[Amended 1-21-2003 by L.L. No. 1-2003]
The principal and accessory uses set forth in
this article with respect to each district are the only uses permitted
in that district. All other uses are prohibited.
[Amended 3-21-1995 by L.L. No. 3-1995; 8-12-1997 by L.L. No.
7-1997; 2-17-1998 by L.L. No. 1-1998; 6-15-1999 by L.L. No.
3-1999; 6-6-2000 by L.L. No. 1-2000; 1-21-2003 by L.L. No.
1-2003]
A.
Principal uses. The following uses are permitted principal
uses in an R-20 District:
(1)
One-family detached dwellings, not to exceed one per
lot.
(2)
Municipal parks, municipal playgrounds and municipal
conservation areas, including the customary accompanying refreshment
and service buildings.
(3)
Places of worship, parish houses and buildings for
religious education, provided that:
(a)
No more than one family shall live on the site;
(b)
The lot on which they are located shall front
on or have direct and convenient access to a major or collector road,
as determined by the Planning Board;
(c)
All buildings and structures on the lot shall
together cover not more than 15% of the site area, nor shall the sum
total of land covered with buildings and paved areas exceed 40% of
the site area;
(d)
All new principal buildings shall have a minimum
front yard of 40 feet and minimum side and rear yards of 40 feet each,
provided that no side or rear yard shall equal less than 1 1/2
times the height of the building wall nearest that lot line; and
(e)
Off-street parking and loading facilities shall
not be permitted in the front yard, except for necessary access drives,
nor shall such facilities be located within any required yard, but
in any event not within 20 feet of any adjoining property in a residence
district. The Planning Board may, however, permit up to 10% of the
required off-street parking spaces to be located in the front yard
(other than in the required front yard), provided that the Planning
Board finds that the parking is designed and limited to visitor use
and provided further that the parking is attractively landscaped and
maintained, and further provided that the Planning Board determines
that the front yard parking is necessary to facilitate an improved
parking and traffic circulation system on the site.
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in an R-20 District but require a special use permit issued pursuant to Article X of this chapter:
(3)
Hospitals, nursing homes or convalescent homes, provided that:
[Amended 12-17-2019 by L.L. No. 14-2019]
(4)
Assisted living housing, active adult/independent living housing,
continuum of care facility, provided that:
[Amended 12-17-2019 by L.L. No. 14-2019]
(5)
Public utility substations, public utility transmission and distribution lines, public utility water towers and railroads and public utility rights-of-way and structures necessary to provide service within the Village, but not personal wire service facilities, except as permitted by § 295-85 of this chapter, provided that:
(a)
Any lot on which a public utility substation
or water tower is located shall have an area of at least 7,500 square
feet and a frontage of at least 75 feet. The station or tower shall
be set back at least 30 feet from the front property line and 20 feet
from all other property lines and shall be enclosed by protective
fencing and a gate which shall be closed and locked except when necessary
to obtain access thereto;
(b)
Any such facilities shall be so designed, enclosed,
painted or colored and screened with evergreens that they will be
harmonious with the neighborhood in which they are located. All such
property shall be suitably landscaped and maintained in reasonable
conformity with the standards of property maintenance of the neighborhood
in which it is located;
(c)
All new or additional power transmission or
distribution lines shall be placed underground, wherever possible;
and
C.
Accessory uses. The following uses are permitted accessory
uses in an R-20 District but only in conjunction with a principal
use that is permitted in an R-20 District
(1)
The office or studio of an architect, artist, dentist,
engineer, lawyer, musician, teacher, physician or similar profession,
but not including veterinarians, provided that
(a)
The office or studio is incidental to the residential
use of the premises and is carried on by a resident therein with not
more than one nonresident assistant, including partners, associates
and part-time and full-time employees;
(b)
The office or studio shall not occupy more than
30% of the area of one floor of the main building;
(c)
The office or studio shall not create a nuisance
to any surrounding residents;
(d)
There shall be no outside storage and no display,
advertising or other visible evidence of the use outside the building
in which it is located, except for a single identification nameplate
not exceeding one square foot in area; and
(e)
The parking area shall be subject to site plan
review to determine that it is of adequate size for the particular
use, suitably screened with evergreen planting, walls or fences or
combinations thereof, and with entrance and exit drives designed in
a safe and adequate manner.
(2)
Customary home occupations, as defined in § 295-5 of this chapter, provided that
(a)
The occupation is incidental to the residential
use of the premises and is carried on in the main building by a resident
therein with not more than one nonresident assistant, working at the
same time, including partners, associates and part-time and full-time
employees;
(b)
Only customary household tools, appliances and
equipment are used;
(c)
The occupation does not occupy more than 30%
of the area of one floor of the main building;
(d)
The occupation does not create a nuisance to
any surrounding residents;
(e)
The use does not create waste disposal requirements
significantly in excess of those normally produced in a residential
district unless a suitable method for the disposal of such wastes
is provided, as determined by the approving authority;
(f)
There shall be no outside storage and no display,
advertising or other visible evidence of the use outside the building
in which it is located, except for a single identification nameplate
not exceeding one square foot in area;
(g)
All products sold on the premises shall be made
on the premises, except for the sale of items that are incidental
to the provision of a permitted service;
(h)
There shall be no mechanical or structural fabrication,
assembly or processing of any products or items, except that which
is incidental to the permitted accessory use;
(i)
The parking area shall be subject to site plan
review to determine that it is of adequate size for the particular
use, suitably screened with evergreen planting, walls or fences or
combinations thereof, and with entrance and exit drives designed in
a safe and adequate manner;
(j)
No more than one commercial vehicle, which vehicle
shall be less than three-fourths-ton in design capacity, shall be
used in connection with such a permitted accessory use. Such vehicle
shall be housed in an enclosed garage when not in actual use; and
(k)
Where the proposed use involves structural alterations
or additions requiring a building permit, the use shall be permitted
only if the structure in which it is to be located is deemed by the
Building Inspector to be adaptable to the proposed use from the point
of view of public health and safety and the other requirements of
this chapter, and shall conform to all height and yard requirements
of this chapter.
(3)
Storage and parking of trailers, boats and snowmobiles,
provided that:
[Amended 9-7-2010 by L.L. No. 6-2010]
(a)
No more than one boat, one trailer and one snowmobile may be parked
or stored on a lot, except that a boat may be parked or stored on
a boat trailer;
(b)
Any boat (with its trailer) or snowmobile shall either be parked
or stored fully enclosed in a garage or similar structure or, if parked
or stored outside, shall be parked or stored at least 10 feet from
any side or rear lot line and at least 20 feet from the front lot
line;
(c)
The trailer shall not exceed 140 square feet in horizontal cross-section area and, except as provided in § 295-51, shall be parked or stored fully enclosed in a garage or similar structure; and
(d)
The parking or storing of a trailer or boat or snowmobile shall not
impair the provision of the required off-street parking for the structure
or land use on that lot as specified in this chapter.
(4)
A garden house, toolhouse, playhouse, greenhouse or
similar occupancy use customarily incident to the permitted principal
use of the premises and not operated for profit.
(5)
A swimming pool, provided that it complies with this
chapter.
(6)
Off-street parking facilities, but not portable carports
or similar structures, serving the permitted principal and accessory
uses in the lot and conforming with this chapter.
[Amended 8-5-2008 by L.L. No. 24-2008]
(7)
Signs, but only the following, and provided that they comply with § 295-50 of this chapter:
(a)
For dwellings, one sign per lot, not exceeding
two square feet in area, giving the name of the property and/or occupants
of the premises, and one additional sign, not more than one square
foot in area, identifying any profession or occupation permitted as
an accessory use on the lot.
(b)
For permitted principal uses other than dwellings,
one sign placed at each street frontage where the use has an access
drive, provided that the total area of all such signs does not exceed
40 square feet and no one sign exceeds 25 square feet.
(c)
One "For Sale" or "For Lease" sign or one "Sold"
sign per lot, not exceeding six square feet in area. A "Sold" sign
shall not be displayed for more than 30 days after the date of the
execution of the contract of sale. Such signs shall not be illuminated
and shall not contain luminous or reflective material.
(d)
Temporary identifying signs, not over six square
feet in area, and not more than one for each street frontage of the
lot, during the course of construction only. Such signs shall not
be illuminated and shall not contain luminous or reflective material.
(8)
Roof-mounted solar panels.
[Added 11-7-2017 by L.L.
No. 3-2017]
D.
Boarders and accessory apartments.
(1)
Statement of purposes.
(a)
It is the purpose of this subsection to legalize
and control boarder units and accessory apartments in single-family
residences in the Village of Hastings-on-Hudson and to assure that
accessory dwelling units do not contribute to traffic congestion and
parking problems, and that they meet minimum health, fire and safety
standards.
(b)
It is the further purpose of this subsection
to create small rental housing units without increasing density, by
utilizing existing housing stock and resources. This subsection is
also intended to provide economic support for resident families, particularly
the elderly and those of moderate income, and to encourage diversity
in the population of the Village of Hastings-on-Hudson.
(c)
To help achieve these purposes, and to promote
the other objectives of this chapter and the Planning Principles outlined
by the Planning Board, including the promotion of the health, safety
and welfare of the residents of the Village of Hastings-on-Hudson,
the following specific standards are set forth for boarders and accessory
apartments.
(2)
Accessory uses requiring a boarder permit or an accessory
apartment permit. The following uses are permitted accessory uses
in an R-20 District but require a boarder permit or an accessory apartment
permit issued pursuant to the provisions detailed in this section:
(a)
Boarders. (NOTE: "Boarder" is defined in § 295-5 of this chapter as follows: "Boarder" or "roomer" means a person who permanently occupies a room in a dwelling unit for sleeping purposes for which he or she pays compensation to the property owner.)
[1]
In a single-family dwelling, not more than two
nontransient boarders or roomers shall be permitted, provided that
the following conditions ate met:
[a]
The applicant property owner must
occupy as a principal residence the premises for which permission
is sought to house boarders or roomers, and the applicant must have
occupied said premises for at least 24 months immediately preceding
the date of the application.
[b]
Each sleeping room utilized by
a single boarder shall have not less than 100 square, feet of floor
area, exclusive of closet space, in any such room, and each sleeping
room utilized by two boarders shall have not less than 120 square
feet of floor area, exclusive of closet space, in any such room.
[c]
The dwelling may not have an accessory
apartment, nor may any accessory apartment exist in any other building
on the property.
[d]
The dwelling shall be in compliance
with this chapter and all applicable building, fire, electrical, health
and other safety codes.
[e]
In addition to the parking requirements
for the principal dwelling and other permitted uses, one off-street
vehicular parking space must be provided for each boarder or roomer.
Boarders and/or roomers shall be permitted to keep on the subject
premises only regular passenger automobiles or motorcycles.
[f]
Food storage and microwave ovens
are permitted after issuance of a boarder permit by the Building Inspector.
Refrigerated food storage shall be limited to six-cubic-foot-capacity
storage units. Nonrefrigerated food storage will not be included in
the limitation. Microwave ovens shall be utilized on a table or bench
not to exceed 36 inches in height.
[g]
For each boarder the property owner
must obtain a boarder permit from the Building Inspector. The boarder
permit may be issued by the Building Inspector only after the subject
application is reviewed and approved by him or her. Such review shall
include but not be limited to a physical inspection of the property
to ascertain the adequacy of the structure to accommodate such use,
and the adequacy of the site to provide appropriate off-street parking
facilities.
[2]
Every application for a boarder permit shall be accompanied by a fee to be set by the Board of Trustees pursuant to § 295-152 of this chapter.
[3]
A boarder permit shall be issued for a period
of not more than two years.
[4]
The Building Inspector shall establish all rules
and regulations necessary to administer the provisions of this section.
A record of all such permits shall be kept in the office of the Building
Inspector.
[5]
There shall be a limitation on the issuance
of boarder permits so that not more than 100 boarder permits are in
existence during any calendar year.
[6]
All owners of dwellings that house one or more
roomer or boarder on the effective date of this subsection shall apply
to the Building Inspector for a boarder permit within 90 days of the
effective date of this subsection. If application is made within 90
days, the owner of the dwelling shall not be deemed in violation of
this subsection until a final determination on the application has
been made. If application is not made within 90 days, the owner of
the dwelling shall be deemed in violation of this subsection.
[7]
A boarder permit shall expire automatically
upon change of ownership of the dwelling or when the owner ceases
to reside in the dwelling. In such event, the roomer(s) or boarder(s)
shall be permitted to reside in the dwelling for 60 days if the owner
of the dwelling so consents, unless the Building Inspector approves
an additional extension of time.
[8]
In the event that a dwelling with a valid boarder
permit is sold or transferred, the new owner may, within 60 days from
the taking of title, apply for a boarder permit. All of the conditions
set forth above must be met, except the new owner need not have occupied
the premises for 24 months preceding the application. If an application
is submitted within the sixty-day period, the new owner shall not
be deemed in violation of this subsection, notwithstanding the fact
that the previous boarder permit expired. Should the new owner have
(a) boarder(s) or roomer(s) but fail to apply for a boarder permit
within 60 days from the taking of title, the new owner shall be deemed
in violation of this chapter. In addition, the new owner shall be
precluded from applying for a boarder permit for a period of one year
from the date on which title was transferred.
[9]
Any property owner who houses roomer(s) or boarder(s)
and who fails to obtain a boarder permit or who violates any provision
of this section or any regulation made under it shall be guilty of
an offense punishable by a fine of not more than $500 upon conviction
of a first offense, and, for the second and each subsequent conviction,
by a fine of not more than $1,500. Each month's continued violation
shall constitute a separate additional violation. In addition to the
foregoing, any owner who violates any provision of this subsection
shall be subject to revocation of the boarder permit by the Building
Inspector.
(b)
Accessory apartments.
[Amended 11-5-2019 by L.L. No. 12-2019]
[1]
In a single-family residence, one accessory apartment shall
be permitted, provided that the following conditions are met:
[a]
The owner of the single-family residence in which
the accessory apartment is to be located shall occupy one of the dwelling
units on the premises as a principal residence.
[b]
An accessory apartment shall be located in the
principal building or in a conforming accessory building.
[c]
An accessory apartment shall not be permitted in
a residence that houses one or more boarders or roomers.
[d]
An accessory apartment permit is to be obtained
from the Planning Board. An accessory apartment permit may be issued
only to the owner-occupant of the principal residence at which the
accessory apartment is to be located.
[e]
An applicant for an accessory apartment permit
shall furnish a site plan indicating existing building and lot conditions
and a dimensional floor plan of the principal building and the proposed
accessory apartment. The site plan shall also include a location map
showing the applicant's property and adjacent property and streets,
location of existing and proposed off-street parking and ingress and
egress to the site.
[f]
An accessory apartment permit may be issued by
the Planning Board only after the subject application is reviewed
and reported upon by the Building Inspector. Such review by the Building
Inspector shall include but not be limited to a physical inspection
of the residence in which the accessory apartment is to be located.
[g]
The Planning Board shall conduct a public hearing
on the application for an accessory apartment permit. The hearing
shall be held upon the same notice as that required for a zoning variance.
[h]
The minimum floor area for an accessory apartment
shall be 300 square feet, but in no case shall it exceed 33% of the
floor area of the principal dwelling, unless, in the opinion of the
Planning Board, a greater or lesser amount of floor area is warranted
by the specific circumstances of a particular building.
[i]
The accessory apartment shall not include more
than two bedrooms.
[j]
In addition to the parking requirements for the
principal dwelling and other permitted uses, one accessible and usable
off-street vehicular parking space must be provided for the accessory
apartment, plus one additional space for each bedroom in excess of
one in the accessory apartment.
[k]
No exterior changes shall be made to the building
in which the accessory apartment is located that, in the opinion of
the Planning Board, would alter the single-family character and appearance
of the residence.
[l]
The proposed accessory apartment shall not adversely
affect the single-family character of the neighborhood. In applying
this requirement, the Planning Board shall consider the effect of
the proposed accessory apartment on traffic, noise, congestion, appearance
and any other factor that the Planning Board deems consistent with
the purposes of this subsection.
[m]
The proposed accessory apartment shall be in compliance
with all applicable building, fire, electrical, health and other safety
codes.
[2]
It is the intent of this section that neighborhoods zoned as
single-family maintain their single-family character. The Planning
Board may deny an accessory apartment permit should it find that the
number of such apartments, including the one proposed, will adversely
affect the character of the zoned single-family neighborhood. In granting
an accessory apartment permit, the Planning Board shall have the authority
to impose such reasonable conditions and restrictions as are consistent
with the spirit and intent of the Accessory Apartment Law.
[3]
Every application for an accessory apartment permit shall be accompanied by a fee to be set by the Board of Trustees pursuant to § 295-152 of this chapter.
[4]
The Planning Board shall establish all rules and regulations
necessary to administer the provisions of this subsection. A record
of all accessory apartment permits shall be kept in the Village office.
[5]
An accessory apartment permit shall be issued for a period of
not more than three years and may be renewed by application to the
Building Inspector. Notice of the renewal request shall be given by
the applicant to all property owners within 100 feet by regular mail,
with proof of mailing provided, advising that any objection to the
renewal shall be provided to the Building Department. Prior to renewal
of the accessory apartment permit, the Building Inspector shall inspect
the accessory apartment and determine that all the requirements of
this subsection are met. Provided that no objections are received
and the Building Inspector has determined that the accessory apartment
is in compliance, the Building Inspector shall renew the permit for
an additional three years. If objections are filed, the Building Inspector
shall have the option of forwarding the request to the Planning Board
to conduct a public hearing on the renewal application on the same
notice as that required for a zoning variance, except that mail notice
need not be by certified mail, and to make a determination on the
application.
[6]
An accessory apartment permit shall expire automatically upon
change of ownership of the principal residence or when the owner ceases
to occupy the residence. In such event, the tenant of the accessory
apartment shall be permitted to remain in the apartment for 60 days,
if the owner of the principal residence so consents, unless the Planning
Board approves an additional extension of time.
[7]
In the event that a residence with a valid accessory apartment permit is sold or transferred, the new owner may, within 60 days from the taking of title, apply for an accessory apartment permit. The new owner must meet all the requirements set forth in Subsection D(2)(b)[1] of this section in order to obtain an accessory apartment permit. If an application is submitted within the sixty-day period, the new owner shall not be deemed in violation of this subsection as long as the application is pending, notwithstanding the fact that the previous accessory apartment permit expired. Should a new owner maintain an accessory apartment but fail to apply for an accessory apartment permit within 60 days from the taking of title, the new owner shall be deemed in violation of this subsection. In addition, the new owner shall be precluded from applying for an accessory apartment permit for a period of one year from the date on which title was transferred.
[8]
Any owner or builder, or agent of either of them, who fails
to obtain an accessory apartment permit, who allows occupancy of an
accessory apartment in violation of this subsection or who constructs
or causes to be constructed an accessory apartment shall be guilty
of an offense punishable by a fine of not less than $1,000. Each month's
continued violation shall constitute a separate additional violation.
In addition to the foregoing, any owner who violates any provision
of this subsection or any condition imposed by the Planning Board
in granting the permit shall be subject to the revocation of the accessory
apartment permit by the Planning Board.
F.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through D and § 295-82C, each building and structure in an R-20 District shall have:
(a)
A front yard at least 40 feet deep;
(b)
A rear yard at least 40 feet deep (eight feet in the case of accessory buildings and structures, except 15 feet in the case of accessory garden houses, toolhouses, playhouses, greenhouses and similar accessory uses, and 20 feet in the case of swimming pools, as required by § 295-52A);
(c)
Two side yards totaling at least 50 feet, each
of which yards is at least 20 feet (eight feet in the case of accessory
buildings and structures); and
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2
stories;
[c]
dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(2)
Lot coverage.
[Amended 8-5-2008 by L.L. No. 24-2008]
G.
Maximum
floor area ratio. The maximum floor area ratio shall be as set forth
in the table attached as Appendix B.
[Added 10-20-2020 by L.L. No. 10-2020]
[Amended 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal uses in an R-10 District: any principal use permitted in an R-20 District as set forth in § 295-67A above.
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in an R-10 District but require a special use permit issued pursuant to Article X of this chapter: any use in an R-20 District requiring a special use permit as set forth in § 295-67B above, except hospitals and nursing homes or convalescent homes.
[Amended 12-17-2019 by L.L. No. 14-2019]
C.
Accessory uses. The following uses are permitted accessory uses in an R-10 District, but only in conjunction with a principal use that is permitted in an R-10 District: any accessory use permitted in an R-20 District as set forth in § 295-67C above, except uses accessory to hospitals and nursing homes or convalescent homes.
