[Amended 9-5-1989 by L.L. No. 6-1989; 1-5-2021 by L.L. No. 1-2021]
A.
Front yard exception. When an unimproved lot is situated between
two improved lots, each having a principal building 20 feet to the
side lot line of the unimproved lot, the front yard may be reduced
to a depth equal to that of the greater front yard of the two adjoining
lots; provided, however, that it may not be reduced to below 10 feet
in residential districts.
(1)
Front yard exception for preexisting nonconforming buildings. The
front yard of a preexisting nonconforming building may be reduced
to a depth equal to that of the greater front yard of the two adjoining
lots; provided, however, that the front yard may not be reduced to
below 10 feet from the property line.
B.
Projections into yards. Projections into required yards shall be
permitted as follows, except that no such projection shall be located
closer than three feet to any side or rear lot line or 10 feet to
any front lot line:
(1)
Bay windows, carports, fireplaces, fire escapes, chimneys, uncovered
stairs and landings and balconies and cornices, canopies, eaves or
other architectural features not required for structural support may
project into the required side, front or rear yard not more than a
total of three feet.
(2)
Porches may project into the required rear yard up to 10 feet.
(3)
Patios may be located in the required side and rear yards not closer
than three feet to any adjacent property line and may project into
front yards up to 10 feet.
(4)
Accessory off-street parking spaces, except that in residential districts
no off-street parking spaces are permitted in any required front yard.
[Added 2-19-2008 by L.L. No. 6-2011]
A.
Standards for lot count. For all major subdivision applications,
the maximum number of lots or dwelling units (N) which the Planning
Board may approve for land to be subdivided shall be the whole number
(all fractions excluded) which results from the following calculation:
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Gross parcel area (GPA), minus areas of wetlands, water bodies and watercourses (WWW), including 50% of the buffer area (BA), as defined in Chapter 203, Wetlands, of the Village Code, minus areas of freshwater wetlands (FW), including 50% of the buffer area (BA), as defined in Article 24 of the New York State Environmental Conservation Law, minus areas within the one-hundred-year-flood boundaries (FB), as defined on the Flood Boundary and Floodway Map issued by the Federal Emergency Management Agency, minus steep slopes (SS), defined as land with a slope greater than 15%, minus 10% of net parcel area (NPA).
|
|
Lot count formula is:
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|---|---|---|
|
N = (GPA - WWW - 50% BA - FW - 50% BA - FB - SS)
- 10% NPA
MLS
| ||
|
MLS is the minimum lot size required in the zoning district
in which the land is located.
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|
NOTE:
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*
|
The ten-percent NPA deduction is to be made only when streets
are included within the subdivision.
| |
B.
Procedures for steep slope delineations. The procedure to be utilized
in quantifying the areas of steep slope for the purpose of determining
the number of lots or units shall be as follows:
(1)
Scale of map shall be either one inch equals 50 feet or one
inch equals 100 feet with a two-foot contour interval.
(2)
All areas of steep slopes shall be shown on the Lot Count Map.
Areas of steep slopes used in lot count calculations and inclusions
of 20% or less, too small to be excluded, shall be clearly differentiated
from steeply sloping land which has not been included. Determination
for inclusion in lot count calculations shall be made by applying
the guidelines below.
(3)
Calculations pursuant to the formula contained in Subsection A shall be included on the Lot Count Map.
(4)
Sources of all topographic and other survey data shall be identified
on the Lot Count Map.
(5)
The Lot Count Map, including all steep slope quantifications
and calculations, shall be sealed by either a licensed professional
engineer, licensed surveyor, licensed landscape architect or registered
architect.
(6)
The original Mylar(s) or other dimensionally stable transparency
and a minimum of two copies of the original Lot Count Map shall be
submitted to the Planning Board.
(7)
Steep slopes shall be determined by measuring at right angles
to contour lines. Whenever the distance between two adjacent contour
lines is less than 10 feet, such area shall be shaded as steep slope
on the worksheet maps. Limits of steeply sloping land shall be shown
as a curvilinear line smoothly transitioning between points. Allowances
shall be made for the continuation of steeply sloping land at the
top and bottom of such slopes. See Figure 1 below.
 |
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(Figure 1)
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(8)
On the Lot Count Map and in the lot count calculations, an area
of less than 25% slope located within an area which generally is a
steep slope area shall be included as a part of such steep slope area,
unless it is large enough to contain a fifty-foot-diameter circle
as shown in Figure 2.
 |
|---|
|
(Figure 2)
|
(9)
On the Lot Count Map and in the lot count calculations, the
minimum area to be considered a steep slope area shall be large enough
to contain a fifty-foot-diameter circle as shown in Figure 3. When
applying this guideline, steep slope areas continuing offside or into
wetlands shall be considered.
 |
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|
(Figure 3)
|
(10)
Topographic mapping.
(a)
All topographic mapping used for lot count calculations shall
be in the National Geodetic Vertical Datum (NGVD) of 1929. At least
three recently established or recently recovered bench marks shall
be properly plotted on the same, together with their complete descriptions
and elevations. These bench marks shall be readily accessible and
located either on the subject parcel or in nearby public rights-of-way.
They shall be geographically distributed so as to make their use generally
convenient.
(b)
The boundary (property line) of the subject parcel shall be
clearly marked on the topographic map(s) and complete metes and bounds
information provided, together with a printout or list of coordinates
to permit random mathematical scale checks. These scale checks will
be used to prorate areas by the appropriate squared scale factor.
(c)
Photogrammetry used for this purpose shall be compiled to national
map accuracy standards from current aerial photography. All areas
of dense foliage shall be clearly identified, and contours in these
areas shall be verified by direct field work; otherwise, these areas
shall be considered steep slope areas.
(11)
As determined by the Planning Board, the recreation area requirement
shall be satisfied by either:
(a)
A reduction of N in the calculations in this section by 10%
and a designation of at least one acre of land for every 20 dwelling
units for active recreation;
(b)
Payment of an in-lieu-of-recreation-area fee at a rate per dwelling
unit as required in the Village of Buchanan Code; or
(c)
A combination of a reduction of N in the calculations in this
section and the designation and development of active recreation facilities
that would be commensurate with alternatives in the subsections above.
(12)
Calculations.
(a)
For purposes of the calculations in this section, if a parcel
falls in more than one zoning district, zoning district lines shall
be treated as hypothetical lot lines, and separate calculations shall
be made for each portion of the parcel so divided by zoning district
lines.
