This chapter shall be known and may be cited
as the "Village of Harriman Zoning Law."
There is hereby established a Comprehensive
Zoning Plan, which plan is set forth in the text, schedule and map
that constitute this chapter. Said plan is adopted for the purpose
stated in §§ 7-700 and 7-702 of Article 7 of the Village
Law with the objective of promoting the public health, safety, morals,
comfort and general welfare, conservation of property values, the
gradual elimination of nonconforming uses and the prevention and reduction
of traffic congestion throughout the Village.
All words used in this chapter in the present
tense include the future tense; all words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the wording
indicates otherwise; the word "building" includes the word "structure";
the words "occupied" or "used," as applied to any building, shall
be construed as though followed by the words "or intended, arranged
or designed to be occupied or used"; the word "lot" includes the word
"plot"; the term "erected" shall be deemed also to include "constructed,
reconstructed, altered or moved." The word "may" is permissive; the
word "shall" is mandatory and not discretionary. The word "Village"
means the Village of Harriman in the County of Orange, State of New
York. The terms "Village Board," "Board of Appeals" and "Planning
Board" mean the respective Boards of said Village.
For the purpose of this chapter, certain words
and terms herein are defined as follows:
A dwelling unit in a permitted single-family residence which
is subordinate to such dwelling unit in terms of size, location and
appearance and provides complete housekeeping facilities for one family,
including independent cooking, bathroom and sleeping facilities, with
physically separate access from any other dwelling.
[Added 4-11-2001 by L.L.
No. 3-2001; amended 6-11-2019 by L.L. No. 7-2019]
A permitted subordinate building, structure or use which
is clearly incidental to, customarily in connection with and located
on the same lot as the principal permitted use.
[Amended 11-13-2018 by L.L. No. 6-2018]
A change or rearrangement in the structural parts of a building
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
A structure housing three or more dwelling units exclusive
of any principal permitted uses other than residential uses.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
[Added 6-11-2019 by L.L.
No. 7-2019]
A sign or structure used for display which directs attention
to a business, commodity, service or entertainment generally conducted,
sold or offered elsewhere than upon the same lot where the sign or
structure is located.
A structure, wholly or partially enclosed within exterior
walls and a roof, which is designed or intended for use as an enclosure,
shelter, protection or support of persons, animals or property.
The total area of a lot covered by all buildings, except
for open porches, patios, steps and similar appurtenances.
A story, the floor of which is more than 1/2 of its story
height below the average level of the adjoining ground.
A building or portion thereof used by a club (a group of
people organized for a common purpose to pursue common goals, interests
or activities, and usually characterized by certain membership qualifications,
payment of fees and dues, regular meetings and a constitution and
bylaws). (See special permitted use in the R-50 and R-100 Districts.)
[Added 4-11-2001 by L.L.
No. 3-2001]
A parcel or parcels of land or an area of water or a combination
of land and water within the site designated for a planned unit development
and designed and intended for the use or enjoyment of the residents
of the planned unit development. Said "common open space" shall not
include streets, rights-of-way or easements for aboveground utilities.
An open, unoccupied space, other than a required yard, on
the same lot with a building.
That line formed by the face of a curb and a street pavement
at their point of intersection and running the full length of the
curb.
A facility that is not also a dwelling unit that provides
care for infants and preschool children on a regular basis, and may
offer prekindergarten educational service, and is defined in 18 NYCRR
Part 413 and regulated in accordance with 18 NYCRR 418.
[Added 6-11-2019 by L.L.
No. 7-2019]
A facility intended for packaging, breaking down of wholesale
materials into smaller units and/or otherwise preparing for shipment
of goods. No retail sales shall occur on site.
[Added 6-11-2019 by L.L.
