This chapter is officially known, cited and referred to as the
"Land Use Regulations and Zoning Ordinance." It is referred to throughout
this document as the "Zoning Ordinance."
This chapter is a local law establishing zoning and planning
regulations for the Village of Dobbs Ferry and providing for the administration
and enactment of those regulations, pursuant to Article 7 of the Village
Law of the State of New York, as amended. This chapter has been adopted
and enacted by the Village Board of Trustees of the Village of Dobbs
Ferry by virtue of the power and authority vested in it by law.
The effective date of this chapter shall be September 28, 2010.
The regulations of this chapter apply to all land development,
public or private, within the limits of the Village of Dobbs Ferry,
unless otherwise expressly exempted or provided in this chapter.
The Village of Dobbs Ferry has adopted this Zoning Ordinance
for the purposes of:
A.
Promoting the public health, safety and general welfare;
B.
Implementing adopted plans, including the Dobbs Ferry Vision Plan;
C.
Preserving the overall quality of life for residents and visitors;
D.
Promoting sustainable growth, while protecting the natural, social
and cultural environment of the Village;
E.
Protecting the character of established residential neighborhoods;
F.
Maintaining economically vibrant as well as attractive business and
commercial areas;
G.
Promoting pedestrian, bicycle and transit use;
H.
Maintaining orderly and compatible land use and development patterns;
I.
Ensuring adequate light, air, privacy and access to property;
J.
Promoting the protection, rehabilitation and reuse of older buildings;
K.
Maintaining a diverse range of housing choices and options;
L.
Establishing clear and efficient development review and approval
procedures; and
M.
Accommodating growth and development that complies with the preceding
stated purposes.
Any nonconformity under the previous ordinance shall also be
a nonconformity under this chapter, unless the standards of this chapter,
or any subsequent amendment, are such that the previous nonconformity
is now permitted. For example, a nonconforming use under the previous
ordinance may become conforming if this chapter permits the use in
the zoning district where the property is located, where such use
was formerly prohibited.
A.
Pursuant to the provisions of § 44-0119 of the Environmental
Conservation Law of the State of New York, the Village of Dobbs Ferry
hereby adopts the statement of policies, principles, and guides detailed
in the four compendiums titled "Tourism and Economic Development Plan
(April 1997)," "Hudson River Waterfront Present and Future (June 1998),"
"Building Livable Downtowns (June 1999)" and "Growing Smarter Together
(September 2000)," and "Patterns for Westchester: The Land and The
People," which together comprise the Westchester County Greenway Compact
Plan (the "compact plan"), by which the Village of Dobbs Ferry becomes
a participating community in the Greenway Compact.
B.
Proposals to amend the Compact plan may from time to time be made
by the Hudson River Greenway Communities Council (hereinafter referred
to as "Greenway Council") in response to requests from participating
communities. Within 90 days of receipt of any such proposal from the
Greenway Council, or as soon thereafter as possible, the Board of
Trustees of the Village of Dobbs Ferry shall determine by resolution
whether to accept or to reject such proposed amendment. Any proposed
amendment so accepted shall be considered an amendment of the compact
plan as adopted by the Village of Dobbs Ferry. Any proposed amendment
rejected by the Board of Trustees will not be considered to be an
amendment of the Greenway Plan for the Village of Dobbs Ferry, and
notice of such rejection shall promptly be provided to the Greenway
Council.
C.
It is the stated policy of the Village of Dobbs Ferry that, to the
extent the Village amends its current or enacts new land use laws
and regulations, such new or amended laws and regulations, where appropriate,
should be designed to be consistent with the compact plan.
A.
The Village of Dobbs Ferry has adopted a local waterfront revitalization
program (LWRP), prepared in accordance with the Waterfront Revitalization
of Coastal Areas and Inland Waterways Act (New York State Executive
Law, Article 42). This LWRP implements rules and regulations in Part
600 of Title 19 NYCRR.
B.
Dobbs Ferry's LWRP identifies the landward and waterside boundaries
of the waterfront revitalization area as comprising the entire jurisdiction
of the Village, including its underwater lands.
C.
