As used in this chapter, the following terms shall have the
meanings indicated:
In regards to a nonconforming use, the use or structure shall
be considered abandoned/discontinued under any of the following circumstances:
1) for a period of 12 or more consecutive months the discontinuance
of the use is made obvious by the posting of signs, boarding up of
windows, failure to pay taxes or assessments or other measures which
demonstrate the enterprise is going out of business or the use is
otherwise ending; or 2) the nonconforming use has been replaced by
a conforming use or changed to another use under permit from the Village;
or 3) the equipment and furnishings used in furtherance of the nonconforming
use have been removed from the premises for a period of 12 or more
consecutive months.
A way or means of approach to provide vehicular or pedestrian
entrance to a property.
A building or structure that is customarily subordinate and
accessory to a principal structure or use on the same site.
A dwelling unit which is incidental and subordinate to a
permitted principal use of a one-family dwelling unit, is located
on the same lot therewith, and, if it is located in an accessory building,
is incidental and subordinate to the permitted principal use of that
accessory building.
[Added 7-12-2022 by L.L. No. 4-2022]
Parking provided to comply with off-street parking requirements
and nonrequired parking that is provided exclusively to serve occupants
of and visitors to a particular use, rather than the public at-large.
A use that is customarily subordinate and accessory to a
principal structure or use on the same site.
An establishment consisting of, including or having the characteristics
of any or all of the following:
ADULT BOOKSTORE or VIDEO STOREAn establishment having a substantial or significant portion of its stock-in-trade in books, pamphlets, magazines, and other periodicals, sculptures, photographs, pictures, slides, videotapes, sound recordings or films that are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARETA public or private nightclub, bar, cabaret, restaurant or similar establishment, either with or without a liquor license, devoted to presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or genital areas, or that features topless dancers, go-go dancers, strippers or similar entertainers for observation by patrons, and excludes any minor by reason of age.
ADULT MOTELA motel which excludes any minor by reason of age and which makes available to its patrons in their rooms films, slide shows or videotapes depicting or relating to sexual activities or genital areas and which, if presented in a public movie theater, would exclude any minor by reason of age.
ADULT THEATERAn establishment used for presenting motion pictures, films, videos or live entertainment distinguished or characterized by an emphasis on matter depicting, describing or relating to sexual activities or genital areas, and which excludes any minor by reason of age.
PEEP SHOWA theater which presents material in the form of live shows, films or videotapes viewed from an enclosure for which a fee is charged and which excludes any minor by reason of age.
A special purpose fund established by the Village with the
specified goal of advancing fair and affordable housing in the Village
of Dobbs Ferry. The money on deposit in such fund may be appropriated
by the Board of Trustees to promote, facilitate or support the intent
and scope of the affordable housing program, all in keeping with the
primary goal of creating affordable housing in the Village of Dobbs
Ferry.
[Added 6-25-2019 by L.L.
No. 2-2019]
A document promulgated, adopted and amended from time to
time by the Board of Trustees that outlines specific processes and
procedures for promoting fair and affordable housing in connection
with the Village of Dobbs Ferry's affordable housing program.
[Added 6-25-2019 by L.L.
No. 2-2019]
A housing unit that affirmatively furthers fair housing,
is marketed in accordance with the Westchester County Fair and Affordable
Housing Affirmative Marketing Plan and that is affordable under either
of the two following categories:
A for-purchase housing unit that is affordable to a household
whose income does not exceed 80% of the area median income (AMI) for
Westchester County as defined annually by the United States Department
of Housing and Urban Development (HUD) and for which the annual housing
cost of said unit, including common charges, principal, interest,
taxes and insurance, does not exceed 33% of 80% of AMI, adjusted for
family size; or
A rental unit that is affordable to a household whose income
does not exceed 60% of AMI and for which the annual housing cost of
said unit, defined as rent plus tenant-paid utilities, does not exceed
30% of 60% of AMI, adjusted for family size.
[Amended 6-25-2019 by L.L. No. 2-2019]
A service roadway providing a secondary means of access to
abutting property and not intended for general circulation. An alley
is not to be considered a street.
 |
As applied to a building or structure, any change or rearrangement
in the structural parts of an existing building, as well as any change
in doors, windows, means of egress, or any enlargement or diminution
of a building or structure, whether horizontally or vertically; or
the moving of a building or structure from one location or position
to another.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The person or entity that is submitting an application for
development or the successor to the same with the legal right to do
so. An applicant must have written authorization to appear on behalf
of the owner of the property.
The board responsible for granting the final approval on
an application, when board approval is necessary, or otherwise the
Land Use Officer.
Any material remains of past human life or activities which
are of archaeological interest, and which are at least 100 years of
age. Such regulations containing such determination shall include,
but not be limited to: pottery, basketry, bottles, weapons, weapon
projectiles, tools, structures or portions of structures, pit houses,
rock paintings, rock carvings, intaglios, graves, human skeletal materials,
or any portion or piece of any of the foregoing items. Nonfossilized
and fossilized paleontological specimens, or any portion or piece
thereof, shall not be considered archaeological resources, unless
found in an archaeological context.
[Added 6-13-2017 by L.L.
No. 4-2017]
The Village Architectural and Historic Review Board created
by this chapter.
A residential facility providing extended care to its residents,
ranging from independent living units to hospital-styled rooms and
wards, with or without medical facilities on site.
A dwelling unit which is attached to one or more adjoining
dwellings and separated from them via a fire-rated separation such
as a party wall or floor structure.
The grade calculated as the midpoint between the high point
and the low point of grade along an exterior building wall. For the
determination of eave limits and ridge limits, as the midpoint between
the high point and the low point of grade along the exterior building
wall yielding the highest elevation. For the determination of the
base measuring point for creating the sky exposure plane, as the midpoint
between the grade at the base of a building and the grade at the point
on the lot line closest to the building. All calculations shall be
based on the preconstruction grades, unless otherwise directed by
the Architectural and Historic Review Board. The Architectural and
Historic Review Board may choose to use the post-construction grades
for determining these heights and limits.
A roof-like cover made of nylon, canvas or other such material
or fabric that projects from the wall of a building for the purpose
of shielding a doorway or window from the elements.
A portion of a building that is substantially below grade.
A basement shall be considered as a story above grade where the finished
surface of the floor above the basement is:
An operation within a private, owner-occupied dwelling that
provides overnight accommodations and a morning meal to guests, limited
to six guest rooms.
A mound of earth used to shield, screen and buffer undesirable
views or to direct the flow of surface water runoff.
The governing board of the Village.
An open space or landscaped area consisting of trees, shrubs,
berms, walls, solid fencing or a combination thereof, so installed
as to provide both a visual and an acoustical barrier between one
use or property and another use or property.
|
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
When such a structure is divided into separate, freestanding parts
by one or more unpierced walls extending from the ground up, each
part is deemed a separate building, except as regards minimum side
yard requirements in districts which allow attached dwellings or multifamily
dwellings.
The area of a lot covered by or permitted to be covered by
principal and accessory building(s) and structures on the ground level.
Percentage of building coverage is the area of principal and accessory
building(s) at the ground level divided by the lot area and expressed
as a percentage of the lot area.
The linear distance of a lot measured along the exterior
wall of a building, or along the front building setback line, if there
is no building that faces a public street abutting the parcel of land
on which the building is located.
Building height is measured as follows: The maximum height
of a structure in feet shall be measured perpendicularly from the
existing grade to an imaginary plane located the permitted number
of feet above and parallel to the existing grade. For peaked roofs,
height shall be measured to the midpoint of the roof. No portion of
a peaked roof below the midpoint shall extend above said imaginary
plane. For flat roofs, height shall be measured to the top of the
roof. No portion of a flat roof shall extend above the imaginary plane.
Parapets with a height of 36 inches or less are not included in determining
building height.
[Amended 8-22-2017 by L.L. No. 6-2017]
Exception:
In the downtown districts, building height is measured from
the midpoint of the building fronting on the public sidewalk on Broadway
(Route 9), Ashford Avenue, Cedar Street or Main Street, and not from
the grade plane, to the peak of a pitched roof or the top of a flat
roof
In the downtown districts, the first floor of a building which
provides at-grade direct access or egress onto the public sidewalk
shall be considered a story, whether or not it meets the standards
for being considered a basement.
The Building Inspector of the Village or his/her designee.
