The following zoning districts are established:
|
District Category
|
District Name
|
Abbreviation
|
|---|---|---|
|
Residential
|
One-Family Residential 1
|
OF-1
|
|
One-Family Residential 2
|
OF-2
| |
|
One-Family Residential 3
|
OF-3
| |
|
One-Family Residential 4
|
OF-4
| |
|
One-Family Residential 5
|
OF-5
| |
|
One-Family Residential 6
|
OF-6
| |
|
Mixed Density Residential 1
|
MDR-1
| |
|
Mixed Density Residential 2
|
MDR-2
| |
|
Mixed Density Residential – Historic
|
MDR-H
| |
|
Broadway
|
B
| |
|
Multifamily 1
|
MF-1
| |
|
Multifamily 2
|
MF-2
| |
|
Multifamily 3
|
MF-3
| |
|
Multifamily 4
|
MF-4
| |
|
Downtown
|
Downtown Business
|
DB
|
|
Downtown Transition
|
DT
| |
|
Downtown Gateway
|
DG
| |
|
Special
|
Waterfront District A
|
WF-A
|
|
Waterfront District B
|
WF-B
| |
|
Chauncey Park
|
CP
| |
|
Educational/Institutional
|
EI
| |
|
Open space
|
Dedicated
|
OS-1
|
|
Reserved
|
OS-2
OS-3
|
A.
Official Map adopted. The location and boundaries of the zoning districts
established by this chapter are shown on the map entitled "Zoning
Map of the Village of Dobbs Ferry, Town of Greenburgh, Westchester
County, N.Y.," dated September 28, 2010, as amended from time to time.
That map is adopted and incorporated into this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Interpretation of zoning district boundaries. Where uncertainty exists
with respect to the boundaries of any zoning districts as shown on
the Zoning Map, the Land Use Officer shall determine the location
of such boundary, subject to appeal to the Zoning Board of Appeals.
C.
Lots in two or more districts. Where a single lot is divided by one
or more district boundary lines, the regulations for the more restrictive
zoning district may extend to the less restrictive zoning district
at the discretion of the Planning Board.
Tables in Appendix A list the principal and accessory uses allowed
within all base zoning districts.[1] Each of the listed uses is defined in Article VIII, Definitions.
A.
Explanation of table abbreviations.
(1)
Permitted uses. "PP" in a cell indicates that the use is allowed
by right, without special conditions other than those imposed upon
other uses by right in the district. Permitted uses are subject to
all other applicable regulations of this chapter, including the use
specific standards set forth in this article.
(2)
Special permit uses. "SP" in a cell indicates that, in the respective zoning district, the use is allowed only if reviewed and approved as a special permit use in accordance with the procedures of § 300-53. Special permit uses are subject to all other applicable regulations of this chapter, including the use-specific standards set forth in this article.
(3)
Accessory uses. "PA" in a cell indicates that the use is allowed
as an accessory use to a permitted use on the same lot in the zoning
district. Accessory uses are subject to all other applicable regulations
of this chapter, including the use specific standards set forth in
the article. They may be permitted by right or require special permit
review.
(4)
Prohibited uses. "N" or a dash in a cell indicates that the use is
prohibited in the respective zoning district.
(5)
Use-specific standards. Regardless of whether a use is allowed by right or permitted as a special permit use, there may be additional standards that are applicable to the use. Use-specific standards are noted through a cross-reference in the last column of the table. Cross-references refer to Article XIII, Use Standards. These standards apply in all districts unless otherwise specified.
B.
Table organization. The tables in Appendix A[2] classify land uses and activities into general "use categories"
(e.g., residential, commercial) and more specific "use groups" (e.g.,
household living, office uses) and "use types" (e.g., one-family,
townhouse) based on common functional, product or physical characteristics,
such as the type and amount of activity, the type of customers or
residents, how goods or services are sold or delivered, and site conditions.
This classification provides a systematic basis for assigning present
and future land uses into appropriate zoning districts. However, these
classifications are intended merely as an indexing tool and are not
regulatory. They are not intended to list every use or activity that
may be appropriate within each category. Specific uses may be listed
in one category but also be appropriate for one or more other categories
even when not so listed.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
C.
Classification of new and unlisted uses. The intent of this section
is to provide a procedure by which uses that are not specifically
identified are categorized and treated the same as similar uses. It
is anticipated that new land use types may develop and that forms
of land use not considered during the preparation of this chapter
may seek to locate in the Village. In order to provide for such situations
and to integrate such land uses into this chapter, a provision for
the determination as to the most appropriate classification for any
new or unlisted type of land use is included in this chapter. When
an application is made for a use category or use type that is not
specifically listed in a table in Appendix A,[3] the procedure set forth below shall be followed.
