Village of Irvington, NY
Westchester County
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Table of Contents
Table of Contents
No building or premises shall be used and no building or part of a building shall be erected which is arranged, intended or designed to be used, in whole or in part, for any purpose, except the following:
A. 
Detached one-family dwelling not to exceed one such dwelling on each lot, including the renting out of not more than one room.
[Amended 12-7-2015 by L.L. No. 11-2015]
B. 
Accessory uses limited to the following:
[Amended 7-8-1960; 6-10-1961; 7-11-1974; 2-18-1992 by L.L. No. 4-1992; 3-30-1994 by L.L. No. 4-1994]
(1) 
Home occupations not having customers, clients or other persons who visit the premises for business purposes (other than occasionally), provided that:
[Amended 7-16-2018 by L.L. No. 8-2018]
(a) 
The home occupation is carried on by a resident of the premises.
(b) 
The home occupation is clearly incidental and subordinate to the residential use of the premises.
(c) 
Not more than the equivalent of one nonresident full-time employee, associate, or assistant shall be permitted.
(d) 
The home occupation is not carried on in the area outside of the dwelling unit and any accessory building.
(e) 
There is no display of goods, supplies or advertising visible from any street with the exception of one sign permitted under Subsection B(1)(f) below, and there is no outdoor storage of goods or supplies.
(f) 
The following sign is permitted without a sign permit: A sign, no larger than one square foot in surface area, identifying the permitted home occupation.
(g) 
Delivery or pickup of parcels is not significantly different from what would be expected for a residence without such home occupation.
(h) 
There is no offensive: noise, vibration, smoke, dust, odor or other emission and no lighting or heat generated by the home occupation noticeable to persons on nearby premises; and there is no electrical, television or radio interference to neighboring properties and no storage for sale or sale of dangerous materials.
(i) 
The home occupation does not add significantly to the quantity of waste material that would be expected for a residence without such home occupation.
(j) 
The home occupation shall not discharge into any sewer, drain or the ground any material other than domestic sanitary sewage or any material that is radioactive, poisonous, detrimental to normal sewer plant operation or corrosive to sewer or stormwater pipes and installations.
(k) 
Such occupation shall in no manner change the residential character of the dwelling unit.
(2) 
Garden house, toolhouse, playhouse, private garage or similar building customarily incidental to the residential use of the premises. Except for permitted home occupations and accessory apartments, such accessory building shall not be operated for gain.
[Amended 5-21-2018 by L.L. No. 7-2018]
(3) 
Off-street parking facilities serving the permitted principal and accessory uses on the lot.
[Amended 5-21-2018 by L.L. No. 7-2018]
(4) 
The keeping of a reasonable number of customary household pets and not more than one horse or one cow on each three acres of land but excluding the commercial breeding of animals.
(5) 
Beekeeping, in accordance with Article II of Chapter 83, Animals and Insects.
[Added 10-1-2018 by L.L. No. 11-2018[1]]
[1]
Editor's Note: This local law also redesignated former Subsection B(5) through (11) as Subsection B(6) through (12).
(6) 
Signs permitted by § 224-192A(2), (3), (4), (5), (6) and (10).
[Amended 4-1-2013 by L.L. No. 7-2013]
(7) 
Fences or garden walls.
(8) 
Swimming pool, provided it complies with Article XIII (Swimming Pools) of this chapter.
[Added 12-1-2014 by L.L. No. 16-2014[2]]
[2]
Editor's Note: This local law also redesignated former Subsection B(7) and (8) as Subsection B(8) and (9), respectively.
(9) 
Outbuildings.
[Added 10-18-1999 by L.L. No. 3-1999[3]]
(a) 
On single-family lots of at least 60,000 square feet, an outbuilding may be used as a second residence by either a son or daughter of the owner-residents of the primary dwelling; or the parents of the owner-residents of the primary dwelling. Use shall be limited to those occupants only. The use of an outbuilding as a second residence shall be permitted only if the principal residence is used as the primary family residence of the owner. Under no circumstances shall an outbuilding serve as a primary residence. The building envelope and height of existing outbuildings shall not be increased and/or expanded. Renting of the outbuilding is prohibited. For lots containing two or more outbuildings, only one outbuilding may be used as a second residence.