The horizontal distance between the vertical planes of the
furthermost walls of a building measured along or parallel to the
axis of its greatest dimension excluding roof projections such as
eaves, rakes and soffits.
A portion of a building located substantially underground
and having less than three feet of its floor-to-ceiling height above
the grade plane. A cellar is not counted as a story for the purpose
of height and setback regulations. (See "basement.")
An official form issued by the Architectural and Historic
Review Board stating that the proposed work on a designated historic
landmark, scenic landmark, or contributing structure within an historic
district is compatible with the historic character of the property
and thus in accordance with the provisions of this chapter and therefore:
(1) the proposed work may be completed as specified in the certificate;
and (2) the Building Department may issue any permits needed to do
the work specified in the certificate.
[Added 6-13-2017 by L.L.
No. 4-2017]
A certificate issued by the Village upon completion of construction,
alteration or change in occupancy or use of a building. Said certificate
shall acknowledge compliance with all the requirements of this chapter
and such adjustments thereto granted by the Zoning Board of Appeals.
The cutting of 10 or more trees with a diameter of six inches
or more at a height of 54 inches (diameter at breast height or DBH)
above the natural grade on a given lot within a twelve-month period.
The Village Clerk of the Village of Dobbs Ferry.
See § 300-54F. A subdivision or site plan approved pursuant to this chapter, in which the applicable zoning regulations are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks, and landscaping in order to preserve the natural and scenic qualities of open lands, to create a more compact development, or to meet additional goals of the Vision Plan.[1]
As set forth in § 300-19B(2)-(3), in harmony with
location, context, setting, and historic character.
[Added 6-13-2017 by L.L.
No. 4-2017]
See "Vision Plan."
A Village board that provides guidance to the Village on
various environmental issues.
Height and bulk limits on proposed buildings established
by the prevailing standards of the existing or proposed buildings
on lots within 200 feet of the subject parcel.
All lots contiguous to a subject property as well as all
buildings fronting on the same street as the subject property within
200 feet of the subject property.
[Added 6-14-2011 by L.L. No. 6-2011]
A special historic resource that contributes to the historic
fabric of the community, or to a particular neighborhood, or to a
more important structure. The relationship of this structure to other
landmarks/landmark districts may make its preservation important to
other structures or to a definable geographic area. Identification
of the value and contribution of such a structure to the surrounding
structures or area, as described above, would make it eligible for
inclusion in the Historic Resources Inventory. This resource has the
potential to be considered for inclusion in a Village historic district.
The scoring system in the individual property form is a nonbinding
guideline for determining whether a property is contributing or noncontributing.
See Appendix K: Historic District Application and Individual Property
Form.[2]
[Added 6-13-2017 by L.L.
No. 4-2017]
A firm that manufactures and/or assembles goods that are
intended for on-site sales to the general public for personal or household
consumption. The goods may also be sold at wholesale to other outlets
or firms, but on-site retail sales is a significant component of the
operation. The manufacturing component for such a firm is small in
scale. Size limitations may apply to such uses in commercial zones
to keep the uses in scale and character with surrounding land uses.
A specific geographic area designated by a state or local
agency, having exceptional or unique environmental characteristics.
There are two CEAs in the Village: the Juhring Estate and the area
west of Route 9 as designated by Westchester County.
All portions of a tree, excluding the trunk and roots; specifically
the branches, leaves, flowers and other foliage.
A street with a single common ingress and egress and with
a turnaround at the end.
A place providing care and instruction between the hours
of 7:00 a.m. and 7:00 p.m. for 10 or more children, operated in accordance
with the New York State Social Services Law.
A street with a single common ingress and egress and with
or without a turnaround at the end.
 |
The applicable board, commission or other entity of the Village
of Dobbs Ferry that is statutorily enabled to grant approval of a
particular application.
An uncovered platform structure raised above the ground.
A terrace is not a deck.
The number of dwelling units per unit area of land, usually
expressed as dwelling units per acre.
A dwelling that is housed in a building that does not contain
any other dwellings and is not attached to any other building.
A storage site (such as a small reservoir) that delays the
flow of water downstream.
A parcel or plot of land that is occupied by a principal
building or a permitted use.
Any human-made change to improved or unimproved property,
including, but not limited to, placement of manufactured housing,
buildings or other structures, construction, demolition, clearing,
mining, dredging, filling, grading, paving, excavating or drilling.
Development activity does not include transfer of ownership.
Diameter of a tree trunk at 54 inches above the average natural
grade at the base of the tree.
A district or a zone shall be any portion of the territory
of the Village within which certain uniform regulations and requirements
of various combinations thereof apply under the provisions of this
chapter.
A living accommodation located on the same lot that is operated
by a school for full-time students attending the school, adult staff
residents directly responsible for the overnight supervision of such
students, and members of the immediate families of such adult staff
residents.
The land required for the installation and/or maintenance
of stormwater sewers, culverts, bridges, drainage ditches or a watercourse
for preserving the channel and/or providing for the flow therein.
An area identified by the extension of a vertical line from
the outermost portion of the limb canopy of the tree to the ground.
A physical appurtenance which has ordering and pickup facilities,
is accessible by a designated driveway, is accessory to and part of
the structure of the primary facility to which it is attached, and
is designed or used to sell or serve food or merchandise or to provide
banking services to customers.
A means of access for vehicles to or from a property to a
street.
The following three requirements shall together constitute
due notice for the purposes of this chapter except where state or
federal law imposes a different requirement: 1) a certified, first-class
mailing by the applicant to all property owners within 200 feet of
the property line; 2) a sworn statement by the applicant affirming
that said notice was given; and 3) the posting of a sign provided
by the Land Use Officer in a conspicuous location on the subject property
stating that there is a pending application on the property and a
telephone number to call for further information. All notices shall
be mailed and posted at least seven days prior to the public hearing.
Any permanent building or portion thereof designed or used
exclusively as the residence for one or more persons.
A single residential unit providing complete independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation, in which all
habitable spaces are accessible to one another from the interior,
and meeting the requirements of the New York State Building Code for
residential use.
A grant by a landowner to another legal entity, including
a municipality, for the right to occupy or use designated land for
specific purposes, such as access, drainage, conservation, the location
of public improvements, or other specified purpose. An easement does
not constitute fee simple ownership of the land.
 |
The highest eave on a building measured from the base of
the facade with the highest average grade.
The vertical distance from the average grade along a wall
surface to the edge of the roof that overhangs or meets the wall of
the building.
Longest eave, unless otherwise determined by the Architectural
and Historic Review Board.
[Added 6-14-2011 by L.L. No. 6-2011]
The average eave height of existing buildings located within the context limit area of the property being considered by the Architectural and Historic Review Board. Only the eave measured above the facade with the highest average grade on an existing building shall be used for determining the average. The average shall be calculated by adding the dominant eave heights on all existing buildings together and then dividing the total by the number of buildings. The result is the prevailing eave height. Please refer to § 300-17C.
[Amended 6-14-2011 by L.L. No. 6-2011]
An area, site, parcel or lot containing one or more of the
following features: water resources, including intermittent or perennial
watercourses, ponds, lakes, reservoirs and retention basins, tidal
or freshwater wetlands, floodplains, aquifer recharge areas, erodible
soils, steep slopes and rock outcroppings and other areas as defined
by the New York State Department of Environmental Conservation. Each
such feature is designated an "environmentally sensitive feature."
To build, construct, reconstruct, attach, hang, alter, place,
affix, enlarge, move or relocate.
Soils classified as subject to severe erosion by the Natural
Resources Conservation Service of the United States Department of
Agriculture.
The topography of a property prior to excavation, filling
or regrading.
Either:
A head of household plus one or more persons related by blood,
marriage or adoption or other domestic bond and limited to the spouse,
domestic partner, parents or lineal descendants of the head of household
or of the head of household's spouse or domestic partner, living together
as a single, not-for-profit unit sharing housekeeping duties and cooking,
eating, living and recreational facilities; or
A maximum of five persons not sharing a relationship described
in A(1) above, but living together as a single housekeeping unit sharing
housekeeping duties and cooking, eating, living and recreational facilities.
All living situations meeting one of the above definitions of
"family" must still comply with the occupancy standards set forth
in the Property Maintenance Code of New York State of not less than
400 square feet per person.