(1)
The Building Inspector/Land Use Officer, in consultation with the
Village Administrator and the Village Attorney, may provide an interpretation
as to the use category into which the new or unlisted type of land
use should be placed, if any, taking into consideration, among other
things, its potential impacts, including but not limited to the nature
of the use and whether it involves dwelling activity; sales; processing;
type of product; storage and amount and nature thereof, enclosed or
open storage; anticipated employment; transportation requirements;
the amount of noise, odor, fumes, dust, toxic material, and vibration
likely to be generated; and the general requirements for public utilities
such as water and sanitary sewer.
(2)
Standards for new and unlisted uses should be interpreted as those
of a similar use.
[3]
Editor's Note: Appendix A is included at the end of this chapter.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
A.
Street frontage. No building shall be erected within the Village
on any parcel of land having less than 25 feet of frontage on a street
suitably improved to the satisfaction of the Planning Board and/or
the Board of Trustees.
B.
Flag lots.
(1)
The portion of a flag lot that abuts a street (known as the "access
strip") must be a minimum of 25 feet in width at any point.
(2)
The Planning Board and/or Board of Trustees may require, as a condition
of approval of the site plan, that the access strip:
(a)
Be sufficient for ingress and egress of all traffic;
(b)
Accommodate a graded driveway, drained and paved or otherwise
improved;
(c)
Be suitably landscaped to screen the access strip from adjacent
properties; and
(d)
Comply with any other measures that the Planning Board and/or
the Board of Trustees deems appropriate.
(3)
The street frontage requirement of § 300-33 may be provided by an access strip on a separate lot when all the following conditions are met:
(a)
The access strip provides access to not more than one additional
lot;
(b)
The additional lot is contiguous to the access strip;
(c)
Both lots either existed as separate tax parcels or subdivided
lots on September 15, 1987, or were thereafter created by resubdivision
of the lots so existing on September 15, 1987; and
A.
Lot area.
(1)
General requirements.
(a)
Every lot located in a residential district and created by final
subdivision plat approval by the Planning Board after September 15,
1987, shall be capable of containing a rectangle or square wholly
within its boundaries. Such rectangle or square shall contain 80%
of the minimum required lot area as set forth in Appendix B, Dimensional
Tables.[1] The least dimension of such rectangle or square shall
be not less than 80% of the minimum required lot width as set forth
in such schedules.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
(b)
For subdivisions of over five lots, the Planning Board shall have the option to modify the provisions of Subsection A(1)(a) above where the applicant has demonstrated to the satisfaction of the Board that such modification is appropriate.
(c)
No lot shall be so reduced in area such that any required open
space will be smaller than is prescribed.
(2)
Reductions for steep slope areas. In order to protect environmentally
sensitive lands, preserve the Village's natural resources and promote
the orderly development of land through standards that acknowledge
the varied topography in Dobbs Ferry, net lot area shall be determined
as the gross lot area less:
(a)
Fifty percent of the gross area of a lot with slopes measuring
25% or greater.
(b)
Twenty-five percent of the gross area of a lot with slopes measuring
more than 15% but less than 25%.
(c)
Sloped areas with a horizontal dimension of less than five feet
and/or an area of less than 150 square feet may be considered an anomaly
by the Planning Board and not deducted from the site area as otherwise
required above.
(3)
Measurement of slopes. Slope shall be determined based on a survey
indicating contour lines at two-foot or smaller intervals. Where a
parcel contains distinct sections of differing slope, the average
slope of each section may be determined according to the following
contour measurement formula:
|
S =
|
0.00229(I x L)
A
|
|
Where:
| ||||
|---|---|---|---|---|
|
S
|
=
|
Average slope of area (in percent)
| ||
|
A
|
=
|
Total number of acres in the sloped area for each section
| ||
|
L
|
=
|
Length of contour lines in scaled feet
| ||
|
I
|
=
|
Vertical distance of contour interval in feet
| ||
B.
Setbacks. Setbacks refer to a required distance between a building
and any lot line. The combination of front, rear and side setbacks
define an area, known as the "building envelope," in which buildings
are permitted by right. The area between the lot line and the building
is known as a "yard," the minimum size of which is prescribed by the
setback requirement.
(1)
Required setbacks. Setbacks shall be unoccupied and unobstructed
by any structure or portion of a structure from 30 inches above grade
upward; provided, however, that fences, walls, trellises, poles, posts,
ornaments, furniture and other customary yard accessories may be permitted
in any setback, subject to height limitations and requirements limiting
sight obstruction.
(2)
Measurement of setbacks. Setbacks shall be measured at right angles
from the appropriate lot line to that part of the building nearest
that lot line. Front setbacks are measured from the front lot line;
rear setbacks are measured from the rear lot line; and side setbacks
are measured from the nearest side lot line. Wherever the lot line
is irregular or curved, the setback shall follow such irregularities
or curves.
(3)
Setbacks at district boundaries. Where the side or rear of any lot
abuts a district boundary line, that abutting rear or side setback
shall have the dimensions required by the more restrictive of the
adjoining districts.
(4)
Permitted projections into required setbacks. The following structures
may project into required front, side or rear setbacks as specified
in this subparagraph without the requirement to obtain a variance.
Except as otherwise noted, such projections shall not be considered
in determining building coverage.
