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. Any principal or accessory use permitted in one-family
residence districts, in accordance with the requirements of the 1F-10
District, except that:
(1) Not more than one professional office or studio shall be permitted for each 25 dwelling units or major fraction thereof on the lot; provided that nothing herein contained shall be deemed to prohibit the establishment of one such office or studio, in accordance with the provisions of §
224-8B(2) hereof, on any lot. An office or studio which is not incidental to the residential use of the premises shall be located only on the street floor of any building and on the floor immediately above the street floor only if there is access to such office or studio from other than a public hall.
(2) Places of worship, including parish houses and religious
school buildings, and schools may be erected to within 50 feet of
any street line and to within a distance equal to their height of
any property line and may cover not more than 30% of the area of the
lot.
B. Two-family dwellings, provided that all provisions,
other than use regulations of the 1F-10 District are complied with;
and provided, further, that the entire lot occupied by such dwellings
shall not be in more than one ownership at any one time throughout
the life of the building.
C. Three-or-more-family dwellings, provided that the
entire lot occupied by such dwellings shall not be in more than one
ownership at any one time throughout the life of the building; and
provided, further, that the lot on which such use is proposed to be
erected has frontage on Broadway or on the right-of-way of the New
York Central Railroad.
D. Attached
one-family dwellings.
[Added 12-7-2015 by L.L.
No. 11-2015]
E. Home occupations within a dwelling unit, provided they meet the requirements of §
224-8B(1) or obtain a special permit in accordance with §
224-8D(7).
[Added 7-16-2018 by L.L.
No. 8-2018]
F. Accessory private garages for the exclusive use of
passenger vehicles.
G. Special permitted uses.
(1) On lots having frontage on Broadway or on the right-of-way of the New York Central Railroad, the following specific 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; 1-7-2019 by L.L. No.
1-2019]
(a)
A voluntary, nonprofit, general hospital meeting
the requirements of the State Department of Social Welfare, intended
primarily for the treatment of residents of the Village of Irvington
and of adjacent municipalities, provided that such hospital does not
care for patients suffering from alcoholism or mental disorders.
(b)
Research and development laboratories and offices
in connection therewith.
(c)
Insurance underwriting, the keeping 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.
(d)
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.
(e)
Offices maintained only for the keeping of fiscal
records or for statistical work.
(2) No special permit shall be granted by the Planning
Board except upon adequate assurance by the applicant that, throughout
the life of the use so permitted, no premises shall be used in such
manner as to cause the emanation therefrom of offensive or noxious
odors, vapors, fumes, glare, radiation or noise and that the use of
said premises shall not cause injury, offense, annoyance or disturbance
to any of the surrounding properties or to their owners and occupants.
Nor shall any building, structure or accessory building on the premises
be used for the manufacture, display or sale of any equipment, goods,
wares or merchandise of any nature whatsoever or for any other commercial
or semicommercial use whatsoever. Storage shall be permitted only
of incidental to the principal permitted use of the premises.
[Amended 2-27-1989 by L.L. No. 3-1989]
(3) 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 12-17-2018 by L.L.
No. 13-2018]
H. Rooming houses, motels, hotels, homes for transients,
tourist cabins or apartments catering to transient tenants are prohibited.
[Amended 2-27-1989 by L.L. No. 3-1989; 12-7-2015 by L.L. No.
11-2015]
Lot requirements for uses permitted in one-family
residence districts shall be the same as those provided for the 1F-10
District. For two-family, three-or-more-family, and attached one-family
dwellings, there shall be provided a total land area of not less than
5,000 square feet per dwelling unit on the subject property; provided,
however, that in no event shall the total land area and street frontage
for three-or-more-family dwellings, attached one-family dwelling developments,
and for any use subject to the issuance of a special permit by the
Planning Board be less than four acres and 250 feet respectively.
[Amended 2-27-1989 by L.L. No. 3-1989; 4-7-2014 by L.L. No.
9-2014]
Except as specified below, the sum of all areas
covered by all principal and accessory buildings, except driveways,
shall not exceed the following:
A. For uses permitted in one-family residence districts:
in accordance with the requirements of the 1F-10 District.
B. For three-or-more-family dwellings: 10% of the area
of the lot, except that where the Planning Board finds that the provision
of the required off-street parking space underneath the principal
building is designed in such a way as to enable the roof thereof to
be used as part of the grounds would be impractical, such Board may
authorize accessory garages to cover an additional 5% of the area
of the lot. Garages designed to enable the roof thereof to be used
as part of the grounds shall be exempt from any coverage limitation.
C. For uses subject to the issuance of a special permit
by the Planning Board: 15% of the area of the lot.
D. For attached
one-family dwelling developments: 18% of the area of the lot on which
the development is located, except that the building coverage associated
with the adaptive reuse of any existing building determined by the
Architectural Review Board to be of local historic significance shall
not be included in the calculation of building coverage hereunder,
provided that in no event shall the total building coverage of any
attached one-family dwelling development exceed 20%, inclusive of
the building coverage associated with such building of local historic
significance.
[Added 12-7-2015 by L.L.
No. 11-2015]
[Added 12-7-2015 by L.L.
No. 11-2015]
A. For any building that the Architectural Review Board determines to be of local historical significance for purposes of §
224-20D, the ARB must determine that any changes made to such building in achieving adaptive reuse do not compromise the local historical significance of the building.
B. Notwithstanding §
224-51, the Planning Board may permit modifications to such building being adaptively reused, so long as:
(1) Such modifications do not expand the footprint of the building;
(2) The modifications do not increase the height of the building; and
(3) The Architectural Review Board has determined that the modifications
will not compromise the local historical significance of the building.
[Amended 2-27-1989 by L.L. No. 3-1989; 4-7-2014 by L.L. No. 9-2014; 12-7-2015 by L.L. No. 11-2015]
Except as specified below, a minimum distance
of 60 feet between any two buildings, whether principal or accessory,
shall be observed.
A. In the case of uses subject to the issuance of a special
permit by the Planning Board, the required minimum distance between
buildings shall be as follows:
(1) Between a principal building and a one-story accessory
building: 20 feet.
(2) Between any two other buildings:
(a) Between two walls, the length of either or both of which does not
exceed 25 feet: a distance equal to the average height of such walls
at the points where such walls are nearest one to the other.
(b) Between two walls, the length of both of which is in excess of 25
feet: a distance equal to two times such average height.
B. Attached one-family dwellings shall be separated from any other building
by no less than 15 feet.
C. The limitations of this section shall not apply to driveways.
[Amended 4-7-2014 by L.L. No. 9-2014]
No building shall exceed a length of 180 feet,
nor shall any building accommodate more than 15 dwelling units. The
limitations of this section shall not apply to driveways.
Inner courts are prohibited. The minimum width
of an outer court shall be 20 feet, and the depth thereof shall not
exceed its width.