(b)
For purposes of the calculations in this section, areas falling
under more than one category to be subtracted from the gross parcel
area shall be subtracted only once.
[Amended 11-6-1989 by L.L. No. 11-1989]
A.
Vehicular access for through lots and corner lots. The Planning Board
shall decide which street shall be considered as the street from which
vehicular access is derived and shall designate the front yard.
B.
Front yard designation of through lots and corner lots. The Planning
Board shall designate which yard abutting a street shall be considered
the front yard for purpose of locating accessory structures and uses.
C.
Clear sight triangle for corner lots. Across each corner lot, a clear
sight triangle shall be provided outside the street right-of-way,
within the area formed by the nearest edges of the street pavement
and a straight line between two points, each 75 feet back from the
theoretical intersection of the nearest edges of the pavement. A clear
line of sight shall be maintained in either direction across such
triangular area between an observer's eye 3.5 feet above the pavement
surface at its nearest edge and an object 4.25 feet above the nearest
edge of pavement on the intersecting road. In the case of streets
which intersect at other than right angles, the Planning Board may
require that the dimensions of the clear sight triangle be modified
to provide adequate sight distance.
D.
Lots without public water or sewer facilities. No building permit
shall be issued for any use on a lot which is not served by both the
public water and public sewer systems.
E.
One building or structure per lot. Every building or structure hereafter
erected shall be located on a lot, and there shall not be more than
one building or structure on a lot unless specifically permitted elsewhere
in this chapter.
A.
Accessory structures. All accessory structures shall conform to the minimum yard regulations established in Article V, except as permitted below:
(1)
Unattached structures accessory to residential buildings. Structures
accessory to residential buildings which are not attached to a principal
structure shall not be higher than 15 feet or 1 1/2 stories and
may be erected within the required rear yard of a principal structure,
provided that they conform to the following:
(a)
Distance from side lot line: not less than three feet from the side lot line, except in the case of corner lots, where the side yard, as specified in § 211-18, shall be maintained.
(b)
Distance from rear lot line: not less than four feet from the
rear lot line.
(c)
Distance from principal structure: not less than 10 feet from
a principal structure.
(2)
Unattached structures accessory to nonresidential buildings. Such
accessory structures shall comply with front and side yard requirements
for the principal structure, shall have a minimum rear yard of at
least 10 feet and shall not exceed two stories or 25 feet in height.
(3)
Fences and walls. Unless specifically noted, the provisions of this
chapter shall not apply to fences, terraces or walls less than six
feet in height above the average natural grade nor to terraces, steps,
unroofed porches or other similar features not over three feet above
the level of the natural grade.
B.
Home occupations. A single home occupation per lot is permitted as
an accessory use to a residential building subject to special use
permit approval of the Board of Appeals. The home occupation must
conform to the following regulations:
[Amended 4-6-1981 by L.L. No. 2-1981; 11-20-1989 by L.L. No.
13-1989]
(1)
The home occupation shall be carried on wholly indoors within a dwelling
unit.
(2)
Not more than 300 square feet and in no case more than 20% of the
floor area of the dwelling unit may be used.
(3)
There shall be no exterior storage of materials or equipment.
(4)
The home occupation must be operated only by a person residing in
the dwelling unit.
(5)
There shall be no use of show windows, displays or advertising visible
outside the premises to attract customers or clients other than one
home occupation announcement sign, not more than two square feet in
size.
(6)
No external alterations, additions or changes to the structure shall
be permitted in order to accommodate or facilitate a home occupation.
(7)
The Building Inspector shall be permitted free access to the dwelling
during normal business hours.
(8)
The special use permit shall be valid for a period of one year and
may be renewed annually upon a showing that all the conditions of
the original permit are still satisfied.
(9)
The following uses are the only uses eligible as an accessory home
occupation: writer, seamstress, typist, crafts, word processing, tutor
and such other similar uses that the Board of Appeals deems compatible
with a residential district.
(10)
Among those uses not to be interpreted to be a home occupation
are the following: clinics, hospitals, laboratories, group-care facilities,
group homes, shelters and veterinarians.
(11)
No offensive odor, noise, vibration, smoke, dust, heat, light,
glare or similar condition shall be produced by a home occupation.
(12)
Parking requirements for home occupation uses must be complied
with.
(13)
A home occupation shall not be permitted on a lot where the
dwelling also contains an accessory apartment as an accessory use.
C.
Home gardening, nurseries and greenhouses. Home gardening and accessory
structures used for nurseries or as greenhouses are permitted in residential
areas, provided that they are used by the residents thereof for noncommercial
purposes and provided, further, that they shall not include the outdoor
storage of equipment and supplies.
D.
Residential swimming pools.
[Amended 6-18-1990 by L.L. No. 5-1990]
(1)
A residential swimming pool is permitted within a building, provided that the building complies with the area and dimensional requirements of this chapter and with the structural requirements of Chapter 67, Building Construction.
(2)
A residential swimming pool is permitted outside of a building, provided
that:
(a)
The edge of the pool (measured at the waterline) and any deck,
patio, walkway, filter and other equipment shall not be located closer
than 10 feet to any side or rear property line nor located within
any front yard.
(b)
The pool, with any deck, patio, walkway, filter and other equipment,
shall not occupy more than 8% of the lot area.
(c)
Enclosures.
[1]
The pool shall be provided with an enclosure which shall comply
with the following:
[a]
The enclosure shall be at least four feet in height
and have a maximum vertical clearance to grade of two inches.
[b]
Where a picket-type fence is provided, horizontal
openings between pickets shall not exceed 3 1/2 inches.
[c]
Where a chain link fence is provided, the openings
between links shall not exceed 2 3/8 inches.
[d]
The enclosure shall be constructed so as not to
provide footholds.
[e]
Pickets and chain link twists shall extend above
the upper horizontal bar.
[f]
The enclosure shall have railings and posts within
the enclosure, which shall be capable of resisting a minimum lateral
load of 150 pounds applied midway between posts and at the top of
the posts respectively. Enclosure, fence material or fabric shall
be capable of withstanding a concentrated lateral load of 50 pounds
applied anywhere between supports on an area 12 inches square, without
failure or permanent deformation. Gates provided in the enclosure
shall be self-closing and self-latching, with the latch handle located
within the enclosure and at least 40 inches above grade.