In regard to fences, the distance measured from the finished
grade to the top of the fence. In the case of a fence located on a
wall or berm, the height of the fence shall include the height of
the wall or berm. Retaining walls shall not be included in the height
of the fence.
The final drawings of the layout of a subdivision prepared
in accordance with Village approval with the signature of the Chairman
of the Planning Board affixed thereto and filed with the Westchester
County Clerk.
The topography of a property after all required excavation,
filling or regrading has been completed and determined by the Land
Use Officer to be stable.
Any fabric or bunting containing distinctive colors, patterns
or symbols.
See "lot, flag."
Any flag of the United States, the State of New York, the
County of Westchester, the Village of Dobbs Ferry, or any other governmental
unit or recognized nonprofit organization.
Any flag that displays only a registered trademark, logo,
corporate name or any combination of the former three. No other wording
or display of any kind shall be considered a trademark flag.
A roof having a pitch in a horizontal to vertical ratio of
0.25 or less.
An area designated as within a floodplain on the Official
Village Map.
See "lot line, front."
The property boundary of a lot abutting a public street;
the front lot line. On lots with multiple street fronts, the frontage
shall include the length of the lot abutting all such streets.
A structure, either freestanding or partially attached to
a building, located on the same premises as a gasoline filling station,
affording protection from the elements to persons or property thereunder.
That part of the wall immediately under the end of a pitched
roof, cut into a triangular shape by the sloping sides of the roof.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. This reference
plane shall be established by the lowest point within the area between
the building and the lot line or, when the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
The gross floor area shall include all floor areas of all
buildings and structures on a single parcel, including but not limited
to habitable basement and habitable attic areas, but excluding garages,
open porches, crawl spaces, unenclosed decks, breezeways, imaginary/intermediate
floor levels below cathedral ceilings, and any uninhabitable areas.
An uninhabitable area shall be one which does not have direct walk-in
access or maximum floor-to-ceiling height of less than 7.5 feet. In
computing the gross floor area, the floor area of horizontal section
shall be that area enclosed by the outside faces of all exterior walls.
The gross floor area shall not include the floor areas devoted to
any accessory parking structures.
The lowest story of a building having its entire floor-to-ceiling
height above grade.
A nonprofit or for-profit boardinghome licensed by the New
York State Department of Social Services for the sheltered care of
persons with special needs, which, in addition to providing food and
shelter, may also provide some combination of personal care, social
or counseling services, and transportation.
Written statements, explanatory material, graphic renderings
and/or photographs that are advisory recommendations intended to provide
property owners and the public with specific examples of techniques
and materials that can be used to achieve adopted standards. A guideline
is an indication of Village policy or preferences, and compliance
is encouraged to further the Village's land use goals and policies.
The attic under a sloping roof, the floor of which is not
more than two feet below the wall plates, having a ceiling height
of seven feet six inches or more. If the total attic floor area having
a floor-to-ceiling height of seven feet six inches or more exceeds
50% the floor area of the story below, it shall be deemed a full story.
See "building height."
An area designated as an historic district by this chapter,
and which contains within definable geographic boundaries a significant
concentration, linkage or continuity of sites, buildings, structures,
or objects united historically or aesthetically by plan or physical
development. An historic district designated under this chapter shall
be considered an overlay zone, and the use regulations for any lot
or parcel in the overlay zone shall be the same as otherwise permitted
in the zoning district in which the lot or parcel is located. Furthermore,
the bulk requirements (coverage, lot size, yards, height) for any
lot or parcel in the overlay zone shall be the same as otherwise required
in the zoning district in which the lot or parcel is located.
[Added 6-13-2017 by L.L.
No. 4-2017]
The resource document adopted by the Board of Trustees and
appended to this Chapter as Appendix I[3] which contains the standards applicable to proposed modifications,
renovation, repair and expansion of structures within areas designated
as historic districts by this chapter.
[Added 5-9-2023 by L.L. No. 5-2023]
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
[Added 6-13-2017 by L.L.
No. 4-2017]
Any building, structure, object or site which has special
historical, cultural, or aesthetic value to the Village of Dobbs Ferry,
and/or is an important part of the Village's heritage. The scoring
system in the individual property form is a nonbinding guideline for
determining whether a property qualifies as an historic landmark.
See Appendix K: Historic District Application and Individual Property
Form.[4]
[Added 6-13-2017 by L.L.
No. 4-2017]
Any evaluated building, structure, object, or site that:
[Added 6-13-2017 by L.L.
No. 4-2017]
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
Is identified with persons or events significant in local, state,
or national history;
Embodies the distinguishing characteristics of a type, period
or method of construction or design style, or is a valuable example
of the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
Represents an established and familiar visual feature of the
community by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
Has yielded or may be likely to yield information important
in prehistory or history;
Is part of a collection of structures which together serve as
tangible evidence of a community's cultural heritage and historic
identity.
A quality of protected trees that may cause them to have
a special role in the historic character of the Village, lend an incomparable
or irreplaceable aesthetic benefit to the community or environment,
or may be listed as a rare or endangered plant species on federal,
state or other accredited plant registries.
Any use conducted entirely within a dwelling and/or its accessory
building and carried on by the inhabitants thereof and a limited number
of employees, which is clearly incidental to the use of the dwelling
as a place of residence and which typically involve visits to the
home by clients, customers or the public.
Any use conducted entirely within a dwelling and/or its accessory
building and carried on by the inhabitants thereof, which is clearly
incidental and accessory to the use of the dwelling as a place of
residence and which does not involve visits to the home from clients,
customers or the public.
A building or part thereof containing more than 10 rooms,
without individual cooking facilities, occupied or to be occupied
primarily by transients for sleeping purposes for compensation, and
where there may be a general kitchen, dining room and other public
rooms for the use of all guests.
The part of a lot that is covered by impervious surfaces,
expressed as a percentage of the gross lot area.
A surface that has been compacted or covered with a layer
of material so that it restricts infiltration of stormwater into the
ground, including but not limited to parking areas, parking decks,
driveways, streets, sidewalks, areas of concrete, asphalt, gravel
or other compacted aggregate, swimming pools, and areas covered by
the outdoor storage of goods or materials which do not absorb water.
[Amended 6-14-2011 by L.L. No. 6-2011]
A facility offering lodging accommodations with no more than
10 guest rooms. Meals may be served to customers currently staying
at the inn and their guests only.
See § 300-25.
Space logically and conveniently located for bulk pickups
and deliveries, scaled to delivery vehicles, and not considered as
part of the minimum required off-street surface parking.
The Local Waterfront Revitalization Plan, as adopted by the
Village Board of Trustees and amended from time to time.
A parcel of land separated from other parcels of land for
purposes of sale, lease or separate use. Such separation may be described
on a subdivision plat, indicated on a recorded map or deed, specified
by metes and bounds, or created as a result of a public street or
railroad right-of-way.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
An interior lot which fronts upon two parallel streets or
which fronts upon two streets which do not intersect at the boundaries
of the lot.
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The total square footage of a lot prior to any reductions
pursuant to this chapter.
The area of the lot after any reductions pursuant to this
chapter have been deducted. For the purposes of calculating lot area,
1/2 of the area of the lot with slopes measuring 25% or greater shall
not be included in the total lot area, and 1/4 of the area of the
lot with slopes measuring at least 15% but less than 25% shall not
be included in the net lot area.
The amount of building coverage, impervious surface coverage,
or a combination of the two, divided by the lot area, and expressed
as a percentage.
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The average measured distance of a line drawn from the street
line to the rear lot line at right angles to the front property line.
Where the front property line is an arc of a circle or irregular in
shape, the depth shall be the average distance between the front and
rear lines.
A lot where access from the lot to the public road is by
means of a private right-of-way or driveway. For the purposes of determining
required setbacks, the front setback shall be measured from the street
line and the rear setback shall be measured to the lot line opposite
the front. The setback to all other lot lines, including the lot line
forming the "flag" that is closest to the street, shall be the side
yard requirement.
 |
The length of the lot that abuts a public street.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a public street right-of-way.
For a through lot, the front public street line which is nearest
to the main entrance of the principal building.
For a corner lot, the front public street line as designated
in an application for a permit to erect or alter a building on such
lot or, if not so designated, the street line from which the principal
building sets back the greatest distance. The setback requirement
from the street not designated as the front shall be at the discretion
of the Planning Board, determined by the prevailing setback of the
other buildings facing that same street, and ranging between the minimum
required side yard setback and the minimum required front yard setback.