(a)
Paved terraces. Paved terraces may project into any required
setback, provided that no structures placed there violate other requirements
of this chapter.
(b)
Incidental architectural features. Cornices, eaves, canopies,
sunshades, gutters, window wells, chimneys, belt courses, headers,
sills, pilasters, lintels, ornamental features, and other similar
architectural features may project not more than two feet into any
right-of-way or required setback.
(c)
Porches. An unenclosed one-story porch may project into a required
front, side or rear setback, and up to 75 square feet of said porch
shall not be included in determining building coverage when meeting
the following standards:
[1]
The porch does not project more than 50% or 10 feet, whichever
is less, into any setback;
[2]
The length of the porch is no more than 50% of the total length
of the building facade at the required setback line;
[3]
The porch must not be enclosed, other than by a railing;
[4]
No porch shall be closer than four feet at any point to a front,
side or rear lot line, except in a zoning district that does not require
a setback (e.g., minimum setback is zero feet); and
[5]
No building shall have porches that project into more than one
required side setback.
(d)
Bay windows. A bay window that is not more than eight feet in
width where it breaks the plane of the wall may project no more than
two feet into any required setback, so long as there is at least 12
feet between the subject bay window and any opposing building wall
or bay window on an adjacent lot.
(e)
Fences, walls and retaining walls. Fences and retaining walls
may project into any required setback, provided that they are consistent
with all other requirements of this chapter.
(5)
Modifications of front setback requirements.
(a)
Prevailing setback.
[1]
Any building erected after the passage of this chapter may project
into the required front setback when the prevailing setback, as determined
below, results in a minimum (or maximum, where applicable) front setback
that is different than the required setback.
[2]
Prevailing setback shall be determined as the smaller of the
following measurements:
[a]
The average of the front setback of the two buildings
on either side of the subject lot; or
[b]
The average of the front setback of each building
on the same block face as the subject lot; however, in no case shall
a building that is more than 200 feet from the subject lot or with
a setback of more than 50 feet be included in the calculation.
[3]
Where there is no building on either side or there are buildings
only on one side of such new structure within the limits specified,
then the minimum depth specified by the dimensional standards of Appendix
B shall apply.[2]
[2]
Editor's Note: Appendix B is included at the end of this chapter.
[4]
In no case shall a building be required to set back more than
50 feet from any street line.
|
|---|
|
In this example, the minimum required front setback
in the underlying zoning district is 20 feet. However, because of
the variety in existing setbacks of buildings on the same block face,
new development on lot C may be located with a setback of only 15
feet, which is the average of the setbacks of the adjacent lots B
and D. Alternatively, the setback may be determined by the average
of all the properties on the block face, except that the setback for
property A would not be included in the calculation, as the setback
is more than 50 feet.
|
[5]
Where the natural slope of the ground, as shown by the contours
of a topographic survey, measured from the front lot line to the midpoint
of the lot or to the rear lot line, whichever yields the greater slope,
exceeds a grade of one foot in four feet, the required front yard
may be reduced by 50%, provided that the rear yard is increased by
the same amount.
(6)
Modifications of rear setback requirements.
(a)
The required rear yard setback for a lot that is less than 100
feet deep may be reduced by 1/4 of the difference between the actual
lot depth and 100 feet, provided that no rear yard in a residential
zoning district shall be less than 20 feet in depth. For example,
a lot with an eighty-foot depth could reduce the required rear yard
by five feet, or one-quarter of the twenty-foot difference between
the actual depth (80 feet) and 100 feet.
(b)
No rear yard is required for a through lot in a downtown or
commercial district if a court facing upon a side lot line of equal
area as the required minimum rear yard is provided instead.
(7)
Modifications of side setback requirements. Where the slope of a
lot, as shown by the contours of a topographic survey, measured from
one side lot line to the other or from one side lot line to the midpoint
of such lot, exceeds a grade of one foot (rise) in four feet (run),
one side yard may be reduced to a ten-foot minimum, provided the other
side yard is increased accordingly to meet the minimum combined side
yard requirement. All such reductions may be made upon the evidence
contained in a certified topographic survey.
C.
Height.
(1)
Church spires, belfries, towers designed for purely ornamental purposes,
chimneys, standpipes, water towers, bulkheads, elevator enclosures
and water tanks shall be exempt from the provisions of Appendix B,
Dimensional Tables,[3] provided that their aggregate area at mid-height is not
greater than 20% of the total area of the roof.
[3]
Editor's Note: Appendix B is included at the end of this chapter.
(2)
All penthouses, bulkheads, standpipes and water towers shall be a
minimum of 10 feet inside of the front and rear walls of a building
and a minimum of five feet inside of the side walls, except that the
walls of elevator and stair enclosures may be built on a side wall.
D.
Impervious coverage. The maximum impervious coverage requirements
of this chapter may be adjusted to acknowledge the use of semipervious
materials in direct relation to the permeability of the material used
and the coverage of that material relative to the gross lot area.