No. 7-2019]
A building used by one or more families living independently
of each other upon the premises. The term "dwelling" shall include
mobile homes, provided that they meet all of the requirements of this
chapter, the Uniform Fire Prevention and Building Code and all other
laws, regulations and ordinances applicable to dwellings.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including cooking and plumbing facilities,
for only one family and having no enclosed space (other than vestibules,
entrances or other hallways or porches) or cooking or sanitary facilities
in common with any other family. A boardinghouse, dormitory, motel
or other similar structure shall not be deemed to constitute a "dwelling
unit"
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants; a number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage shall be deemed to constitute
a family unit.
[Amended 4-11-2001 by L.L. No. 3-2001]
The sum of the gross horizontal areas of the several floors
of a building or dwelling unit. All dimensions shall be measured between
exterior faces or walls. In calculating "floor area" for off-street
parking requirements, the floor areas of all buildings on a lot shall
be considered.
An enclosed space for the storage of one or more motor vehicles,
provided that no business, occupation or service is conducted for
profit therein nor space therein for more than one car is leased to
a nonresident of the premises.
Any garage other than a private garage, available to the
public, operated for gain and which is used for storage, repair, rental,
greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure to the
higher point of the roof for flat or mansard roofs, or to the mean
height between eave and the ridge for other types of roofs; chimneys,
elevator penthouses, tanks and similar projections shall not be included
in such measurements, provided that such projection does not occupy
more than 10% of the roof area.
[Amended 5-10-2005 by L.L. No. 1-2005]
Any gainful occupation customarily conducted within a dwelling
by the residents thereof, clearly secondary to the use of the dwelling
for living purposes and that does not change the character of the
structure as a residence. Said activity shall not have more than one
nonresident employee and shall not occupy more than 1/2 of the ground
floor area of the dwelling or its equivalent where in the dwelling
if so used. Permissible home occupations include but are not limited
to the following: art studio; clothing or craft making; offices of
a clergyman, lawyer, physician, dentist, architect, engineer, real
estate or insurance agent or accountant; and teaching or tutoring,
with musical, dancing and other instructions limited to one pupil
at a time. However, home occupations shall not be construed to include
uses such as the following: restaurant, clinic or hospital, animal
hospital, dog kennel, barber, beauty salon or retail sale.
[Amended 6-11-2019 by L.L. No. 7-2019]
An institution, licensed by the State of New York, which
provides primarily transient or acutely needed human physical and/or
mental health services and which includes inpatient facilities.
[Added 6-11-2019 by L.L.
No. 7-2019]
A building or any part thereof which contains living and
sleeping accommodations for temporary occupancy on a fee or hire basis
to the general public, has a common exterior entrance or entrances
and may or may not contain a dining facility. A hotel must contain
a private bathroom with sink, toilet and shower in each unit. A hotel
shall not constitute and individuals an individual’s or family’s
primary residence and shall not be construed to be a multiple family
dwelling.
[Added 7-8-2014 by L.L.
No. 3-2014; amended 11-10-2015 by L.L. No. 5-2015; 6-11-2019 by L.L. No. 7-2019]
Manufacture, assembly, treatment, processing, or packaging
of products or materials into those of greater value that does not
emit objectionable levels of smoke, noise, dust, odor, glare, or vibration
beyond the property boundaries.
[Added 11-10-2015 by L.L.
No. 5-2015]
Live performances of any sort by any persons in conjunction
with any use for valuable consideration.[1]
One or more contiguous parcels of land united by common interest
or use considered as a unit, designed to be used by one use or structure
or by a related group of uses or structures, and the accessory uses
or structures customarily incident thereto, including such open spaces
as are required. A "lot" may be or may not be the land shown as a
single lot on a duly recorded plat or other official record.
The total horizontal area included within lot lines.
Gross lot area minus areas subject to flooding as defined
by FEMA, areas defined as either state designated or federally defined
wetland or land occupied by public utility easements in such a manner
as to prevent their use and development.
[Added 5-10-2005 by L.L. No. 1-2005]
A lot abutting upon two or more streets at their point of
intersection or upon two parts of the same street, such streets or
parts of the same street forming an interior angle of less than 135°.
