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.
E.
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]
[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.
A.
Except as specified below and except as provided in § 224-8 hereof, the following yards shall be provided on each lot for each type of permitted use:
[Amended 2-27-1989 by L.L. No. 3-1989; 12-7-2015 by L.L. No. 11-2015]
|
Minimum Required Yards
(feet)
| ||||
|---|---|---|---|---|
|
Use
|
Front
|
Side
|
Rear
| |
|
Any use permitted in 1- and 2-family residence
districts
|
In accordance with requirements of the 1F-10
District
| |||
|
Three-or-more-family dwellings and attached
one-family dwellings
|
100
|
50
|
30
| |
|
Any use subject to the issuance of a special
permit by the Planning Board
|
100
|
100
|
100
| |
B.
For attached one-family dwelling developments, the setback requirements of Subsection A shall be applied to the development as a whole rather than to the individual buildings.
[Added 12-7-2015 by L.L.
No. 11-2015[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
B as Subsection C.
C.
Exceptions to yard requirements.
(1)
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.
(2)
Garages so designed as to allow the use of the roof thereof as part
of the grounds may be erected in side or rear yards not nearer than
four feet to any property line, provided that the average height of
such wall or walls thereof which face a side lot line or a rear lot
line is not in excess of 6 1/2 feet above the average level of
such lot line.
[Amended 11-3-2014 by L.L. No. 15-2014]
(3)
Fences and walls. Except as provided in § 224-48 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.
[Amended 11-3-2014 by L.L. No. 15-2014]
(4)
Deer exclusion fences. Notwithstanding Subsection B(3) 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(4)(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.
[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.
[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.
A.
For dwellings for two or more families there shall
be provided paved off-street parking space sufficient for the parking
at one time of not less than 1 1/2 times as many passenger vehicles
as there are dwellings on the lot, of which not less than 2/3 shall
be located in the open. No parking space shall be located in any front
yard or within six feet of any lot line in side or rear yards. The
parking of motor vehicles within 15 feet of any wall or portion thereof
of a two-or-more-family dwelling, which wall contains legal windows
(other than legal bathroom or kitchen windows) with a sill height
of less than eight feet above the level of said parking space, is
prohibited.
B.
For any use subject to the issuance of a special permit
by the Planning Board, there shall be provided paved off-street parking
space or garage space, or both, at a ratio of one space for each 100
square feet of aggregate floor area of all buildings on any lot, except
that hospitals shall provide one space for each two beds provided
for patients. Such parking area shall be located a distance of not
less than 100 feet from any street or property line.
[Amended 2-27-1989 by L.L. No. 3-1989]
C.
For attached
one-family dwellings, there shall be provided paved off-street parking
spaces sufficient for the parking at one time of not less than two
times as many passenger vehicles as there are dwellings. Such parking
spaces may be provided inside a garage or on the driveway of the dwelling.
[Added 12-7-2015 by L.L.
No. 11-2015[1]]
[1]
Editor's Note: This local law also redesignated former Subsection
C as Subsection D.
D.
Wherever spaces are provided for the parking of four
or more vehicles, such spaces shall be individually identified by
means of pavement markings and shall be screened by a substantial
solid wall or fence or thick hedge 6 1/2 feet in height above
the average finished grade of the parking area.[2]
[2]
Editor's Note: Former § 47-24, Approval
of site plans, which immediately followed this section, was repealed
2-27-1989 by L.L. No. 3-1989.