[Amended 12-17-2019 by L.L. No. 14-2019]
F.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each building and structure in an R-10 District shall have:
(a)
A front yard at least 30 feet deep;
(b)
A rear yard at least 30 feet deep or 30% of
the lot depth, whichever is less (eight feet in the case of accessory
buildings and structures);
(c)
Two side yards totaling at least 30 feet, each
of which yards is at least 12 feet (eight feet in the case of accessory
buildings and structures); and
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2
stories;
[c]
Dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(2)
Lot coverage.
[Amended 8-5-2008 by L.L. No. 24-2008]
G.
Maximum
floor area ratio. The maximum floor area ratio shall be as set forth
in the table attached as Appendix B.
[Added 10-20-2020 by L.L. No. 10-2020]
[Amended 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal uses in an R-7.5 District: any principal use permitted in an R-10 District as set forth in § 295-68A above.
C.
Accessory uses. The following uses are permitted accessory uses in an R-7.5 District but only in conjunction with a principal use that is permitted in an R-7.5 District: any accessory use permitted in an R-10 District as set forth in § 295-68C above.
F.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each building and structure in an R-7.5 District shall have:
(a)
A front yard at least 25 feet deep;
(b)
A rear yard at least 25 feet deep (eight feet
in the case of accessory buildings and structures);
(c)
Two side yards totaling at least 20 feet, each
of which yards is at least eight feet (also eight feet in the case
of accessory buildings and structures); and
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2
stories;
[c]
Dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(2)
Lot coverage.
[Amended 8-5-2008 by L.L. No. 24-2008]
G.
Maximum
floor area ratio. The maximum floor area ratio shall be as set forth
in the table attached as Appendix B.
[Added 10-20-2020 by L.L. No. 10-2020]
[Amended 12-17-1996 by L.L. No. 4-1996; 1-21-2003 by L.L. No. 1-2003]
C.
Accessory uses. The following uses are permitted accessory
uses in a 2R District but only in conjunction with a principal use
that is permitted in a 2R District:
(2)
In a single-family dwelling not more than two nontransient boarders or roomers shall be permitted, provided that all the conditions listed in § 295-67D(2) (a) [1] through [9] above are met.
D.
Minimum lot size and width. Subject to the provisions of Subsections A through C, all lots in a 2R District shall have an area at least 7,500 square feet and a width of at least 75 feet, except that no two-family dwelling shall be permitted on a lot having an area of less than 10,000 square feet and a width of at least 100 feet.
E.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each single-family dwelling in a 2R District shall have:
(a)
A front yard at least 25 feet deep;
(b)
A rear yard at least 25 feet deep (eight feet
in the case of accessory buildings and structures);
(c)
Two side yards totaling at least 20 feet, each
of which yards is at least eight feet (also eight feet in the case
of accessory buildings and structures); and
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2
stories;
[c]
Dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(2)
Subject to the provisions of Subsections A through C and § 295-82C, every other building and structure, including each two-family dwelling, in a 2R District shall have:
(a)
A front yard at least 30 feet deep;
(b)
A rear yard at least 30 feet deep or 30% of
the lot depth, whichever is less (eight feet in the case of accessory
buildings and structures);
(c)
Two side yards totaling at least 30 feet, each
of which yards is at least 12 feet (eight feet in the case of accessory
buildings and structures); and
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2
stories;
[c]
Dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(3)
Lot coverage.
[Amended 8-5-2008 by L.L. No. 24-2008]
F.
Maximum
floor area ratio. The maximum floor area ratio shall be as set forth
in the table attached as Appendix B.
[Added 10-20-2020 by L.L. No. 10-2020]
[Added 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal
uses in a 2R-3.5 District:
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in a 2R-3.5 District but require a special use permit issued pursuant to Article X of this chapter: public utility substations, public utility transmission and distribution lines, public utility water towers and railroads and public utility rights-of-way and structures necessary to provide service within the Village, but not personal wire service facilities, in accordance with the requirements as set forth in § 295-67B(5).
C.
Accessory uses. The following uses are permitted accessory
uses in a 2R-3.5 District but only in conjunction with a principal
use that is permitted in a 2R-3.5 District:
D.
Accessory apartments are permitted by special use permit subject to the requirements of § 295-67D(2)(b).
E.
Minimum lot size and width. Subject to the provisions of Subsections A through C, all lots in a 2R-3.5 District shall have an area at least 3,500 square feet and a width of at least 25 feet, except that no two-family dwelling shall be permitted on a lot having an area of less than 5,000 square feet and a width of less than 50 feet.
F.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each single-family dwelling in a 2R-3.5 District shall have:
(a)
A front yard at least 10 feet deep; provided,
however, that the front yard may be reduced to two feet deep only
where an unenclosed porch encroaches into the front yard;
(b)
A rear yard at least 15 feet deep (five feet
in the case of accessory buildings and structures);
(c)
Two side yards totaling at least 16 feet, each
of which yards is at least five feet (also five feet in the case of
accessory buildings and structures);
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2
stories;
[c]
Dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(2)
Subject to the provisions of Subsections A through C and § 295-82C, every other building and structure, including each two-family dwelling, in a 2R-3.5 District shall have:
(a)
A front yard at least 10 feet deep;
(b)
A rear yard at least 20 feet deep or 30% of
the lot depth, whichever is less (five feet in the case of accessory
buildings and structures);
(c)
Two side yards totaling at least 25 feet, each
of which yards is at least 10 feet (five feet in the case of accessory
buildings and structures);
(d)
Maximum heights.
[Amended 4-6-2021 by L.L. No. 1-2021]
[1]
For principal buildings and structures with pitched roofs, including
gable, hip, shed and gambrel roofs:
[a]
A maximum wall height at the low point of the roof, as measured
to the roof edge or top plate, whichever is higher, not to exceed
23 feet;
[b]
A maximum roof height of 35 feet and no more than 2 1/2 stories;
[c]
Dormers are permitted to encroach on the maximum wall height,
as defined above, up to a maximum overall width of 25% of the total
building perimeter.
[2]
For principal buildings and structures with flat roofs: maximum height
of 24 feet and no more than two stories.
[4]
For accessory buildings and structures with flat roofs: a maximum
height of 12 feet.
(3)
Lot coverage.
[Amended 8-5-2008 by L.L. No. 24-2008]
G.
Special provisions for through lots with frontage
on both Ridge Street and Southside Avenue. Where a through lot gains
vehicular access exclusively from Southside Avenue, and where vehicular
access to Ridge Street is prohibited or otherwise restricted by deed
or by other restrictive covenant, said lot may be developed in accordance
with the use and bulk requirements of the MR-C District, except that
no building may exceed a height of 40 feet or three stories and all
rooftop mechanical equipment shall be screened from view of existing
or prospective residences within the 2R-3.5 District.
[Amended 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal
uses in an MR-2.5 District:
C.
Accessory uses. The following uses are permitted accessory
uses in an MR-2.5 District but only in conjunction with a principal
use that is permitted in an MR-2.5 District:
(2)
Professional offices or studios in a ratio of one
per 25 dwelling units or major fraction thereof on the lot, provided
that the office or studio shall be only on the street floor of the
building and/or, if there exists direct access to the office or studio
from outside the building, on the floor immediately above the street
floor.
(3)
Accessory recreational facilities customarily incident
to multifamily dwellings, provided that such facilities are limited
to the use of the residents of the premises and their accompanying,
nonpaying guests and are not operated for profit.
E.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each building and structure in an MR-2.5 District shall have:
(a)
A front yard at least 100 feet deep;
(b)
A rear yard at least 40 feet deep (eight feet
in the case of accessory buildings and structures, provided that the
roof of the accessory building or structure is used as open space
and the wall of the accessory building or structure does not exceed
6 1/2 feet in height);
(c)
Two side yards totaling at least 80 feet, each of which yards is at least 40 feet [eight feet in the case of accessory buildings and structures, with the same provision as that contained in Subsection E(1)(b) above]; and
(d)
A maximum height of 35 feet (15 feet in the
case of accessory buildings and structures with sloped roofs and 12
feet in the case of accessory buildings and structures with flat roofs)
and no more than two stories.
(2)
All buildings and structures on the lot shall together
cover not more than 25% of the area of the lot.
(3)
No building or structure on the lot shall exceed 160
feet in length.
[Amended 1-21-2003 by L.L. No. 1-2003]
C.
Accessory uses. The following uses are permitted accessory uses in an MR-1.5 District but only in conjunction with a principal use that is permitted in an MR-1.5 District: any accessory use permitted in an MR-2.5 District as set forth in § 295-71C above.
E.
Required yards; maximum building height and coverage.
[Amended 8-21-2018 by L.L. No. 4-2018]
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each building and structure in an MR-1.5 District shall have:
(a)
A front yard at least 12 feet deep or 1/2 the height of the
building wall nearest the front lot line, whichever is greater;
(b)
A rear yard at least 30 feet deep (eight feet in the case of
accessory buildings and structures, provided that the wall of the
accessory building or structure does not exceed six feet in height);
(c)
Side yard requirements shall be based upon the lot width as
follows:
[1]
Lot width of 25 feet to 49 feet shall require minimum side yards
of two feet each, and a minimum total of both side yards of five feet.
[2]
Lot width of 50 feet to 74 feet shall require minimum side yards
of two feet each, and a minimum total of both side yards of 10 feet.
[3]
Lot width of 75 feet to 99 feet shall require minimum side yards
of five feet each, and a minimum total of both sides of 15 feet.
[4]
Lot width of 100 feet or more shall require minimum side yards
of 10 feet each, and a minimum total of both sides of 20 feet.
(d)
A maximum height of 40 feet (15 feet in the case of accessory
buildings and structures with sloped roofs and 12 feet in the case
of accessory buildings and structures with flat roofs) and no more
than three stories.
(2)
Building coverage shall not exceed 35%.
(3)
Development coverage shall not exceed 50%.
(4)
Floor area ratio shall not exceed 0.75.
(5)
No building or structure on the lot shall exceed 160 feet in length.
[Added 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal
uses in an MR-O District:
[Amended 11-16-2021 by L.L. No. 8-2021]
(2)
Business and professional offices.
(3)
Artist studios.
(4)
Mixed-use residential buildings, provided that any residential
dwelling unit contained therein has a minimum floor area of 500 square
feet, and further provided that suitably improved and usable recreation
area and open space shall be provided in accordance with the following
requirements:
(5)
Multifamily dwellings, provided that any residential dwelling
unit contained therein has a minimum floor area of 500 square feet,
and further provided that suitably improved and usable recreation
area and open space shall be provided in accordance with the following
requirements:
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in an MR-O District but require a special use permit issued pursuant to Article X of this chapter:
(1)
Any use permitted in an MR-1.5 District requiring a special use permit as set forth in § 295-72B above.
(3)
Retail sales of antiques, books, art, gifts,
or similar specialty items.
(4)
Restaurants with a total floor area of 2,500
square feet or less, and outdoor dining areas accessory thereto.
(5)
Health or athletic clubs.
(6)
Bed-and-breakfasts, subject to the following
requirements:
(a)
The special use permit shall specify the maximum
number of guest rooms approved pursuant to these provisions.
(b)
The applicant property owner shall occupy as
a principal dwelling the single-family dwelling for which permission
to operate a bed-and-breakfast is sought and must have occupied said
dwelling for at least 24 months prior to the date of application.
(c)
Each guest room to be occupied by a guest shall
have not less than 120 square feet of floor area, exclusive of closet
space.
(d)
The dwelling shall not have an accessory apartment
or a boarder permit in the dwelling or in any other building on the
property.
(e)
The dwelling shall be in compliance with all
applicable building, fire, electrical, health, safety and other codes.
(f)
In addition to the parking requirements for
the principal dwelling and other permitted uses, one off-street parking
space per each guest room shall be provided.
(g)
Meals shall be limited to breakfast and snack
service for guests.
(h)
The bed-and-breakfast shall receive all required
permits from the Westchester County Department of Health.
(i)
The bed-and-breakfast shall not cause any noises,
odors, or other disturbances not normally associated with a single-family
dwelling.
(j)
The maximum length of stay of any guest shall
be limited to 15 days in any thirty-day period. A guest register logging
the arrival and departure of all guests shall be available for review
at all times.
(k)
Every application for a bed-and-breakfast special
use permit shall be accompanied by a fee to be set by the Board of
Trustees.
(l)
The special use permit shall expire after five
years from the date of issuance, on change of ownership or when the
owner ceases to reside in the dwelling. In such cases the owner has
60 days to renew such permit.
(m)
Any owner who operates a bed-and-breakfast without
such a permit shall be guilty of an offense punishable by a fine of
not less than $1,000. Each month's continued violation shall constitute
a separate additional violation. Further, violation of any condition
in this section or imposed by the granting of the special use permit
shall lead to revocation of the permit.
(n)
A bed-and-breakfast shall require site plan
approval by the Planning Board.
C.
Accessory uses. The following uses are permitted accessory uses in an MR-O District but only in conjunction with a principal use that is permitted in an MR-O District: any accessory use permitted in an MR-1.5 District as set forth in § 295-72C above.
D.
Minimum lot size and width. All lots in an MR-O District
shall require a lot area of at least 3,500 square feet and a lot width
of at least 25 feet.
[Amended 11-16-2021 by L.L. No. 8-2021]
E.
Required yards; maximum building height, FAR, dwelling
unit count and coverage.
[Amended 11-16-2021 by L.L. No. 8-2021]
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each building in an MR-O District shall have:
(a)
A front yard at least 10 feet deep;
(b)
A rear yard at least 20 feet deep, except in the case of a nonresidential
use on the first floor which shall have a rear yard at least 15 feet
deep (eight feet in the case of accessory buildings and structures,
provided that the wall of the accessory building or structure does
not exceed six feet in height);
(c)
Side yard requirements shall be based upon the lot width as
follows:
[1]
Lot width 25 feet to 29 feet shall require minimum
side yards of three feet one side, and a minimum total of both side
yards of six feet.
[2]
Lot width 30 feet to 39 feet shall require minimum
side yards of three feet one side, and a minimum total of both side
yards of nine feet.
[3]
Lot width 40 feet to 49 feet shall require minimum
side yards of three feet one side, and a minimum total of both sides
of 12 feet.
[4]
Lot width 50 feet to 59 feet shall require minimum
side yards of three feet one side, and a minimum total of both sides
of 16 feet.
[5]
Lot width 60 feet to 69 feet shall require minimum
side yards of three feet one side, and a minimum total of both sides
of 20 feet.
[6]
Lot width 70 feet to 79 feet shall require minimum
side yards of three feet one side, and a minimum total of both sides
of 24 feet.
[7]
Lot width 80 feet or more shall require minimum
side yards of three feet one side, and a minimum total of both sides
of 30 feet; and
(d)
A maximum height of 35 feet (15 feet in the case of accessory
buildings and structures with sloped roofs and 12 feet in the case
of accessory buildings and structures with flat roofs) and no more
than three stories.
(2)
Building coverage shall not exceed 55%.
(3)
Development coverage shall not exceed 70%.
(4)
Floor area ratio shall not exceed 1.37.
(5)
The maximum number of dwelling units permitted shall be determined
by dividing the maximum floor area available for dwelling units (as
determined by FAR) by 1,000, rounded up or down to the closest whole
number.
F.
Parking requirements. Notwithstanding the requirements set forth in § 295-36 or elsewhere in this chapter, in the MR-O Zoning District no off-street parking shall be required for any use on a lot with a lot width of less than 40 feet. On lots 40 feet wide or greater, parking for residential uses shall be provided at a ratio of 0.8 spaces per unit.
[Added 11-16-2021 by L.L. No. 8-2021]
[Added 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal
uses in a MR-C District:
[Amended 3-5-2013 by L.L.
No. 2-2013]
(2)
Dwellings for three or more families, provided
that suitably improved and usable recreation area and open space shall
be provided in accordance with the following requirements:
(3)
Retail uses with a gross floor area of 2,500
square feet or less.
(4)
Restaurants with a gross floor area of 2,500
square feet or less, and outdoor dining areas accessory thereto.
(5)
Artist studios.
(6)
Health, fitness or athletic clubs.
(7)
Business and professional offices.
(8)
Personal service establishments.
(9)
Other service establishments, but excluding gasoline filling stations
and motor vehicle storage, repair or service establishments.
(10)
Copy, offset and incidental job printing.
(11)
Mixed-use buildings, provided that any residential dwelling unit
contained therein has a minimum gross floor area of 500 square feet
and further provided that suitably improved and usable recreation
area and open space shall be provided in accordance with the following
requirements:
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in a MR-C District but require a special use permit issued pursuant to Article X of this chapter:
[Amended 3-5-2013 by L.L.
No. 2-2013]
(1)
Any use permitted in an MR-1.5 District requiring a special use permit as set forth in § 295-72B above.
(2)
Production and processing of goods, provided that:
(a)
Goods produced and processed are sold at retail on the premises.
(b)
The area used for the production and processing of goods does not
exceed 40% of the use.
(c)
No offensive noises, gases, fumes, odors, vibrations or other objectionable
influences or hazards shall emanate from such use, and the operation
of such use shall not be detrimental to the health, safety or general
welfare of neighboring properties or the community.
C.
Accessory uses. The following uses are permitted accessory uses in an MR-C District but only in conjunction with a principal use that is permitted in an MR-C District: any accessory use permitted in an MR-1.5 District as set forth in § 295-72C above.
E.
Required yards; maximum building height; maximum building length and coverage. Subject to the provisions of Subsections A through C and § 295-82C, each building and structure in an MR-C District shall have:
(1)
A rear yard at least 30 feet deep where adjacent
to a residential district;
(2)
A side yard of at least 10 feet on any side
of the lot adjacent to a residential district;
(3)
A maximum height of 40 feet and no more than
three stories except as follows:
[Amended 12-16-2008 by L.L. No. 29-2008]
(a)
Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes down from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line for the greater of: 40 feet from the front lot line (or required setback) or 20 feet after it has exceeded Plane B, at which point it must come down to or below the height of Plane B. Thereafter, it may, one or more times, extend horizontally at up to such height toward the rear lot line until it exceeds the height of Plane B for 20 feet, at which point it must come down below the height of Plane B, except that no portion of the 20 feet of the structure closest to the rear lot line (or required setback) may exceed Plane B. See diagram of side view below.
 |
(b)
Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes up from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line to a point 20 feet or more from the front lot line (or required setback). Thereafter, it may, one or more times, step up to a height such that it will be below Plane B when extended horizontally at up to such height for 20 feet toward the rear lot line, except that the last 20 feet of the structure closest to the rear lot line (or required setback) must end below Plane B. See diagram of side view below.
 |
(4)
All buildings and structures on the lot shall
together cover not more than 80% of the area of the lot.
[Added 10-5-2004 by L.L. No. 7-2004]
A.
Purpose and intent. The purpose and intent of the
Mixed-Use Planned Development District (MUPDD) is to create planning
and zoning flexibility in order to achieve environmentally sensitive,
economically beneficial, and socially desirable development that is
more creative in its mixture of compatible land use and design than
is possible under more rigid, conventional zoning regulations. This
type of zoning is also designed to minimize traffic impacts on adjacent
and neighboring streets, protect the Hastings-on-Hudson central business
district, protect the character of neighboring properties, respect
culturally and environmentally significant resources, and provide
access to Village and county trailways.
B.
Principal uses. The following uses are permitted principal
uses in a MUPDD District:
(1)
Dwellings for three or more families, including active adult/independent
living housing and assisted living housing, provided that:
[Amended 12-17-2019 by L.L. No. 14-2019]
(a)
The maximum number of dwelling units per acre shall be six and
the maximum number of bedrooms per acre shall be 12.
[1]
The maximum number of dwelling units and bedrooms
per acre may be increased by not more than 33 1/3% beyond the
basic permitted density if the applicant agrees to dedicate to the
Village, or an entity designated by the Board of Trustees, land for
open space or recreation purposes, and if the Board of Trustees determines
that such dedication of land is of sufficient size and suitability
to permit the increased density, which determination shall lie within
the absolute discretion of the Board of Trustees.
[2]
Any such land dedicated in exchange for increased density shall not be included in lot area for purposes of calculating maximum building coverage and maximum development coverage under Subsection E of this section, nor shall it reduce the applicant's open space requirement under the following subsection.
(2)
Attached single-family townhouses, provided
that:
(a)
The maximum number of townhouses per acre shall
be six and the maximum number of bedrooms per acre shall be 12.
[1]
The maximum number of dwelling
units and bedrooms per acre may be increased by not more than 33 1/3%
beyond the basic permitted density if the applicant agrees to dedicate
to the Village, or an entity designated by the Board of Trustees,
land for open space or recreation purposes, and if the Board of Trustees
determines that such dedication of land is of sufficient size and
suitability to permit the increased density, which determination shall
lie within the absolute discretion of the Board of Trustees.
[2]
Any such land dedicated in exchange for increased density shall not be included in lot area for purposes of calculating maximum building coverage and maximum development coverage under Subsection E of this section, nor shall it reduce the applicant's open space requirement under the following subsection.