(b) 
Approval. Permission to use the outbuilding as a second residence as described in Subsection B(8)(a) above shall be obtained from the Building Inspector and shall be in accordance with all applicable laws, rules and regulations. The owner-occupant of the primary residence must comply with the provisions of § 224-90 and § 224-91 of this chapter prior to any occupancy of the outbuilding. Failure to comply with this section shall subject the owner-occupant of the building or premises to the penalties set forth in § 224-95 of this chapter.
[3]
Editor's Note: This local law also renumbered former Subsection B(7) as B(8).
(10) 
Solar energy equipment, provided that it is used only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which it is erected. Nothing contained in this provision shall be construed to prohibit the sale of excess power through a “net billing” or similar program in accordance with New York Public Service Law § 66-j or similar New York State or federal statute.
[Added 2-6-2017 by L.L. No. 1-2017[4]]
[4]
Editor's Note: This local law also renumbered former Subsection B(9) and (10) as Subsection B(10) and (11), respectively.
(11) 
In-law apartments. A single-family residence may contain an additional living area, including a kitchen, solely for the use of a family member or caregiver (and his or her family) of an occupant of the single-family residence, provided that:
[Added 7-20-2016 by L.L. No. 6-2016[5]]
(a) 
The in-law apartment must be located within the principal dwelling, not an accessory structure, and there must be an unobstructed passageway between the in-law apartment and the main dwelling unit.
(b) 
For purposes of this section, the term "family member" shall include persons related by blood, marriage or adoption.
(c) 
The owner or lessee of the single-family residence must occupy either the main dwelling unit or the in-law apartment as a principal residence.
(d) 
Only one in-law apartment is permitted per single-family residence.
(e) 
The single-family residence may not contain an accessory apartment.
(f) 
No exterior changes shall be made to the single-family residence that would alter the single-family character and appearance of the residence.
(g) 
The main dwelling unit and the in-law apartment must share common water, sewer and electric facilities.
(h) 
The single-family residence must be lawfully existing and in compliance with this Zoning Code, the New York State Uniform Fire Prevention and Building Code, and the Property Maintenance Code of New York State.
(i) 
No violations of the Irvington Code shall exist at the time of application for an in-law apartment approval.
(j) 
The owner of the single-family residence must file a registration form with the Village Clerk containing: 1) an affidavit stating compliance with Subsection B(9)(a) through (i) above; and 2) a signed statement by the Building Inspector that s/he has inspected the proposed in-law apartment and that it complies with Subsection B(9)(a) and (c) through (i) above. Such form must be accompanied by the fee provided in Chapter 114.
(k) 
In the event that a residence with an in-law apartment is sold or transferred, the new owner or lessee may, within 90 days from the taking of title or leasehold, file a registration form with the Village Clerk containing the statements described in Subsection B(9)(j) above. Should a new owner or lessee maintain an in-law apartment but fail to file the registration form within 90 days from the taking of title or leasehold, s/he shall be deemed in violation of this chapter.
[5]
Editor's Note: This local law also renumbered former Subsection B(9) as Subsection B(10).
(12) 
The penalties provided for in § 224-95 of this chapter shall also apply to any violation of this § 224-8, including the failure to comply with Subsection B(1)(d)[3] hereof.
C. 
Adaptive reuse of historic buildings. Subject to the issuance of a special permit by the Board of Trustees in accordance with §§ 224-8E and F, a building listed on the National Register of Historic Places or designated as a local landmark by the Village of Irvington, pursuant to Chapter 144 of the Village Code, may be used as an historical, educational and/or cultural facility, including, but not limited to, tours, meeting rooms and classrooms, exhibition and archival space, gift shop space, kitchen facilities and office space accessory to the historic, educational and/or cultural use. Such use may be in addition to a permitted residential use.
[Added 11-4-1963; amended 11-18-2013 by L.L. No. 15-2013; 12-17-2018 by L.L. No. 13-2018]
D. 