Dobbs Ferry's LWRP identifies a number of primary long-term planning
goals and establishes policies and recommendations, including the
following:
(1)
Create a strong Historic Hudson River Town identity for Dobbs Ferry
and encourage the preservation of Dobbs Ferry's historic, archaeological
and cultural heritage;
(2)
Preserve scenic views of the Hudson River and the natural character
of the Dobbs Ferry waterfront and develop a visually and environmentally
sensitive approach to waterfront development;
(3)
Revitalize the waterfront and downtown areas by fostering economic
development initiatives that will ensure the long-term sustainability
of these areas;
(4)
Increase active and passive recreational opportunities at Waterfront
Park and other waterfront locations and expand opportunities for water-related
activities;
(5)
Improve public access to the waterfront and link gateway areas, downtown
and North-South routes to the Dobbs Ferry waterfront; and
(6)
Provide zoning, planning and building guidelines and long-term planning
policies for the appropriate development and preservation of waterfront
and downtown area resources.
B.
Headings, illustrations and captions. Headings, illustrations and
captions are provided for convenience and reference only and do not
define or limit the scope of any provision of this chapter. In case
of any difference of meaning or implication between the text of this
chapter and any heading, drawing, table, figure or illustration, the
text controls.
C.
Numbering. Text within the Zoning Ordinance is divided into articles, sections, subsections, paragraphs, subparagraphs, and so on. The first three numerals in a section number correspond to the chapter of the Village Code in which the section is located — Chapter 300 in the case of this chapter. The article number is found immediately following the dash in the section number. The numerals following the article number identify the section number. Thus, "§ 300-1.5" identifies the fifth section of Article I of Chapter 300. Subsequent subsections, paragraphs, subparagraphs, etc., are identified with consecutive letters or numbers on a separate line.[1]
[1]
Editor's Note: For purposes of codification and to maintain
the style of the Village's Code, this ordinance was renumbered with
consecutive section numbering at time of adoption of Code.
D.
Delegation of authority. Whenever a provision appears requiring the
head of a department or another officer or employee of the Village
to perform an act or duty, that provision shall be construed as authorizing
the department head or officer to delegate that responsibility to
others over whom they have authority, unless such delegation of authority
is expressly prohibited by the provisions of this chapter.
E.
Specific rules of construction. The following rules of construction
apply to the text of this chapter:
(1)
Words used in the present tense include the future.
(2)
The singular number includes the plural, and the plural number includes
the singular.
(3)
The word "person" includes individuals and organizations, including
corporations, firms, partnerships, associations and joint ventures,
and combinations of one or more types of organizations, as well as
any individual acting on their behalf.
(4)
The words "occupied" or "used," as applied to any land or building,
shall be construed as though followed by the words "or intended, arranged
or designed to be occupied or used."
(5)
The particular shall control the general.
(6)
The words "shall," "must," "will" and "may not" are mandatory.
(7)
The word "may" is permissive. The word "should" is advisory but is
not mandatory or required.
(8)
The word "building" includes "structure"; the word "structure" includes
"building"; a "building" or "structure" includes any part thereof.
(9)
The word "premises" shall include land and the buildings thereon.
(10)
The word "lot" includes the words "plot" and "parcel."
(11)
Unless the context clearly indicates otherwise, where a regulation
involves two or more items or provisions connected by a conjunction,
the conjunction shall be interpreted as follows:
(12)
The word "includes" shall not limit a term to the specified
examples but is intended to extend its meaning to all other instances
or circumstances of like kind or character.
(13)
Unless the context clearly indicates otherwise, all distances
in this chapter shall be measured horizontally.
F.
Fractions.
(1)
Minimum requirements. When a regulation is expressed in terms of
a minimum requirement, any fractional result of 0.5 or more must be
rounded up to the next consecutive whole number, and any fractional
result of less than 0.5 may be rounded down to the previous consecutive
whole number. For example, if a minimum requirement of one tree for
every 30 linear feet is applied to a fifty-foot dimension, the resulting
fraction of 1.67 is rounded up to two required trees.
(2)
Maximum limits. When a regulation is expressed in terms of maximum
limits, any fractional result will be rounded down to the next lower
whole number. For example, if a maximum limit of one dwelling unit
for every 2,500 square feet is applied to a 7,250 square foot lot,
the resulting fraction of 2.9 is rounded down to 2 (allowed dwelling
units).