(b)
For each townhouse, there shall be provided
at least 100 square feet of suitably improved and usable recreation
area and open space for each bedroom.
(3)
Municipal parks, municipal playgrounds, and
municipal conservation areas, including customary refreshment and
service buildings.
(4)
Business and professional offices, excluding
medical or dental offices.
(5)
Mixed-use residential buildings, provided that:
(a)
The maximum number of dwelling units per acre
shall be six and the maximum number of bedrooms per acre shall be
12.
[1]
The maximum number of dwelling
units and bedrooms per acre may be increased by not more than 33 1/3%
beyond the basic permitted density if the applicant agrees to dedicate
to the Village, or an entity designated by the Board of Trustees,
land for open space or recreation purposes, and if the Board of Trustees
determines that such dedication of land is of sufficient size and
suitability to permit the increased density, which determination shall
lie within the absolute discretion of the Board of Trustees.
[2]
Any such land dedicated in exchange for increased density shall not be included in lot area for purposes of calculating maximum building coverage and maximum development coverage under Subsection E of this section, nor shall it reduce the applicant's open space requirement under the following subsection.
(c)
The portion of the building used for residential
purposes shall have an entrance that does not require access through
the portion of the building used for nonresidential purposes, other
than by means of a common lobby.
(d)
Only the following nonresidential uses are permitted
in a mixed-use building:
[1]
Artist studios, not to exceed 1,500
square feet.
[2]
Stores and shops, not to exceed
1,500 square feet of gross floor area, for the retail sale of antiques,
books, art, gifts, or similar specialty items.
[3]
A store or shop, not to exceed
1,500 square feet of gross floor area, for the retail sale of food,
sundries, perishables, and other convenience goods. Not more than
one such store or shop shall be permitted per seven-acre site.
[4]
Business and professional offices,
excluding medical or dental offices.
(6)
Health or athletic clubs.
C.
Principal uses requiring a special permit. The following uses are permitted principal uses in a MUPDD District but require a special use permit issued pursuant to Article X of this chapter:
(1)
Research, design, and development laboratories,
provided that:
(a)
All research and related activities shall be
carried on within fully enclosed buildings.
(b)
None of the following shall be permitted:
[1]
Chemical plants.
[2]
Motor-testing laboratories.
[3]
The keeping and use of large animals,
but nothing herein shall prohibit the keeping and use of small animals
that are commonly used in scientific laboratories incidental to the
experimentation, development, and research conducted in the laboratories,
provided that such animals be kept only in the interior of any building
or structure located on the property of the laboratories, and further
provided that no animals shall be kept that will create any noise
or cause offenses, annoyances, or disturbance to any of the surrounding
properties and to their owners, occupants, and users.
[4]
Facilities engaged in research
in the field of explosives.
(c)
There shall be no display or sale of goods at
retail.
(d)
There shall be no manufacturing or fabrication,
except that a small number of pilot or experimental models, which
require the supervision of the technical staff of such laboratory
for their productions, may be produced on the premises.
(e)
No offensive noises, gases, fumes, odors, vibrations
or radio, electric or electronic emanations, or other objectionable
influences or hazards shall emanate from such use, and no waste products
shall be discharged therefrom of a character to create a nuisance.
(f)
No radioactive materials shall be kept or used
on the premises.
(2)
Public utility substations, public utility transmission and distribution lines, public utility water towers and railroads and public utility rights-of-way and structures necessary to provide service within the Village, but not personal wireless service facilities, except as permitted by § 295-85 of this chapter, provided that:
(a)
Any lot on which a public utility substation
or water tower is located shall have an area of at least 7,500 square
feet and a frontage of at least 75 feet. The station or tower shall
be set back at least 35 feet from the front property line and 50 feet
from all other property lines and shall be enclosed by protective
fencing and a gate, which shall be closed and locked except when necessary
to obtain access thereto;
(b)
Any such facilities shall be so designed, enclosed,
painted, or colored and screened with evergreens that they will be
harmonious with the neighborhood in which they are located. All such
property shall be suitably landscaped and maintained in reasonable
conformity with the standards of property maintenance of the neighborhood
in which it is located;
(c)
All new or additional power transmission or
distribution lines shall be placed underground, wherever possible;
and
D.
Accessory uses.
(1)
Residential uses. The following accessory uses
are permitted in a MUPDD District in conjunction with a principal
residential use that is permitted in a MUPDD District.
(a)
The office or studio of an architect, artist,
dentist, engineer, lawyer, musician, teacher, physician, or similar
profession, but not including veterinarians, provided that:
[1]
The office or studio is incidental
to the residential use of the dwelling unit and is carried on by a
resident therein with not more than one nonresident assistant, including
partners, associates, and part-time and full-time employees;
[2]
The office or studio shall not
occupy more than 30% of the floor area of the dwelling unit;
[3]
The office or studio shall not
create a nuisance to any surrounding residents;
[4]
There shall be no outside storage
and no display, advertising, or other visible evidence of the use
outside the dwelling unit in which it is located, except for a single
identification nameplate not exceeding one square foot in area; and
[5]
The parking area shall be subject
to site plan review to determine that it is of adequate size for the
particular use, suitably screened with evergreen planting, walls,
or fences, or combinations thereof, and with entrance and exit drives
designed in a safe and adequate manner.
(b)
Customary home occupations, as defined in § 295-5 of this chapter, provided that:
[1]
The occupation is incidental to
the residential use of the premises and is carried on in the dwelling
unit by a resident therein with no more than one nonresident assistant,
working at the same time, including partners, associates, and part-time
and full-time employees;
[2]
Only customary household tools,
appliances, and equipment are used;
[3]
The occupation does not occupy
more than 30% of the floor area of the dwelling unit;
[4]
The occupation does not create
a nuisance to any surrounding residents;
[5]
The use does not create waste disposal
requirements significantly in excess of those normally produced in
a residential district unless a suitable method for the disposal of
such wastes is provided, as determined by the approving authority;
[6]
There shall be no outside storage
and no display, advertising, or other visible evidence of the use
outside the dwelling unit in which it is located, except for a single
identification nameplate not exceeding one square foot in area;
[7]
All products sold in the dwelling
unit shall be made in the dwelling unit, except for the sale of items
that are incidental to the provision of a permitted service;
[8]
There shall be no mechanical or
structural fabrication, assembly, or processing of any products or
items, except that which is incidental to the permitted accessory
use;
[9]
The parking area shall be subject
to site plan review to determine that it is of adequate size for the
particular use, suitably screened with evergreen planting, walls,
or fences, or combinations thereof, and with entrance and exit drives
designed in a safe and adequate manner;
[10]
No more than one commercial vehicle,
which vehicle shall be less than three-fourths ton in design capacity,
shall be used in connection with such a permitted accessory use. Such
vehicle shall be housed in an enclosed garage when not in actual use;
and
[11]
Where the proposed use involves
structural alterations or additions requiring a building permit, the
use shall be permitted only if the dwelling unit in which it is to
be located is deemed by the Building Inspector to be adaptable to
the proposed use from the point of view of public health and safety
and the other requirements of this chapter.
(c)
A garden house, toolhouse, playhouse, greenhouse,
or similar occupancy use customarily incident to the permitted principal
use of the premises and not operated for profit.
(d)
Accessory recreational facilities, including
swimming pools, customarily incidental to multifamily dwellings, provided
that such facilities are limited to the use of the residents of the
premises and their accompanying, nonpaying guests and are not operated
for profit.
(e)
Off-street parking facilities serving the permitted
principal and accessory uses in the lot and conforming with this chapter.
(2)
Nonresidential uses. The following uses are
permitted accessory uses in a MUPDD District but only in conjunction
with a principal nonresidential use that is permitted in a MUPDD District:
(3)
Roof-mounted solar panels are a permitted accessory use in a
MUPDD District in conjunction with any type of principal use that
is permitted in a MUPDD District.
[Added 11-7-2017 by L.L.
No. 3-2017]
E.
Development regulations. Each site in the MUPDD District
shall be subject to the following development regulations:
(1)
Minimum site size: seven acres.
(2)
Maximum building coverage: 30% of lot area.
(3)
Maximum development coverage: 60% of lot area.
(4)
Site perimeter setbacks.
(b)
Except for driveways and walkways providing
access to a structure or parking on the site, no portion of the area
within a site perimeter setback may be paved. Areas within a site
perimeter setback are to be landscaped and kept as open space.
(c)
No motor vehicle, trailer, recreational vehicle,
snowmobile, mobile home, boat, or permanent or temporary structure
shall be placed in any area within a site perimeter setback.
(5)
Maximum height: three stories or 40 feet, whichever
is less.
F.
General MUPDD application review process. Application
for approval of any use within the MUPDD Zoning District shall follow
a two-phase review process:
G.
Specific MUPDD application review process.
(1)
The concept plan submission shall be made to
the Building Inspector and shall include 15 copies of the following
information, in form and detail sufficient to enable the reviewers
to understand the general nature and scope of the applicant's proposal:
(a)
A location map of the site in relation to the
surrounding area showing all roads and key development features, including
significant neighboring land uses and zoning district boundaries.
(b)
A current topographic map of the property indicating
the general nature and location of any wetlands, hydrogeologic zone
boundaries, special groundwater protection areas, special wildlife
habitat areas, and any other significant environmental features.
(c)
A conceptual sketch plan map indicating the
approximate quantity, nature, and location of proposed land uses;
the proposed open space system and its relationship to neighboring
open spaces; the proposed principal means of access to the site and
major elements of the site circulation system; the proposed provision
for parking; the existing and proposed availability of mass transportation
services; water supply and wastewater disposal facilities; and, to
the extent known, the height, bulk, location, and general design of
buildings and other structures, interior lot lines, if any, and the
general floor plans for each building.
(d)
A written statement describing the general reasons
why the applicant believes that approval of its application would
further the legislative purpose and intent of the MUPDD zoning, and
any other pertinent supporting rationale or documentation.
(e)
A quantitative analysis for the entire site
(including subtotals for each school district) that indicates preserved
land areas, the floor space of the various types of proposed commercial
and other nonresidential uses, the proposed number of residential
dwelling units by size and type, and the area, percentages of the
site, and floor area ratios proposed for each type of land use.
(f)
Proposals for the construction, operation, and
maintenance of all planned utility systems, roadway improvements,
sidewalks, trails, and other infrastructure.
(g)
Proposals for the ownership, use, and maintenance
of all preserved open spaces.
(h)
A description of any proposed covenants and
restrictions intended to be offered by the applicant.
(i)
A list of all governmental approvals, permits,
and licenses required for each phase of development.
(j)
Proof of title and an affidavit as to ownership
and/or control of all involved properties. The MUPDD site may be owned
by one or more persons, partnerships, limited partnerships, trusts,
or corporations, but must be presented as a single property at the
time of the application to the Village Board. Such multiple-owner
applications shall be jointly filed and consented to by all owners
and, if approved, shall be binding on all of them and all future owners.
Legal agreements, in recordable form and in substance satisfactory
to the Village Attorney, shall be provided to assure this.
(k)
Demonstration by the applicant that potential
traffic generation shall be within the reasonable capacity of the
existing or planned road(s) or street(s) providing access and that
traffic circulation, exit and entrance drives are laid out to minimize
traffic hazards and nuisances.
(l)
The names and addresses of the owners of properties
in a radius of 500 feet from each property line of the site.
(m)
Projected schedule for development.
(2)
Review by Board of Trustees.
(a)
Upon receipt of a complete application as determined
by the Building Inspector for concept plan approval, the Building
Inspector shall distribute the application to the Board of Trustees.
The Board of Trustees shall conduct a preliminary review of the concept
plan to determine whether a public hearing shall be scheduled on the
application. If it so determines, the Board of Trustees shall refer
the concept plan to the Planning Board and schedule a public hearing
with the same notice as required by this chapter for a zoning variance.
(b)
Before the close of the public hearing on the
concept plan, the Planning Board shall file with the Board of Trustees
an advisory report on the concept plan. In recommending the adoption
or rejection of the concept plan, the Planning Board shall state the
reasons for its recommendations. The failure of the Planning Board
to file an advisory report as required by this section shall not affect
the power of the Board of Trustees to act on the proposed concept
plan.
(c)
The Board of Trustees, without limiting its
legislative discretion, shall consider at least the following matters
in determining the suitability of the proposed MUPDD concept plan:
[1]
The extent to which the application
implements the legislative purposes and intent, as set forth in this
section.
[2]
The proposed mix of land uses and
their planned design and arrangement on the site, including compatibility
with site conditions, and with neighboring streets and land uses.
[3]
The potential impact of the proposed
development upon the area in which it is located, and upon the Village
and surrounding areas.
[4]
The adequacy of the phasing plan
to ensure that the uses in each phase will be self-sufficient if future
phases should be delayed or abandoned.
(3)
Action by Board of Trustees.
(a)
The Board of Trustees shall approve, conditionally
approve, or disapprove the proposed MUPDD concept plan. Approval or
conditional approval shall not be deemed to create vested rights or
to waive any right of the Village to a subsequent detailed review
of any aspect of the proposed development or of any specific subdivision
or site plan as required pursuant to this article, including environmental
review pursuant to the New York State Environmental Quality Review
Act (SEQRA).
(b)
Conditions of approval may include, without
limitation:
[1]
Required modifications of any aspect
of the proposed MUPDD Plan, including partial approval of all or any
portion of the concept plan.
[2]
Restrictions on the quantity, type,
and location of each permitted land use;
[3]
Creation or modification of access
roadways and/or overpasses, including access to any designated trailway;
[4]
Requirements related to the construction,
ownership, operation, and maintenance responsibility for both on-site
and off-site infrastructure improvements;
[5]
Provisions assuring the permanent
ownership, preservation, and maintenance responsibility for required
open spaces and for buildings or sites of significant historical and/or
archaeological value;
[6]
The dedication of open or recreational
space;
[7]
The establishment of standards,
including design, performance, and/or bulk standards, as determined
appropriate by the Village Board, to govern the future approval of
detailed subdivisions and/or site plans for individual sections of
the proposed development by the Planning Board;
[8]
Requirements related to the phasing,
timing, and/or sequencing of the proposed development and related
improvements; and
[9]
Any other items relating to the
health, safety, and general welfare of the public.
(c)
Any proposed amendment to the approved MUPDD
concept plan may be made by the Board of Trustees and only after a
public hearing with the same notice as required for the initial MUPDD
application.
(d)
Approval or conditional approval of the MUPDD
concept plan shall expire in three years or as set forth in the Board
of Trustees' approval, unless the required development progress has
been made or such time limit has been extended by the Board of Trustees.
(4)
Subdivision/site plan application to Planning
Board.
(a)
The approval or conditional approval of a MUPDD
concept plan application by the Board of Trustees shall authorize
the applicant to proceed with the detailed design and planning of
individual sections of the planned development and to submit applications
to the Planning Board for subdivision and/or site plan approval, as
appropriate, and in accordance with the procedures and requirements
for such applications as set forth in this chapter. All such applications
must conform with the requirements of the approved MUPDD concept plan,
and any findings and conditions issued in connection therewith by
the Board of Trustees. Subdivision and/or site plan approval, as appropriate,
shall be required prior to the issuance of any permit for building,
demolition, land clearance, land use, or land development within a
MUPDD or any section thereof.
(b)
Although the procedural requirements for subdivision
and site plan review shall be the same as those applicable to other
subdivision and site plan applications in the Village, in reviewing
subdivision and site plan applications within a MUPDD, the Planning
Board shall also consider the following:
[1]
The conformity of the application
to the approvals, agreements, and conditions imposed by the Board
of Trustees.
[2]
Any section or sections for which
the Planning Board shall grant approval or conditional approval shall
be determined to be capable of being self-supporting, sustainable,
and environmentally sound in the event that the applicant does not
proceed with other sections.
[3]
The dedication of land for permanent
preservation and the construction of on-site and/or off-site infrastructure
improvements shall be accomplished in conformance with the approved
phasing plan and shall be installed so as to properly serve the proposed
site development. In order to make such determination, the Planning
Board may require the preparation and submission of such additional
detailed plans and/or studies with respect to water supply, sewerage
service, stormwater drainage, road improvements, and other utilities
and services, as the Planning Board may find necessary to allow it
to determine their adequacy not only to serve the individual section(s)
proposed but also to be properly related to utilities and services
which, in the future, will serve the MUPDD as a whole.
[4]
The conformity and progress of
development in preceding sections of the MUPDD in relation to all
applicable timing and sequencing requirements and conditions.
[Amended 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses, The following uses are permitted principal
uses in an LO District:
(1)
Any principal use permitted in an R-10 District as set forth in § 295-68A above, except dwellings.
(2)
Professional, business, and governmental offices.
(3)
Research, design and development laboratories, provided
that:
(a)
There shall be no manufacturing or fabrication,
except that a small number of pilot or experimental models, which
require the supervision of the technical staff of such laboratory
for their production, may be produced on the premises.
(b)
All research and related activities shall be
carried on within fully enclosed buildings.
C.
Accessory uses. The following uses are permitted accessory
uses in an LO District but only in conjunction with a principal use
that is permitted in an LO District.
(1)
Any accessory use permitted in an R-10 District as set forth in § 295-68C above, except uses accessory to dwellings.
(2)
One dwelling unit for a caretaker of a permitted principal
use.
(3)
Buildings and uses immediately, customarily and exclusively
accessory to a permitted principal office building or research laboratory
use on the site, including off-street parking and loading facilities,
fully enclosed storage and maintenance of motor vehicles and other
equipment, central heating, air conditioning and power plants, water
tanks and refuse disposal systems, and the following uses where necessary
for the comfort, convenience and exclusive use of the occupants, employees
and business visitors in the building or buildings:
(a)
Clinics and cafeterias, when conducted within
a main building.
(b)
Recreation facilities, provided that all such
buildings and uses shall be planned as an integral part of the office
building or research laboratory development and located on the same
lot with the use to which they are accessory.
(c)
Assembly hall for meetings incident to the business
of the principal use.
(4)
Signs, but only the following, in addition to those allowed under Subsection C(1) above:
(a)
For each research laboratory or office building
development, one identification sign facing each street on which the
lot abuts, announcing the name of the company or companies located
in the building.
(b)
Each such sign shall not exceed 60 square feet
in area, nor shall it be placed on the roof or extend above the wall
of the building on which it is placed, nor shall any such sign, if
freestanding, exceed 10 feet in any dimension, nor have any part more
than 12 feet above ground level.
(c)
In addition to the foregoing signs, necessary
small directional signs, not exceeding two square feet each in area,
shall be permitted in locations determined by the approving authority,
which shall also determine whether the wording of the signs is acceptable.
[Amended 1-21-2003 by L.L. No. 1-2003]
A.
Principal uses. The following uses are permitted principal
uses in a CO District:
(1)
One- or two-family dwellings in existence on January 21, 2003, subject to the bulk requirements for two-family dwellings in a 2R District as set forth in § 295-70E(2) above.
(2)
Professional and governmental offices.
(3)
Business offices, except no outdoor storage of materials
on premises shall be permitted, and only one commercial vehicle per
business office shall be stored overnight on the lot.
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in a CO District but require a special use permit issued pursuant to Article X of this chapter:
(1)
Any use permitted in an LO District requiring a special use permit as set forth in § 295-73B above.
(2)
In order to preserve the architectural quality of
older, residential structures: the reuse of such structures for the
retail sale of antiques, books, art, gifts, or other specialty items,
provided that:
(3)
In order to preserve the architectural quality of
older, residential structures: the reuse of such structures as bed-and-breakfasts,
subject to the following:
(a)
The architecturally important features are preserved
through the reuse.
(b)
The reuse will not cause undue traffic congestion
or parking demand.
(c)
The requirements for bed-and-breakfasts as set forth in § 295-72.1B(6) shall be met.
C.
Accessory uses. The following uses are permitted accessory
uses in a CO District but only in conjunction with a principal use
that is permitted in a CO District:
(1)
Any accessory use permitted in an LO District as set forth in § 295-73C above, except storage and maintenance of vehicles, cafeterias, assembly halls, power plants, water tanks, refuse disposal systems and signs.
(2)
Notwithstanding Subsection C(1) above, one sign facing each street to which the lot has access, provided that the sign shall be applied to the face of the building, shall not exceed 12 square feet and shall be only indirectly lit. Any such sign must be approved by the Architectural Review Board and must comply with the provisions of Chapter 234, Signs, of the Hastings-on-Hudson Code. In addition, signs of a number, type, size and location specified in § 295-67C(7)(b) through (d) above shall be permitted.
[Amended 1-21-2003 by L.L. No. 1-2003]
C.
Accessory uses. The following uses are permitted accessory
uses in an LC District but only in conjunction with a principal use
that is permitted in an LC District:
(1)
Accessory buildings and uses customarily incident
to the permitted principal uses.