The following uses, subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 224-8E and F hereof:
[Amended 2-27-1989 by L.L. No. 3-1989; 7-8-1960; 12-5-1977; 3-15-1993 by L.L. No. 1-1993; 2-24-2003 by L.L. No. 2-2003; 3-7-2016 by L.L. No. 1-2016[6]; 7-16-2018 by L.L. No. 8-2018; 10-15-2018 by L.L. No. 12-2018; 1-7-2019 by L.L. No. 1-2019]
(1) 
Places of worship, including parish houses and religious school buildings, schools, public libraries, museums, art galleries or community center buildings, subject to the following requirements:
(a) 
Notwithstanding any other provision contained in this chapter, no building shall exceed a height of 35 feet nor shall the number of stories at any point along the periphery of such building exceed three. Chimneys, flues, towers, bulkheads, spires and other decorative features shall be exempt from the provision of this subsection, provided that they occupy not more than 20% of the ground-floor area of the building of which they are a part.
(b) 
No building or part thereof shall be erected nearer than 50 feet to any street line nor nearer than a distance equal to three times the height of such building to any property line other than a street line.
(c) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 15% of the area of the lot.
(d) 
Accessory uses which do not constitute an integral part of the social, religious or instructional purposes of the main building or buildings are prohibited.
(2) 
Annual membership clubs, incorporated pursuant to the provisions of the Not-for-Profit Corporation Law, catering exclusively to members and their guests and subject to the following requirements:
(a) 
Exterior lighting shall be limited to the minimum necessary for the safety and convenience of the users of the premises.
(b) 
No building or part thereof shall be erected nearer than 50 feet to any street line nor nearer than a distance equal to at least 50 feet but not less than three times the height of such building to any property line other than a street line.
(c) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 15% of the area of the lot.
(3) 
Buildings used for noncommercial horticultural or agricultural purposes, provided that no greenhouse heating plant shall be operated within a distance of 25 feet of any lot line, and no fertilizer shall be stored within a distance of 50 feet of any lot line.
(4) 
In One-Family Residence 1F-10 Districts, but only on lots having frontage on Broadway, or in any other one-family residence districts, but only on lots having at least 700 feet of frontage on Broadway between Main Street and Clinton Avenue and an area of not less than four acres, the following uses:
(a) 
Research and development laboratories and offices in connection therewith.
(b) 
Insurance underwriting of records and such further office work as may be incidental to the carrying on of the business of insurance risks of every kind under the laws of the several states and of the United States relating thereto.
(c) 
Maintenance of editorial departments and business offices in connection with the publishing of books, magazines, newspapers, etc., but not including printing or binding or any mechanical processes.
(d) 
Offices maintained only for the keeping of fiscal records or for statistical work.
(e) 
Office buildings of a proprietary character occupied by a single owner or tenant, including subsidiaries or affiliates of such owner or tenant as and for corporate headquarters, business and executive offices, research and development laboratories and any use incidental thereto; provided, however, that no research laboratory shall be permitted which may cause offensive noises, gases, fumes, odors or vibrations beyond the boundaries of its parcel; nor which involves any operations which present a hazard to the general public; nor which discharges waste products in any manner whatsoever of a character creating a nuisance, and further provided that there shall be no animal quarters other than in their principal building or in a fully enclosed accessory building.
(5) 
Private parks, playgrounds and dock or boat-landing facilities in connection with which no commercial activities are carried on.
(6) 
Notwithstanding § 224-8A, in one-family dwellings, accessory apartments, not to exceed one per dwelling, in accordance with Article XXXI of the Zoning Code (Accessory Apartments).
(7) 
Accessory home occupations. Home occupations having employees, customers, clients or other persons who visit the premises for business reasons, subject to the following requirements:
(a) 
The home occupation is carried on by a resident of the premises.
(b) 
The home occupation is clearly incidental and subordinate to the residential use of the premises.
(c) 
The home occupation is not carried on in the area outside of the dwelling unit and any accessory building.
(d) 
There is no display of goods, supplies or advertising visible from any street with the exception of one sign permitted under Subsection D(7)(e) below, and there is no outdoor storage of goods or supplies.
(e) 
The following sign is permitted without a sign permit: a sign, no larger than one square foot in surface area, identifying the permitted home occupation.
(f) 
Delivery or pickup of parcels is not significantly different from what would be expected for a residence without such home occupation.
(g) 
There is no: offensive noise, vibration, smoke, dust, odor or other emission and no lighting or heat generated by the home occupation noticeable to persons on nearby premises; and there is no electrical, television or radio interference to neighboring properties and no storage for sale or sale of dangerous materials.