[2]
A wall of a dwelling is permitted to serve as part of the enclosure required in Subsection D(2)(c)[1] under the following conditions:
[3]
The pool shall not be required to be enclosed in accordance with Subsection D(2)(c)[1] and [2] if the pool decking or pool top is separated from adjoining grade by at least 46 inches, provided that the access ladder or steps can be blocked in an approved manner when the pool is not intended for use.
E.
Private garages and parking spaces.
[Amended 6-14-2018 by L.L. No. 2-2018; 8-11-2020 by L.L. No. 4-2020]
(1)
Any garage or parking space in a residential district, when used
for boat or vehicle storage, shall be occupied only by boats or vehicles
owned and operated by the residents of the dwellings on the same lot.
(2)
Under Subsection E(2)(a) and (b) below, there will be permitted a total of two, in any combination, of any of the following except where specifically prohibited.
(a)
One commercial vehicle, including taxis, not longer than 20
feet in length and eight feet in height nor more than 7,500 pounds
unladen vehicle weight, excluding any commercial vehicle designed
primarily for the transportation of petroleum products or other flammable
substance, hazardous material or waste. This restriction does not
pertain to personal use vehicles that are required by the Department
of Motor Vehicles and/or by law to have commercial license plates
as well as vans and pickup trucks used for personal use. Lettering
required by law, including business name, address, phone and license
numbers, are permitted on commercial vehicles. All other forms of
advertisement and signage, including wrapping, are specifically excluded
and are not permitted. No box trucks, dump trucks, or similar trucks
are allowed.
(b)
No more than one trailer, including but not limited to trailers
used for recreational vehicles and motor homes, may be parked or stored
on any residential lot. A second trailer may be kept on property if
a boat which is owned by the owner or renter of the property is permanently
stored on that trailer.
(3)
All parked or stored recreational vehicles and trailers must have
a permit and sticker issued by the Village indicating that said recreational
vehicle and/or trailer is owned by the owner of the property or owned
by a legal renter of the property where said recreational vehicle
or trailer is stored or parked. In order to obtain said permit, the
owner must provide proof of registration of said vehicle or trailer.
Fees for said permit, if any, shall be set by resolution of the Board
of Trustees and incorporated into the Village Fee Schedule.
(4)
Parking of any trailer, recreational vehicle, or commercial vehicle
on front lawns or front yards, other than on paved driveways, is strictly
prohibited.
(5)
Parking of any trailer, recreational vehicle, or commercial vehicle
on streets and/or Village right-of-way is strictly prohibited for
periods in excess of three hours, unless a variance is obtained from
the Village Building Inspector.
(6)
Trailers, boats, and commercial vehicles stored on properties must
comply with the same setback requirements which apply to accessory
structures. If a property is nonconforming or is unable to comply
with these setback requirements, then in that event the owner or renter
may apply for a variance from the Village Building Inspector.
(7)
Development of parking and loading spaces. All off-street parking
and loading areas shall conform to the following:
(a)
Off-street parking and loading lots may be developed on any required side or rear yard subject to § 211-17B. Off-street parking garages shall conform to the requirements for accessory or principal buildings of the district in which they are located.
(b)
They shall be surfaced with a durable bituminous or concrete
paving material.
(c)
They shall be properly graded and drained to dispose of all
surface water.
(d)
They shall be arranged and marked for the orderly and safe movement,
loading, parking and storage of vehicles.
(e)
They shall be adequately illuminated if designed for use by
more than three cars after dusk.
(f)
Exit and entrance driveways or access points for other than
residences shall be at least 20 feet wide and shall not exceed 32
feet in width and, wherever practical, shall not occupy the full width
of the streets, alleys or other rights-of-way from which they derive
their access, but in all cases shall be limited to well-defined points
and shall be so designed as to provide maximum safety for other adjoining
or nearby uses.
(g)
There shall be no parking on any front yards, other than on
paved driveways.
(8)
Storage of vehicles. No dead storage of vehicles shall be allowed
in any front or side yards.
[Amended 6-17-1991 by L.L. No. 3-1991]
A.
Purpose. The purpose of this section is to promote and protect the public health, safety and welfare by regulating outdoor signs of all types, in furtherance of the purposes of this chapter as set forth in § 211-3. It is intended to protect property values, create a more attractive economic and business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty and provide a more enjoyable and pleasing community. It is further intended hereby to reduce sign or advertising distractions and obstructions that may contribute to traffic accidents, reduce hazards that may be caused by signs overhanging or projecting over public rights-of-way, provide more visual open space and maintain and improve the community's appearance and attractiveness. This section is intended to promote attractive signs which clearly present the visual message in a manner that is compatible with its surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply to enhance their surroundings.
B.
Sign permit application.
(1)
No person shall erect, alter or relocate any sign allowed by permit in a commercial or industrial district as listed in Subsection D, Sign Table,[1] without first obtaining a permit from the Building Inspector
unless approval is given through site development plan or special
permit review. Subsequent to this initial application or site development
plan or special permit approval, no permit shall be required for a
sign to be repainted or repaired or to have its message changed, provided
that its location, size, materials and method of construction, illumination
and colors are the same as those for which the initial application
was made or site development plan or special permit approval was given.
[1]
Editor's Note: The Sign Schedule is included at the end of this chapter.
(2)
Application for a permit shall be made, in writing, to the Building
Inspector on forms provided by the Village and shall contain the following
information. Depending on the exact nature of the sign, the Building
Inspector may modify the following informational requirements to require
additional information or to eliminate certain information. The application
shall include:
(a)
The name, address and telephone number of the applicant and
the owner of the property.
(b)
The street address and Tax Map parcel number of the building,
structure or land upon which the sign now exists or is to be erected.
(c)
A full description of the placement and appearance of the proposes
sign, including the following:
[1]
The elevation and plan drawings of the proposed sign.
[2]
The location on the premises; specifically, its position in
relation to adjacent buildings, structures and property lines.
[3]
The method of illumination, if any, and the position of lighting
or other extraneous devices and a copy of the electrical permit related
to the electrical connections.
[4]
The graphic design, including symbols, letters, materials and
colors.
[5]
The visual message, text, copy or content of the sign.
(d)
A description of the placement and appearance of all existing
signs on the premises, including elevation and plan drawings of the
signs, location on the premises, method of illumination, graphic design
and content of the sign.