(2)
Parking and loading facilities, provided that no loading
shall take place nearer than 50 feet to a residence district or between
the hours of 10:00 p.m. and 7:00 a.m.
(3)
Signs, excluding billboards, provided that:
(4)
Roof-mounted solar panels.
[Added 11-7-2017 by L.L.
No. 3-2017]
[Amended 10-3-2000 by L.L. No. 2-2000; 1-21-2003 by L.L. No.
1-2003]
A.
Principal uses. The following uses are permitted principal
uses in a CC District:
(1)
Banks and restaurants, without drive-throughs only.
(2)
Personal service establishments.
(3)
Other service establishments, but excluding gasoline
filling stations and motor vehicle storage, repair or service establishments.
(4)
Outlets and pickup stations for laundries and cleaning
establishments. Washing of apparel on the premises is prohibited.
Complete cleaning of wearing apparel or household effects on the premises
is permitted only if noncombustible solvent is used.
(5)
Production and processing of goods, provided that
such goods are to be sold at retail on the premises, the area so used
does not exceed 40% of the retail area, and the installation will
not have an adverse effect on neighboring uses.
(6)
Business and professional and Village-related governmental
offices.
(7)
Funeral parlors.
(8)
Copying, offset, and incidental job printing.
(9)
Municipal parking lots and parking structures.
(10)
Self-service and hand laundries.
(11)
Places of worship.
(12)
Membership clubs.
(13)
Public utility structures.
(14)
Governmental offices in existence on January
21, 2003.
(15)
Retail uses except the sale of motor vehicles.
(16)
Mixed-use buildings, provided that:
[Amended 4-19-2005 by L.L. No. 5-2005]
(a)
Any residential dwelling unit contained therein
has a minimum gross floor area of 500 square feet.
(b)
Only nonresidential uses are permitted on the
ground floor. The Planning Board, however, after a public hearing
held upon the same notice as that required for a zoning variance,
may, in its discretion, permit residential use on the ground floor
in the CC District, but only if such residential use is not located
on that portion of the ground floor story that abuts a street, is
compatible with neighboring properties, and is consistent with the
commercial nature of the CC District.
(c)
Artist studios shall be permitted above the
ground floor story.
(17)
Museums and cultural uses in existence on January
21, 2003.
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in a CC District but require a special use permit issued pursuant to Article X of this chapter:
(1)
Hotels, provided that:
(a)
A hotel may be located on a lot with retail,
office or other commercial uses allowed as a permitted use or by special
use permit in the CC District, but shall not be permitted in combination
with multifamily dwellings or any residential use.
(b)
The maximum length of stay of any guest room
shall be limited to 15 days in any thirty-day period. A guest register
logging the time and departure of all guests shall be available for
review at all times.
(c)
A hotel may include the following accessory
uses: conference rooms, dining areas, banquet facilities, indoor fitness
area, retail shops and administrative offices or any other use that
the Zoning Board of Appeals determines to be customary and incidental
to a hotel use.
(d)
Guest rooms are permitted food storage and microwave
ovens. Refrigerated food storage is limited to six-cubic-foot capacity
storage units. Microwave ovens shall be utilized on a table or bench
not to exceed 36 inches in height. Nothing herein shall permit kitchenettes
or kitchens within a guest unit.
(e)
Each guest room shall be served individually
by a bathroom.
(f)
The hotel shall be in compliance with this chapter
and all applicable building, electrical, health, fire and other safety
codes.
(g)
The special use permit shall specify the maximum
number of guest rooms approved by the Zoning Board of Appeals.
(h)
Every application for a hotel special use permit
shall be accompanied by a fee to be set by the Board of Trustees.
(i)
A hotel permit expires after five years or on
change of ownership. In such cases, the owner has 60 days to renew
the permit.
(j)
Anyone operating a hotel without a special use
permit shall be guilty of an offense punishable by a fine of not less
than $1,000. Each month's continued violation will constitute a separate
additional violation. Further, violation of any condition in this
section or imposed by the granting of the permit shall lead to revocation
of the permit.
(k)
A hotel use shall require site plan approval
from the Planning Board.
C.
Accessory uses. The following uses are permitted accessory
uses in a CC District but only in conjunction with a principal use
that is permitted in a CC District:
(2)
Signs accessory to an establishment, located on the
same lot, provided that:
(a)
Not more than one such sign shall be permitted
for each tenant on the premises on each wall fronting on a street.
(b)
The aggregate area of all permanent or wall
signs shall be no greater than the length of such wall in feet times
two.
(c)
In addition, where the building is set back
from the street line a distance of 25 feet or more, one freestanding
sign, with a total area of not more than 80 square feet, may be erected.
No such freestanding signs shall encroach on any required yard.
E.
Required yards; maximum building height and coverage. Subject to the provisions of Subsections A through C and § 295-82C and the design guidelines for the Central Commercial District adopted by the Board of Trustees, each building and structure in a CC District shall have:
[Amended 11-16-2010 by L.L. No. 8-2010]
(1)
No required front yard, except where the Planning Board finds that an absence of front yard would adversely impact existing views as determined in accordance with the provisions of § 295-82, or would impede traffic. In such case, the Planning Board may require a front yard up to 10 feet deep;
(2)
A rear yard at least 10 feet deep at the ground floor
and 20 feet above the ground floor; but if either side or the rear
of the lot is adjacent to a residence district then the rear yard
shall be at least 30 feet deep;
(3)
No side yard, except that where a side yard adjoins
either a residence district or a one- or two-family dwelling, in which
case a side yard shall be provided at least 10 feet deep; and
(4)
A maximum height of 40 feet and no more than three
stories except as follows:
[Amended 12-16-2008 by L.L. No. 29-2008]
(a)
Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes down from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line for the greater of: 40 feet from the front lot line (or required setback) or 20 feet after it has exceeded Plane B, at which point it must come down to or below the height of Plane B. Thereafter, it may, one or more times, extend horizontally at up to such height toward the rear lot line until it exceeds the height of Plane B for 20 feet, at which point it must come down below the height of Plane B, except that no portion of the 20 feet of the structure closest to the rear lot line (or required setback) may exceed Plane B. See diagram of side view below.
|
|
(b)
Where Plane B (NOTE: Plane B is defined in § 295-5, Height, Building, Subsection B.) slopes up from the front lot line, a structure that does not exceed 40 feet in height measured at the front lot line (or at any required setback) may extend horizontally at up to such height toward the rear lot line to a point 20 feet or more from the front lot line (or required setback). Thereafter, it may, one or more times, step up to a height such that it will be below Plane B when extended horizontally at up to such height for 20 feet toward the rear lot line, except that the last 20 feet of the structure closest to the rear lot line (or required setback) must end below Plane B. See diagram of side view below.
|
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(c)
On steeply sloped sites (a ten-foot change in
elevation from the front lot line to the rear lot line), an increase
of an additional floor may be permitted by the Planning Board, provided:
[1]
The site slopes downward from the street line
and the lowest story is below street grade; or
[2]
The site slopes upward from the street line
and the fourth story is set back from the front lot line(or any required
setback) by no less than 20 feet;
[3]
The maximum height does not exceed 40 feet as measured and determined in § 295-5 (Building Height) and § 295-76E(4); and
F.
Facade changes.
[Amended 11-16-2010 by L.L. No. 8-2010]
(1)
All
construction, reconstruction, and alterations to buildings or structures
within the CC District shall conform to any design guidelines duly
adopted by the Board of Trustees for the CC District.
(2)
Where
site plan review and approval is required by the Planning Board, said
site plan, including building elevations or renderings, shall be referred
to the Architectural Review Board, which shall serve in an advisory
capacity to said Planning Board. No further review and approval by
the Architectural Review Board is required for issuance of a building
permit if the Architectural Review Board has issued a favorable recommendation
to the Planning Board during site plan review.
(3)
Any
alteration to a facade or roof of a building or structure that does
not require site plan approval or a building permit, including but
not limited to changing a window, door, awning, or siding, but not
including painting, shall be approved by the Architectural Review
Board.
G.
No security gate within the CC District shall be closed
between the hours of 8:00 a.m. and 6:30 p.m., except by approval of
the Board of Trustees.
[Amended 10-3-2000 by L.L. No. 2-2000; 1-21-2003 by L.L. No.
1-2003]
A.
Principal uses. The following uses are permitted principal uses in an LI District: any principal uses permitted in a CC District as set forth in § 295-76A above, except:
[Amended 4-19-2005 by L.L. No. 5-2005]
(1)
Mixed use buildings are permitted only if the mixed
use building consists of one or more principal nonresidential use(s)
located on the ground floor story, and one or more residential dwellings
or nonresidential uses located above the ground floor story; and
(2)
Mixed use buildings may contain artist studios on
any floor.
B.
Principal uses requiring a special use permit. The following uses are permitted principal uses in an LI District but require a special use permit issued pursuant to Article X of this chapter:
(1)
Any use permitted in a CC District requiring a special use permit as set forth in § 295-76B above.
(2)
Research laboratory.
(3)
Storage or warehousing establishment.
(4)
Cleaning, dyeing or laundry establishment
(5)
Any use consisting of the manufacture, fabrication,
assembling or other handling of products.
(6)
Storage of cars, but excluding car wrecking or storage
of wrecked cars or used car parts.
C.
Accessory uses. The following are permitted accessory
uses in an LI District but only in conjunction with a principal use
that is permitted in an LI District: any accessory use permitted in
a CC District except dwelling units above permitted principal uses,
as provided in § 295-76C(3).
E.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C and § 295-82C, each building and structure in an LI District shall have:
(a)
A front yard at least 25 feet deep;
(b)
A rear yard at least 40 feet deep;
(c)
Two side yards totaling at least 50 feet, each
of which yards is at least 20 feet; but any side yard on a side of
the lot adjacent to either a residence district or a one- or two-family
dwelling shall be at least 40 feet; and
(d)
A maximum height of 40 feet and no more than
two stories.
(2)
All buildings and structures on the lot shall together
cover not more than 25% of the area of the lot if no building or structure
on the lot is more than one story; if any building or structure on
the lot is more than one story, then all buildings and structures
on the lot shall together cover not more than 15% of the area of the
lot.
(3)
All parking and loading areas shall be set back no
less than 1/2 of the required yard.
[Amended 1-21-2003 by L.L. No. 1-2003]
B.
E.
Required yards; maximum building height and coverage.
(1)
Subject to the provisions of Subsections A through C, § 295-80A and § 295-82C, each building and structure in a GI District shall have:
(a)
A front yard at least 25 feet deep;
(b)
A rear yard at least 75 feet deep;
(c)
Two side yards totaling at least 40 feet, each
of which yards is at least 15 feet; but on any side where there is
a driveway between the building and lot line, the side yard shall
be 25 feet; and
(d)
A maximum height of 40 feet and no more than
two stories.
(2)
All buildings and structures on the lot shall together
cover not more than 35% of the area of the lot if no building or structure
on the lot is more than one story; if any building or structure on
the lot is more than one story, then all buildings and structures
on the lot shall together cover not more than 20% of the area of the
lot.
D.
A.
Approval by Planning Board and Board of Trustees.
(1)
No development or redevelopment in a GI or MW District
shall occur unless there shall be adequate public access to the use
of the waterfront as determined by the Planning Board in the site
plan review. The Planning Board shall have the authority to require
as a condition of site plan approval for such development or redevelopment
a setback from the waterline of not more than 60 feet of dry land
and a public easement for pedestrian traffic between the closest public
street and that setback.
(2)
No building permit or certificate of occupancy for
any building, structure or use in a GI or MW District shall be granted
without the approval of the Board of Trustees after a public hearing,
which approval shall be subject to those conditions deemed by the
Board of Trustees necessary to preserve, protect and improve the scenic
value and recreational use of the Hudson River waterfront in the Village.
A.
District boundaries. Every Village-owned park, playground
and recreational area dedicated by the Village as a public park shall
be deemed to be a PR District.
B.
Permitted uses. Subject to the provisions of Subsection C below, the following uses shall be permitted in a PR District: those uses necessary to preserve and promote the purposes of the park, playground or recreational area.
C.
Approval by Board of Trustees. No building, structure
or use shall be permitted in a PR District unless authorized by the
Board of Trustees after a public hearing.
A.
Purpose. The purpose of VP Districts is to protect
and preserve the character of the community, to preserve and enhance
property values and to promote improved visual relationships between
the Village and the Hudson River and the Palisades.
B.
Principal and accessory uses. Subject to the provisions of Subsection C below, the permitted principal and accessory uses for any lot or parcel in a VP District shall be the same as otherwise permitted in the district in which the lot or parcel is located.
C.
Approval by Planning Board and Board of Appeals.
(1)
No building or structure shall be erected, altered,
enlarged or moved in the district unless approved in accordance with
the provisions of this section.
(2)
Every application to permit the erection or exterior
alteration of a building or structure in a VP District shall be referred
by the Building Inspector to the Planning Board for its report and
recommendations as to the best siting, dimensions and configuration
of principal and accessory structures so as to cause the least possible
obstruction of the view of the Hudson River and the Palisades for
neighboring properties and adjacent public property and rights-of-way.
The Planning Board shall issue its report and recommendations within
60 days after receipt of the application.
(3)
After approval by the Planning Board, the plan for
erection or exterior alteration of the building or structure shall
be referred to the Board of Appeals, which shall conduct a public
hearing on the plan. The Board of Appeals shall hold the hearing and
render its decision within 60 days after the referral by the Planning
Board.
(4)
Joint notice of both the Planning Board meeting at which the application is to be considered and the Board of Appeals public hearing on the application shall be given at least 14 days before the Planning Board meeting. Notice shall be given as required in § 295-143C. In addition, notice shall be given to the Architectural Review Board and shall be published in a newspaper of general circulation in the Village not less than 10 days before both the Planning Board meeting and the Board of Appeals hearing.
D.
Waiver of View Preservation approval. Notwithstanding the requirements of Subsection C above, View Preservation approval shall not be required where the Building Inspector determines that the erection or exterior alteration will have no negative effect on the view of the Hudson River and the Palisades for neighboring properties and adjacent public property and rights-of-way, and that determination is confirmed both by the Chairperson of the Planning Board, or another Planning Board member designated by the Chairperson, and by the Chairperson of the Zoning Board of Appeals, or another member designated by the ZBA Chairperson.
[Added 8-5-2015 by L.L.
No. 4-2015[1]]
[1]
Editor's Note: This local law also repealed former § 295-82D,
Waiver of View Preservation approval, added 8-6-2013 by L.L. No. 4-2013.
A.
Purposes. The Village of Hastings-on-Hudson has established a Marine Waterfront-A (MW-A) District classification applicable to future development within the area of the Village situated along the shoreline of the Hudson River, in order to achieve the purposes and objectives set forth in §§ 295-2 and 295-3 of this chapter as they apply to such area, and in order to achieve the following additional purposes:
(1)
To establish a carefully designed and orderly development
plan for the riverfront area which will implement the comprehensive
planning goals and objectives of the Village Board, and which will
protect the quality of the environment and the public health, safety
and general welfare.
(2)
To encourage the development of attractive, functional
and appropriately scaled uses along the riverfront, in a manner that
will provide economic support for the Village while affirming the
character of the Village as a locus of riverfront activity.
(3)
To provide for public access along the riverfront
for the purposes of recreation, leisure and other water-related or
water-dependent uses.
(4)
To promulgate zoning regulations that will be conducive
to accomplishing the foregoing purposes with respect to smaller riverfront
sites characterized by irregular configuration, limited parcel depth,
minimal dry land area or remoteness from points of suitable vehicular
or pedestrian access to and from areas situated east of the Metro-North
railroad right-of-way.
B.
Principal uses. The following uses are permitted principal
uses in an MW-A District:
(1)
Fishing and marine supply sales.
(2)
Beach, swimming or park facility.
(3)
Restaurant and other places serving food and drink, but excluding fast-food restaurants other than fast-food booths or kiosks approved by the Planning Board either at the time of site plan approval under § 295-84J below or thereafter.
(4)
Health and sports club to be constructed or reconstructed
on the site of any existing health or sports club, or on a lot having
a property line that is within 250 feet of the property line of such
a site.
(5)
Public or nonprofit cultural or educational facility,
such as a museum or information center, including but not limited
to a museum or information center designed and located in such manner
as will encourage water-dependent or water-related use of such facility.
(6)
Municipal uses of the Village of Hastings-on-Hudson.
C.
Principal uses requiring a special use permit.
(1)
The following uses are permitted principal uses in
an MW-A District but require a special use permit issued by the Village
Board of Trustees:
(2)
Before approving an application for a special use permit for any use set forth in Subsection C(1)(a) through (d) above, the Village Board shall hold a public hearing on notice duly published and given as provided in § 295-143 of this chapter, and, in the case of any use set forth in said Subsection C(1)(a), (b) or (c) above, shall consider the requirements in § 295-87 of this chapter. With respect to any such use, the Village Board also shall consider additional factors identical to those required to be considered before a special use permit for a particular use is issued in the MW-B District as set forth in § 295-84D below, and shall apply the same parking requirements as are set forth in § 295-84F(6) below. The following additional provisions shall be applicable to certain special use permits issued under this Subsection C:
(a)
With respect to any use described in Subsection C(1)(d) above, the Village Board may make any special use permit conditional upon implementation of long-term maintenance, repair and funding arrangements similar to those set forth in § 295-84G(3) of this chapter.
(b)
The Village Board shall require that all or
the preponderance of dwelling units in an MW-A District will be townhouses.
E.
Minimum lot size and width. All lots in an MW-A District
shall have a dry land area of at least 20,000 square feet and a width
of at least 150 feet.
F.
Required yards; maximum building height and coverage;
parking requirements.
(1)
Except as provided in Subsection F(4) below in this section, each building and structure in an MW-A District shall have:
(3)
All buildings and structures on the lot, excluding
a health and sports club, shall together cover not more than 20% of
the dry land area of the lot.
(4)
In recognition of the parking requirements of sports
and health clubs, and the special height, bulk and structural characteristics
of such facilities containing tennis and/or racquetball courts, the
following provisions shall be applicable, notwithstanding any contrary
provision of this chapter, only to sports or health club facilities:
(5)
The aggregate floor area ratio of all residential
development situated in all areas of the Village (considered in the
aggregate) within the MW-A District shall not exceed 0.09. For purposes
of the floor area ratio calculation under the preceding sentence,
only the dry land area of lots within the MW-A District shall be taken
into account.
(6)
The parking requirements applicable to a health and sports club located in accordance with Subsection B(4) above shall be the same as those set forth for such a facility in § 295-84F(6) below. Except as provided in Subsection C(2) above, parking requirements for all other uses in the MW-A District shall be as set forth or provided for in § 295-36 of this chapter.
G.
Applicability of other provisions to an MW-A District.
(2)
General regulations. All the general regulations set forth in this chapter shall apply in their entirety to an MW-A District except as expressly set forth in the provisions of Subsections A through I inclusive, and as set forth below:
H.
Access to waterfront. No development or redevelopment
in the MW-A District shall take place unless there shall be adequate
public access for recreational use of the waterfront. Adequacy shall
be determined by the Planning Board, which shall have the authority
to require, as a condition to site development plan approval, any
or all of the following:
(1)
A setback from the shoreline of a maximum area equal
to the greater of 30% of the width of the dry land area of the lot,
or 60 feet.
(2)
A public pedestrian easement extending along the entire
river frontage of the lot, which shall be not less than 15 feet wide
at any point, and shall have an average width of not less than 25
feet.
(3)
A public easement for pedestrian traffic between such
public pedestrian easement and a public street.
(4)
A declaration or agreement executed by the owner of
the lot and recorded in the Westchester County Clerk's office, Land
Records Division, dedicating such easements in perpetuity to the Village
of Hastings-on-Hudson and requiring the connection and continuity
of the riverfront easement area and any walkway improvements thereon
with any similar easement area and improvements then existing or subsequently
created in any abutting property in an MW-A or MW-B District.
I.
Bulkheads, platforms, rip-rap slopes, decks and pilings. As a condition of any special use permit granted under Subsection C above, or as a condition of site development plan approval if Subsection C is not applicable, the Village Board or the Planning Board, as the case may be, may require, as part of the proposed redevelopment of a lot, that arrangements be established for the repair or replacement of bulkheads, platforms, rip-rap slopes, decking or pilings for decking situated along the river bank of the lot, and along the riverbank of any Village property devoted to park use situated between the lot and the Hudson River, and the subsequent maintenance and repair of such facilities, which arrangements shall be similar in whole or in part to the procedures and the funding and security requirements described in § 295-84G(3) and (4) below.
A.