(h) 
Any music, dance, theater, or similar studio shall be equipped and used in such a manner that sounds therefrom shall not be unduly annoying to other persons on nearby premises or public places.
(i) 
The home occupation does not add significantly to the quantity of waste material that would be expected for a residence without such home occupation.
(j) 
The home occupation shall not discharge into any sewer, drain or the ground any material other than domestic sanitary sewage or any material that is radioactive, poisonous, detrimental to normal sewer plant operation or corrosive to sewer or stormwater pipes and installations.
(k) 
Such occupation shall in no manner change the residential character of the dwelling unit.
(l) 
Adequate parking shall be available for the home occupation so that it will not result in insufficient parking for neighboring residents. The Planning Board shall determine whether off-street parking spaces are necessary and, if so, the number of spaces that must be provided, their location on the lot and the screening that must be provided.
(m) 
Among the conditions and safeguards the Planning Board may attach to the special permit pursuant to § 224-8E are:
[1] 
The time of day and days of the week when patients, clients, customers or students may visit the premises and the frequency of such visits.
[2] 
The number of employees or other persons that may be employed or engaged at the office, place of business or studio.
[3] 
The length of time for which the special permit is issued.
(8) 
On lots fronting on Broadway, bed-and-breakfast establishments, subject to the following requirements:
(a) 
The outward appearance shall be that of a one-family dwelling, and there shall be no indication of the bed-and-breakfast establishment from the exterior of the building, except for a sign conforming with this chapter.
(b) 
The operator of the bed-and-breakfast establishment shall be the owner of the premises and a full-time resident of the premises or of an adjacent property.
(c) 
The maximum number of bedrooms that may be available to overnight guests shall be five. The Planning Board, in its review of the special permit application, shall determine and limit the number of bedrooms that may be made available.
(d) 
The maximum length of stay for any guest in a bed-and-breakfast establishment shall be 15 nights.
(e) 
Meal service shall be limited to a morning meal served to only overnight guests of the bed-and-breakfast establishment. Snacks and beverages are not considered meals.
(f) 
Cooking facilities, other than an electric coffee pot, are not permitted in guest rooms.
(g) 
The residence in which a bed-and-breakfast establishment is operated shall not contain an accessory apartment.
(h) 
Parking requirements.
[1] 
No fewer than one off-street parking space shall be provided per bedroom designated as available for overnight guests. Said parking shall be in addition to the parking required for the single-family dwelling. Parking need not be located on the same lot as the bed-and-breakfast.
[2] 
The Planning Board shall determine that the required number of parking spaces can be provided in a safe manner and so as to not be a nuisance or burden for residents of adjacent and surrounding lots.
[3] 
Off-street parking shall be suitably screened from adjacent residential properties.
(i) 
Signs. One freestanding indirectly illuminated identification sign shall be permitted designating a dwelling as a bed-and-breakfast establishment. The size of the sign shall not exceed four square feet per side and shall be placed at least 10 feet from any property line.
(j) 
The applicant shall demonstrate that the proposed bed-and-breakfast establishment complies with the New York State Uniform Fire Prevention and Building Code and all other applicable codes and regulations.
(k) 
A bed-and-breakfast establishment is subject to periodic inspections by the Building Department and Fire Inspector to ensure continued compliance with all applicable codes.
(l) 
A special permit for a bed-and-breakfast establishment shall be granted for an initial two-year period and may be renewed for additional five-year periods.
(m) 
Any violations of this subsection shall be enforced as provided in § 95-12 of the Code of the Village of Irvington. In addition, the Board of Trustees is authorized to revoke the special permit of any bed-and-breakfast establishment that persistently violates the requirements of this subsection or of the special permit, in accordance with the following procedures:
[1] 
If the Board of Trustees finds that there may be persistent violations of the requirements of this subsection, it shall hold a public hearing on the violations.
[2] 
Notice of the hearing shall be given to the operator of the bed-and-breakfast establishment at least 15 days before the date of the hearing.
[3] 
In addition, notice of the hearing shall be published in the official newspaper of the Village at least 10 days before the date of the hearing.
[4] 
The decision of the Board of Trustees on revocation of the special permit shall be by resolution. The decision of the Board of Trustees shall be final.