(e)
Written consent or a copy of the contract made with the owner
of the property upon which the sign is to be erected if the applicant
is not the owner.
(3)
Upon the filing of a completed application for a sign permit and
the payment of a fee in accordance with the fee schedule of the Village
of Buchanan, the Building Inspector shall examine the plans, specifications
and other data submitted and the premises on which the sign is to
be erected or now exists. If the proposed sign is in compliance with
all the requirements of this chapter, the Building Inspector shall
then, within 15 days, issue a permit for the erection of the proposed
sign or for an existing sign. The issuance of a permit shall not exclude
the applicant from conforming to the other laws and ordinances of
the Village.
(4)
If the erection of the sign authorized under any such permit has
not commenced within six months from the date of the issuance, the
permit shall become null and void, but may be renewed within 30 days
prior to the expiration, for good cause shown, for an additional six
months, upon payment of 1/2 of the original fee.
(5)
A current and valid sign permit shall be freely assignable to a successor
as owner of the property or holder of a business license for the same
property, provided that the subsequent owner of the property or holder
of the business license makes no changes.
C.
General regulations.
(1)
No sign shall impair or cause confusion of vehicular or pedestrian
traffic in its design, color or placement.
(2)
In addition to the setback requirements of this section, signs shall be located in compliance with § 211-18C, Clear sight triangle for corner lots, except that a freestanding sign may be permitted in the clear sight triangle, provided that the bottom of the sign is at least seven feet above normal grade below the sign, that the sign is supported by no more than two stanchions adequately spaced to maintain a clear line of sight and that each stanchion is no wider than six inches.
(3)
No direct light or significant glare from an illuminated sign, other
than one composed of exposed bulbs or neon, shall be cast beyond the
property lines of the lot on which the sign is located.
(4)
Illumination shall be appropriate to the character of the sign and
surroundings.
(5)
Signs shall be designed to be compatible with the surroundings and
appropriate to the architectural character of the buildings on which
they are placed. Sign panels and graphics shall relate with and not
cover architectural features and shall be in proportion to them.
(6)
Groups of related signs shall express uniformity and create a sense
of harmonious appearance.
(7)
Signs shall be appropriate to the types of activities they represent.
(8)
Temporary signs may be displayed for 14 days prior to and during
the event or occurrence but shall be removed two days after the close
of the event or occurrence.
D.
Sign Table. The accompanying table entitled "Village of Buchanan
Sign Schedule"[2] shall be deemed part of this section and is referred to
herein as "Sign Table."
(1)
Allowed signs per lot. Those signs listed under the column "Allowed Signs Per Lot" in the Sign Table, none of which shall be animated, changeable copy or illuminated, except where otherwise noted, shall be allowed as regulated therein without the need for obtaining a permit as specified in Subsection B.
[2]
Editor's Note: The Sign Schedule is included at the end of this chapter.
E.
Prohibited signs. All signs not expressly allowed either with or
without a permit under this section are prohibited. Such signs include
but are not limited to:
(1)
Signs with commercial messages which do not concern a lawful activity
or are misleading.
(2)
Signs within a public right-of-way and signs attached to utility
poles, other than public signs erected by a governmental body to post
legal notices, identify public property, convey public information
and regulate pedestrian or vehicular traffic; bus stop signs erected
by a public transit company; and informational signs of a public utility.
(3)
Signs placed upon or above the roof of any building.
(4)
Beacons, pennants and strings of lights which are not permanently
mounted to a rigid background, other than holiday lights and decorations
having no commercial message and being displayed between November
15 and January 15.
(5)
Inflatable signs and tethered balloons.
(6)
Animated signs.
(7)
General advertising (billboard or posterboard) signs which direct
attention to a business, commodity, service, event or other activity
which is sold, offered or conducted elsewhere than on the premises
upon which such sign is located.
[Amended 7-8-1996 by L.L. No. 1-1996]
F.
Construction standards.
(1)
All freestanding signs shall be designed and constructed to withstand
a wind pressure of not less than 30 pounds per square foot of surface
area.
(2)
All changeable copy signs, the bottoms of which are located below
10 feet above normal grade below the sign, shall be enclosed or otherwise
protected from vandalism.
(3)
All signs, including wall and projecting signs, shall be securely
anchored.
(4)
All projecting, freestanding or wall signs shall employ acceptable
safety material.
(5)
All signs shall be painted and/or fabricated in accordance with standards
acceptable to the Building Inspector.
(6)
All internally illuminated signs shall be constructed in conformance
with the Standards for Electric Signs (U.L. 48) of Underwriters' Laboratories,
Inc., and bear the seal of Underwriters' Laboratories, Inc. If such
sign does not bear the Underwriters' Laboratories, Inc., label, the
sign shall be inspected and certified by the New York Board of Fire
Underwriters.
(7)
All transformers, wires and similar items for illuminated signs shall
be concealed. All wiring to freestanding signs shall be underground.
(8)
All signs, sign finishes, supports and electric work shall be kept
clean, neatly painted and free from all hazards, such as but not limited
to faulty wiring and loose supports, braces, guys and anchors.
G.
Nonconforming signs.
[Added 7-8-1996 by L.L. No. 1-1996]
(1)
Any sign which cannot be classified from the sign categories specifically
permitted or exempted by this section shall be removed within one
year of the effective date of this section.
(2)
All other signs which do not meet the provisions or standards of
this section shall be either conformed or removed within three years
of the effective date of this section (the "amortization period").
Upon the submission of an application within 30 days of the expiration
of such amortization period and credible evidence by the owner of
any such sign establishing that recoupment of the initial investment
cannot be accomplished within the amortization period, the Village
Board of Trustees may, after consideration of the submitted evidence
and purposes of this section, grant an extension of the amortization
period.
(3)
The transfer of ownership or use of any nonconforming or prohibited
sign during the amortization period noted above will immediately terminate
the amortization period and shall result in the immediate removal
of the nonconforming or prohibited sign.
[Amended 7-5-2016 by L.L.
No. 2-2016; 9-17-2021 by L.L. No. 8-2021]
A.
Required yard screening. Yard screening shall be provided within
15 feet of the boundary or property line of any manufacturing or commercial
use of off-street parking lot which abuts a residential use and on
any special use where such screening is required by the Board of Appeals.
Such screening shall consist of a four-foot-high to six-foot-high
visual screen or obstruction of suitable scrubs, fences, walls, or
hedges.