For a lot that does not adjoin any public street, the boundary
line of such lot which is designated as such in an application for
a permit to erect or alter a building on such lot or, if not so designated,
the lot line which is nearest and most nearly parallel to a public
street. In the case of a flag lot, the front line shall be that lot
line that is nearest and most nearly parallel to the street with the
required front setback measured from the street line.
The lot line which is opposite and most distant from the
front lot line or, in the case of a lot which is irregular in shape,
the lot boundary line which is most nearly parallel to and at the
greatest average distance from the front lot line.
Any lot boundary line which is not a front lot line or a
rear lot line.
The horizontal distance across a lot between side lot lines
measured at a distance from the front lot line equal to the minimum
required depth of the front yard.
A surety or cash deposit in a form acceptable to the Village
Attorney given to the Village in an amount determined by the Village
Engineer to be sufficient to guarantee dedicated improvements, work
that has either fully or partially been completed and/or provide funds
that may be necessary to implement protection measures to prevent
erosion and sedimentation or other adverse impacts that could otherwise
result from the construction process. In the event that it becomes
necessary to use all or a portion of the maintenance bond, the Village
may require that the fund be replenished to protect completion of
the work.
See "Vision Plan."
Reasonable efforts have been undertaken to comply with the
regulation or requirement. Whether an effort is practicable depends
on if the costs of compliance clearly outweigh the potential benefits
to the public or would unreasonably burden the proposed project, and
whether reasonable steps have been undertaken to minimize any potential
harm or adverse impacts resulting from the noncompliance.
The smallest permissible distance between two objects, measured
as a straight line. When one of the objects is a street line or lot
line, the distance shall always be measured perpendicularly to the
street line or lot line.
A building containing more than one of the uses listed in
Table A-1, A-2 or A-3.[5]
[Added 6-14-2011 by L.L. No. 6-2011]
A facility offering transient lodging accommodations to the
general public with more than 10% of its guest rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building, and which may also provide additional
services, such as restaurants, meeting rooms, entertainment and recreational
facilities.
A building containing three or more residential dwelling
units, other than an accessory dwelling unit.
[Added 6-14-2011 by L.L. No. 6-2011; amended 7-12-2022 by L.L. No. 4-2022]
Two or more multifamily dwelling buildings in one development
project.
[Added 6-14-2011 by L.L. No. 6-2011]
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the Secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 USC § 470 et seq., 36 CFR 60, 63, as may
be amended).
[Added 6-13-2017 by L.L.
No. 4-2017]
Any new one- or two-family dwelling or multifamily dwelling
of three stories or less built to achieve a minimum home energy rating
sufficient to comply with the standards for Energy Star®-labeled
homes in New York State created under the home energy rating system
established pursuant to the National Home Energy Rating Technical
Guidelines issued by the National Association of State Energy Officials,
and which meets the following two additional requirements:
Includes a total of 300 kilowatt hours per dwelling unit of
estimated annual savings from Energy Star®-labeled lighting and
appliances; and
Includes the capability to deliver automatically controlled
mechanical ventilation of at least 15 cubic feet per minute per dwelling
unit plus an additional 15 cubic feet per minute per bedroom.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use of land that lawfully existed prior to the enactment
of this chapter, and which is maintained after the effective date
of the chapter although it does not comply with use restrictions applicable
to the area in which it is situated.
A structure in a recognized or potential historic district
that does not make a significant contribution to that district. Although
preservation of this building is not essential, it is important to
recognize the relationship of its existence and/or changes in land
use to other buildings in the district. The scoring system in the
individual property form is a nonbinding guideline for determining
whether a property is contributing or noncontributing. See Appendix
K: Historic District Application and Individual Property Form.[6]
[Added 6-13-2017 by L.L.
No. 4-2017]
Any premises licensed by the State of New York to function
as a nursing home.
A space that is designated for the parking or temporary storage
of motor vehicles located outside of the right-of-way of a public
or private street.
The office of a recognized profession such as that of a dentist,
physician or other medical professional, lawyer, engineer, planner,
architect, building designer, interior decorator, interior designer,
accountant and other professions requiring a like amount of education
and training.
The map established by the Board of Trustees pursuant to
Village Law § 7-724 showing all the streets, highways and
parks theretofore laid out, adopted and established by, and any amendment
thereto adopted by, the Board of Trustees, or additions thereto resulting
from the approval of subdivision final plats by the Planning Board
or Board of Trustees and the recording thereof in the Westchester
County Clerk's office.
A space that is designated for the parking or temporary storage
of motor vehicles located within the right-of-way of a public or private
street and designated with signage, striping or parking meters, or
otherwise consisting of 20 feet of length along a curb or edge of
paving where parking is permitted.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants,
and their guests, of land adjoining or adjacent to such open space.
In the Village, there are three different categories of OS:
OS 1applies to dedicated parks and similar properties.
OS 2an overlay zone which covers all or a portion of any property identified on the Open Space Inventory but not already designated OS 1.
OS 3an area within a development project that has been designated as protected open space through a conservation easement, restrictive covenant, deed restriction or other legal means.
An inventory or index maintained by the Conservation Advisory
Board of all open spaces in public and private ownership within the
Village, including, but not limited to, natural landmarks, glacial
and other geomorphic or physiographic features, streams and their
floodplains, swamps, marshland and other wetlands, unique biotic communities,
scenic and other open areas of natural or ecological value.
The keeping in an unroofed area of any goods, junk, material,
merchandise or vehicles in the same place for more than 24 hours.
This shall not include the display of vehicles for sale in a new or
used car sales lot. Such activities may be the principal use of the
land or an accessory use to another principal use when authorized
by the standards of the zoning district.
Any individual, firm, partnership, copartnership, association,
corporation, syndicate, trust or any other legal entity having sufficient
proprietary interest in a parcel of land.
A circumscribed area of land identified by a unique Tax Map
identification number consisting of a section, map and lot number.
An off-street, ground-level area or deck-level area open
to the sky which is used for the storage of automobiles and other
motor vehicles.
A structure designed specifically for the storage of automobiles
and other motor vehicles.
A surety or cash deposit in a form acceptable to the Village
Attorney given to the Village for the purposes of guaranteeing the
completion or maintenance of improvements approved as part of an application.
The amount of the performance bond shall be based on the applicant's
cost projections for the work, subject to approval and modification
by the Land Use Officer.
A use of a building or land that conforms with the provisions
of this chapter.
The Village Planning Board established pursuant to this chapter, Article III, Planning Board.
A map or plan showing the division of any parcel of land
into two or more lots, blocks, sites or other subdivisions of land.
A monument sign base that rests directly on the ground, designed
as a support unit, architectural unit, or decorative design element.
An unheated roofed area, which may be screened, usually attached
to or part of and with direct access to a building, and when the ratio
of open to enclosed surface area, including windows, is less than
50%. Enclosed porches shall be considered as part of the principal
building and count in site coverage calculations.
An unheated roofed area, which may be screened, usually attached
to or part of and with direct access to a building, and when the ratio
of open to enclosed surface area, including wall and/or window areas
as enclosed, is 50% or more. Openings protected with screens are not
considered as enclosed.
The lesser of:
The average of the existing front yard setback of the properties
on either side of the subject property; or
The average of the existing front yard setback of each lot on
the block face on which the subject property is located; however,
in no case shall a property more than 500 feet from the subject property
or with a setback of more than 50 feet be included in the calculation.
|
|---|
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In this example, the minimum required front setback
in the underlying zoning district is 20 feet. However, because of
the variety in existing setbacks of buildings on the same block face,
new development on lot C may be located with a setback of only 15
feet, which is the average of the setbacks of the adjacent lots B
and D. Alternatively, the setback may be determined by the average
of all the properties on the block face, except that the setback for
property A would not be included in the calculation, as the setback
is more than 50 feet.
|
A building in which the principal use of the lot on which
it is located is conducted. In any residential district, any dwelling
shall be deemed to be a principal building on the lot on which it
is located.
|
The place of ingress and egress most frequently used by the
public.
The primary or predominant use of any lot, parcel, structure
or building.
See "lot line."