Purposes. The Village of Hastings-on-Hudson has established an MW-B District classification applicable to future development within the area of the Village situated along the shoreline of the Hudson River, in order to achieve the purposes and objectives set forth in §§ 295-2 and 295-3 of this chapter as they apply to such area, and in order to achieve the following additional purposes:
(1)
To establish a comprehensive, carefully designed and
orderly development plan for the riverfront area that will implement
the comprehensive planning goals and objectives of the Village Board
and that will protect the quality of the environment and the public
health, safety and general welfare.
(2)
To encourage the development of larger, more centrally
located tracts of waterfront land as single, unified and comprehensive
projects, containing uses appropriate to a waterfront area.
(3)
To counteract the deleterious influence of the existing
Metro-North railroad right-of-way, and of existing underutilized industrial
buildings, on neighboring properties, and reduce the isolation of
the area situated west of the railroad right-of-way.
(4)
To encourage the development of attractive, functional
and appropriately scaled uses along the riverfront, in a manner that
will provide economic support for the Village while affirming the
character of the Village as a locus of riverfront activity.
(5)
To provide for public access along the riverfront
for the purposes of recreation, leisure and other water-related or
water-dependent uses.
(6)
To help meet the needs of the community for alternate
housing opportunities, including middle-income and senior citizen
housing.
B.
Eligibility. An owner of real property may petition the Village Board of Trustees for a change of the zoning classification of the property to MW-B in accordance with the procedures set forth in Subsection H below if the property has the following characteristics:
C.
Principal uses. The following uses are permitted principal
uses in an MW-B District:
(1)
Multifamily dwellings.
(2)
Personal service stores engaged in providing services
generally to individuals, such as but not limited to barbershops,
beauty parlors and shoe repair shops. Drive-up facilities and any
individual store having a floor area in excess of 2,000 square feet
are excluded from this category of use. This category of use also
includes tailoring, laundry and cleaning establishments subject to
the following:
(a)
If steam pressure is used, it shall not exceed
15 pounds' pressure per square inch and steam condensate shall be
discharged through a roof vent or to the rear of the building.
(b)
The washing of apparel on the premises is prohibited.
(c)
Dry cleaning of wearing apparel or household
effects on the premises is permitted only if noncombustible solvent
is used.
(3)
Convenience retail stores engaged in selling merchandise
for personal or household consumption and rendering services incidental
to the sale of the merchandise, excluding any type of drive-up facility
and any individual store having a floor area in excess of 2,000 square
feet. All merchandise offered for sale shall be stored and displayed
in fully enclosed structures, except for temporary outdoor uses permitted
by the Village under Village procedures regulating such uses.
(4)
Bank or automatic teller machine facility, excluding,
in either case, any drive-up facility.
(5)
Restaurants and other places serving food and beverages, but excluding fast-food restaurants other than fast-food booths or kiosks which may be approved by the Planning Board either at the time of site plan approval under Subsection J below or thereafter.
(6)
Business offices.
(7)
Professional offices of doctors, dentists, engineers, architects, surveyors, certified public accountants or attorneys, provided that the aggregate floor area of doctors' or dentists' offices shall not exceed 15,000 square feet, except as provided in Subsection D below, and provided, further, that no individual doctor or dentist or group of doctors and dentists practicing together shall occupy more than 2,500 square feet of floor area.
(8)
Community facilities, such as meeting rooms and recreation
rooms, suitable for social, civic, cultural and educational activities.
(9)
Health and sports club to be constructed or reconstructed
substantially on the site of an existing sports or health club.
(10)
Art galleries and antique shops.
(11)
Fishing and marine supply sales.
(12)
Municipal uses of the Village of Hastings-on-Hudson,
including but not limited to public recreation facilities, such as
a park or waterfront esplanade, and a public boat-launching facility.
D.
Principal uses requiring a special use permit.
(1)
The following uses are permitted principal uses in
an MW-B District but require a special use permit issued by the Village
Board of Trustees:
(a)
Professional offices of doctors or dentists,
if the aggregate floor area thereof would exceed 15,000 square feet,
provided that no individual doctor or dentist or group of doctors
or dentists practicing together shall occupy more than 2,500 square
feet of floor area.
(c)
Theater or band shell.
(d)
Public or nonprofit cultural or educational
facility, such as a museum or information center, including but not
limited to a museum or information center designed and located in
such manner as will encourage water-dependent or water-related use
of such facility.
(2)
Before approving an application for a special use permit for any use set forth in Subsection D(1) above in this section, the Village Board shall hold a public hearing on notice duly published and given as provided in § 295-143 of this chapter, and shall consider the requirements and objectives set forth in § 295-87 of this chapter and the additional factors set forth below:
(a)
The need for the proposed uses within the Village.
(b)
The off-street parking requirements and traffic
impact of the proposed use.
(c)
Any characteristics of the proposed use that
make waterfront location particularly appropriate.
(d)
The extent to which the proposed use will complement
and enhance other uses permitted on the property.
(e)
Consistency of the proposed use with the objectives of the design review criteria set forth below in Subsection K, and the compatibility of such use with public benefits or amenities required under this chapter in an MW-B District.
(f)
The deleterious aesthetic, environmental and
navigational consequences of any proposed development that would intrude
into the Hudson River beyond the historical westerly limit of waterfront
uses in the Village.
(3)
The Village Board may attach such conditions to its approval of any special use permit as are necessary or appropriate to assure that the purposes set forth in Subsection A above are achieved, the factors set forth in Subsection D(2) above are respected and the design criteria set forth in Subsection K below will be met, and may require that performance of any or all of such conditions be secured by a letter of credit or bond. The Village Board may also require that such conditions shall be incorporated in a declaration of covenants or other instrument satisfactory to the Village Attorney to be executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division.
E.
Accessory uses. The following uses are permitted accessory
uses in an MW-B District but only in conjunction with a principal
use that is permitted in such district:
(1)
Accessory buildings and uses customarily incident
to the permitted principal uses.
(2)
The accessory uses permitted in a residential unit
but limited to customary home occupations and the office of an architect,
artist, engineer, lawyer, musician, teacher, physician or similar
profession in a residence. The accessory uses permitted under this
subsection shall not include any uses that require pickup, delivery
or supply service by trucks or other commercial vehicles.
(3)
Signs are a permitted accessory use in an MW-B District but only in conjunction with a permitted principal use. Such signs must comply with the provisions of Chapter 234, Signs, of the Hastings-on-Hudson Code, and with the design guidelines set forth in the standards for site plan approval in Subsection K(4) of this section.
(4)
Public utilities, but not personal wire service facilities, except as permitted by § 295-85 of this chapter.
[Amended 2-17-1998 by L.L. No. 1-1998]
(5)
Swimming pool, provided that it complies with this
chapter.
(6)
Roof-mounted solar panels.
[Added 11-7-2017 by L.L.
No. 3-2017]
F.
Density; height; floor area limits; building coverage;
parking; setback from river; shoreline. The following regulations
shall be applicable to any development in an MW-B District:
(1)
Residential density. The maximum residential density shall be 31 dwelling units for every two acres of dry land area. Such maximum residential density may be increased under the incentive density provisions set forth below in Subsection I. For the purposes of the preceding sentence, the dry land area of the subject property shall not be deemed to include the area of any portion of the waterfront esplanade constructed or to be constructed over water.
(2)
Height of buildings.
(a)
The following limitations on building height
shall be applicable in an MW-B District:
[1]
Residential building: 65 feet above elevation
10 established in National Geodetic Vertical Datum (1929).
[2]
Sports or health facility: 50 feet above elevation
10 established in National Geodetic Vertical Datum (1929).
[3]
Mixed-use building devoted principally to nonresidential
uses other than a sports or health facility: 65 feet above elevation
10 established under National Geodetic Vertical Datum (1929).
[4]
Building devoted to nonresidential uses other
than sports or health facility: 65 feet above elevation 10 established
under National Geodetic Vertical Datum (1929).
(b)
Notwithstanding the height limitation set forth in Subsection F(2)(a)[1] and [3] above, the height of residential buildings and mixed-use buildings referred to in such subsections may be increased by the Village Board up to a maximum of 103 feet above elevation 10 established in National Geodetic Vertical Datum (1929), through the issuance of one or more special use permits, in each case following a public hearing held by the Village Board on notice duly published and given as provided in § 295-143 of this chapter. In considering any application for such a special use permit, the Village Board shall determine whether view preservation and other guidelines set forth in Subsection K(1) below have been sufficiently considered, and shall take into account the impact that any proposed rooftop elevator equipment will have, in combination with the impact of the proposed building height, on important scenic views. The Village Board shall require the applicant to submit such computer-assisted design representations of the proposed development as the Village Board may deem appropriate in connection with such application. The Village Board may attach such limitations and conditions to its approval of any such special use permit as it deems necessary or appropriate to assure that the purposes of the above-mentioned guidelines, and the objectives of Subsection F(7) below in this section, are achieved. The Village Board may require that such limitations and conditions be incorporated in a declaration of covenants or other instrument satisfactory to the Village Attorney to be executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division.
(c)
Notwithstanding any contrary provisions of this
chapter, within the MW-B District height shall be measured to the
top of any parapet, if the roof is flat, and to the highest point
on the roof, if the roof is of any other type. The height limitations
of this section shall not be applicable to chimneys and stair bulkheads,
provided that chimneys and stair bulkheads shall be erected only to
the height necessary for their safe and effective operation and for
compliance with applicable governmental laws, rules, codes and regulations
concerning firesafety and building construction.
(d)
Notwithstanding § 295-21A of this chapter, within the MW-B District all water tanks and all building elevator, heating, air-conditioning and ventilation equipment and all antennas and similar projections shall, except as provided in Subsection F(2)(e) below, be subject to the height limitations of this section and shall be enclosed and concealed within or beneath buildings, and no such tanks, equipment, antennas or projections (including any housings, casings, cupolas, penthouses, belfries or enclosures therefor) shall be visible on any roofs or other exterior surfaces of buildings, or on the surface of any land area.
(e)
Elevator equipment in a building having a mansard or pitched roof may exceed the applicable maximum building height permitted under this Subsection F if compliance with such height limitation is physically impracticable, provided that the applicant shall include in its concept plan submitted under Subsection H below, and in any special use permit application submitted under Subsection F(2)(b) above, a detailed explanation of the necessity for the proposed projection above the maximum permitted height, of the impracticability of reducing such projection and of proposed methods of moderating the visual impact of such projection. The requirements of Subsection F(2)(d) above applicable to concealment of equipment within buildings shall not be applicable to any elevator equipment that projects above the roofline of any building in an MW-B District above, but any such equipment that extends above the roofline shall be completely enclosed and covered in a rooftop penthouse that shall be compatible in quality of materials and in appearance with the roof and exterior of the building on which it is placed.
(3)
Floor area ratio.
(a)
The floor area ratio of all buildings and structures on the subject property shall not exceed 0.725, except as permitted under the incentive density provisions set forth below in Subsection I below in this section.
(b)
The floor area ratio devoted to sports or health
club use shall not exceed 0.065.
(c)
The floor area ratio devoted to all nonresidential
uses, other than community space required under this chapter and sports
or health club use, shall not in the aggregate exceed 0.095. Not more
than 80% of such floor area ratio shall be devoted to business or
professional office use, or to any combination of such office uses.
(d)
The area of the subject property used in the calculation of the foregoing floor area ratios shall consist only of dry land, excluding the area of any portion of the waterfront esplanade, required under Subsection G below, that is constructed or to be constructed over water. The floor area used in such calculations shall not include any gross floor area devoted to parking that complies with the requirements of Subsection F(6)(a) in this section.
(4)
Open space. Not less than 50% of the total dry land area in any MW-B District shall be devoted to public or private open space, or to a combination thereof, maintained for active and passive pedestrian use, consisting of park and esplanade areas, landscaped plazas, gardens, sitting areas and similar types of areas, excluding at-grade parking lots and public or private streets and roadways. For the purposes of this section, the total dry land area shall not include the area of any portion of the waterfront esplanade, required under Subsection G below, that is constructed or to be constructed over water.
(5)
Building coverage. The maximum building coverage permitted in an MW-B District shall be 25% of the total dry land area. For the purposes of this section, building coverage shall not include parking areas covered by private or public open spaces or plazas that are suitably landscaped in accordance with Subsection K(2) below, and total dry land area shall not include the area of any portion of the waterfront esplanade, required under Subsection G below, which is constructed or to be constructed over water.
(6)
Off-street parking and loading.
(a)
All parking spaces shall either be fully enclosed
and concealed beneath or within buildings, or shall be substantially
screened by the use of architectural materials or plantings.
(b)
Uncovered, unenclosed parking spaces situated at grade or on parking decks or platforms shall not comprise more than 15% of the total number of parking spaces constructed in an MW-B District, unless otherwise approved by the Planning Board at the time of site development plan approval under Subsection J below.
(c)
The following parking requirements are applicable within an MW-B District, except where modified under the provisions of § 295-27. Size of parking spaces shall be as defined in § 295-29.
|
Permitted Use
|
Minimum Off-Street Parking
| |
|---|---|---|
|
Medical or dental office (other than accessory
to residential use)
|
6 spaces for each 1,000 square feet of floor
area
| |
|
Multifamily dwelling
|
1 1/4 space per studio/efficiency unit;
1 1/2 space per 1 bedroom unit; 1 3/4 space per 2 bedroom
unit; 2 spaces per 3 or more bedroom unit
| |
|
Multifamily dwelling reserved for senior citizen
occupancy
|
2/3 space per unit
| |
|
Office for business or professional use (other
than a doctor's or dentist's office or office accessory to residential
use)
|
3 1/3 spaces for each 1,000 square feet
of floor area
| |
|
Professional office or office or home occupation
permitted in a residential unit
|
In addition to space required for the principal
residential use and other permitted uses, 4 spaces for each doctor
or dentist, 2 spaces for each practitioner of any other permitted
occupation
| |
|
Restaurant or other place serving food and drink
|
1 space per 100 square feet of dining floor
area or 1 space per 4 dining area seats, whichever is greater
| |
|
Retail or service business
|
1 space per 250 square feet of floor area
| |
|
Sports and health club
|
1 space per 2,000 square feet of floor area
of a tennis or racquetball facility, and 1 space per 250 square feet
of floor area of other sports or health club use, provided that at
the time of site development plan approval the Village Board may reduce
either or both of such parking requirements if it determines that
a reduction is appropriate because of anticipated shared or combined
use of parking by members or customers who utilize the various types
of sports or health facilities included in the club
|
(d)
With respect to any building, structure or use
for which the required number of parking spaces is not specifically
set forth in the above schedule, the Planning Board in the course
of site plan review shall determine the number of off-street parking
spaces required, which number shall bear a reasonable relation to
the minimum off-street parking requirements for specified uses as
set forth in the above schedule.
(e)
All off-street parking facilities serving principal and accessory uses shall comply with §§ 295-22 through 295-38 of this chapter. This entire Subsection F(6), including the foregoing schedule setting forth the parking requirements applicable within an MW-B District, supersedes the requirements set forth in § 295-36 of this chapter.
(f)
The provisions of § 295-38B of this chapter, pertaining to off-street loading, shall be applicable within the MW-B District, provided that the loading spaces required for not more than 15,000 square feet of professional or business office gross floor area may be combined with loading spaces required for convenience retail and personal service stores, and that only two loading spaces are required for convenience retail and personal service stores containing not more than 15,000 square feet of gross floor area.
(7)
Setback from river.
(a)
All uses constructed on the subject property shall conform to a setback from the shoreline of at least 100 feet, provided that such minimum setback shall be 60 feet along the easterly (inland) side of any cove or indentation existing as of the date on which the petition for change of zone is submitted to the Village Board. No buildings, structures or visible equipment [except for outdoor recreation equipment situated in private open space areas within such setback, and except for equipment included in public facilities required under Subsection G(1), (2) and (5) below] shall be permitted in the setback area, and no projection from a building or structure shall be permitted in such setback area, except for balconies at least 10 feet above grade and as provided in § 295-20B(1) through (3), provided that exceptions to the restrictions set forth above in this sentence may be permitted by the Planning Board, as part of the site development plan review process, for a restaurant, water-dependent uses, fast-food booths, kiosks or gazebos or a sports and health club constructed or reconstructed substantially on the site of an existing sports or health facility.
(b)
In order to eliminate or reduce obstruction of views of the Hudson River and its New Jersey shore and of views north and south along the Hudson River, and in order to prevent the placement of taller buildings in excessively close proximity to the waterfront esplanade required under Subsection G(1) below, the Village Board may require, as a condition of any change of zone to MW-B designation, that the foregoing one-hundred-foot setback be increased by up to 250 additional feet and that the foregoing sixty-foot setback be increased up to 200 additional feet, in portions of the subject property situated between the shoreline and any building or vertical surface of a building having a proposed height in excess of 35 feet above elevation 10 established in National Geodetic Datum (1929).
(8)
Maximum floor area of personal service stores, banks, convenience retail stores and restaurants. The gross floor area of personal service stores, convenience retail stores, banks and automatic teller machine facilities constructed in an MW-B District, excluding storage areas situated below such stores or facilities in basements or in portions of structures that are used primarily for parking and which comply with Subsection F(6)(a) of this section, shall not exceed 15,000 square feet. The gross floor area of all restaurant uses constructed in an MW-B District in the aggregate shall not exceed 7,500 square feet.
(9)
Shoreline.
(a)
With respect to any upland or landfill portion of a subject property that abuts decking in place over the Hudson River as of July 1, 1989, the term "shoreline" means the westernmost edge of such decking, provided that if the concept plan submitted pursuant to Subsection H(1) below indicates that the applicant proposes to remove a portion of such decking without replacing the same, then for such area of the subject property the shoreline shall be deemed to be the westernmost edge of the remaining decking.
(b)
With respect to any upland, landfill or submerged portion of a subject property lying inland (easterly) from vertical timber piles which were in place in the Hudson River as of July 1, 1989, and which formerly were fender piles or which formerly supported decking that is no longer in place, the term "shoreline" means a line projected across the westernmost edge of the westernmost pilings, along a northerly-southerly axis, provided that if the concept plan submitted pursuant to Subsection H(1) below indicates that the applicant does not intend to construct new decking over all of such pilings, then for such area of the subject property the shoreline shall be deemed to be the westerly edge of the development actually proposed by such applicant.
(c)
With respect to any other portion of a property,
the term "shoreline" means either:
[1]
The westernmost edge of the top of any retaining
wall or bulkhead that abuts such portion of the subject property and
which was in place in the Hudson River as of July 1, 1989; or
[2]
In the absence of any such retaining wall or
bulkhead, the mean high water line of the Hudson River along the riverbank
of such portion of the subject property.
(d)
The provisions of Subsection F(9)(c) above also shall be applicable to any upland or landfill portion of the subject property which lies inland (easterly) from existing decking or existing vertical deck pilings, but which, under the concept plan submitted under Subsection H(1) below, will not abut any new or existing decking.
(e)
If the subject property contains coves or inlets,
then the term "shoreline" shall include the water edge of any new
decking, retaining walls or bulkheads proposed to be constructed along
the banks of such coves or inlets. If no new or replacement decking,
retaining walls or bulkheads are proposed to be constructed or replaced
along any bank of such cove or inlet, then the term "shoreline" shall
apply to the water edge of any existing decking, retaining wall or
bulkhead situated on such bank. If no decking, retaining wall or bulkhead
exists along the bank of a cove or inlet, and no new decking, retaining
wall or bulkhead is proposed to be constructed or replaced along such
bank, then the shoreline along such bank shall be the mean high waterline
along such bank.
G.
Required benefits, amenities and mitigation measures.
(1)
Waterfront esplanade.
(a)
The owner of the subject property shall construct, at no cost to the Village, along the entire length of the shoreline and abutting the shoreline a public esplanade which shall contain a pedestrian walkway or pathway having an average width of not less than 25 feet. The waterfront esplanade shall be at least 25 feet wide along at least 80% of its length, and shall not be less than 15 feet wide at any point. The waterfront esplanade shall consist principally of paved or wood surfaces, but shall also include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities. The waterfront esplanade shall conform to the applicable design standards set forth in Subsection K below.
(b)
If the development is constructed in phases or stages, then the portion of the waterfront esplanade extending along and abutting the entire length of the shoreline opposite any part of each such phase or stage shall be constructed as part of such phase or stage. Notwithstanding any contrary provision of this Subsection G(1), the waterfront esplanade may be situated inland from the shoreline in the immediate vicinity of the ramp included in the public boat-launching facility required under Subsection G(5) below, but only to the extent necessary to permit the safe and efficient operation of such ramp.