[6]
Editor’s Note: This local law also repealed former Subsection D(6), Special permit allowing below-market-rate housing in 1F-10 Zones, added 11-5-1993 by L.L. No. 8-1993.
E. 
Considerations in granting special permits.
[Amended 7-8-1960; 2-27-1989 by L.L. No. 3-1989; 5-20-1996 by L.L. No. 3-1996; 12-17-2018 by L.L. No. 13-2018]
(1) 
No special permit shall be authorized except upon findings by the reviewing Board that:
(a) 
The proposed use shall be consistent with the Comprehensive Plan.
(b) 
All existing and proposed structures, equipment and material shall be readily accessible for fire and police protection, and shall comply with the New York State Uniform Fire Prevention and Building Code.
(c) 
The proposed use shall be of such location, size and character that it will be in harmony with the existing and future development of the district in which it is proposed to be situated and will not be detrimental to the development or use of adjacent properties in accordance with the zoning classifications of such properties.
(d) 
The location and size of the proposed use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous or inconvenient to or incongruous with the residential district in which it is to be located or conflict with the normal traffic of the neighborhood.
(e) 
The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
(f) 
Adequate off-street parking must be provided for the size and type of activity proposed. Parking may be provided on site or on an abutting or reasonably nearby site.
(2) 
In considering and authorizing issuance of a special permit, the reviewing Board may attach such conditions and safeguards and require such assurances from the applicant as a precondition to such permit as in its opinion will further the general purpose and intent of this chapter and the Comprehensive Land Use Plan and be in harmony therewith.
F. 
Procedure on Planning Board and Board of Trustees consideration of special permits pursuant to this chapter.
[Added 8-6-1990 by L.L. No. 13-1990; amended 3-15-1993 by L.L. No. 1-1993; 8-18-2003 by L.L. No. 20-2003; 4-7-2014 by L.L. No. 10-2014; 3-7-2016 by L.L. No. 1-2016; 12-17-2018 by L.L. No. 13-2018]
(1) 
Every application shall include a detailed description of the proposed use, including days and hours of operation, number of people who are expected to visit the site at various times, and the number of people, if any, who will reside at the site.
(2) 
Every application for a special permit shall be accompanied by a plot plan showing the proposed structure, as well as any other existing or proposed structures, the height thereof and all yards, access driveways, off-street parking, planting and screening.
(3) 
The reviewing Board may require the applicant to provide a parking study demonstrating the parking demand for the proposed use based on data from the Institute of Traffic Engineers (ITE), field data for similar uses and other appropriate source material.
(4) 
In authorizing the issuance of a special permit, the reviewing Board shall attach such conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the general objectives of this chapter.
(5) 
The reviewing Board may require that special permits be periodically renewed. Such renewal shall be granted following due public notice and hearing and may be withheld only upon a determination by the Building Inspector or Village Administrator to the effect that such conditions as may have been prescribed by the reviewing Board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit. Any use for which a special permit may be granted shall be deemed to be a conforming use in the district in which such use is located, provided that:
(a) 
The provision in this chapter under which such permit was issued is still in effect;
(b) 
Such permit was issued in conformity with the provisions of this chapter; and
(c) 
Such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted.
(6) 
The reviewing Board may authorize the issuance by the Building Inspector of a temporary special permit for any use specified as permissible under such temporary permit in this chapter, subject to adequate guaranties that such use will be determined and removed at the end of the period specified or such extension thereof as may be granted upon application by said Board after due notice and public hearing. In undeveloped areas and subject to the same guaranties, the reviewing Board may also authorize the issuance of a temporary permit for not more than one year's duration for a structure or use not permitted by this chapter in the district in which it is to be located if such structure or use is deemed by the Board to be promotive of the development of such areas.
(7) 
Public notice and hearing; additional requirements.
(a) 
A public hearing shall be held by the Planning Board or the Board of Trustees on every special permit application made to it. A notice of such hearing and of the substance of the application shall be given by publication in the official newspaper of the Village at least 15 days before the date of such hearing, except that at least 30 days' notice shall be given of any hearing scheduled to be held during the months of June, July and August. The applicant shall be required to notify any property owners within 200 feet of the subject property by a method of mail or a delivery service company providing proof of mailing or delivery or by personal service of such notice on the property owners and obtain their signature as acknowledgment of receipt of such notice on a form supplied or similar to one supplied by the Village Clerk and shall, on or before the date of the public hearing, file with the reviewing Board a verified statement that such property owners were so notified. Should the Board deem an area beyond 200 feet of the subject property to be affected, it may require the notification of property owners within not more than 300 feet thereof.