Any deciduous or evergreen perennial plant, usually having
one main stem or trunk and more or less definitely formed, whose trunk
has a diameter of eight inches or more (25 inches in circumference)
at a height of 54 inches (4Â 1/2 feet) measured from the average
natural grade at the base of the tree. Protected trees shall also
include any tree, regardless of size, that has been found by the Tree
Commission (TC) to have historic or unique value to the Village, as
defined above.
"Rare species" shall mean those species of plants that have
small populations within their ranges in the state; "endangered species"
shall mean those species of plants in danger of extinction throughout
all or a significant portion of their ranges within the state and
requiring remedial action to prevent such extinction of trees.
An objectively measurable diminution in the number, character
or extent of a use taking place on a property. For a diminution to
be considered a reduction for the purposes of this chapter, the use
must persist at a level below its previous level for a period of at
least 12 consecutive months.
The act or process of repairing, altering, and/or adding
on to a structure while preserving those portions or features of the
property which convey its historical, architectural and cultural values.
[Added 6-13-2017 by L.L.
No. 4-2017]
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement-in-kind or refurbishment
of materials on a building or structure.
[Added 6-13-2017 by L.L.
No. 4-2017]
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
[Added 6-13-2017 by L.L.
No. 4-2017]
Any relocation of existing property lines of a parcel or
of property lines shown on a plat or deed filed in the office of the
County Clerk.
The topmost edge or point of a pitched roof.
The average ridge height of existing buildings located within the context limit area of the property being considered by the Architectural and Historic Review Board. Only the highest ridge measured from the facade with the highest average grade on an existing building shall be used for determining the average. The average shall be calculated by adding such ridge heights on all existing buildings together and then dividing the total by the number of buildings. The result is the prevailing ridge height. Please refer to § 300-17C.
[Amended 6-14-2011 by L.L. No. 6-2011]
Structures that are not buildings but may include structures,
features or resources such as bridges, piers, parks, gateways, cemeteries,
sidewalks, clocks, and trees, which meet the criteria for an historic
landmark.
[Added 6-13-2017 by L.L.
No. 4-2017]
Of or relating to the conducting of a use for a period not
exceeding six months in any calendar year.
The least horizontal distance from any building to the nearest
street or highway right-of-way or to a lot line.
 |
At any story level, the minimum distance between the front
lot line or its vertical projection and the front walls of the building,
excluding roof projections such as eaves, rakes and soffits and trim
details and other ornamental projections.
At any story level, the minimum distance between the rear
lot line or its vertical projection and the rear walls of the building,
excluding roof projections such as eaves, rakes and soffits and trim
details and other ornamental projections.
At any story level, the minimum distance between the side
lot line or its vertical projection and the side walls of the building,
excluding roof projections such as eaves, rakes and soffits and trim
details and other ornamental projections.
Any material, structure or device, including awnings, composed
of letters, pictures or symbols designed or used for the purpose of
attracting, or which does attract, the attention of the public to
the subject matter thereof; and located out-of-doors, on the exterior
of a building, or inside the building within three feet of the window
or in a manner to be viewed primarily by passersby by any means, including
words, letters, figures, designs, symbols, fixtures, colors, illumination,
or projected images, but excluding the American flag or other governmental
flags, athletic scoreboards on school premises, or official announcements
and signs of government. Any striping, lighting, corporate color schemes
and other graphic design intended to serve as to attract attention
will be defined as a "sign." The following are definitions of specific
sign types:
ABANDONED SIGNAny sign which:
Is located on a building or property which becomes vacant and
remains unoccupied for a period of 60 days or more;
Pertains to a time, event or purpose that no longer applies;
Advertises or pertains to a business, activity, product or service
no longer conducted or offered on the premises; or
Pertains to a product or service other than the one offered
on such premises.
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot on which the sign is located.
ANIMATED SIGNAny sign manifesting kinetic or illusory motion caused by natural, mechanical, manual, electrical or other means.
AWNING SIGNAny projecting sign that is painted on, printed on or attached to a surface fabricated of nonrigid materials attached to a structural frame which is supported by the exterior wall of a building.
BILLBOARD SIGNRefer to definition of "off-premises sign."
FLASHING SIGNAny sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are not defined as "flashing signs."
FLAT SIGNAny sign that is painted on or attached to the exterior of a building with the face of the sign in the plane parallel to such wall, which does not project more than 12 inches from the wall.
FREESTANDING SIGNAny sign supported by structures or supports that is placed on, or anchored in, the ground and that is independent from any building or other structure, but excluding monument signs, including, but not limited to pole signs, pylon signs, A-frame and masonry wall-type signs.
ILLUMINATED SIGNAny sign, including but not limited to neon and neon window borders, in or upon which an artificial light source is used to illuminate the information and graphics of the sign. Illuminated signs include the following:
Self-illuminated, wherein the light source itself is shaped
and utilized to form the sign (e.g., neon or an array of individual
lamps).
Self-illuminated — internal, wherein a translucent or
opaque material that forms the sign is backlit by the light source
and the light source is enclosed from direct view.
Externally illuminated — direct, wherein the sign is illuminated
by a light source placed in a manner to cast light upon the sign.
Direct external illumination may be either enclosed or exposed.
Externally illuminated — indirect, wherein the sign is
illuminated by ambient light.
INSTITUTIONAL SIGNA sign that identifies or describes the services or functions of premises or facilities used, maintained, or owned by any not-for-profit educational institution, church, religious society, fraternal organization, public utility, hospital or any other similar organization.
MEMORIAL or TABLET SIGNThe permanent part of a building that denotes the name of the building, date of erection, historical significance, dedication or other similar information.
MONUMENT or GROUND SIGNAny detached sign on the same lot or parcel as the use it advertises which has its bottom portion attached to a base or plinth, integrated ground planter box, or structural frame.
NEON SIGNAn illuminated sign, typically constructed of a glass discharge tube that has been shaped to form letters or symbols, and which contains a gas or vapor (typically neon or mercury) that emits light when voltage is applied across electrodes at either end of the tube.
NONCONFORMING SIGNAny sign that is not in compliance with this chapter.
OFF-PREMISES SIGNAny sign which advertises an establishment, products, services or entertainment which are not present, sold or distributed on the premises where the sign is located.
POLE SIGNOne or more stationary poles or pylons supporting a freestanding sign, located on the same lot or parcel as the use it advertises.
POLITICAL SIGNA temporary sign announcing or supporting political candidates or issues in connection with any national, state or local election.
PORTABLE SIGNA sign that is not permanently affixed to a building or structure or the ground, and that may be readily moved or relocated, such as a "sandwich sign."
PROJECTING SIGNAny sign which is attached to the building wall or structure and which extends horizontally from the plane of such wall or structure more than 12 inches.
PYLON SIGNSee "pole."
REPRESENTATIONAL SIGNAny three-dimensional sign built to physically represent the object advertised.
ROOF SIGNAny sign mounted over or on the roof or parapet of a building.
TEMPORARY SIGNAny sign not permanently mounted and related to a single activity or event having a limited duration of 30 days or less, including but not limited to grand openings, special sales and going-out-of-business signs.
WALL SIGNAny painted sign, letter, word, model, device or representation that may be affixed to the front, side or rear wall of any building and in the same plane as the face of the wall and which does not project more than 12 inches from that wall.
WINDOW SIGNAny sign visible from a sidewalk, street or other public place, painted or affixed on glass or other window material, or located inside the building within three feet of a window, which is designed or intended to be visible from the exterior of the building.
Five or more trees of the same species clustered to form
the same dripline.
A development plan of one or more lots or parcels meeting
the requirements of this chapter.
A theoretical inclined plane, through which no part of a
building may penetrate in OF and MDR-1 residential zoning districts.
It rises over the zoning lot at an angle from or above the level base
plane set forth in district regulations. For purposes of context-based
height limits in this chapter, determined by projecting a forty-five-degree
angle from a height of 10 feet measured above a lot line with the
base point of the measurement established as the average grade between
the grade at the base of a building and the grade at the point on
the lot line closest to the building. The Architectural and Historic
Review Board may choose to disregard anomalies in the terrain to determine
the average grade and when considering compliance. The base points
for establishing the sky exposure plane shall be located in a plan
as the four points along the side lot lines determined by extending
the line of the front wall of the building and the line of the back
wall of the building to the side lot lines and as the one point along
the front lot line and the one point along the rear lot line determined
by extending a line through the midpoint of the building extended
to the front and rear lot lines. All sky exposure planes shall be
shown on the elevation drawings submitted to the Architectural and
Historic Review Board. See diagram below.