G.
Diagrams, lists and examples. Unless otherwise expressly indicated,
diagrams, lists of items or examples that use "including," "such as,"
or similar terms are intended to provide examples only. They are not
to be construed as exhaustive lists of all possibilities.
The provisions of this chapter are the minimum requirements
deemed necessary to carry out the Zoning Ordinance's stated purpose
and intent. Site characteristics and constraints along with the implementation
of the standards of this chapter may preclude the development of a
specific site to the maximum density or bulk otherwise permitted by
the Zoning Ordinance.
A.
Conflict with state or federal regulations. If the provisions of
this chapter are inconsistent with those of the state or federal government,
the more restrictive provision will control, to the extent permitted
by law. The more restrictive provision is the one that imposes greater
restrictions or more stringent controls on development.
B.
Conflict with other Village regulations. If the provisions of this
chapter are inconsistent with one another, or if they conflict with
provisions found in other adopted ordinances or regulations of the
Village, the more restrictive provision will control. The more restrictive
provision is the one that imposes greater restrictions or more stringent
controls on development.
C.
Conflict with private agreements and covenants. This chapter is not
intended to interfere with, abrogate or annul any otherwise legal
easement, covenant, deed restriction or other agreement between private
parties. If the provisions of this chapter impose a greater restriction
than imposed by a private agreement, the provisions of this chapter
will control. If the provisions of a valid, enforceable private agreement
impose a greater restriction than this chapter, the provisions of
the private agreement will control. The Village does not enforce private
agreements.
The following chapters of the Dobbs Ferry Village Code, together
with all changes and amendments thereto, are hereby repealed and declared
to be of no effect due to incorporation within this chapter:
A.
Chapter 8: Architectural Review Board.
B.
Chapter 24: Conservation Advisory Board.
C.
Chapter 72: Planning Board.
D.
Chapter 105: Advertisements.
E.
Chapter 131: Buildings, Demolition of.
F.
Chapter 261: Signs.
G.
Chapter 268: Subdivision Regulations.
H.
Chapter 270: Swimming Pools.
I.
Chapter 272: Tattooing.
J.
Chapter 281: Trees.
A.
Applications submitted before effective date. Development applications
or reapplications or requests for permit renewal or reinstatement
that were submitted in complete form as determined by the Land Use
Officer and are pending approval before the effective date may be
reviewed wholly under the terms of the zoning ordinance in effect
immediately before this chapter ("previous ordinance"), and which
this chapter supersedes in its entirety on the effective date, or
may be reviewed wholly under the terms of this chapter. Whether such
review takes place under the previous ordinance or under this chapter
shall be at the discretion of the applicant. All development applications
or reapplications or requests for permit renewal or reinstatement
submitted on or after the effective date shall be subject to and reviewed
wholly under the terms of this chapter.
B.
Projects approved before the effective date. Development projects
granted approval before the effective date may proceed through the
permitting process, even if such building, development or structure
does not fully comply with provisions of this chapter. Time extensions
on the approvals may be granted by the Board which granted the approval
prior to the effective date.
C.
Permits issued before the effective date. Any building, development
or structure for which a building permit was issued before the effective
date may be completed in conformance with the issued building permit
and other applicable permits and conditions, even if such building,
development or structure does not fully comply with provisions of
this chapter. If building is not commenced and diligently pursued
within the time allowed under the original permit or any extension
granted, then the building, development or structure must be constructed,
completed and occupied only in strict compliance with the standards
of this chapter.
D.
Violations continue. Any violation of the previous ordinance will continue to be a violation under this chapter and shall be subject to penalties and enforcement under § 300-29 and any other relevant provision of the Zoning Ordinance and/or the Code of the Village of Dobbs Ferry. If the use, development, construction or other activity that was a violation under the previous ordinance complies with the express terms of this chapter, enforcement action will cease, except to the extent of collecting penalties for violations that occurred before the effective date. The adoption of this chapter does not affect or prevent any pending or future prosecution of, or action to abate, violations of the previous ordinance that occurred before the effective date.