(b) 
In addition to the notice required by Subsection F7(a), the applicant shall erect a sign facing each public street on which the property abuts, giving notice that an application has been made. The sign, on a placard to be provided by the Village, shall be posted not less than 10 days immediately preceding the hearing date and shall be displayed continuously until the application is decided. The sign shall not be set back more than 10 feet from any property or street line and shall be placed to assure visibility from the street. Prior to the public hearing, the applicant shall provide proof that the sign was posted as required by this subsection. The applicant shall remove the sign the day after the application is decided.
(c) 
At least 10 days before the date of any public hearing, the Village Clerk shall transmit to the Secretary of the Zoning Board of Appeals a copy of any application, together with a copy of the notice of such hearing. If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Village Clerk shall transmit to the Municipal Clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the Village.
(d) 
The Zoning Board of Appeals may submit an advisory opinion on said application at any time prior to the rendering of a decision by the Planning Board or the Board of Trustees.
(e) 
Unless work is commenced and diligently prosecuted within one year of the date of the granting of the special permit, such special permit shall become null and void.
(f) 
All applications for a special permit shall be in writing and shall be accompanied by a fee as set forth in Chapter 114.
(g) 
Every application shall refer to the specific provision of this chapter involved and shall exactly set forth the permission that is claimed, the use for which the special permit is sought and the grounds on which it is claimed that the special permit should be granted, as the case may be.
(h) 
Every decision on a special permit application shall be by resolution, shall be recorded, shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based.
G. 
Revocation of special permits.
[Added 10-7-1996 by L.L. No. 4-1996; amended 8-18-2003 by L.L. No. 20-2003; 12-17-2018 by L.L. No. 13-2018]
(1) 
A special permit will be deemed to have been revoked and not in effect if more than 20 days have passed after notification to the owner of record of the real property by the Village that the terms of the special permit have been violated or that there are delinquencies in the payment of real property taxes. The notification shall be made, in writing, and sent by certified mail to the owner of the real property as recorded on the records of the Village Clerk-Treasurer.
(2) 
Within 20 days of the notification to the owner of record of the real property by the Village that the terms of the special permit have been violated or that there are delinquencies in the payment of real property taxes, a written objection or application may be made thereon to the Board of Trustees.
(3) 
The Board of Trustees shall have the powers and duties to review the objection or application of the notice of revocation in accordance with the following procedure:
(a) 
A hearing shall be held by said Board on every objection or application made to it under this section. A notice of such hearing shall be given to the objectant or applicant at least 15 days before the date of such hearing, except that at least 30 days' notice shall be given of any hearing scheduled to be held during the months of June, July and August.
(b) 
At least 10 days before the date of any hearing, the Village Clerk-Treasurer shall transmit to the Board of Trustees a copy of any objection or application, together with a copy of the notice of such hearing.
(c) 
Every decision of the Board shall be recorded, shall set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the Board shall be by resolution.
(d) 
The Board may decide an objection or application at the hearing, reserve decision thereon or continue the objection or application to a subsequent occasion. The decision of the Board is final.
[Added 7-18-1966]
Any and all machines, devices, appliances or units designed for the heating, cooling, dehumidification or ventilation of more than one room in a dwelling unit which are operated by a motor or motors shall be so installed that, at the nearest property line of such dwelling unit, the noise level between the hours of 8:00 p.m. and 8:00 a.m. will not be greater than 45 decibels as defined by the American Standard for Sound Level Meters, S-4-1961, Weight A Measurement, as measured by such a sound-level meter or calibrator at said nearest property line.
A. 
Except as specified hereinafter, the lot area, width and depth requirements for each district shall not be less than as follows:
[Amended 6-26-2003 by L.L. No. 7-2003]
  Minimum Lot Requirements
District
Area
(square feet)
Width
(feet)
Depth
(feet)
1-Family Residence 1F-80
80,000
250
200
1-Family Residence 1F-60
60,000
200
200
1-Family Residence 1F-40
40,000
150
150
1-Family Residence 1F-20
20,000
100
125
1-Family Residence 1F-10
10,000
85
100
1-Family Residence 1F-5
5,000
50
100
B. 