[Amended 6-14-2011 by L.L. No. 6-2011; 8-22-2017 by L.L. No. 6-2017]
 |
The deviation of a surface from the horizontal, measured
as the vertical distance (rise) divided by the horizontal distance
(run), and expressed in percent or degrees.
A use requiring a special use permit.
A tree 24 inches or greater in diameter at a height of 54
inches (4Â 1/2 feet) or a tree of notable size above the natural
grade, type and uniqueness.
"Standard" means a definite rule, principle or measure established
by authority and with which compliance is mandatory unless expressly
waived or varied according to this chapter.
When used in reference to the sign standards of § 300-50, the length along the front property line of any commercial or nonprofit establishment along a street within the Village.
A window common to commercial properties, generally consisting
of a large glass window facing the street or public area in a commercial
area.
The use of structural or nonstructural practices that are
designed to reduce stormwater runoff and mitigate its adverse impacts
on property, natural resources and the environment.
That portion of a building between the surface of any floor
and the surface of the floor above or, if there is no floor above
it, then the space between any floor and ceiling next above it. In
the downtown districts, the number of permitted stories shall be calculated
from the building frontage on the public right-of-way fronting on
Broadway (Route 9), Ashford Avenue, Cedar Street or Main Street. When
the grade creates multiple stories below Main Street in the DT Zone,
the Board of Trustees, in its sole discretion, may allow the permitted
stories below Main Street and three stories above Main Street. The
Board of Trustees has the sole discretion to limit the number of stories
below and above grade in the DT Zone.
[Amended 8-22-2017 by L.L. No. 6-2017]
The lowest story or the ground story of any building. In
the downtown districts, the first floor of a building which provides
at-grade direct access or egress onto the public sidewalk shall be
considered a story, regardless of whether or not it meets the standards
of being considered a basement.
[Amended 8-22-2017 by L.L. No. 6-2017]
See "half story."
Any public or private street, avenue, boulevard, road, parkway,
thoroughfare, court, viaduct, drive, lane or other way which is an
existing state, county or municipal roadway; or which is shown upon
a plat heretofore approved pursuant to law; or which is approved by
official action as provided by statute; or which is shown on a plat
duly filed and recorded in the office of the County Recording Officer
prior to the appointment of a Planning Board and the grant to such
Board of the power to review plats; and includes the land between
the street lines, whether improved or unimproved, and may comprise
pavement, shoulders, gutters, curbs, sidewalks, parking areas and
other areas within the street lines.
A street which is used primarily for fast or heavy traffic.
A street which carries traffic from minor streets to the
major system of arterial streets, including the principal entrance
streets of a residential development and streets for circulation within
such a development.
The length along the curb or, when a curb is not provided,
along the paved surface in the right-of-way of a street adjacent to
a parcel of property measured from the projection of the property
line most perpendicular to the street at one end of the parcel to
the projection of the property line most perpendicular to the street
at the other end of the parcel.
The curbline or edge of paving when a curb does not exist.
A street which is used primarily for access to abutting properties
and not for through traffic.
A street which is owned by a private entity or is otherwise
not a public street as it is defined in this chapter.
A street which is owned, accepted by dedication or has been
maintained as a public street by the Village, the county or the state,
and which may be utilized by the general public at all times.
Anything that is developed with a fixed location on the ground
or attached to something having a fixed location on the ground. Structures
include but are not limited to walls, buildings, fences, signs and
swimming pools, but structures do not include terraces, walkways,
driveways or other paved surfaces.
Any change in the supporting members of a building or structure,
such as walls, columns, beams or girders, or mountings in the case
of a sign.
The division of any parcel of land into a number of lots,
blocks or sites as specified in a law, rule or regulation, with or
without streets or highways, for the purpose of sale, transfer of
ownership, or development. The term "subdivision" may include any
alteration of lot lines or dimensions of any lots or sites shown on
a plat previously approved and filed in the office of the County Clerk
or register of the county in which such plat is located.[7]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, wireless telephone towers, alternative tower structures, and
the like. The term shall include the structure and any support thereof.
Any woody plant having at least one well-defined trunk at
least six inches in diameter (19 inches in circumference) measured
at a height of 54 inches (4Â 1/2 feet) above the natural grade
and having a clearly defined crown.
The physical removal of a tree or causing the death of a
tree through damage, poison or other direct or indirect action.
A category of uses within a use group. Use categories are
based on common functional, product or physical characteristics, such
as the type and amount of activity, the type of customers or residents,
how goods or services are sold or delivered, and site conditions.
The broadest grouping of land uses in this chapter, based
on generally accepted industry groupings, similar descriptions of
planning goals or functions, similar allowed use categories, and similar
allowed density/intensity of use. A use group may be further subdivided
into use categories.
Permission to use property in a manner that does not comply
with the literal requirements of this Zoning Ordinance.
VARIANCE, AREAThe authorization by the Zoning Board of Appeals for a modification of the area and/or dimensional requirements in a zoning district. Permitted modifications of parking requirements shall be considered an area variance.
VARIANCE, USEThe 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 Zoning Ordinance.
A location within the Village identified on the View Preservation
Map as providing a view of value to the community.[8]
The Village of Dobbs Ferry.
The Village Engineer of the Village of Dobbs Ferry/Village
Consulting Engineer.
The Village Law of the State of New York.
A comprehensive plan adopted by the Board of Trustees pursuant
to § 7-722 of the Village Law, which indicates the general
locations recommended for the various functional classes of public
works, places and structures and the general physical development
of the Village and includes any unit or part of such plan separately
adopted and any amendment to such plan or parts thereof.[9]
Any swale, ditch, gully, stream, brook or river wherein water
flows ordinarily, frequently or infrequently, but not necessarily
continuously. This definition includes watercourses which have been
artificially treated, realigned or improved.
Any area which meets one or more of the following:
Lands and waters of the state that meet the definition provided
in § 24-0107, Subdivision 1, of the New York State Freshwater
Wetlands Act (see Article 24 and Title 23 of Article 71 of the Environmental
Conservation Law) and have an area of at least 12.4 acres or, if smaller,
have unusual local importance as determined by the Land Use Officer
pursuant to § 24-0301, Subdivision 1, of the Act. The approximate
boundaries of such lands and waters are indicated on the official
freshwater wetlands map promulgated by the Commissioner pursuant to
§ 24-0301, Subdivision 5, of the Act or such a map that
has been amended or adjusted pursuant to § 24-0301, Subdivision
6, of said Act.
Lands and waters of the state that meet the definition provided
in § 25-0103, Subdivision 1, of the New York State Tidal
Wetlands Act (see Article 25 of the Environmental Conservation Law).
The approximate boundaries of such lands and waters are indicated
on the official tidal wetlands inventory promulgated by the Commissioner
pursuant to § 25-0201 of the Act or such an inventory that
has been amended or adjusted pursuant to § 25-0201, Subdivision
6, of said Act.
All other areas that comprise hydric soils or are inundated
or saturated by surface water or groundwater at a frequency and duration
sufficient to support, and under normal circumstances do support,
a prevalence of hydrophytic vegetation as defined by the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands (1989).
The space within and extending the full width of the lot
from the front lot line to the part of the principal building which
is nearest to such front lot line, excluding roof projections such
as eaves, rakes and soffits and trim details and other ornamental
projections. The depth of the front yard shall be measured at right
angles to the front lot line.
The space within and extending the full width of the lot
from the rear lot line to the part of the principal building which
is nearest to such lot line, excluding roof projections such as eaves,
rakes and soffits and trim details and other ornamental projections.
The depth of the rear yard shall be measured at right angles to the
rear lot line.
The space within the lot extending the full distance from
the front yard to the rear yard and from the side lot line to the
part of the principal building which is nearest to such side lot line,
excluding roof projections such as eaves, rakes and soffits and trim
details and other ornamental projections. The depth of the side yard
shall be measured at right angles to the side lot line.
The Village Zoning Board of Appeals as established pursuant
to New York Village Law and the Dobbs Ferry Village Code.
The Zoning Map or Maps of the Village of Dobbs Ferry, New
York, together with any amendments thereto as may be subsequently
adopted.[10]
[1]
Editor's Note: The Dobbs Ferry Vision Plan is on file in the
Village office.