The point of intersection of the street lot lines is the "corner."
The percentage of the lot area that is occupied or covered
by all buildings on the lot.
[Amended 6-11-2019 by L.L. No. 7-2019]
Any boundary of a lot. Any "lot line" not a rear lot line
nor a front lot line shall be deemed to be a side lot line.
The street line at the front of a lot. A corner lot or lot
abutting two or more streets shall be considered to front on the street
on which it has the least frontage. When a corner lot or lot abutting
two or more streets shall have equal frontage on both streets, the
owner may elect the street upon which he desires to front.
That lot line which is most distant from and is most nearly
parallel to the front lot line.
The distance between side lot lines at the required minimum
front yard depth measured along a line parallel to a line which connects
the end points of the front lot line.
The production of raw material into goods by manual and/or
machine labor for use or sale.
[Added 11-10-2015 by L.L.
No. 5-2015]
A building containing both residential and commercial occupancies.
[Added 11-13-2018 by L.L.
No. 6-2018]
A lot, parcel or site with appurtenant facilities and services,
including designated mobile home spaces, for at least 50 mobile homes
or house trailers used or to be used as single-family dwelling units.
Three or more residential units attached either vertically
and/or horizontally, but not including that which is defined as a
"townhouse" herein.
[Added 11-13-2018 by L.L.
No. 6-2018]
Any building, structure or use of any building, structure,
lot or land or part thereof lawfully existing at the effective date
of this chapter or any amendment thereto which does not conform to
the regulations prescribed for the district in which it is situated.
Any trade, business, industry or process conducted which
is not intended to be noxious or offensive by reason of the production
or emission of smoke, noise, gas, odor, dust, refuse matter, vibration
or excessive light beyond the limits of its lot so as to be dangerous
or prejudicial to the public health, safety or general welfare.
[Added 11-13-2018 by L.L.
No. 6-2018]
Facilities adjacent to and part of establishments for the
sale of food and or drink located on private property, or such other
area as may be licensed by the Village Board of Trustees, open to
the elements except for awnings or low walls or fences, located on
rooftop, deck or sidewalk areas for which site plan or land use approval
shall have been granted by the Planning Board or for which a permit
shall have been granted by the Village Board of Trustees.
[Added 4-27-2010 by L.L. No. 2-2010]
Area of a commercial parcel used for outdoor display of products
or vehicles offered for sale as an accessory use to a sales office
located on the same premises.
[Added 11-13-2018 by L.L.
No. 6-2018]
A maximum of one level of parking under a commercial or residential
building which has at least one wall below grade. Parking under a
building shall not be considered a story, provided at least one wall
is below grade.
[Added 11-13-2018 by L.L.
No. 6-2018]
Any individual, firm, company, association, society, corporation
or group.
Any building or facility where services such as a barbershop,
beauty parlor, appliance repair, tailor or dry cleaning are offered
to the public.
[Amended 4-11-2001 by L.L. No. 3-2001]
A meeting hall, clubhouse, auditorium, place of worship or
other structure or portion of a structure accommodating 50 or more
persons and used at regular or periodic intervals as a gathering place
for purposes of conference, deliberation, worship, entertainment,
amusement, recreation or education or the performance of social, athletic
or cultural programs.
[Amended 11-13-2018 by L.L. No. 6-2018]
An area of land to be developed as a single entity for a
number of dwelling units, the plan for which does not correspond in
lot size, bulk or type of dwelling, density, lot coverage or required
open space to the regulations in any one residential district established
by any other section of this chapter.
[Amended 6-11-2019 by L.L. No. 7-2019]
The primary purpose for which a lot or building is designed
or used or in which the principal use is conducted.
Any building, the principal use of which is for dwelling
purposes, and not including dwelling units above business uses in
the same structure.