(c)
At the time of enactment by the Village Board
of an amendment to the Zoning Map[1] changing the zoning district classification of the subject
property to MW-B, there shall be dedicated to the Village, at no cost
to the Village, a perpetual surface easement for the purpose of assuring
public access to and public use and enjoyment of the waterfront esplanade
in its entirety. Such easement, or accompanying recorded agreement
satisfactory in form and substance to the Village Attorney, also shall
provide for the maintenance and repair of the waterfront esplanade
by the owner of the subject property, its successors and assigns in
perpetuity and shall provide that if the owner of the subject property
or its successors or assigns fail to perform such maintenance and
repair work, then the Village shall have the right to perform such
work and recover its costs incurred for such work from the owner,
its successors or assigns. The easement also shall give the Village
the right to construct or complete construction of the waterfront
esplanade in the event of failure by the owner, its successors or
assigns to do so.
[1]
Editor's Note: The Zoning Map is on file in
the Village offices.
(d)
At the time of the aforesaid dedication, the
Village Board may require that the owner provide, or agree to provide
at a later specified time, bonds, letters of credit, deposits or other
security for the performance of the foregoing construction, maintenance
and repair obligations, satisfactory in form and substance to the
Village Attorney, provided that such security instruments or agreement
shall take into account the phases or stages in which the waterfront
esplanade is to be constructed. The easement shall recognize the Village's
authority to establish regulations for the use of the waterfront esplanade,
including, without limitation, times of opening and closing. The easement
also shall require the connection of the waterfront esplanade easement
area and any esplanade improvements thereon to any similar abutting
easement area and improvements then existing or subsequently created
in any abutting property in an MW-A or MW-B District. The terms of
such easement and the detailed conditions of such dedication shall
be subject to approval by the Village Board, and shall be set forth
in one or more instruments satisfactory to the Village Attorney and
executed by the owner in proper form for recording in the Westchester
County Clerk's office, Land Records Division.
(2)
Public park.
(a)
The owner of the subject property shall construct thereon, at no cost to the Village, a park having a dry land area constituting not less than 18% of the entire dry land area of the subject property, provided that, for purposes of the preceding sentence, the dry land area of the subject property shall not be deemed to include the area of any portion of the waterfront esplanade constructed or to be constructed over water, and the area of the waterfront esplanade shall be excluded from the dry land area of the park, except that such exclusion shall not apply to any portion of the waterfront esplanade that abuts or extends into the proposed park and that consists of dry land area in excess of the area determined by multiplying the length of the waterfront esplanade required under Subsection G(1) above by the minimum average width required under such Subsection G(1). The park may consist of a single contiguous area or of two or more noncontiguous areas linked by the waterfront esplanade.
(b)
The park shall be devoted primarily to uses
such as sitting, strolling, picnic use, children's playground and
other passive recreation uses. Not less than 50% of the area of such
park shall consist of unpaved, planted open space. The remaining area
of the park may contain walkways, playgrounds, pedestrian plazas and
similar recreation or pedestrian improvements that shall be open to
the air, and fast-food booths or kiosks approved by the Planning Board
under the provisions of this chapter.
(c)
The park shall have convenient and readily visible access from a public street or from a public open space over which the public shall have a right of pedestrian access, assured by the easement to be granted to the Village as described below in this Subsection G(2). The park shall abut and provide access to the waterfront esplanade required under Subsection G(1) above and shall conform to the applicable design standards set forth in Subsection K below.
(d)
If the development is constructed in phases or stages, then the portion of the park between the waterfront esplanade and any part of each such phase or stage, as shown on the concept plan included in any petition approved by the Village Board under Subsection H(4) below, shall be constructed as part of such phase or stage.
(e)
At the time of enactment by the Village Board of an amendment to the Zoning Map changing the zoning district classification of the subject property to MW-B, there shall be dedicated to the Village, at no cost to the Village, a perpetual surface easement for the purpose of assuring public access to and public use and enjoyment of the park in its entirety. Such easement also shall provide for the maintenance and repair of the park by the owner of the subject property, its successors and assigns in perpetuity, and shall give the Village the right to construct or complete construction of the park and to perform such maintenance and repair work in the event of failure by the owner or its successors and assigns to do so. Such easement also shall acknowledge the Village's authority and responsibility to establish regulations for the use of the park, including, without limitation, times of opening and closing. The terms of such easement and the detailed conditions of such dedication shall be subject to approval by the Village Board. The provisions of Subsection G(1) of this chapter applicable to performance of work by the Village, recovery of Village costs, security for performance and completion of construction, maintenance and repair work, and the form and execution of instruments in connection with the waterfront esplanade, also shall be applicable in connection with the park.
(3)
Long-term major maintenance and repair of bulkheads,
decks, pilings and rip-rap slopes.
(a)
At the time of enactment by the Village Board
of an amendment to the Zoning Map[2] changing the zoning district classification of the subject
property to MW-B, there shall be dedicated to the Village, at no cost
to the Village, a perpetual easement granting to the Village efficient
access to any bulkheads, platforms, rip-rap slopes, decking and support
pilings for decking beneath or adjacent to the waterfront esplanade
along the entire length of the shoreline of the subject property,
together with the right to maintain, repair and replace such bulkheads,
platforms, rip-rap slopes, decking and support pilings for decking.
The terms of such easement and the detailed conditions of such dedication
shall be subject to approval by the Village Board, and shall be set
forth in one or more instruments satisfactory to the Village Attorney
and executed by the owner in proper form for recording in the Westchester
County Clerk's office, Land Records Division.
[2]
Editor's Note: The Zoning Map is on file in
the Village offices.
(b)
The owner shall submit to the Village Board, as part of the concept plan required under Subsection H(1) below, a detailed, itemized estimate of the costs of the major long-term major maintenance, repair and replacement, on an ongoing basis, of such bulkheads, platforms, rip-rap slopes, decking and support pilings for decking, and for regular inspections thereof, and for maintaining insurance thereon as provided in Subsection G(3)(f) below. In connection with its review of the concept plan, the Village Board shall review such cost estimate with the assistance of such expert consultants as the Village shall engage for such purpose. The owner shall reimburse the Village for any costs incurred by the Village for payment of fees and expenses of such consultants.
(c)
At the time of the first issuance by the Village of a temporary certificate of occupancy for any phase of the proposed development or for any portion of such phase, the owner shall be required to contribute to a fund established by the Village a lump sum dollar amount which, in combination with interest earned thereon compounded and added to the principal of such fund, will be sufficient to cover, on an ongoing basis, the long-term major repair and maintenance cost for bulkheads, platforms, rip-rap slopes, decking and support pilings for decking along the riverfront adjacent to such development phase, and along other portions of the riverfront to the extent necessary for the protection of such facilities adjacent to such development phase. Such contributed moneys and retained interest shall be held by the Village in a separate interest-bearing account to be used by the Village for the purposes of this Subsection G(3), or disbursed by the Village (subject to appropriate controls) to any other entity which performs long-term major maintenance and repair work as described above. The requirements of this Subsection G(3) shall be included in the conditions established by the Village Board for any change of zone to MW-B designation.
(d)
Prior to the issuance of any building, excavation or utility permit for the proposed development or any phase or stage thereof, the owner shall deliver to the Village, as security for the payment required under Subsection G(3)(b) above with respect to such phase or stage, a clean, unconditional, irrevocable letter of credit in the aggregate amount which the Village Board estimates will be payable by the owner under Subsection G(3)(c) above over the entire construction period of the proposed development. Such letter of credit, and any extension or renewal thereof, shall include provisions authorizing the Village to draw the full amount thereof upon delivering to the issuer a certification that the letter of credit has not been extended or renewed on the foregoing terms and conditions at least 30 days prior to its date of expiration, or upon delivering to the issuer a certification that the owner has not made any contribution required hereunder when required to do so. The form and substance of such letter of credit, and any extension or renewal thereof, shall be subject to approval by the Village Attorney.
(e)
If, in order to provide funds to assure the long-term safety and proper structural support of the waterfront esplanade and park required under Subsection G(1) and (2) above, a local benefit assessment area is established by the Village pursuant to the provisions of the Village Law or Municipal Home Rule Law of the State of New York, or under any other state legislation of general or special applicability, then the Village shall continue to maintain the separate Village account established under Subsection G(3)(c) above, but funds previously collected and accumulated in such account will be considered in determining the amount of financing to be raised through the local benefit assessment. The annual charge assessed by the Village against a property or properties benefited by the continued existence and safety of the waterfront esplanade and park will be based on the degree of such benefit conferred upon that property or properties as determined by the Village Board in accordance with applicable law.
(f)
Moneys held in the separate Village account referred to in Subsection G(3)(c) above may be used by the Village to pay the cost of maintaining liability and casualty insurance and other types of insurance reasonably required by the Village in amounts reasonably satisfactory to the Village, with respect to the bulkheads, platforms, rip-rap slopes, decking and support pilings for decking referred to above in this section.
(g)
Notwithstanding any contrary provision of this chapter, the owner, its successors and assigns shall be responsible for regular, ordinary maintenance, repair and inspection of bulkheads, platforms, rip rap slopes, decking and support pilings for decking, and moneys held in the separate Village account referred to in Subsection G(3)(c) above shall not be available for such purpose.
(4)
Initial repair or replacement of bulkheads, platforms,
rip-rap slopes, decking and support pilings for decking.
(a)
At the time of enactment by the Village Board
of an amendment to the Zoning Map changing the zoning district classification
of any property to MW-B, the Village Board may require, as a condition
of such amendment, that the owner repair or replace, as part of the
proposed development and at no cost to the Village, deteriorated bulkheads,
platforms, rip-rap slopes, decking and support pilings for decking
along the entire length of the Hudson River waterfront within the
subject property.
(b)
At the time of site development plan approval for the proposed development or for any phase thereof, or the commencement of any repair or replacement work referred to in Subsection G(4)(a) above, whichever occurs earlier, the owner of the subject property also shall deliver to the Village an instrument, duly executed and in proper form for recording in the Westchester County Clerk's office, Land Records Division, satisfactory in form and substance to the Village Attorney, granting to the Village the right to enter upon the subject property and to perform or complete thereon the repair and replacement of bulkheads, platforms, rip-rap slopes, decking and support pilings for decking along all or any portion of the Hudson River waterfront within the subject property, if the owner fails to perform or complete such repair or replacement work as part of the proposed development within the time period specified in the easement instrument.
(c)
Prior to the issuance of any building, excavation or utility permit for the first phase of the proposed development, or the commencement of such repair or replacement work, whichever is earlier, the owner shall deliver to the Village, as security for the performance of such repair or replacement work, a clean, unconditional, irrevocable letter of credit in the amount of the estimated cost, as determined by the Village, of such repair or replacement work to be performed along the entire Hudson River waterfront of the subject property. Such letter of credit, and any extension or renewal thereof, shall include provisions authorizing the Village to draw the full amount thereof upon delivering to the issuer a certification that the letter of credit has not been extended or renewed on the foregoing terms and conditions within at least 30 days prior to its date of expiration, or upon delivering to the issuer a certification that such repair and replacement work has not been performed and completed in a timely manner. The amount of such letter of credit shall be subject to reduction as such repair and replacement work progresses, but at all times shall be sufficient to cover the cost of the uncompleted portion of such work. The form and substance of such letter of credit, and the form and substance of any accompanying agreement concerning such letter of credit, and any extension or renewal thereof, shall be subject to approval by the Village Attorney. The requirements of Subsection G(3) above pertaining to security for funds to be contributed, and the requirements of this Subsection G(4)(c), may be augmented, extended or otherwise modified by the Village Board in a manner consistent with the purposes of such requirements.
(5)
Public boat-launching facility. The owner of the subject property shall construct and shall dedicate to the Village, through the granting of a perpetual surface easement in the manner provided in Subsection G(1) and (2) above, and at no cost to the Village, an appropriately equipped and accessible boat-launching facility for use by the Village as a public facility. The site of such facility shall encompass not less than one acre and shall be contiguous with the public park required under Subsection G(2) above. The public boat-launching facility shall include, and the easement shall require, vehicular and pedestrian routes to and from such facility, landscaped areas and parking spaces sufficient to serve such facility. Such parking spaces shall be reserved exclusively for persons visiting or using such facility, provided that, at the discretion of the Village Board, some or all of such spaces may be designated for use by visitors to the public park on a part-time or permanent basis. Such easement shall contain provisions recognizing the Village's authority to establish and enforce regulations for the use of the boat-launching facility, including, without limitation, times of opening and closing and restrictions on eligibility of users.
(6)
Neighborhood services. In recognition of the level
of residential density permitted in an MW-B District and in order
to provide for the safety and convenience of residents in an MW-B
District and to prevent undue congestion in the commercial center
of the Village, the Village Board may require, as a condition of rezoning
for MW-B designation, that not less than 1,000 square feet of floor
area devoted to personal service stores and convenience retail stores
shall be required for every 40 dwelling units constructed in such
district.
(7)
Emergency access. As a condition of changing the zoning
district classification of any property to MW-B designation, the Village
Board shall require that the proposed development include or be connected
to one or more on-site or off-site secondary emergency access routes.
(8)
Community space. As a condition of changing the zoning
district classification of any property to MW-B designation, the Village
Board may require that the proposed development include not less than
5,000 square feet of indoor community space suitable for social, civic,
educational and cultural meetings and activities, for use by Village
residents.
(9)
Other conditions. The Village Board may impose such
other reasonable conditions as it deems necessary in furtherance of
public health, safety and welfare, including, without limitation,
conditions implementing mitigation measures set forth in findings
adopted by the lead agency for environmental review of the proposed
rezoning and related actions in accordance with Title 8 of the Environmental
Conservation Law of the State of New York. Such conditions may include
requirements that the owner of the subject property construct or contribute
to the Village funds to be used for construction by the Village of
improvements intended to mitigate the projected impacts of the proposed
rezoning, including, without limitation, the improvements of nearby
municipal facilities as may be necessary to avoid adverse traffic,
safety, noise and air quality conditions in the vicinity of such facilities.
Such conditions also may include requirements for funding or refunding
from, without limitation, the proceeds of grants, insurance payments,
awards for damages in environmental litigation or other environmental
proceedings, received or to be received by the applicant or the Village,
for costs incurred or proposed to be incurred by the applicant or
the Village for environmental remediation or mitigation measures performed
or provided on waterfront lands adjacent to the subject property if
the Village Board shall determine that such off-site work will mitigate
the environmental impacts of the development of the subject property,
or alleviate environmental conditions on the adjacent property that
may adversely affect the safe and appropriate development of the subject
property.
(10)
Recorded covenants; easements.
(a)
In addition to any instruments referred to in Subsection G(1) through (9) above in this chapter, the Village Board may require as a condition of rezoning for MW-B use that any requirements or conditions set forth in any of such subsections shall be incorporated and defined in more specific detail in one or more declarations of covenants or similar instrument satisfactory to the Village Attorney executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division.
(b)
Easements, covenants, declarations or agreements
required to be recorded under this chapter shall not be subject or
subordinate to any liens, mortgages or other encumbrances. Such prohibition
shall be implemented in such manner as shall be acceptable to the
Village Attorney.
H.
Procedure for rezoning to Marine Waterfront-B designation. Upon the petition of an owner of property that meets the eligibility standards set forth in Subsection B above, the Village Board may change the zoning district classification of such property to MW-B designation by enacting an amendment to the Zoning Map,[3] in accordance with the procedures set forth in § 295-157 of this chapter. The provisions of this section shall not be deemed to limit the authority of the Village Board to make such change on its own initiative, in accordance with such procedures set forth in § 295-157.
(1)
Petition for zoning change. Petition for the rezoning
of property to MW-B designation shall be made to the Village Board.
The petition shall be accompanied by and shall include and incorporate
a concept plan consisting of drawings, illustrations and narrative
describing the petitioner's proposed development of the entire property
for which rezoning is requested. All drawings and illustrations included
in the concept plan shall be drawn to scale, but need not have the
precision of a finished engineering drawing or a site plan. The concept
plan shall include all items listed below:
(a)
An outline of the road system and pedestrian
walkways including any extension of roads which must conform to all
Village requirements and any proposed emergency access routes.
(b)
Delineation of the areas to be devoted to specific
uses, indicating the type and number of dwelling units and bedrooms
of residential uses; the type and floor area of nonresidential uses;
proposed parking facilities, including the capacity and the vehicular
access features of such parking facilities; and the location, height,
design concept and other principal characteristics of all proposed
buildings and structures.
(c)
Description of proposed park, esplanade and
other recreation facilities and open spaces and proposed provisions
for the long-term and short-term maintenance of such facilities and
project infrastructure.
(e)
The proposed water, storm and sanitary sewer
systems and how they are proposed to be connected to the system of
adjoining areas.
(f)
Environmental characteristics of the property,
including topography, areas of slope in excess of 20%, soils, rock
outcrops, streams, swamps, lakes, ponds and other wetlands and all
proposed alterations of said environmental characteristics.
(g)
Estimates of the school-age population, and
the guidelines and data on which the estimates are based.
(h)
Description of dwelling units to be reserved
for senior citizen households, including the number, size, locations
and amenities of such dwelling units.
(i)
Estimates of peak-hour traffic generation derived
from the proposed development and its relation to surrounding roads
and intersections, including methods proposed for alleviating traffic
impacts, including those caused by construction activities.
(j)
If the development is to be staged or phased,
a clear indication of the proposed timing of each stage or phase and
the improvements included therein.
(k)
Description of any off-site facilities or improvements
to be provided by the applicant.
(l)
Perspective drawings and narrative indicating
the visual impact of the proposed development as viewed from the Hudson
River and higher elevations inland of the subject property, including
impacts on existing view corridors.
(m)
Survey map prepared by a New York licensed surveyor depicting and describing by metes and bounds the shoreline of the subject property in accordance with the definition of "shoreline" set forth in Subsection F(9) of this section.
(n)
Description and samples of exterior construction
and paving materials.
(p)
Explanation required under Subsection F(2)(e) above, pertaining to rooftop elevator equipment, and a description of the proposed method of enclosing any such equipment.
(r)
Such other pertinent materials, including but
not limited to computer-assisted design representations and a statement
of the manner in which environmental mitigation measures are to be
implemented, as the Village Board shall require in connection with
its review of the application.
(2)
Environmental procedures.
(a)
All proceedings conducted under Subsections H and J shall comply with all applicable requirements of the New York State Environmental Quality Review Act[4] and regulations promulgated thereunder. If it is determined
by a lead agency designated under such Act and regulations that a
draft environmental impact statement must be prepared in connection
with any petition or application hereunder, then such petition or
application shall not be deemed to be complete until such draft environmental
impact statement has been accepted as complete by such lead agency.
[4]
Editor's Note: See Environmental Conservation
Law Article 8.
(b)
The Village Board, in its discretion, may allow omission from the concept plan of any information, plan or illustration required under Subsection H(1) above, if such information, plan or illustration is set forth, at pages indicated by the petitioner, in a draft environmental impact statement that has been prepared by the petitioner in compliance with the New York State Environmental Quality Review Act either in response to a requirement of the lead agency for environmental review of the proposed rezoning or on the petitioner's own initiative, and which is accepted as complete by the lead agency, provided that, if a final environmental impact statement has been accepted as complete by such lead agency prior to submission of the petition, then the environmental impact statement referred to above in this subsection shall be deemed to be such final environmental impact statement.
(c)
If the Village Board or any other governmental
entity determines that the subject property contains chemical contamination
of such type or in such concentration as to require further investigation
and cleanup activities, then the Village Board shall require, at the
time of remapping the subject property for MW-B designation, evidence
satisfactory to the Village Attorney that the petitioner has executed
a consent order or consent decree in form issued by the New York State
Department of Environmental Conservation, and that such order or decree
contains a remediation program satisfactory to the Village Board.
(3)
Fees. Every petition shall be accompanied by a fee
in such amount as the Village Board may from time to time determine[5] to help defray the costs of processing the application.
The petitioner also shall be required to bear the reasonable expense
of any technical assistance that the Village deems necessary to assist
in the review of technical aspects of the application.
[5]
Editor's Note: The fee schedule is on file
in the Village offices.
(4)
Decision of Village Board.
(a)
The Village Board shall refer the petition with all accompanying documents and materials required under Subsection H(1) above to the Planning Board for a report and recommendation. The Planning Board, with the assistance of the Architectural Review Board and such other Village boards, departments or officials as it shall deem appropriate, shall review the petition and all related documents and materials and shall render a report to the Village Board. The Planning Board may, at its discretion, recommend conditions or improvements in the concept plan for review by the Village Board in its recommendation as to the appropriateness of the requested rezoning.