[2]
Editor's Note: Appendix K is included as an attachment to this chapter.
[3]
Editor's Note: Appendix I is included as an attachment to this chapter.
[4]
Editor's Note: Appendix K is included as an attachment to this chapter.
[5]
Editor's Note: Tables A-1, A-2 and A-3 are included at the
end of this chapter in Appendix A.
[6]
Editor's Note: Appendix K is included as an attachment to this chapter.
[7]
Editor’s Note: The former definition of "Technical Advisory
Committee," which immediately followed this definition, was repealed
8-22-2017 by L.L. No. 6-2017.
[8]
Editor's Note: See Appendix E, Viewing Platforms, at the end
of this chapter.
[9]
Editor's Note: The Dobbs Ferry Vision Plan is on file in the
Village office.
[10]
Editor's Note: The Zoning Map is included at the end of this chapter.
A.Â
General.
(1)Â
Use groups. This chapter classifies land uses into major groupings:
residential, civic and institutional, industrial and other. These
are referred to as "use groups."
(2)Â
Use categories and subcategories. Each use group is further divided
into more specific "use categories." Use categories classify land
uses and activities based on common functional or physical characteristics.
Characteristics include the type and amount of activity, the type
of customers or residents, how goods or services are sold or delivered,
and potential impacts on adjacent properties or areas. Subcategories
may be provided for some use categories and may be subject to differing
zoning district or use-specific standards.
(3)Â
Examples. Typical uses cited as examples of the use categories and
subcategories are not intended to be exclusive or restrictive.
B.Â
Residential use group. The residential use group includes uses that
provide ongoing living accommodations to one or more persons. The
residential use group includes the following use categories:
(1)Â
Group living uses. Residential occupancy of a dwelling by other than
a "family," typically providing communal kitchen/dining facilities.
(a)Â
Group home. A building occupied on a permanent basis by a group
of unrelated persons with disabilities in a family-like environment
and which may be occupied by paid professional support staff provided
by a sponsoring agency.
(b)Â
Retirement home, nursing home, or assisted living facility.
A building, whether operated for profit or not, which provides housing,
meals, health care assistance, and personal care to one or more adults
who are not relatives of the owner or proprietor.
(2)Â
Household living. Residential occupancy of a dwelling unit by a household
with tenancy arranged on a monthly or longer basis.
(a)Â
Cluster development. A subdivision or site plan approved pursuant
to this chapter, in which the applicable zoning regulations are modified
to provide an alternative permitted method for the layout, configuration
and design of lots, buildings and structures, roads, utility lines
and other infrastructure, parks and landscaping in order to preserve
the natural and scenic qualities of open lands, to create a more compact
development, or to meet additional goals of the Vision Plan.
(b)Â
Mixed-use residential. A building or group of buildings containing
one or more dwelling units located above or below the street level
of the building with nonresidential uses located on the street level.
(c)Â
Multifamily building. A residential building that contains four
or more dwelling units that share common walls or common floors/ceilings
with one or more dwelling units. The land upon which the building
sits is not divided into separate lots.
(d)Â
Multifamily housing complex. Two or more residential or multifamily
buildings on a single lot.
(e)Â
One-family dwelling. A building containing one dwelling unit
not physically attached to any other principal structure.
(f)Â
Townhouse. Two or more side-by-side attached dwelling units
sharing one or more common walls, with each dwelling unit located
on a separate lot.
(g)Â
Two- or three-family dwelling. A building containing two or
three individual dwelling units located on a single lot. The units
may be located side by side with a common wall or one above the other
with a common floor/ceiling.
C.Â
Commercial uses. The commercial use group includes uses that provide
a business or professional service or involve the selling, leasing
or renting of merchandise to the general public. The commercial use
group includes the following use categories:
(1)Â
Adult uses. An establishment which by law excludes minors by virtue
of the fact that a substantial portion of its business is sexually
explicit. Adult entertainment includes, but is not limited to, adult
arcades, adult bookstores, adult video stores, adult model studios,
adult motels, adult theaters, adult entertainment cabarets and peep
shows.
(2)Â
Animal-related uses. Commercial services related to the temporary
care, boarding or medical treatment of animals. Uses are divided into
two subgroups based on the intensity of the use, outdoor activity
on the site, and the potential for noise- and odor-related externalities.
(a)Â
General. General animal-related uses have no outdoor facilities
and provide services or treatment only for domestic animals such as
dogs, cats, fish, birds and small mammals. Overnight boarding is provided
only following medical treatments. Examples include pet sales and
grooming uses and veterinary clinics.
(b)Â
Intensive. Intensive animal-related uses provide outdoor facilities,
overnight boarding (other than medical-related), or services or treatments
for large animals. Examples include animal shelters, kennels, stables
and veterinary clinics for large animals.
(3)Â
Bar or tavern uses. An establishment which is licensed by the New
York State Liquor Authority, having as its principal or predominant
use the serving of beer, wine or liquor for consumption on the premises,
and which sets a minimum age requirement for entrance consistent with
state law.
(4)Â
Country club. A recreational facility typically restricted to members
and guests but also admitting paying customers and visitors for special
events. The facility typically includes a clubhouse, dining and banquet
facilities, and recreational facilities such as a golf course, tennis
courts and swimming pools.
(5)Â
Entertainment or recreation uses. Commercial facilities used primarily
for physical exercise, recreation, entertainment or culture. Uses
are divided into two subgroups based on indoor or outdoor operations.
(a)Â
Indoor. Indoor uses in this category may require larger indoor
areas to accommodate equipment or facilities for the proposed activity.
Examples include, but are not limited to, physical fitness centers,
health clubs, gyms, bowling alleys, indoor skating rinks, swimming
facilities, billiard halls, amusement arcades, indoor theaters, indoor
play parks, cabarets and dance halls.
(b)Â
Outdoor. Outdoor uses in this category are typically land-intensive
uses that provide continuous recreation or entertainment-oriented
activities. They may take place in a number of structures that are
arranged together in an outdoor setting. Examples include, but are
not limited to, commercial tennis and swimming facilities, drive-in
theaters, outdoor skating rinks, golf driving ranges, outdoor miniature
golf facilities, commercial amphitheaters, active sports facilities
such as ball fields.
(6)Â
Lodging uses.
(a)Â
Bed-and-breakfast. A residence used to provide lodging accommodations
and a morning meal to visitors for compensation, provided that the
owner lives on or adjacent to the premises and not more than six guest
rooms or suites are so used.
(b)Â
Hotel. A facility offering lodging accommodations with more
than 10 guest rooms or suites to the general public, which may also
provide additional services and facilities, such as restaurants and
meeting rooms. Motels and motor courts are not included in this definition
and are prohibited in all zoning districts.
(c)Â
Inn. A facility offering lodging accommodations with no more
than 10 guest rooms or suites to the general public, which may also
provide additional services and facilities, such as restaurants, meeting
rooms, entertainment and recreational facilities, provided that these
are a permitted use in the zoning district.
(7)Â
Office uses. Office uses are characterized by activities conducted
in an office setting and generally focusing on business, government,
professional, medical or financial services. Uses are divided into
two subgroups based on land use impacts.
(a)Â
General. Professional offices, such as lawyers, accountants,
engineers, architects and real estate agents; financial services,
such as mortgage lenders, brokerage houses, administrative and back
office banking facilities; data processing; government offices; public
utility offices; social service agency offices; television and radio
studios.
(b)Â
Medical and dental. A type of office use distinguished by a
higher than typical number of client or patient visits. Examples include
medical and dental clinics, chiropractic clinics, medical and dental
labs, blood-collection facilities, physical therapy clinics.
(8)Â
Parking uses, nonaccessory. Parking facilities that provide parking
that are not accessory to a specific use. A fee may or may not be
charged. A facility that provides both accessory parking for a specific
use and regular fee parking for people not connected to the use is
also classified as nonaccessory parking. Uses are divided into two
subgroups based on provision of parking in surface lots or in structures
(aboveground or below ground.)
(9)Â
Restaurant uses. An establishment where meals, including beverages,
are served to customers for consumption on the premises pursuant to
required licenses. These uses may vary with regard to traffic generation,
congestion and the potential for off-site impacts due to accessory
uses such as outdoor dining or drive-through facilities. Therefore,
the size, location and accessory uses permitted may be regulated differently
based on the underlying zoning district.
