 rban Core TOD Character SD-PRD Planned Residential Special District. SD-PMU Planned Mixed-Use Special District. B. Civic District Buildings & Lots. CV Civic District. D. Building Placement & Number. District. 106 116 126 134 136 C. Lots. 144 146
  • 52. ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS 30 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC E. Building Facades. F. Fences & Walls. H. Building & Ceiling Height; Floor Finish Elevation. I. Roof Type & Pitch. J. Building T K. Uses. L. Encroachments. M. Screens. Streetscreens & Buffers. N. Vehicular Parking. O. Bicycle Parking. P. Loading Space. Q. Trash R R. Private Lot Landscape S. Private Lighting T. Signage. U. Affordable Affirmatively Furthering Fair Housing Units. V. Green Building & Infrastructure. W. Wireless Telecommunications Facilities 147 148 G. Private Frontage; Building Form & Building Type; Floor Elevation. 148 161 161 ypes. 162 181 206 206 207 216 217 eceptacles. 217 Standards. 218 223 223 227 227 Standards / Illumination Standards in All Districts. 220
  • 53. ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS 31 ©2020 Town Planning & Urban Design Collaborative LLC VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ARTICLE 4 SECTION 345.401 GENERAL This Article applies to all Buildings and Lots located or proposed within the Village, except as otherwise provided in Section 345.901 with respect to Nonconforming Uses, Nonconforming Structures, Nonconforming Lots, Nonconforming Signs, Nonconforming Security Grills, and Nonconforming Improvements. SECTION 345.402 BUILDING & LOT PLANS A. Plan Required. No Building shall be constructed, re-constructed, Altered, modified, raised, moved, extended, reduced, or enlarged, and no Lot or other land shall be Developed, re-Developed, Improved, subdivided, or re-subdivided, and none of the same shall be used, except in compliance with this Article 4, the Zoning Map, and any applicable Development Parcel Plan, and pursuant to a Building & Lot Plan that has been prepared, submitted, reviewed and certified in accordance with this Chapter and all standards and requirements applicable thereto. B. Preparation and Requirements. EachBuilding&LotPlanshallbepreparedinaccordance with Section 345.403 and Section 345.805.F and shall conform to the requirements of Section 345.404 and 345.805.F and other provisions hereof. C. Plan Submission. Each Building & Lot Plan shall be submitted for review and action in accordance with Section 345.118.C and Section 345.805.F. D. Action on Plan. Action shall be taken on each Building & Lot Plan application in accordance with Section 345.118.C and Section 345.805.F. SECTION 345.403 PREPARATION. Each Building & Lot Plan required under this Chapter shall be prepared and submitted by or on behalf of the Owner of the applicable property. Each Building & Lot Plan must be signed by the Owner or by its duly authorized agent. If signed by an agent, a written irrevocable durable power of attorney appointing such agent and authorizing such agent to act on behalf of the Owner shall accompany the Building & Lot Plan. SECTION 345.404 PLAN REQUIREMENTS. Each Building & Lot Plan submitted under this Chapter shall: A. Compliance. Comply with any applicable Development Parcel Plan, the Zoning Map, and all standards and requirements of this Chapter, including without limitation those applicable to the District or Civic District in which the land covered by such Building & Lot Plan is situated; and B. Contents. Show and include all items required by Section 345.805.F, in compliance with the standards and requirements of the Zoning Map, any applicable Development Parcel Plan, and this Chapter, including without limitation those applicable to the District or Civic District in which the land covered by such Building & Lot Plan is situated.
  • 54. are set forth in Tables 345.405.A-1 - 345.405.A-11 ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS 32 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC SECTION 345.405 BUILDING & LOT STANDARDS A. District Buildings & Lots The standards for Buildings and Lots within Districts (District Standards) and elsewhere in this Article 4.
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  • 56. CD-3 TABLE 345.405.A-1 DISTRICT STANDARDS: NEIGHBORHOOD CHARACTER DISTRICT 34
  • 57. The CD-3 Neighborhood District consists of primarily a low density single-family detached Residential area in which Cottages and Houses are the predominant Building Types. It has medium to deep front Setbacks and medium to wide side Setbacks. Its Thoroughfares have curbs and may include Sidewalks and/or street trees, and form medium to large blocks. General Description 35
  • 58. ARTICLE 4: BUILDING AND LOT PLANS & STANDARDS 36 VILLAGE OF PORT CHESTER, NEW YORK | CHAPTER 345 ZONING CODE ©2020 Town Planning & Urban Design Collaborative LLC CD-3 TABLE 345.405.A-1 DISTRICT STANDARDS: NEIGHBORHOOD CHARACTER DISTRICT