The lot width shall be measured as follows:
(1) 
For lots fronting on straight streets: along the street line, provided that the width of such lots along the building line shall be at least equal thereto.
(2) 
For lots fronting on the inside arc of curved streets: along the street line, provided that the width of such lots measured along the building line is not reduced below a radial projection of the lot frontage.
(3) 
For lots fronting on the outside arc of curved streets, including those fronting on the outside arc of vehicular turning circles at the end of dead-end streets: along the building line, provided that the street frontage of such lots is not reduced below a radial projection of the width along the building line.
[Amended 4-1-1974; 3-15-1993 by L.L. No. 1-1993]
C. 
The minimum required lot depth may be decreased by 15% if the average depth of the lot equals or exceeds such minimum.
D. 
Flag lots.
[Added 8-18-2003 by L.L. No. 17-2003]
(1) 
Where the street line of an existing lot is of lesser width than the required width of lot for the district in which it is situated, this portion of the lot (hereinafter referred to as the "access strip") shall be not less than 25 feet in width at any point. The Planning Board may require, as a condition of approval of a site plan, that the driveway be sufficient for ingress and egress of all traffic, that the driveway be graded, drained and paved or otherwise improved and that suitable landscaping be provided to screen the access strip from adjacent properties and may require any other measures it deems appropriate.
(2) 
This section shall apply to lots in existence as of August 18, 2002, that are separate tax parcels or subdivided lots.
A. 
Except as otherwise required or as specified below, front, side and rear yards shall be required on each lot in accordance with the following regulations for each district:
[Amended 6-26-2003 by L.L. No. 7-2003]
Minimum Required Yards
(feet)
District
Front
Side
Rear
1-Family Residence 1F-80
75
50
75
1-Family Residence 1F-60
60
30
60
1-Family Residence 1F-40
50
25
40
1-Family Residence 1F-20
35
15
35
1-Family Residence 1F-10
30
15
30
1-Family Residence 1F-5
30
10
30
NOTE: In the case of an irregular lot, the determination as to what constitutes a side or rear yard shall be made by the Building Inspector.
B. 
Exceptions to yard requirements.
(1) 
The required minimum front and side yard dimensions may be reduced by 20% if the planes of all walls of a building facing a street or side lot line respectively intersect such line at a minimum angle of 25º or more.
(2) 
In the case of a corner lot, one yard adjoining a property line other than a street line shall be deemed to be a rear yard.
(3) 
In the case of a dwelling erected without a garage in a 1F-40, 1F-20 or 1F-10 Residence District, the width of one side yard shall be increased 12 feet.
(4) 
Cornices or cantilevered roofs may project not more than 2 1/2 feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard.
[Amended 4-7-2014; by L.L. No. 9-2014; 11-3-2014 by L.L. No. 15-2014]
(5) 
Patios, paved terraces, steps and walks may project into a required yard, provided that patios, paved terraces, and steps and walks, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a property line.
[Added 4-7-2014 by L.L. No. 9-2014]
(6) 
The Planning Board may permit driveways to project into a required yard, provided that they shall not project within four feet of a side lot line or within 15 feet of a rear lot line.
[Added 4-7-2014 by L.L. No. 9-2014]
(7) 
Fences and walls. Except as provided in § 224-48 (NOTE: Section 224-48 regulates visibility at intersections.) hereof, fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings.
[Added 11-3-2014 by L.L. No. 15-2014]
(8) 
Deer exclusion fences. Notwithstanding Subsection B(7) above, deer exclusion fences may be erected anywhere on the lot, except as provided in § 224-48 hereof, provided all of the following requirements are met:
[Added 11-3-2014 by L.L. No. 15-2014]
(a) 
The fence may not exceed eight feet in height.
(b) 
The fence may be no closer to the street than the main facade of the house facing the street.
(c) 
If the fence is in a required yard, the Architectural Review Board may require that it be screened by vegetation to conceal the fence and/or diminish its mass. If new vegetation is required, it must be installed simultaneously with the fence. The ARB may require a bond to insure the survival of new plantings.
