§ 331-13. Provisions governing lots., Article IV. General District Regulations, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Lot for every building. Every building hereafter erected shall be located on a lot and there shall be no more than one principal building and its accessory buildings on one lot except for multifamily and nonresidential buildings in districts where such uses are permitted.

Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building, such separation shall be effected in a manner which will not impair conformity with any of the requirements of this chapter with respect to the existing building and all yards and other required spaces in connection therewith. No permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this chapter. All subdivisions and/or apportionments shall be submitted to the Planning Board per Chapter A361 of the City Code.

New building on lots smaller than required. A building permit may be issued for the erection of a one-family residential building on a lot in a one-family residential district which was located in the R1-7.5 or the R1-10 District prior to May 19, 2005, notwithstanding that the lot frontage or lot area of such lot is less than that required for the district in which such lot is located at the time of issuance of the building permit, provided that 1) such lot met the lot frontage and lot area requirements in effect for such lot in the R1-7.5 or R1-10 District, as the case may be, prior to May 19, 2005, and 2) such lot was in different ownership than any other lot or lots contiguous thereto on May 19, 2005, and still is in different ownership as of the date of issuance of the building permit. In addition, a permit may be issued for the erection of a building for a permitted use on a lot for which a valid conveyance has been recorded prior to April 18, 1955, notwithstanding that the area or dimensions of such lot are less than that required for the district in which such lot is located, provided that:

[Amended 5-19-2005 by Ord. No. 120-2005]

(1)

The lot met the zoning requirements at the time the deed to the lot was created.

(2)

All yard setbacks and other building related requirements which are in effect at the time of the obtaining of the building permit are complied with; provided, however, that in a one- or two-family residence district, the permitted floor area ratio may be increased to allow the construction of a dwelling which meets the minimum floor area requirement of the district in which it is located or so much thereof as may be possible within the limits of the required yard setbacks.

(3)

The ownership of such lot was not the same as any other lot or lots contiguous thereto on April 18, 1955, and still is not the same as of the date of issuance of the building permit. If that is not the case, such other lot or lots, or so much thereof as may be necessary, shall be combined with the first-named lot to make one or more conforming lots, whereupon a permit may be issued, but only for such combined lots. Where the required area or dimensions of lots are changed by an amendment to this chapter, any lot legally in existence on that date and made nonconforming by such amendment may be built upon as provided in this section.

(4)

The lot is shown on a subdivision plat filed in the Westchester County Clerk's Office.

[Added 5-13-2008 by Ord. No. 108-2008; amended 10-16-2012 by Ord. No. 171-2012]

Minimum distance between buildings on the same lot.

(1)

In all residence districts the minimum distance between principal buildings shall equal at least the average height of such buildings at the points where such buildings are closest to one another.

(2)

The minimum distance between any principal building and any accessory building shall in no case be less than the height of the accessory building but in no case less than 10 feet. See § 331-45A(1)(c).

Major development subdivision of certain building lots in the DMU, DMUR, MUFE, and DB Districts. Notwithstanding other provisions in this chapter, a building lot located in the DMU Downtown Mixed-Use District, DMUR Downtown Mixed-Use Urban Renewal District, MUFE Mixed-Use Family Entertainment District, or the DB Downtown Business District, which contains at least 75,000 square feet of horizontal lot area (the development site) and on which at least 300,000 square feet of building gross floor area is constructed or approved to be constructed, may be horizontally and/or vertically subdivided into Building Lots which do not comply with the bulk and dimensional requirements of this chapter (major development lots), provided that:

[Amended 9-20-2005 by Ord. No. 225-2005]

(1)

Each such major development lot shall contain at least 1,000,000 cubic feet of area;

(2)

All major development lots which together constitute the development site shall be subject to one combined and integrated approval under the State Environmental Quality Review Act (SEQRA) and, as may be applicable, one combined and integrated site plan, subdivision, special permit and/or variance approval;

(3)

Each of such major development lots shall be serviced by separate water, sanitary sewer and storm sewer utility lines;

(4)

All of the major development lots which together constitute a development site shall be subject to a declaration of covenants and easements, recorded against all such major development lots, in form and substance acceptable to the Corporation Counsel of the City, and to which all mortgages and liens (except for the lien of real property taxes) on such lots shall be subordinated, containing the following at a minimum:

(a)

Cross-easements for structural support, utilities, pedestrian, vehicular, and emergency services access, and off-street parking between or among such major development lots;

(b)

A requirement that the owner of each major development lot maintain a policy of commercial general liability insurance providing liability insurance against claims for bodily injury, death and property damage occurring in, on or about such owner's major development lot, including property damage as a result of fire or other casualty, and that such policy shall name all of the owners of the other major development lots as additional insureds;

(c)

Covenants that require the owner of each major development lot to maintain the building(s) and/or structure(s) located on such owner's major development lot in accordance with commercially accepted first class standards, and, if applicable, as is necessary to ensure the continued structural and functional integrity of all of the buildings and structures constructed on the development site, and that give each owner a right of self-help upon the failure of any owner to perform its maintenance obligations;

(d)

A requirement that the major development lot which has the most at-grade frontage along the public sidewalks which adjoin the development site shall be solely and entirely responsible for maintenance, repair and replacement of and shall assume all liability for all of the sidewalks and curbs which adjoin the development site; and

(e)

In the event the City cannot after due diligence determine which between or among such major development lots is responsible for a violation of City state, and/or federal codes and/or regulations regarding maintenance of the properties and/or buildings on such major development lots, the City may serve the owners of all such major development lots with such violations and all such owners shall consent to the jurisdiction of the court hearing such violations.

(5)

Dimensional. parking, and sign requirements, as set forth this chapter and the Sign Ordinance, shall be applied as though the entire development site were one building lot;

Editor's Note: See Ch. 270, Signs.

(6)

A subdivision of a development site shall be considered a major development subdivision subject to this Subsection E even if there are fewer than three major development lots; and

(7)

The plat for the subdivision shall be in a format acceptable for filing in the Westchester County Clerk's Office.