C.
Fences.
(1)
A drawing of the proposed fence must be submitted to the Building
Department showing the exact location the fence will be located on
the property and a building permit must be obtained. Fences are to
be limited to four feet in height across front yards and six feet
in height on side and rear yards. Fences may be located anywhere on
a property; however, the Village requires front yard fences to be
set back six feet from the curb to allow for snow removal. The Village
will not be responsible for damage to fences caused by snow plowing
and snow removal.
(2)
In regard to fences, the height of the fence shall be measured from
the finished grade to the top of the fence. In the case of a fence
located on the top of a wall or berm, the height of the fence shall
include the height of the wall or berm. Fences located more than 10
feet away from the wall will not be required to include the height
of the wall when calculating fence height.
D.
One decorative entrance gate or archway, not exceeding eight feet
in height and eight feet in width, may be installed to allow entry
to and from a yard in any side or rear yard.
E.
At all street intersections in all districts, no obstructions to
motorist vision exceeding three feet in height above street pavement
level shall be erected or maintained on any lot within the triangle
formed by the street lines of such lot and a line drawn between points
along such street line 30 feet distant from their point of intersection.
All corner lots are deemed to have two front yards and are therefore
subject to the four-foot-height restriction.
F.
Walls. Walls may be located anywhere on a property. Walls less than
three feet in height do not require a building permit. Walls over
three feet in height require a building permit and a drawing of where
the wall will be located on the property. Walls over four feet in
height require a building permit and a drawing by a licensed engineer
detailing the design of the wall and its location on the property.
G.
Any preexisting fence or wall installed before the adoption of this
section, which is damaged or destroyed to an extent equal to not more
than 50% of the total wall or fence, may be restored within one year
of the date of the damage; provided, however, that it shall not be
altered or enlarged unless said alteration or enlargement complies
with the current requirements of this chapter.
H.
All fences featuring a rough or unfinished side including the structural
components such as fence posts shall be constructed such that the
rough or unfinished side of the fence faces the interior of the property
on which the fence is situated.
[Amended 5-1-1989 by L.L. No. 4-1989; 9-5-1989 by L.L. No.
7-1989; 8-19-1991 by L.L. No. 4-1991]
A.
Legislative intent. A special permit may be granted by the Planning
Board to permit accessory apartments. It is the specific purpose and
intent of this provision to provide the opportunity for the development
of small, rental dwelling units designed, in particular, to meet the
special housing needs of single persons and couples of low and moderate
income, both young and old, and of relatives of families presently
living in the Village of Buchanan. Furthermore, it is the purpose
and intent of this section to allow the more efficient use of the
Village's existing stock of dwellings, to provide economic support
for present resident families of limited income, to protect and preserve
property values and to maintain the single-family character of the
residential districts of the Village of Buchanan without the overutilization
of the land.
B.
To help achieve these goals and promote the objectives of the Village Development Plan, the issuance of a special permit and the granting of site development plan approval by the Planning Board shall be subject to the following requirements, and the Planning Board shall make the following as findings in addition to the general standards and requirements applicable to site development plans set forth in Article VII and special permits as set forth in Article X of this chapter.
(1)
More restrictive provisions to prevail. In the R-7.5, R-10, R-15,
R-20 and R-40 Residential Districts and in the C-1 and C-2 Commercial
Districts, the property and structures shall comply with all applicable
requirements for the zoning district in which the property is located,
except that the regulations of this section shall apply when they
are more restrictive.
(2)
Occupancy.
(a)
The owner of the single-family lot upon which the accessory
apartment is located shall occupy the principal or accessory dwelling
unit on the premises as his primary residence.
(b)
No more than one accessory apartment shall be permitted on any
lot.
(c)
An accessory apartment shall be subordinate in area to the principal
dwelling and shall be limited to occupancy by a maximum of two persons.
(3)
Use.
(a)
An accessory apartment shall not be permitted on a lot where
the dwelling also contains either boarding or a home occupation as
an accessory use.
(b)
The principal use of the premises must be a single-family detached
residence.
(c)
No accessory apartment is permitted in an accessory building
or structure.
(4)
Maintenance and continued compliance. An accessory apartment shall be permitted only where all structures on the premises are in a reasonable state of repair and modernization and where all structures and any new construction undertaken for the accessory apartment shall be in compliance with Chapter 67, Building Construction, and the New York State Uniform Fire Prevention and Building Code as well as all other applicable regulations. The Building Inspector shall inspect the premises and shall report on the condition of structures on the premises to the Planning Board. No permit shall be granted until all outstanding violations are corrected. All conditions of the special permit must be complied with and shall be subject to inspection by the Building Inspector.
(5)
(6)
Other conditions.
(a)
In making its determination on the special permit, the Planning
Board shall also give consideration to the character of the existing
and future uses in the immediate vicinity of the proposed accessory
apartment, including the exterior appearance of buildings as single-family
dwellings, the number of other accessory apartments existing in the
neighborhood in relation to single-family dwellings and the amount
of traffic and parking conditions in the neighborhood. The principal
building must continue to appear to be a single-family residence.
(b)
Artificial illumination shall be installed at the entrance to
any dwelling unit if such entrance is not directly from a public street.
C.
After the Planning Board has determined that the applicant has complied with the above requirements, the issuance of a special permit and the granting of site development plan approval, if necessary, by the Planning Board shall be further subject to the following requirements; however, the Planning Board shall have the power to modify the requirements, provided that said Board finds that such following modifications are consistent with the legislative intent of this section as set forth in Subsection A above and the purposes of this chapter as set forth in § 211-3:
(1)
Age of structure and length of occupancy. The building in which the
accessory apartment is constructed shall be at least 10 years old,
and the owner applicant shall have occupied the dwelling for at least
three years prior to the initial application for the special permit
for an accessory apartment.
(2)
Occupancy.
(a)
No more than one bedroom shall be permitted in any accessory
apartment.
(b)
The minimum gross floor area for an accessory apartment within
a principal building shall be 300 square feet but not larger than
600 square feet, and in no case shall it exceed 33% of gross floor
area of the building in which it is located.
(3)
Location of parking. No more than two off-street parking spaces shall
be permitted in front of the principal building.
D.
In addition to the above requirements, the special permit for an
accessory apartment shall be subject to the following conditions and
procedures:
(1)
Required submissions.