(d) 
The fence material must be black coated wire weld or black coated woven wire. The fence posts must be either round or square black metal fence posts with a minimum diameter or width of two inches or round or square wood posts with a minimum diameter or width of four inches. Fence posts must be equal to the height of the fence, spaced no greater than eight feet on center, and set in concrete.
(e) 
The ARB may waive the requirements of Subsection B(8)(d) for a deer exclusion fence surrounding a garden plot or similar limited area, as long as no portion of the fence is located in a required yard.
(f) 
Electric or energized fencing is prohibited.
(g) 
An application for the fence must be made to the Board of Architectural Review (ARB) and must include a survey showing the perimeter of applicant's property, photographs sufficient to permit the ARB to evaluate the on-site and nearby off-site conditions, a sample of the fencing material, and the required application fee.
(h) 
Notice of such application must be given to all adjacent property owners (including those across a street) at least two weeks prior to the ARB meeting at which it is to be considered. Proof of such notice must be submitted at or prior to the ARB meeting.
(i) 
The ARB must make a finding that the proposed fence will not adversely impact neighboring properties or the character of the neighborhood.
C. 
Paved terraces, steps and walks, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a property line.
[Amended 2-27-1989 by L.L. No. 3-1989; 4-7-2014 by L.L. No. 9-2014]
Except as permitted below, no accessory building shall project nearer to the street on which the principal building fronts than such principal building. If topographic conditions are such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may permit the erection of such garages within not less than 10 feet of the street line where the natural slope of the ground within 25 feet of such line is between 12% and 20% and within not less than five feet of the street line where such slope within 25 feet of such line exceeds 20%. The limitations of this section shall not apply to driveways.
[Amended 6-1-1987; 2-27-1989 by L.L. No. 3-1989; 4-25-2011 by L.L. No. 4-2011]
A. 
General provisions. Except as provided in § 224-8D hereof, the sum of all areas covered by all principal and accessory buildings in one-family residence districts shall not exceed the following:
[Amended 6-26-2003 by L.L. No. 7-2003]
District
Maximum Coverage
1F-80
6.75% of the first 80,000 square feet, plus 2% of the amount by which the area of the lot exceeds 80,000 square feet
1F-60
8.33% of the first 60,000 square feet, plus 2% of the amount by which the area of the lot exceeds 60,000 square feet
1F-40
12% of the first 40,000 square feet, plus 4% of the amount by which the area of the lot exceeds 40,000 square feet
1F-20
16% of the first 20,000 square feet, plus 6% of the amount by which the area of the lot exceeds 20,000 square feet
1F-10
20% of the first 10,000 square feet, plus 12% of the amount by which the area of the lot exceeds 10,000 square feet
1F-5
24% of the first 5,000 square feet, plus 16% of the amount by which the area of the lot exceeds 5,000 square feet
B. 
Oversized lots. Notwithstanding Subsection A of this section, the sum of all areas covered by all principal and accessory buildings in lots located in 1F-5, 1F-10 and 1F-20 Districts shall not exceed that which would be permissible under Subsection A if the lot were located in the district having the largest minimum lot size smaller than the area of the lot. For example, the coverage permitted on a site of 80,000 square feet in an 1F-10 District would be determined by reference to the maximum coverage in the 1F-40 District and therefore would be 6,400 square feet (4,800, plus 4% of 80,000 minus 40,000).
C. 
For purposes of determining coverage, driveways shall not be considered as principal and accessory buildings.
[Amended 6-26-2003 by L.L. No. 7-2003]
For each dwelling on any lot, there shall be provided in 1F-80, 1F-60, 1F-40, 1F-20 and 1F-10 Districts not less than two spaces and in 1F-5 Districts not less than one space for the parking or garaging of passenger automobiles. Such spaces shall be directly accessible to a street. The provision of parking spaces within the front yard or within eight feet of any property line other than a street line is prohibited, except that in 1F-5 Districts, such parking space may be provided within the side yard. For lots located in the 1F-80, 1F-60, and 1F-40 Districts, no more than three passenger automobiles may be garaged. In the 1F-20 and 1F-10 Districts, no more than two passenger automobiles may be garaged.