Any establishment where the principal use is the preparation
and sale of food and beverages to customers seated at a table or counter,
served by a waiter or waitress, or at a buffet for consumption of
the food on the premises. A restaurant may include the serving of
alcoholic beverages and the provision of carry-out food service if
they are incidental to the consumption of food and beverages. The
term "restaurant" does not include a business whose principal operation
is a bar, cabaret, carry-out food service, or a fast-food establishment.
[Added 6-11-2019 by L.L.
No. 7-2019]
Restaurants where most customers order and are served food
inside the premises at a counter, to be taken to a table for consumption
or in packages prepared to leave the premises.
[Added 6-11-2019 by L.L.
No. 7-2019]
An establishment engaged in selling or renting goods or merchandise
to the general public intended for personal and/or household consumption
or business use and rendering services incidental to the sale of such
goods. A gas station or automobile service station shall not be considered
a retail business.
[Added 11-13-2018 by L.L.
No. 6-2018]
That line formed by the facade of a building at the point
at which it meets the roof of the building.
Any letter, word, model, banner, pennant, insignia, trade
flag, device or representation used as or which is in the nature of
an advertisement, attraction or directive.
Includes all faces of a sign measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area within
which all of the matter of which such sign consists may be inscribed.
A sign which directs attention to a business or profession
conducted upon the property.
A plan for the proposed development of a property showing
the location of buildings, means of ingress and egress to the property,
circulation within the property, treatment of all open areas and the
general relationship of said property to abutting properties.
A use that may not be generally appropriate or appropriate
without restriction as to location throughout a zoning district but
which, if controlled as to number, area, location and/or relation
to the neighborhood, would promote the public health, safety, morals,
comfort, convenience and/or general welfare.
An accessory structure or portion of a principal building,
not open to the public, used by a commercial entity to store equipment,
materials or supplies for use by that commercial entity.
[Added 11-13-2018 by L.L.
No. 6-2018]
Commercial facility which offers fully enclosed space for
rent for the storage of personal, household or business property.
Conducting of any business or sales from individual storage units
shall be prohibited.
[Added 11-13-2018 by L.L.
No. 6-2018]
Any building floor level (including occupied roof level)
having its finished floor surface entirely above grade plane, or in
which the finished surface of the floor next above is any of the following:
[Amended 11-13-2018 by L.L. No. 6-2018]
More than six feet above grade plane.
More than six feet above the finished ground level for more
than 50% of the total building perimeter (except "parking under building,"
as defined herein).
More than 12 feet above the finished ground level at any point
(except loading dock provisions shall not be included in finished
ground level calculations where area around building is ramped down
for access to loading dock).
A finished area used for living space under a sloping roof
with headroom of at least five feet or more is provided for at least
60% of the finished space. Unfinished attic space shall not be considered
a story or a half story for zoning purposes.
[Amended 11-13-2018 by L.L. No. 6-2018]
A publicly dedicated right-of-way or a private right-of-way,
improved to meet Village street specifications, for vehicular and
pedestrian traffic which affords the principal means of access to
abutting properties.
The dividing line between a lot and the right-of-way of a
street.
Any combination of materials forming any construction, the
use of which requires permanent location on the ground or attachment
to something having permanent location on the ground.
An establishment which serves alcoholic beverages as its
primary business. Such establishment may also offer food but typically
does not provide table service.
[Added 11-13-2018 by L.L.
No. 6-2018]
A dwelling structure containing a series of two- or two-and-one-half-story
noncommunicating one-family dwelling units having a common wall between
each two adjacent sections. Each dwelling unit is in separate ownership
on a separate tax lot.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free from structures
of any kind and which is available and accessible to all occupants
of the building or buildings on said lot for purposes of active or
passive outdoor recreation. Said "usable open space" may include buffer
strips and fenced or screen-planted children's play areas.
The purpose for which land or a building is arranged, designed
or intended or for which either land or a building is or may be occupied
or maintained.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations.
[Added 6-11-2019 by L.L.
No. 7-2019]
A commercial building used primarily for storage of raw materials
or finished products for distribution or long-term storage that is
not open to the public.