(a)
In addition to the information required in §§ 211-27 and 211-42A of this chapter, the owner-applicant shall present to the Planning Board a floor plan of each habitable floor of the building, with all interior dimensions, including windows and doors, and with an assignment of spaces to the proposed dwelling units, including types of rooms. All plans shall be prepared in sufficient detail and by a person of adequate qualifications to enable the Planning Board to understand and decide upon the acceptability of the proposal.
(b)
The special permit shall be issued to the owners of the property.
Should there be a change in ownership or a change in the residence
of the owner, the special permit and the certificate of occupancy
for the accessory apartment shall become null and void. Thereafter,
should the new owner decide to live in the structure and desire to
continue the use of the accessory apartment, within 90 days of the
change of ownership he shall apply to the Planning Board for a special
permit. Should the new owner decide not to live in the structure or
desire not to continue the use of the accessory apartment, the tenant
shall have 90 days to relocate, the owner shall remove the kitchen
of the accessory apartment within 60 days after the tenant leaves,
and the premises shall revert to a single-dwelling unit.
(2)
Term of permit.
(a)
The initial permit shall be valid for a period of one year, at which time the applicant must appear before the Planning Board and request a renewal of such permit. Subsequent thereto, the special permit shall be valid for a period not to exceed three years, the exact term to be determined by the Planning Board upon its issuance of a renewal special permit. At the end of such period, the owner-applicant shall request the Building Inspector to renew the permit or the owner shall notify the Building Inspector of his intent to discontinue the permit in accordance with the applicable time periods established in Subsection D(1). The Building Inspector shall renew the permit if all conditions of the original permit are still satisfied; otherwise, the Building Inspector shall not renew the permit, and the time periods established in Subsection D(1) for discontinuing the accessory apartment shall apply.
(b)
The owner-applicant shall be required to file on the subject
property a declaration of covenants at the Westchester County Clerk's
office prior to the issuance of a special permit for an accessory
apartment. This declaration shall be in favor of the Village of Buchanan
and state that:
[1]
The special permit for an accessory apartment or any renewal
of said special permit shall terminate upon the death of the undersigned
or the survivor of the undersigned or upon the transfer of title to
said premises or upon the undersigned no longer occupying the premises
as his principal residence.
[2]
The new owner of the premises shall have to apply to the Planning
Board for a special permit to continue the accessory apartment.
[3]
The Building Inspector shall have the right to inspect the premises
upon reasonable notice to the owner.[1]
[1]
Editor's Note: Original §§ 54-22 and 54-23
of the 1971 Code, entitled "Commercial and industrial planned development
groups" and "Residential planned development groups," respectively,
which immediately followed this subsection, were repealed 9-5-1989
by L.L. No. 6-1989.
A.
All nonresidential uses shall be subject to performance standards
as follows:
[Amended 8-20-1990 by L.L. No. 12-1990]
(1)
Prior to construction and operation. Any application for a building
permit for a use which shall be subject to performance standards shall
be accompanied by a sworn statement by the owner of the subject property
that said use will be operated in accordance with the performance
standards set forth herein.
(2)
Continued compliance. Continued compliance with performance standards
is required, and the enforcement of continued compliance with these
performance standards shall be enforced by the Code Enforcement Officer.
B.
Regulation of nuisance elements.
(1)
Definition of elements. No land or building in any district, used
or occupied for any purposes, shall be operated in such manner as
to create any dangerous, injurious, noxious or otherwise objectionable
fire, explosive or other hazard; noise or vibration, smoke, dust,
dirt or other form of air pollution; electrical or other disturbance;
glare; or other substance, condition or element in such amount as
to adversely affect the surrounding area or premises (referred to
herein as "dangerous or objectionable elements"), provided that any
use permitted by this chapter may be undertaken and maintained if
it conforms to the regulations of this subsection limiting dangerous
and objectionable elements at the specified point or points of the
determination of their existence.
(2)
Location where determinations are to be made for enforcement of performance
standards. The determination of the existence of any dangerous and
objectionable elements shall be made at:
C.
Standards to be enforced.
(1)
Fire and explosion hazards. All activities involving, and all storage
of, flammable and explosive materials shall be provided with adequate
safety devices against the hazard of fire and explosion and adequate
fire-fighting and fire-suppression equipment and devices standard
in this industry. Burning of waste materials in open fires is prohibited.
The relevant provisions of state and local laws and regulations shall
also apply.
(2)
Radioactivity or electrical disturbance. No activities shall be permitted
which emit dangerous radioactivity or electrical disturbance adversely
affecting the operation of any equipment other than that of the creator
of such disturbance. All applicable federal regulations shall be complied
with.
(3)
Noise.
(a)
At the points of measurement specified, the maximum sound-pressure
level radiated in each standard octave band by any use or facility,
other than transportation facilities or temporary construction work,
shall not exceed the values for octave bands lying within the several
frequency limits given in Table I after applying the corrections shown
in Table II. The sound-pressure level, measured with a sound-level
meter and associated octave band analyzer conforming to standards
prescribed by the American Standards Association, Inc., New York,
New York. (American Standard Sound Level Meters for Measurement of
Noise and Other Sounds, 224.3—944, American Standards Association,
Inc., New York, New York, and American Standard Specification for
an Octave-Band Filter Set for the Analysis of Noise and Other Sounds,
224.30—1953, or latest approved revision thereof, American Standards
Association, Inc., New York, New York, shall be used.)
|
Table I
| ||
|---|---|---|
|
Frequency Ranges Containing Standard Octave Bands
(cycles per second)
|
Octave Band Sound-Pressure Level
(decibels)
(re 0.0002 dyne/cm)
| |
|
20 to 75
|
65
| |
|
75 to 150
|
55
| |
|
150 to 300
|
50
| |
|
300 to 600
|
45
| |
|
600 to 1,200
|
40
| |
|
1,200 to 2,400
|
40
| |
|
Above 2,400
|
35
| |
(b)
If the noise is not smooth and continuous and is not radiated
between the hours of 10:00 p.m. and 7:00 a.m., one or more of the
corrections in Table II shall be applied to the octave band levels
given in Table I.
|
Table II
| |||
|---|---|---|---|
|
Type of Location of Operation or Character of Noise
|
Correction
(decibels)
| ||
|
Daytime operation only
|
5
| ||
|
Noise source operates less than: (NOTE: Apply 1 of these corrections
only.)
| |||
|
20% of any 1-hour period
|
5
| ||
|
5% of any 1-hour period
|
10
| ||
|
Noise of impulsive character (hammering, etc.)
|
-5
| ||
|
Noise of periodic character (hum, screech, etc.)
|
-5
| ||
|
Property is located in any M District and is not within 200
feet of any R District
|
10
| ||
(4)
Vibration. No vibration shall be permitted which is detectable without
instruments at the property lines.