(b)
Upon receipt of a report from the Planning Board, the Village Board shall set a date for and conduct a public hearing in accordance with § 295-157C of this chapter for the purpose of considering an amendment to the Zoning Map[6] to change the zoning district classification of the subject property to MW-B designation. The Village Board may attach such conditions as are reasonably necessary or appropriate to assure that the goals, objectives, requirements and standards of the MW-B District classification, including, without limitation, those set forth in Subsection G above, are met and achieved. The Village Board may require that any or all of such conditions be incorporated in a covenant or covenants satisfactory to the Village Attorney and executed by the owner of the subject property and recorded in the Westchester County Clerk's office, Land Records Division. In the event that a covenant or portion of a covenant is held to be unenforceable, the validity or enforceability of the remaining portion of such covenant or other covenants shall not be affected. If approved by the Village Board, the zoning amendment, with conditions, if any, shall be enacted by the Village Board as an amendment to the Zoning Map in accordance with the procedures set forth in § 295-157 of this chapter and such regulations as the Village has adopted or may in the future adopt. Each newly created MW-B District shall be considered a separate MW-B District for the purposes of this chapter, regardless of whether or not it is located adjacent to another MW-B District.
[6]
Editor's Note: The Zoning Map is on file in
the Village offices.
[3]
Editor's Note: The Zoning Map is on file in
the Village offices.
I.
Incentive density.
(1)
General provisions.
(a)
The Village Board has determined that, because
of their size and riverfront location, properties eligible for MW-B
designation encompass a major portion of the Village's development
potential, that such properties represent the most significant opportunity
to encourage the development of middle-income and senior citizen dwelling
units in the Village and thereby achieve certain of the public purposes
of the MW-B District classification; and that, therefore, to the extent
that the development of large riverfront properties fails to achieve
such public purpose, the opportunity to achieve such purpose will
be reduced.
(b)
The Village Board has determined that, in order
to achieve additional real property tax revenues needed to offset
additional costs of public services that may result from the scale
of development permitted in an MW-B District, it is appropriate to
encourage the construction in such district of dwelling units that
will be owned in fee simple.
(c)
The Village Board has determined that, in order
to encourage the provision of business office uses that are conducive
to long-term support by the occupants thereof for public and community
facilities and for amenities in an MW-B District; the establishment
of flexible employee work hours and other traffic-control measures
resulting in reduced traffic congestion; and reduction of traffic
resulting from delivery, trash removal and other services to occupants,
it is appropriate to provide an incentive for the provision in such
district of business office facilities occupied principally by a single
tenant, owner-occupant or other single occupant.
(d)
In order to provide an incentive that will encourage the development of middle-income dwelling units, senior citizen dwelling units or dwelling units that are to be owned in fee simple, or a combination of such types of dwelling units, the Village Board may allow, by special use permit and following a public hearing held on notice duly published and given as provided in § 295-143 of this chapter, an increased residential density and floor area ratio as set forth in Subsection I(3) below, subject to the provision of such types of dwelling units as public benefit features, as more fully set forth in Subsection I(2) and (3) below.
(e)
In order to provide an incentive that will encourage the provision of business office facilities that are to be occupied principally by a single tenant, owner-occupant or other single occupant, the Village Board may allow, by special use permit and following a public hearing held on notice duly published and given as provided in § 295-143 of this chapter, an increased floor area ratio for business and professional office use as more fully set forth in Subsection I(2) and (3) below.
(f)
The Village Board also may, in its discretion,
choose not to allow any incentive increase in an MW-B District. Action
by the Village Board on an application for any such increase shall
be taken only after review of the proposed public benefit features
by the Planning Board and submission of a report and recommendation
by said Board to the Village Board. Final site plan approval by the
Planning Board shall not occur until after the special use permit
determination by the Village Board with respect to any proposed incentive
density. The Village Board may, in its discretion, conduct such special
use permit procedures concurrently with the procedures for change
of zone set forth above in this chapter. The Village Board may require
that the applicant execute a declaration or agreement, to be recorded
in the Westchester County Clerk's office, Land Records Division, assuring
the permanency of the public feature or features for which incentive
density is approved. Notwithstanding any contrary provision of this
chapter, and in order to preserve the opportunity to review the potential
density of development in the light of changing demographic, economic
and development conditions, the right to apply for a special use permit
allowing incentive density with respect to a property in an MW-B District
shall expire one year following the date of action by the Village
Board changing the zoning district classification of such property
to MW-B designation.
(2)
Public benefit features. The public benefit features for which incentive density increases may be granted in an MW-B District are set forth in Subsection I(2)(a), (b) and (c) below:
(a)
Middle-income dwelling units.
[1]
The provision of dwelling units limited as to price or rental, and limited in occupancy to middle-income families, shall constitute a public benefit feature under this Subsection I(2). Such dwelling units may be provided in or outside of the subject property, and must be made available to Village of Hastings-on-Hudson residents on a first-priority basis. A family shall be considered a middle-income family if its aggregate income, including the total of all current annual income of all family members from any source whatsoever at the time of application, but excluding the earnings of working minors (under 21 years of age) attending school full time, shall not exceed the following multiple of the median annual wages paid by the Village to all of its full-time employees during the preceding calendar year:
|
Size of Family
|
Multiple of Median Annual Wages
| |
|---|---|---|
|
1-person family
|
1.1
| |
|
2-person family
|
1.4
| |
|
3-person family
|
1.7
| |
|
4-person family
|
1.8
| |
|
5-person family
|
2.0
| |
|
6-person family
|
2.2
| |
|
7-person family
|
2.4
| |
|
8-or-more-person family
|
2.5
|
[2]
For property or other investments that are not returning measurable income (excluding normal household personal possessions), a yearly income of 8% of the fair market value of the investment shall be included in the family's aggregate income. A "middle-income dwelling unit" shall be defined as a unit having a monthly rent which, after excluding utilities (gas, oil, electricity, water and sewage) does not exceed 1.75% of the applicable maximum annual family income determined under the preceding sentence; or a unit having a gross sale price not exceeding two times such income. Upon subsequent resale or re-rental, such dwelling units shall remain subject to the limitations and requirements of this Subsection I(2)(a), or to such other or additional requirements as the Village Board may establish as a condition of the special permit, to assure that the objectives of this Subsection I(2)(a) are achieved in a permanent manner. At the time of granting any special use permit in connection with dwelling units limited in occupancy to middle-income families, the Village Board may impose conditions providing, without limitation, for variation by the Village Board of any of the foregoing income, rental or price levels by up to 15% to reflect updated demographic, census or marketing data; or detailed eligibility rules supplementing the provisions of this Subsection I(2)(a) as shall be necessary and appropriate in order to implement and achieve the purposes of such provisions.
(b)
The provision of dwelling units limited in occupancy to senior citizen households, with priority for Hastings-on-Hudson residents, also shall constitute a public benefit feature under this Subsection I(2). Such dwelling units shall be suitable for senior citizen occupancy, and shall remain subject to the limitations and requirements of this Subsection I(2)(b), or to such other or additional requirements as the Village Board may establish as a condition of the special use permit, to assure that the objectives of this subsection I(2)(b) are achieved in a permanent manner. In considering such suitability, the Village Board shall take into account the nature and extent of special features provided for senior citizen use both within the individual dwelling units and in the development as a whole, the availability of a variety of unit sizes, the location of such units within the development and in relation to ease of access to convenience retail and personal service stores, the proposed pricing of the senior citizen units and the effectiveness and fairness of the proposed priority arrangement for Hastings-on-Hudson residents. For the purposes of this section, a "senior citizen household" is defined as a household in which at least one member residing or proposing to reside in a reserved dwelling unit has attained the age of 65 years or more on the date that such household initially occupies the dwelling unit. At the time of granting any special use permit in connection with dwelling units limited in occupancy to senior citizen households, the Village Board may impose conditions providing for more detailed eligibility rules supplementing the provisions of this Subsection I(2)(b) as shall be necessary and appropriate in order to implement and achieve the purposes of such provisions.
(c)
The provision of more than 85 dwelling units (including but not limited to townhouses) intended to be owned in fee simple shall constitute a public benefit feature under this Subsection I(2). Such units shall remain subject to the limitations of this Subsection I(2)(c), or to such other or additional requirements as the Village Board may establish as a condition of the special permit, to assure that the objectives of this Subsection I(2)(c) are achieved in a permanent manner.
(d)
The provision of business office facilities in which not less than 65% of the permitted gross floor area, as the same may be increased under this Subsection I(2) and (3) below, is to be occupied by a single tenant, owner-occupant or other single occupant shall constitute a public benefit feature under this Subsection I(2). Such office facilities shall remain subject to the limitations of this Subsection I(2)(d), and to such other or additional requirements as the Village Board may establish as a condition of the special use permit, to assure, so far as is practicable, that the objectives of this Subsection I(2)(d) are achieved on a long-term basis.
(3)
Amount of increase.
(a)
For the provision of public benefits described in Subsection I(2)(a), (b) or (c) above, or for the provision of a combination of such public benefits, the number of permitted dwelling units determined under Subsection F(1) above may be increased by up to an additional 16 1/2% in the aggregate, and the maximum floor area ratio set forth in Subsection F(3)(a) above [excluding any increase thereof under Subsection I(3)(b) below] may be increased by up to an additional 13% in the aggregate.
(b)
For the provision of public benefits described in Subsection I(2)(d) above, the maximum floor area ratio set forth in Subsection F(3)(c) of this section may be increased by an additional 12%, provided that all of such increase shall be used for business office facilities occupied as described in said Subsection I(2)(d). If a twelve-percent increase in floor area ratio is approved under the preceding sentence, then the maximum floor area ratio set forth in Subsection F(3)(a) of this section, as the same may be increased under Subsection I(3)(a) above in this section, shall be increased to the extent necessary to reflect the additional permitted floor area resulting from such twelve-percent increase.
(4)
General criteria for incentive density. In determining the specific amount of density incentive increase that may be granted, if any, the Village Board shall take into consideration the conditions and standards set forth in § 295-87 and the following:
(a)
The number, extent and combination of public
benefit features to be provided.
(b)
The need for the provision of such public benefits
by the applicant, at that time, and the relative merits of alternative
means of obtaining such benefits then available to the Village.
(c)
The degree of compatibility of such public benefit
features with other goals, objectives, limitations, standards and
requirements and guidelines set forth in this chapter with respect
to development in an MW-B District.
(d)
The quality and variety of design of the proposed public benefit features, and assurances of quality of construction of the dwelling units, as determined by the Planning Board in the course of its review under Subsection K below.
(e)
The amount of incentive density increase necessary
to more than offset the cost or economic penalty of providing the
public benefit features, thereby creating the incentive for providing
such features.
(f)
With respect to middle-income or senior citizen
dwelling units, the effectiveness and fairness of the procedure for
determining eligibility for occupancy of such dwelling units and the
proposed priority arrangement for Village residents.
(g)
The effectiveness of legal mechanisms for assuring
that the reservation of dwelling units for their public benefit purpose
will be permanent.
(h)
The integration of the proposed middle-income,
senior citizen or fee simple ownership dwelling units into the overall
development or neighborhood in which they are to be located.
(i)
With respect to middle-income or senior citizen
dwelling units, the suitability of the proposed location, and equipping
of such dwelling units.
(j)
With respect to dwelling units intended to be
owned in fee simple, the anticipated level of real property tax revenues
to be generated by such dwelling units.
(k)
With respect to business office facilities that
are to be occupied principally by a single tenant or owner-occupant,
the degree of assurance that such occupancy actually will occur and
the probable duration of such occupancy, as evidenced by, among other
things, executed leases, agreements and other documents.
(5)
Economic analysis. In order to facilitate the economic
analysis of an application for density increase, the Village Board
may engage its own independent experts either to prepare such analyses
or to review those prepared by the applicant. The reasonable cost
of such expert assistance shall be reimbursed to the Village by the
applicant.
J.
Site development plan approval in an MW-B District.
(1)
Application. After the Village Board has amended the
Village Zoning Map[7] to change the zoning district classification of a property to MW-B designation, the owner shall submit an application for site development plan approval to the Planning Board in accordance with §§ 295-104 through 295-114 of this chapter. In addition to the information and materials required to be submitted to the Planning Board under § 295-106 of this chapter, such application shall include or be supplemented by such computer-assisted design representations as the Planning Board may request in connection with its review of the application. The Planning Board shall take into account any conditions imposed on the applicant by the Village Board in connection with the Zoning Map amendment. The Planning Board may incorporate any conditions of site development plan approval in declarations or agreements satisfactory to the Village Attorney, to be executed by the applicant and recorded in the Westchester County Clerk's office, Land Records Division.
[7]
Editor's Note: The Zoning Map is on file in
the Village offices.
(2)
Standards of review. The Planning Board shall not approve an application for site plan approval for property in an MW-B District unless the standards for site plan approval set forth in § 295-109 below are met, and unless the Planning Board ensures through conditions imposed in connection with such approval that the additional requirements and standards set forth in Subsection K are met. As a condition of site plan approval, the Planning Board may require one or more bonds or letters of credit containing terms satisfactory to said Board as security for implementation of the traffic, infrastructure, amenities, landscaping, public open space and recreation elements of the approved site development plan and related environmental mitigation measures. The Planning Board also may require the imposition of fees for the inspection of construction on the subject property. The foregoing provisions of this section concerning security and fees shall be implemented in such manner as to avoid duplication of any similar measures previously required by the Village Board in connection with any Zoning Map amendment or special permit proceeding.
K.
Design review. Because of the visual prominence of development in an MW-B District, the importance of preserving dramatic views that may be affected by such development, and the proximity of the riverfront to the commercial and civic center of the Village, the Planning Board as part of the site plan review process shall apply the special design guidelines set forth below in this section. It is the objective of the design guidelines to establish a general design framework that will preserve and enhance scenic views, assure an attractive environment for public access to the waterfront, respect the architectural character and scale of buildings in the Village center area and preserve the economic value of properties in such area. In reviewing applications for site plan approval for properties in an MW-B District, the Planning Board may attach more or less weight to any guideline in relation to other guidelines, as may be appropriate under the particular circumstances presented by a specific application. The guidelines are set forth in Subsection K(1) through (4) below:
(1)
Architectural character and preservation of views.
Development in an MW-B District shall be designed in such a way as
to respect the scale and character of the existing Village, preserve
and enhance views of the Hudson River and the Palisades as seen from
upland areas and enhance views of the subject property as seen from
the Palisades and the river. In applying such standards, the Planning
Board shall consider the extent to which an application for site plan
approval contains architectural features consistent with such standards
and with the objectives and purposes set forth herein, including,
without limitation, the following architectural features:
(a)
Design of buildings as an integrated part of
overall site design related to the downtown area of the Village and
other surrounding development, and to topographical conditions.
(b)
Orientation of taller buildings in an east/west
direction in order to avoid the creation of high, continuous visual
barriers.
(c)
The siting of buildings to respect important
views north, south and west from public facilities such as Fulton
Park, the Village Municipal Building and Library, the Warburton Avenue
Bridge, Washington Avenue and Warburton Avenue south of Washington
Avenue, and from on-site areas devoted to park, esplanade, retail
or community use.
(d)
The siting of taller buildings in proximity
to upland areas of higher elevation lying inland of the subject property.
(e)
Where appropriate because of existing or potential
uses on adjacent dry land areas, the provision of adequate setbacks
along boundaries with such areas, to allow for landscaped buffers
and screening.
(f)
Limitation of length of buildings and variation
of building heights, including stepdown of building heights in a riverward
direction.
(g)
Use of setbacks and indentations of walls and
facades to help achieve a pedestrian-scaled environment, particularly
in areas devoted to park, esplanade, retail or community use.
(h)
Use of pitched roofs, dormer windows, gables
and other architectural elements in order to provide visual interest
and reduce the apparent scale of the development.
(2)
Landscaping. In addition to the requirements set forth above in §§ 295-45, 295-46 and 295-32, there shall be a coordinated landscape design incorporating the landscape treatment for all open spaces, walks, access roads and parking areas in an MW-B District into a continuous and integrated design, which shall relate properly to proposed buildings. Open spaces shall be located so as to take into consideration existing views and the creation and preservation of centrally located landscaped areas, parks and plazas. In applying such standards, the Planning Board shall consider the manner and extent to which an application for site plan approval contains landscaping features consistent with such standards and with the purposes set forth herein, including, without limitation, the following landscape features:
(a)
Landscape treatment of plazas, pedestrian areas,
esplanades, courtyards, park areas and similar areas, including a
mix of shade trees and other plant material such as ground cover and
shrubs, with proper regard for factors such as microclimate, function
of area and required maintenance, in determining the species, scale
and planting pattern.
(b)
Screening new development on the subject property
from adjacent properties and appropriate screening between residential
and nonresidential uses within the subject property.
(c)
The use in esplanades, walks, plazas, parking
lots and other surface areas of paving materials that offer some variety
of pigments and textures that are in harmony with nearby proposed
buildings and paved areas and are safe for pedestrian traffic, including
the handicapped.
(d)
The use of covered and trellised outdoor spaces
such as loggias, arcades and colonnades in order to provide shade,
transition between indoors and outdoors and to add visual interest,
shadow and depth to building elevations.
(e)
Planting of sidewalks on public or private streets
with regularly spaced, salt-tolerant shade trees.
(f)
Softening of the visual impact of parking areas by screening of all parking areas from street view, by interrupting continuous rows of parking spaces with planting, by creating planted canopies over parking areas and by compliance with additional requirements set forth in § 295-32 of this chapter.
(3)
Lighting. All exterior lighting in an MW-B District,
including the lighting of signs, shall be directed away from residential
units and from adjoining streets and should be so located and shielded
that the light sources are not directly visible from any adjoining
street or property or from the Hudson River and that any such illumination
does not cause glare observable from neighboring properties. The Planning
Board may restrict hours of lighting and types of fixtures.
(4)
Signs.
(a)
Except as otherwise provided in this chapter,
signs may be lighted, provided that the lights are so located and
shielded that the sources are not directly visible from points beyond
the boundaries of the lot on which they are located. In no case, however,
shall such signs include any flashing or intermittent lights; lights
of changing degrees of intensity; illuminated tubing; or strings of
light outlining rooflines, doors, windows or wall edges of any buildings;
nor shall such signs be of a type that has the whole or any part in
motion by rotating, fluttering or any other means, except that customary
seasonal lighting and decorations shall be permitted.
(b)
Signs shall not obscure any sign displayed by
a public authority, nor interfere with access of light or air to any
window in any building, nor obstruct any opening in any building required
by law for ingress or egress.
(c)
No signs or lighting of signs shall be permitted
if the approving authority finds that they may be mistaken for traffic
signal devices.
(d)
In addition to compliance with the above, a sign plan must be submitted to the Planning Board, as part of the application for site plan approval, describing the size, number, content and placement of all signs to be used in the MW-B District. The use of all signs must be in accordance with the general design guidelines as set forth above in Subsection K(1), (2) and (3) of this section.
L.
Applicability of other provisions to an MW-B District.
(1)
General regulations. All the general regulations set forth in this chapter shall apply in their entirety to an MW-B District except as expressly set forth in the provisions of Subsections A through L, inclusive, of this section, and except as set forth below:
(a)
In applying § 295-18D within an MW-B District, the approving authority shall be the Planning Board, except in instances in which the Village Board is designated under this chapter as the approving authority.
(b)
In applying § 295-27 within an MW-B District, the approving authority shall be the Village Board.
(d)
In an MW-B District, the height limitations set forth in § 295-21A shall be measured in feet above elevation 10 established in National Geodetic Vertical Datum (1929).
(f)
In the MW-B District, the time of expiration of any special use permit shall be as established by the Village Board as a condition of such special use permit, notwithstanding any contrary provisions of § 295-96 of this chapter.
(g)
In an MW-B District, the provisions of §§ 295-82 and 295-67B(1) through (3) of this chapter shall not be applicable.
[Added 2-17-1998 by L.L. No. 1-1998]
A.
Purpose. The Personal Wireless Service Facilities
Overlay District is an overlay district intended to provide a suitable
choice of locations for the establishment, construction and maintenance
of personal wireless service facilities.
B.
Permitted uses. Except as specified in Subsection N (Special Permits for sites outside the Personal Wireless Service Facilities Overlay District), all new personal wireless service facilities, and all additions and/or modifications to currently existing personal wireless service facilities, shall be allowed only in the Personal Wireless Service Facilities Overlay District, and only pursuant to a special permit issued by the Planning Board, in accordance with the criteria set forth in this section.
C.
Application requirements. Applicants for special permits
under this section shall file with the Village Building Inspector
six copies, and with the Planning Board 13 copies, of the following
documents:
(1)
Site plan. A site plan, in conformance with applicable site plan submission requirements contained in § 295-106 of this chapter. The site plan shall show elevations, height, width, depth, type of materials, color schemes and other relevant information for all existing and proposed structures, equipment, parking and other improvements. The site plan shall also include a description of the proposed personal wireless service facility and such other information that the Planning Board requires.
(2)
Environmental assessment form. A completed environmental
assessment form (EAF), including the visual EAF addendum. Particular
attention shall be given to visibility from key viewpoints identified
in the visual EAF addendum, existing tree lines and proposed elevations.
(3)
Visual impact graphic information. Graphic information
that accurately portrays the visual impact of the personal wireless
service facility from various vantage points selected by the Village
Building Inspector. This graphic information should be provided in
the form of photographs or computer-generated images with the personal
wireless service facility superimposed.