[Added 11-10-2015 by L.L.
No. 5-2015]
The area of a lot generally unoccupied by any building and
extending along the lot lines and in towards the interior of the lot.
Such open space is unoccupied and unobstructed from the ground upward.
An open, unoccupied space within and extending the full width
of the lot between the front property line and the building.
An open, unoccupied space within and extending the full width
of the lot between the building and the rear line of the lot.
That portion of a yard regulated by this chapter which shall
be left open and unoccupied by any part of a building other than a
fence or retaining wall, except as provided herein.
An open, unoccupied space within a lot between the side lot
line and the parts of a building nearest to such lot line. Such "side
yard" shall extend from the front yard to the rear yard.
[Amended 5-10-2005 by L.L. No. 1-2005]
The Village of Harriman is hereby divided into
the following classes of districts, the respective symbol for each
type of district being set forth opposite its title:
|
R-100
|
Residential Single-Family District
|
|
R-50
|
Residential Single-Family District
|
|
R-M
|
Multiple Residential District
|
|
B-1
|
Neighborhood Commercial District
|
|
B-2
|
General Commercial District
|
|
I
|
Industrial District
|
|
PAD
|
Planned Area Development District
|
|
RSH
|
Senior Citizen Residential Overlay District
|
The boundaries of said districts are hereby
established as shown on the Zoning Map of the Village of Harriman,
as adopted by the Village Board, dated April 1968, which accompanies
and which, with all explanatory matter thereon, is hereby made a part
of this chapter. Said map, indicating the latest amendments, shall
be kept up-to-date in the offices of the Village Clerk for the use
and benefit of the public.
[Amended 11-10-2015 by L.L. No. 5-2015]
The Schedule of District Regulations which accompanies
this chapter is hereby made a part of this chapter. Any uses not specifically
permitted in Columns 2, 3 or 4 of the schedule are hereby prohibited.[1] Any list of prohibited uses contained in any section of
this chapter shall not be considered to be an exhaustive list but
has been included for the purposes of clarity and emphasis and to
illustrate by example some of the uses frequently proposed that are
deemed undesirable and incompatible and are thus prohibited.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
In determining the boundaries of districts shown
on the map, the following rules shall apply:
A.
Unless otherwise shown, the district boundaries shall
be construed to coincide with the center lines of streets, alleys,
highways, waterways, railroad rights-of-way or such lines extended,
unless otherwise indicated.
B.
Where such boundaries are indicated approximately
following a lot line, such lot line shall be construed to be said
boundary.
C.
Measurements stated on the Zoning Map are perpendicular
or radial distances from street lines measured to the zone boundary
line which, in all cases where distances are given, is parallel to
the street line.
D.
Where a district boundary divides a lot under single
ownership, any part of which is located in an R-100, R-50, R-M or
PAD residential district, the regulations for any such residential
zoning district may, at the owner's discretion, extend to the entire
lot. Where any portion of such divided lot is located within a B-1
or B-2 Business District, the applicable business district regulations
may, at the owner's discretion, extend into a residential zone but
no more than 30 feet beyond the boundary line of the business district.
[Amended 3-10-2020 by L.L. No. 4-2020]
E.
In all other cases, where dimensions are not shown
on the map, the location of the boundaries shown on the map shall
be determined by the use of the scale appearing thereon.
F.
Where a district boundary line is shown as approximately
following the Village limits, such boundary shall be construed to
be the Village limits.
G.
Where a municipal boundary divides a lot or development, there shall
be no setback requirement from the municipal boundary line. Setbacks
on the lot shall comply with each municipality's bulk requirements,
respectively. No structure shall be constructed on or across a municipal
boundary.
[Added 11-13-2018 by L.L.
No. 6-2018[1]]
[1]
Editor's Note: This local law also redesignated former
Subsection G as Subsection H.
H.
In cases of doubt, the district boundary line shall
be determined by the Board of Appeals.