(5)
Glare. No direct or sky-reflected glare, whether from floodlights
or from high-temperature processes, such as combustion or welding,
or otherwise, shall be permitted. This restriction shall not apply
to signs otherwise permitted by the provisions of this chapter.
(6)
Smoke. No emission shall be permitted from any chimney, or otherwise,
of visible gray smoke of a shade equal to or darker than No. 2 on
the Powers Micro Ringelmann Chart, published by McGraw-Hill Publishing
Company, Inc., and copyrighted 1954 (being a direct facsimile reduction
of a standard Ringelmann Chart as issued by the United States Bureau
of Mines), except that visible gray smoke of a shade equal to No.
3 on said chart may be emitted for four minutes in any 30 minutes.
All applicable federal, state or county regulations shall apply.
(7)
Odors. No emission shall be permitted of odorous gases or other odorous
matter in such quantities as to be readily detectable at the property
line of the zone lot from which they are emitted without instruments.
(8)
Other forms of air pollution. No emission of fly ash, dust, fumes,
vapors, gases and other forms of air pollution shall be permitted
which can cause any damage to health, to animals, to vegetation or
to other forms of property or which can cause any excessive soiling.
All applicable federal, state and county regulations shall apply.
[Amended 8-2-1990 by L.L. No. 13-1990]
A.
Mobile homes. Mobile homes shall be permitted only in mobile home
parks and shall conform to the following requirements:
(1)
Code requirements. Mobile home units shall meet the requirements
of American Standards Association Code Provision A-119.1, American
Standards for Installation in Mobile Homes of Electrical Heating and
Plumbing Systems or Mobile Home Manufacturers Association Mobile Home
Standards for Plumbing, Heating and Electrical Systems or any state-administered
code ensuring equal or better standards and shall have a visible official
certification of compliance with such code or codes.
(2)
Mobile home stands. The mobile home shall be placed upon a stand
consisting of appropriate material, properly placed, graded and compacted
so as to be durable and adequate for the maximum load anticipated
during all seasons.
(3)
Anchors. Anchors and tie-downs shall be placed at least at each corner
of the structure, and each shall be able to sustain a minimum tensile
strength of 2,800 pounds. Anchors shall be such as cast-in-place concrete
"dead men," eyelets embedded in concrete, screw augers, arrowhead
anchors or similar devices.
(4)
Skirting. Each mobile home shall be skirted around the bottom portion
with approved metal, fire-retardant treated wood or other durable
material, properly ventilated, within 60 days from the date of placement
of the unit.
B.
Mobile home parks. The following regulations and minimum requirements
shall apply:
(1)
Minimum size. Each mobile home park shall have a minimum area of
five acres containing clearly defined and marked mobile home lots
and stands, streets, service buildings and recreation areas.
(2)
Location and access. No mobile home park shall be located except
with direct access to a state or county highway and with appropriate
frontage thereon to permit proper design of access facilities.
(3)
Site conditions. The mobile home park site shall in all respects
be suitable for residential use. It shall not be subject to hazards,
insects, rodents, objectionable smoke, noxious odors, unusual noise,
soil subsidence or the probability of flooding or erosion. The soil,
groundwater level, drainage, rock formations and topography shall
not create hazards to property or to the health and safety of occupants.
(4)
Landscaping and screening.
(b)
Screening, where required, will be a solid fence six feet high,
maintained in good condition and free of all advertising.
(c)
Planted screenings in lieu of such fence shall consist of dense
plantings of evergreens not less than six feet in height.
(d)
Screening may be required, where appropriate, for objectionable
views such as laundry drying yards, refuse collection stations, accessory
uses and adjacent properties.
(e)
Landscaping will be required in appropriate size, quantity and
character to provide an attractive setting for the mobile homes and
accessory facilities, to provide adequate privacy and a pleasant setting,
to minimize glare and to afford shade.
(f)
Existing natural vegetation should be preserved to the maximum
extent possible where such is suitable for preservation.
(5)
Size of lots, yards and setbacks. One mobile home may be permitted
on a lot which shall meet the following minimum requirements:
(a)
Minimum lot area: 10,000 square feet.
[Amended 8-1-2017 by L.L.
No. 3-2017]
(b)
Minimum lot width: 100 feet.
[Amended 8-1-2017 by L.L.
No. 3-2017]
(c)
Minimum side yard: 10 feet.
(d)
Front yard depth from internal street: 20 feet.
(e)
Yard depth from public streets: 50 feet; and 30 feet from any
other mobile home park boundary.
(6)
Recreation areas and open spaces. Not less than 10% of the total
mobile home park area shall be devoted to recreational facilities,
generally provided in a central location or, in larger courts, decentralized.
Recreation areas shall include space for community buildings and community
use facilities, such as guest parking, adult recreation and child
play areas and swimming pools.
C.
Mobile home stands spacing. Mobile home stands shall be so located
so as to be separated from each other and from other buildings and
structures by at least 25 feet, provided that mobile homes placed
end-to-end may have a clearance of 20 feet.
D.
Walkways. Walkways not less than 30 inches wide shall be provided
from the mobile home space to the off-street parking space and from
mobile home park streets to service buildings.
E.
Patio pads. All mobile home stands shall be provided with a patio
pad constructed of concrete, to be a minimum of eight feet by 20 feet
and four inches in depth. Patio pads shall be located so as to provide
safe and easy access to and from the mobile home.
F.
Awnings. Awnings may be provided of any size, provided that they
are not placed closer than 10 feet to an adjacent mobile home lot.
G.
Additional structure on mobile home stand. No nonintegral structural
addition or other accessory building or structure in excess of 10
feet by 10 feet, or a total of 100 square feet, shall be permitted
on any mobile home lot.
H.
Streets.
(1)
Streets shall be provided on the site where necessary to furnish
principal trafficways for convenient access to the mobile home stands
and other important facilities on the property. Streets shall be privately
owned and maintained.