(4)
Landscape plan. A landscape plan delineating the existing trees or areas of existing trees to be preserved, the location and dimensions of proposed planting areas, including the size, type and number of trees and shrubs to be planted, curbs, fences, buffers, screening elevations of fences and materials used. For towers or monopoles, the landscape plan shall also address the criteria set forth in Subsection G.
(5)
Plan for fencing and signage. A plan showing any fencing and signage required by Subsection F(6).
(6)
Map of proposed coverage and existing facilities.
A map showing the area of coverage of the proposed facility and listing
all existing personal wireless service facilities owned or operated
by the applicant in the Village and bordering municipalities containing
personal wireless service facilities, and a detailed report indicating
why the proposed personal wireless service facility is required to
provide service to locations within the Village that the applicant
is not able to serve with existing facilities that are located within
and outside the Village, by collocation and otherwise.
(7)
Documentation of other personal wireless service facility
sites. If a new site for a personal wireless service facility is proposed,
the applicant shall submit a report setting forth in detail:
(a)
An inventory of existing personal wireless service
facilities within the Village that are within a reasonable distance
from the proposed facility with respect to coverage, to the extent
that this information is available to the applicant from the Building
Department files and other sources.
(b)
An inventory of existing personal wireless service
facilities in other municipalities that can be utilized or modified
in order to provide coverage to the locations the applicant is seeking
to serve, to the extent that this information is available to the
applicant.
(c)
A report on the possibilities and opportunities
for collocation as an alternative to a new site.
(8)
Report on existing tall structures. If a new site
for a personal wireless service facility is proposed, the applicant
shall submit a report that, in detail:
(a)
Identifies all existing tall structures, such
as water tanks, utility poles, church spires, etc., in the Personal
Wireless Service Facilities Overlay District; and
(b)
Outlines the possibilities for use of those
tall structures as an alternative to new construction, including a
statement as to whether the owner of the tall structures would permit
the location of the proposed personal wireless service facility on
that structure.
(9)
Documentation of proposed height. Documentation sufficient
to demonstrate that the proposed height is the minimum height necessary
to provide service to locations that the applicant is not able to
serve with existing facilities within and outside the Village.
(10)
Structural engineering report. A report prepared
by a New York State licensed professional engineer specializing in
structural engineering as to the structural integrity of the personal
wireless service facility and its compliance with the New York State
Uniform Fire Prevention and Building Code.
(a)
In the case of a tower or monopole, the structural
engineering report shall describe the structure's height and design,
including a cross-section of the structure, demonstrate the structure's
compliance with applicable structural standards and describe the structure's
capacity, including the number of antennas it can accommodate and
the precise point at which the antenna shall be mounted.
(b)
In the case of an antenna mounted on an existing
structure, the structural engineering report shall indicate the ability
of the existing structure to accept the antenna, any modifications
to the existing structure that may be required, the proposed method
of affixing the antenna to the structure and the precise point at
which the antenna shall be mounted. In addition, the report shall
certify that the proposed personal wireless service facility will
not diminish the structural integrity and safety of the existing structure.
(11)
Engineering analysis of radio emissions.
(a)
An engineering analysis of the radio emissions,
and a propagation map for the proposed personal wireless service facility.
The analysis shall be prepared and signed by a New York State licensed
professional engineer specializing in electrical engineering or a
qualified radio technician or health physicist with expertise in radio-communication
facilities and electromagnetic energy. The results from the analysis
must clearly show that the power density levels of the electromagnetic
energy generated from the proposed facility are within the allowable
limits established by the Federal Communications Commission (FCC)
or, in the absence of limits established by the FCC, by the American
National Standards Institute (ANSI), which are in effect at the time
of the application.
(b)
If the proposed personal wireless service facility
would be collocated with an existing facility or would be located
within 250 feet of another personal wireless service facility, the
cumulative effects of the facilities must also be analyzed. The power
density analysis shall be based on the assumption that all antennas
mounted on the proposed facility and any other facility within 250
feet are simultaneously transmitting radio energy at a power level
equal to the maximum antenna power rating specified by the antenna
manufacturer.
(12)
Statement regarding noninterference. A certified
statement by a New York State licensed professional engineer specializing
in electrical engineering or a qualified radio technician that installation
of the personal wireless service facility will not interfere with
the radio or television service enjoyed by adjacent residential and
nonresidential properties or with public safety telecommunications.
(13)
Statement regarding collocation. For a new tower
or monopole, a statement by the applicant that the applicant and its
successors in interest will:
(a)
Negotiate in good faith for shared use of the
proposed personal wireless service facility by other personal wireless
service providers in the future;
(b)
Respond in a timely and comprehensive manner
to a request for information from a potential shared use applicant;
(c)
Allow shared use of the new tower if it is technically
and economically feasible and if another personal wireless service
provider agrees, in writing, to pay charges; and
(d)
Make no more than a reasonable charge for shared
use, based on generally accepted accounting principles. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity and
depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
D.
Public hearing.
(1)
The Planning Board shall conduct a public hearing
on the application within 62 days after the completed application
is received by the Building Inspector. The hearing shall be held upon
the same notice as that required for a zoning variance.
(2)
In addition to the notice required for a zoning variance,
the applicant shall give 14 days' written notice to the legislative
body of each municipality that borders the Village, as well as to
the County Planning Board. Notice shall include the exact location
of the proposed personal wireless service facility and a general description
of the project.
F.
Criteria for special permit applications. Applicants
for special permits for establishment or construction of personal
wireless service facilities shall meet all of the following criteria:
(1)
Necessity. The proposed personal wireless service
facility is required to provide service to locations within the Village
that the applicant is not able to serve with existing facilities that
are located within and outside the Village, by collocation and otherwise.
(2)
Collocation.
(a)
The collocation of existing personal wireless
service facilities only within the Personal Wireless Service Facilities
Overlay District shall be strongly preferred to the construction of
new personal wireless service facilities.
(b)
Approval of a proposal to share space on an
existing personal wireless service facility within the Personal Wireless
Service Facilities Overlay District shall be conditioned upon the
applicant's agreement to pay the reasonable costs of adapting an existing
facility to a new shared use. These costs can include but are not
limited to structural reinforcement, prevention of transmission or
receiver interference, additional site screening and other changes
required to accommodate shared use.
(c)
If a new site for a personal wireless service
facility is proposed, the applicant must demonstrate that the proposed
personal wireless service facility cannot be accommodated on an existing
personal wireless service facility within the Village or on an existing
facility in another municipality due to one or more of the following
reasons:
[1]
Service to the locations to which the applicant
seeks to provide service cannot be provided by existing facilities
within or outside the Village.
[2]
Adequate and reliable service cannot be provided
from existing sites in a financially and technologically feasible
manner consistent with the applicant's system requirements.
[3]
Existing sites cannot accommodate the proposed
personal wireless service facility due to structural or other engineering
limitations, such as frequency incompatibilities.
[4]
The applicant has been unable to come to a reasonable
agreement to collocate on another personal wireless service facility.
The applicant shall provide the names, addresses, phone numbers and
FAX numbers of other service providers approached, along with a written
statement as to why an agreement to collocate could not be reached.
[5]
Other reasons make it impracticable to place
the proposed equipment on an existing and approved personal wireless
service facility within the Village or existing facilities in other
municipalities.
(3)
Location on existing tall structure. Where collocation
is unavailable, location of a personal wireless service facility on
a preexisting tall structure, such as a water tank, utility pole,
church spire, etc., shall be preferred to the construction of a tower
or monopole. The applicant must demonstrate that it has made good
faith efforts to locate the personal wireless service facility on
each existing tall structure in the Personal Wireless Service Facilities
Overlay District, but that, for physical, technical and/or financial
reasons, or because of the inability to obtain a lease, the personal
wireless service facility cannot be accommodated on any existing tall
structure in the PWSF District.
(4)
Maximum height and size.
(a)
Unless the Federal Communications Commission
promulgates rules to the contrary or the applicant demonstrates to
the satisfaction of the Planning Board that a greater height is necessary,
the maximum height for an antenna mounted on another structure shall
be six feet above the highest point of the building or structure on
which it is installed. The maximum height for a tower or monopole
shall be 125 feet above ground level or the minimum height necessary
to provide service to locations that the applicant is not able to
serve with existing facilities within and outside the Village, whichever
is less. The Planning Board may permit a tower or monopole to be higher
than the minimum necessary to provide service to such locations if
such additional height is necessary to accommodate collocation of
other personal wireless service facilities on the same tower or monopole.
(b)
Accessory structures shall be the minimum size
necessary to house the equipment for the PWSF, but in no event shall
they be larger than 250 square feet (inside dimensions) per carrier.
(5)
Setbacks. Personal wireless service facilities, including
accessory structures, shall be set back as far as practicable from
the nearest residential dwelling.
(6)
Security and signage. Personal wireless service facilities
shall be fenced or otherwise secured in a manner that prevents unauthorized
access by the general public. A sign no larger than two square feet
shall be posted on a personal wireless service facility to provide
adequate notification to persons in the immediate area of the presence
of an antenna that has transmit capabilities. The sign shall also
contain the name(s) and emergency telephone number(s) of the owner(s)
and operator(s) of the personal wireless service facility. In addition,
if the personal wireless service facility is mounted on a roof, any
door having access to the roof shall bear a similar sign. If a fence
is required around the personal wireless service facility, the entrance
to the enclosure shall bear a similar sign.
(7)
Placement. Unless wall-mounted on an existing roof-mounted
mechanical enclosure or similar appurtenance, all antennas mounted
on a roof shall be located so that visibility of the antenna is limited
to the greatest extent practicable, consistent with the needs of the
antenna to transmit an unobstructed signal. Antennas wall-mounted
on a roof-mount mechanical enclosure or similar appurtenance shall
not exceed the height of the appurtenance at the point of installation.
(8)
Future collocation. New personal wireless service
facilities shall be designed to accommodate additional antennas for
purposes of collocating.
(9)
Design guidelines. The proposed personal wireless service facility shall meet the design guidelines set forth in Subsection G.
(10)
Structural engineering standards. The proposed personal wireless service facility shall meet the structural engineering standards referred to in Subsection C(10).
(11)
Emissions standards. The power density levels
of the electromagnetic energy generated from the proposed personal
wireless service facility must be within the allowable limits established
by the FCC.
G.
Design guidelines. The proposed personal wireless
service facility shall meet the following design guidelines:
(1)
Finish/colors:
(a)
Towers or monopoles not requiring Federal Aviation
Administration (FAA) painting or marking shall either have a galvanized
finish or be painted gray or blue-gray above the surrounding tree
line and gray, green or tannish brown below the surrounding tree line.
(b)
If an antenna is installed on a structure other
than a tower or monopole, the antenna and supporting electrical and
mechanical equipment must be of a neutral color that is identical
to or compatible with the color of the supporting structure, so as
to make the antenna and related equipment as visually unobtrusive
as possible.
(2)
Illumination. No signals, lights or illumination shall
be permitted on personal wireless service facilities unless required
by the FAA or other federal, state or local authority. Lighting may
be permitted, however, at an accessory equipment shelter if the Planning
Board determines that it is necessary for the security of the personal
wireless services facility. When lighting is used, it shall be shielded
to prevent undue impact on the surrounding neighborhood.
(3)
Architectural compatibility.
(a)
Where a personal wireless service facility is
to be attached to an existing building or structure, such facility
shall be integrated into such existing building or structure in a
manner that blends with the architectural characteristics of the building
or structure to the maximum extent practicable.
(b)
Accessory structures shall be designed to blend
with the architectural characteristics of neighboring residential
structures.
(4)
Landscaping.
(a)
Accessory structures shall be landscaped with
evergreen trees or shrubs of sufficient size and density to screen
the accessory structure from residential property or public spaces.
(b)
For towers or monopoles, vegetative screening
shall be provided to effectively screen the tower base, including
fencing. At a minimum, screening shall consist of one row of native
evergreen shrubs or evergreen trees capable of forming a continuous
hedge at least 10 feet in height within two years after planting.
Existing vegetation shall be preserved to the maximum extent practicable
and may be used as a substitute of or in supplement toward meeting
landscaping requirements. Additional screening may be required to
screen portions of the structure from nearby residential property
or important views. All landscaping shall be properly maintained to
ensure good health and viability.
(5)
Visibility. All personal wireless service facilities
shall be sited to have the least possible adverse visual effect on
the environment.
H.
Technical assistance. The Planning Board may obtain
professional planning, technical or engineering advice to assist it
in its review of an application under this section. The expenses of
this professional advice shall be paid by the applicant.
I.
Planning Board determination.
(1)
The Planning Board may approve, approve with conditions
or disapprove the application for a special permit within 62 days
after the public hearing. The period in which the Planning Board may
take action may be extended with the consent of the applicant.
(2)
In granting a special permit under this section, the
Planning Board may impose reasonable conditions that are directly
related to and incidental to the proposed personal wireless service
facility.
J.
Construction and abandonment.
(1)
Time limit for completion. A building permit must
be obtained within 12 months after approval of a special permit for
a personal wireless service facility, and construction of such facility
must be completed within 24 months after such approval. The special
permit shall automatically expire in the event that the Building Department
has not granted such permit and construction of the facility is not
completed within the periods set forth above.
(2)
Abandonment. In the event that the use of any personal
wireless service facility has been discontinued for a period of 180
consecutive days or more, the facility shall be deemed to be abandoned.
Determination of the date of abandonment shall be made by the Building
Inspector, who shall have the right to request documentation from
the owner/operator of the facility regarding usage of that facility.
Upon such abandonment, the owner/operator shall remove the facility
at its own expense, and, failing prompt removal, the Village may remove
the facility at the owner/operator's expense. All special permits,
variances and approvals of any nature granted by the Village shall
automatically expire as of the date of abandonment of the facility.
K.
Compliance with other laws.
(1)
The owner or operator of every personal wireless service
facility for which a special permit under this section is issued shall
submit to the Building Department copies of all licenses and permits
required by other agencies and governments with jurisdiction over
the design, construction, location and operation of such personal
wireless service facility and shall submit evidence of renewal or
extension thereof when granted.
(2)
Evidence of compliance with FCC emissions standards
shall be submitted to the Building Department on a yearly basis.
L.
Expiration of special permit.
(1)
A special permit issued under this section shall be
deemed to authorize only the particular use or uses specified in the
permit and shall expire upon termination of the use.
(2)
A special permit may not be assigned or transferred
unless the assignment and transfer is approved by the Planning Board.
M.
Registration. The Building Department shall maintain
a file of all special permits issued under this section, which file
shall include all documents submitted in connection with the application
for the special permit. If the name or address of the owner or operator
of any personal wireless service facility is changed, the operator
must notify the Building Department, in writing, of the change within
30 days.
N.
Special permits for sites outside the Personal Wireless Service Facilities Overlay District. In addition to the requirements stated in Subsections A through G, personal wireless service facilities at sites outside the Personal Wireless Service Facilities Overlay District shall require a variance from the Zoning Board of Appeals and shall be permitted only if a New York State licensed professional engineer specializing in electrical engineering or a qualified radio technician with expertise in radio-communication facilities establishes to the satisfaction of the approving agency all of the following:
(1)
That the personal wireless service facility is needed
to provide coverage to an area of the Village that currently has inadequate
coverage and is of the minimum height and aesthetic intrusion necessary
to provide that coverage.
(2)
That all reasonable measures in siting the personal
wireless service facility within the Personal Wireless Service Facilities
Overlay District have been exhausted.
(3)
That technical or space limitations prevent location
or collocation in the Personal Wireless Service Facilities Overlay
District.
O.
Alteration of an existing personal wireless service
facility. Alteration of an existing personal wireless service facility
that results in an increase in the size, height or electromagnetic
emission of the personal wireless service facility shall be permitted
only after application to the Planning Board, which shall review the
matter as if the alteration were an entirely new application for a
special permit.
P.
Bond required. As a condition of granting any special
permit for the construction of a tower or monopole under this section,
the Planning Board shall require the applicant to post a bond, in
the amount determined by the Planning Board, based on engineering
estimates, to cover the cost of removing and disposing of the tower
or monopole. The bond shall be maintained for so long as the tower
or monopole remains in place. From time to time the Planning Board
may adjust the amount of the bond and require the submission of a
new or modified bond based on engineering estimates of the cost of
removing and disposition of the tower or monopole.
Q.
Exemptions from this section. The following are exempt
from the provisions of this section:
(1)
Machines and equipment designed and marketed as consumer
products, such as walkie-talkies, ham radios not used for commercial
purposes, remote control toys and cellular phones.
(2)
Hand-held, mobile, marine and portable radio-communication
transmitters and/or receivers.
(3)
Two-way radios utilized for temporary or emergency
service communications.
(4)
Two-way radios utilized for government service communications.
(5)
Backup wireless transmitters connected to an alarm
monitoring service that transmits to a remote monitoring center in
the event of an emergency when the telephone lines are inoperable.
(6)
Over-the-air receive-only devices in compliance with
FCC rules and standards.
[Added 1-5-2016 by L.L.
No. 1-2016[1]]
A.
Purpose. The Comprehensive Plan of the Village of Hastings-on-Hudson
adopted in 2011 identified large tracts located within the Village's
Gateways as representing important viewsheds along major roadways
and also indicated that these parcels contain important natural resources
which should be protected and preserved. The use of clustering for
future development of these parcels will help to preserve the natural
and scenic qualities of these parcels and preserve the character of
the Gateways to the Village.
B.
Authorization. In connection with any application for subdivision
of a property within the Gateway Cluster Overlay District, the Planning
Board of the Village of Hastings-on-Hudson is hereby authorized, pursuant
to New York State Village Law § 7-738 to modify applicable
provisions of this chapter to enable and encourage flexibility of
design and development of land in such manner as to preserve the natural
and scenic qualities of open space lands, including open meadows,
woodlands, scenic views and wetlands. Any subdivision designed under
this article shall indicate on the final plat that it is a cluster
subdivision.
C.
Mandatory clustering. The Planning Board shall require an applicant
to submit a cluster plan utilizing the provisions of this section
and § 7-738 for the development of parcels four acres or
greater in size located within the Gateway Cluster Overlay District.
The Planning Board, at its discretion, may mandate cluster development
of a parcel of four acres or less in size in order to preserve the
natural and scenic qualities of open lands.
D.
Density determination. A cluster development shall result in a permitted
number of building lots or dwelling units which shall in no case exceed
the number which could be permitted, in the Planning Board's judgment,
if the land were subdivided into lots conforming to the minimum lot
size and density requirements of the Zoning Code applicable in the
underlying zoning district. The applicant shall submit a conventional
subdivision layout to determine the maximum density for the cluster
subdivision. The conventional layout must consider environmental constraints
on development as well as roads, utilities and other attributes which
would impact the density of a conventional subdivision.
E.
Development standards and controls.
(1)
In connection with approval of a subdivision plat pursuant to
this section and § 7-738, the Planning Board is hereby authorized
to modify the minimum lot size and width, required yards and lot coverage;
however, the maximum building height shall not be modified. The Planning
Board shall also have the authority to modify requirements for widths
of roads, provided that adequate provision is made for fire and emergency
access.
(2)
In applying the provisions hereof, the Planning Board shall
have the authority to permit detached, semiattached and attached housing
units.
(3)
A buffer of 150 feet shall be provided along the lot frontage
on all streets, and a fifty-foot buffer shall be provided around the
perimeter of any cluster subdivision from all other property lines.
No structures except for entrance roads or driveways shall be permitted
within such buffer. At the discretion of the Planning Board, the buffer
can be maintained in its natural state or landscaped pursuant to an
approved landscape plan.
(4)
Permitted uses shall include all uses permitted in the underlying
zoning district and as permitted therein.
(5)
The cluster subdivision shall result in restricted open spaces
as determined by the Planning Board. All open space, recreation or
common areas shall be restricted, managed and maintained in accordance
with a form of legal ownership and restrictions to be approved by
the Planning Board and the Village Attorney.
(6)
The procedure to be followed for approval of a cluster subdivision shall be the same as for approval of a conventional subdivision pursuant to Article XIII of this chapter, and all provisions thereof not modified by this section shall apply.
(7)
The Planning Board shall ensure that clustering hereunder preserves
the natural and scenic qualities of open space lands, including open
meadows, woodlands, scenic views and wetlands.
[1]
Editor's Note: Section 3 of L.L. No. 1-2016 amended the Zoning
Map to indicate the following properties as within the Gateway Cluster
Overlay District: Section 4.110, Block 105, Lots 1, 2, and 3; Section
4.130, Block 139, Lots 1.1, 2, 3 and 4; Section 4.140, Block 142,
Lots 1 and 2; and Section 4.140, Block 150, Lot 2.