(2)
All streets shall be provided with a smooth, hard and dense surface
in accordance with Village specifications, which streets shall be
durable and well-drained under normal use and weather conditions.
Street surfaces shall be maintained free of holes and other hazards.
(3)
Street surface drainage and overland surface drainage adjacent to
streets shall be conveyed to stormwater drain systems or natural drainage
systems as approved by the Village consulting engineer.
(4)
Access streets. The entrance streets connecting the mobile home park
streets with a public street shall have a minimum pavement width of
32 feet and a minimum right-of-way width of 50 feet.
(5)
Internal streets. The width of all rights-of-way must be a minimum
of 50 feet, 24 feet of which must be pavement.
(6)
Culs-de-sac shall be provided in lieu of closed-end streets and shall
have a turnaround with an outside pavement diameter of at least 100
feet.
I.
Water supply. Public water supply connection shall be used exclusively
unless local authorities deem otherwise, and water mains and hydrants
shall be installed in accordance with Village specifications.
J.
Sewerage. Public sewer system connections shall be provided in all
mobile home parks for the conveying, disposing and treatment of sewage
from mobile homes, service buildings and other facilities.
K.
Garbage and refuse. Each mobile home space shall be provided with
at least two twenty-gallon metal or plastic garbage cans with tight-fitting
covers. The cans shall be kept in a sanitary condition at all times.
It shall be the responsibility of the court owner to ensure that garbage
and rubbish shall be collected and properly disposed of outside of
the mobile home park. Exterior property areas shall be maintained
free from organic and inorganic material that might become a health,
accident or fire hazard.
L.
Fuel supply and storage.
(1)
Liquefied petroleum gas storage containers having a capacity exceeding
125 gallons shall be stored in accordance with National Fire Prevention
Act standards.
(2)
Supports and standards for fuel storage tanks are to be of a noncombustible
material.
(3)
All fuel oil tanks shall be placed at the rear of the mobile home
and located not less than five feet from any exit.
M.
Electrical service.
(1)
Every mobile home park shall contain an electrical wiring system
consisting of wiring fixtures, equipment and appurtenances in accordance
with the National Electrical Code.
(2)
Each mobile home stand shall be supplied with not less than one-hundred-ampere
service.
(3)
Adequate lights shall be provided to illuminate streets, driveways
and walkways for the safe movement of vehicles and pedestrians at
night. A minimum lighting level of 0.3 footcandle shall be provided.
(4)
All electrical distribution lines shall be placed underground.
N.
Telephone service. When telephone service is provided to mobile home
spaces, the distribution service shall be placed underground.
O.
Fire protection and control.
(1)
Every mobile home park shall be equipped at all times with fire-extinguishing
equipment, in good working order, of such type, size and number so
located within the park as to satisfy applicable regulations of the
fire district within which the mobile home park is located.
(2)
No open fires shall be permitted at any place within the mobile home
park, with the exception of outdoor grills used for the preparation
of food.
(3)
Water mains and hydrants shall be required and installed in accordance
with Village specifications.
P.
Management and duties of licensees.
(1)
All park owners shall keep a register of the year, make, serial number
and size of all mobile homes in the park. Said register is to be maintained
in the office of the park. The names and addresses of the mobile home
owners shall also be on file on the park premises.
(2)
The person or person operating a mobile home park shall provide adequate
supervision to maintain the park and its facilities and equipment
in good repair and in sanitary condition at all times.
Q.
Posting of license and temporary permit. The certificate of occupancy
shall be conspicuously posted in the office of or on the premises
of the mobile home park at all times.[1]
[1]
Editor's Note: Original § 54-25.1 of the 1971 Code,
entitled "One-family dwelling on a lot of 5,000 square feet in a R-7.5
District," which immediately followed this section and was added 6-18-1984
by L.L. No. 2-1984 and amended 2-3-1986 by L.L. No. 1-1986, was repealed
10-6-1986 by L.L. No. 4-1986.
[Added 5-17-2021 by L.L. No. 3-2021]
A.
Purpose. The purpose of the C-1/C-2 Overlay District is to implement
recommendations of the Village's Comprehensive Plan by encouraging
business and residential development of a character desired by the
Village, amending the tables of use and bulk regulations to obtain
such character, beautifying the existing commercial corridor, and
improving its pedestrian access.
B.
Underlying and overlay zoning. The parcels located in the C-1/C-2
Overlay District shall retain their respective underlying zoning and
may be developed in accordance with said underlying zoning. In addition,
the provisions of this section shall also apply to the parcels in
the C-1/C-2 Overlay District.
C.
Bulk regulations. The following provisions apply to all permitted uses (whether based upon the underlying zoning or the overlay district), provided said uses comply with Subsection D.
(1)
The permitted lot coverage in the C-1/C-2 Overlay District may
be increased at the sole discretion of the Planning Board to not more
than 75%, provided that effective perimeter screening is proposed
and the Board determines that said increase conforms to sound planning
principles.
(2)
When a parcel is situated between two improved lots, each having
a principal building within 20 feet of the side lot lines of said
parcel, the front yard on the parcel may be reduced to a depth equal
to that of the greater front yard of the two adjoining lots provided,
however, that it may not be reduced to less than 20 feet.
D.
Design guidelines. Any use developed in accordance with this section,
shall be consistent, to the extent deemed necessary by the Planning
Board, with the Design Guidelines of the Village of Buchanan.
E.
Prevailing provisions. If the provisions of this section are found
to be inconsistent with any other provisions of this chapter, the
provisions of this section shall prevail.
F.
Notwithstanding anything to the contrary contained herein, in the C-1/C-2 Overlay District, the Board of Trustees shall be the approving agency for special permits and site development plans for uses listed in § 211-10, Schedule of Use Regulations, Column 3A, Uses by Special Permit of the Board of Trustees, in which case the same requirements and procedures set forth in this chapter for the Planning Board shall be applicable to the Board of Trustees. Any application to the Board of Trustees made pursuant to this section shall be referred to the Planning Board for its recommendation to the Board of Trustees prior to the public hearing. If the Planning Board fails to report within a period of 45 days from the date of receipt of such referral, the Board of Trustees may act without such report. If the Planning Board recommends against the proposed special permit and/or site development plan, the Board of Trustees shall not act contrary to such recommendation, except by the adoption of a resolution fully setting forth the reasons for such contrary action.
[Added 9-5-2023 by L.L. No. 7-2023]