(10)Â
Retail sales and service uses. Establishments involved in the
sale, lease or rent of new or used products to the general public
and establishments involved in the sale of personal services, hospitality
services, or product repair services to the general public. Uses are
divided into the following subgroups:
(a)Â
Sales oriented. Stores selling, leasing or renting consumer,
home and business goods, including, but not limited to, antiques,
appliances, art, art supplies, bicycles, carpeting, clothing, delicatessens,
dry goods, electronic equipment, fabric, flowers, food for consumption
off site, furniture, garden supplies, gifts, groceries, hardware,
household products, jewelry, pets, pet food, pharmaceuticals, plants,
printed material, stationery, takeout food, videos. Also includes
retail establishments that have a cottage industry component, such
as bakeries, confectioneries, upholsterer, artist/artisans' studios,
and similar.
(b)Â
Personal service oriented. Establishments engaged in providing
retail services, including, but not limited to, banking establishments,
laundromats, catering services, dry cleaners, tailors, shoe repair,
photographic studios, photocopy services, quick-printing services,
blueprint services, beauty salons, tanning salons, therapeutic massage
establishments, taxidermists, mortuaries, funeral homes, and crematoriums.
This use type shall not include tattooing operations, which are prohibited
in the Village of Dobbs Ferry except when performed for medical purposes
by a person licensed to practice medicine or osteopathy.
(c)Â
Repair oriented. Repair of consumer goods, such as electronics,
bicycles, office equipment, appliances.
(d)Â
Outdoor storage and display oriented. Uses that typically include
large areas of outdoor storage or display, such as lumberyards, sales
of landscaping materials and nursery products, equipment rental businesses.
(11)Â
Studio for artists and craftspersons. The workshop for an artist
or craftsperson where goods are produced primarily on site but where
such goods are generally not offered for sale.
(12)Â
Vehicle-related uses. Sales of motor vehicles or services related
to motor vehicles. Uses are divided into two subgroups based on the
intensity of the use, vehicle types sold or serviced, amount of outdoor
service or storage, and the potential for noise- and odor-related
externalities.
(a)Â
General. General vehicle-related uses include limited service
of passenger vehicles and the sale of vehicle parts, with outdoor
storage limited to 25% of the lot size and all mechanical work performed
within an enclosed building. Examples include:
(b)Â
Intensive. Intensive vehicle-related uses allow for the sales
and service of motor vehicles, including heavy vehicles and equipment.
Outdoor storage areas for vehicles, parts or other supplies may exceed
25% of the lot size. Examples include:
D.Â
Civic and institutional uses. The civic and institutional use group
includes uses that provide public or quasi-public services. The public
and civic use group includes the following use categories:
(1)Â
Clubhouses, community centers, and places of worship. A use that
provides meeting space and facilities for private nonprofit associations
or religious institutions. Examples include private nonprofit meeting
halls, clubs, associations or nonresidential fraternal organizations,
such as the Masonic, Eagles, Moose and Elks Lodges, and the Lions
and American Legion Clubs; community centers for homeowners' associations
or neighborhoods; places of worship such as churches, temples, synagogues
and mosques. Such a use typically restricts access to the general
public and owns, leases or holds property in common for the benefit
of its members.
(2)Â
Day-care and nursery schools. A nonresidential facility that provides
less than twenty-four-hour-per-day care or supervision for children,
elderly or the infirm in a group environment for a fee. Services may
include, but are not limited to, nursing and rehabilitative services,
personal care, transportation services, and social or recreational
activities.
(3)Â
Educational uses. Public and private schools that provide state-mandated
primary and secondary generalized education, higher education, and
schools for specialized activities, such as dance, music, martial
arts, business, and technical skills. Uses are divided into the following
subgroups:
(a)Â
Private elementary or secondary. Private schools at the primary,
elementary, junior high, or high school level that provide state-mandated
basic education, including such schools owned or operated by a religious
entity, boarding schools, military academies.
(b)Â
Public elementary or secondary. Public schools at the primary,
elementary, junior high, or high school level that provide state-mandated
basic education.
(c)Â
Specialized schools. Schools primarily engaged in offering specialized
trade, business or commercial courses. Also, specialized non-degree-granting
schools, such as music schools, dramatic schools, dance studios, martial
arts studios, language schools and other short-term examination-preparatory
schools.
(d)Â
Higher learning. Colleges, universities and professional schools
granting academic degrees and requiring at least a high school diploma
or equivalent general academic training for admission; junior colleges
and technical institutes requiring at least a high school diploma
or equivalent general academic training for admission and granting
associate academic degrees, certificates or diplomas. These uses tend
to be in campus-like settings or on multiple blocks.
(4)Â
Hospitals. An institution specializing in giving clinical, temporary
and emergency services of a medical or surgical nature to human patients
and injured persons, that is licensed by state law to provide such
services. Hospitals may include inpatient medical or surgical care
for the sick or injured and related facilities such as laboratories,
outpatient departments, training facilities, central services facilities,
and staff offices that are an integral part of the facilities. Cafeterias,
restaurants, florists, gift shops, pharmacies, and other typical and
subordinate uses may be permitted, subject to the standards for accessory
uses.
(5)Â
Water-related recreation facilities. Public or private recreational
facilities in a waterfront zoning district, including daytime mooring
or docking facilities to accommodate visitors, nonmotorized watercraft
rental stores, and other similar uses.
E.Â
Industrial uses. The industrial use group includes uses that produce
goods from extracted materials or from recyclable or previously prepared
materials, including the design, storage and handling of these products
and the materials from which they are produced. It also includes uses
that store or distribute materials or goods in large quantities. The
industrial use group includes the following use categories:
(1)Â
Industrial service uses. Facilities used in the repair or servicing
of industrial, business or consumer machinery, equipment, products
or by-products. Industrial service firms that service or repair consumer
goods do so primarily by providing centralized services for separate
retail outlets rather than for individual customers. Few customers,
especially the general public, come to the site. Examples include:
building contractor facilities, yards and preassembly yards; welding
shops; machines shops; tool repair; electric motor repair; repair
of scientific or professional instruments; building, heating, plumbing
or electrical contractors; exterminators; janitorial and building
maintenance services; laundry, dry-cleaning, and carpet-cleaning plants;
schools for industrial trades.
(2)Â
Manufacturing and production uses. Facilities used in the mechanical
or chemical transformation of materials or substances into new products,
including the assembling of component parts, the creation of products,
and the blending of materials, such as lubricating oils, plastics,
resins or liquors. Uses are divided into two subgroups based on the
potential for noxious impacts, amount of outdoor storage and operations,
and the demand for heavy truck traffic.
(a)Â
General. Facilities for the transformation of predominantly
previously prepared materials into new products, including assembly
of component parts and the creation of products for sale to the wholesale
or retail markets or directly to consumers. Such uses are wholly confined
within an enclosed building, do not include processing of hazardous
gases and chemicals, and do not emit noxious noise, odor, vibration
or fumes. Examples may include, but are not limited to, production
or repair of small machines or electronic parts and equipment; the
manufacturing or repair of musical instruments; woodworking and cabinet
building; publishing and lithography; computer design and development;
research, development, testing facilities and laboratories; apparel
production; sign making; and manufacturing of jewelry, clothing, trimming
decorations, and any similar item.
(b)Â
Intensive. Facilities that involve the generation outside the
property of noise, odor, vibration or dust, or any use where the area
occupied by outdoor storage of goods and materials used in the assembly,
fabrication or processing exceeds 25% of the floor area of buildings
on the lot. Examples may include, but are not limited to, manufacture
or assembly of machinery, equipment, vehicles, appliances, communications
equipment, computer or electronic equipment, precision items and other
electrical items; the processing of food and related products; and
lumber, pulp and paper mills. Specifically prohibited are rendering,
petroleum refining, asphalt/concrete plants, and manufacture of chemicals,
fertilizers, paint and turpentine.
(3)Â
Warehouse and freight movement uses. Facilities involved in the storage
or movement of goods for themselves or other firms. Goods are generally
delivered to other firms or the final consumer, except for some will-call
pickups. There is little on-site sales activity with the customer
present. Examples include: separate warehouses used by retail stores
such as furniture and appliance stores; household moving and general
freight storage; cold storage plants, including frozen food lockers;
major wholesale distribution centers; truck and air freight terminals;
railroad switching yards; bus and railcar storage lots; taxi fleet
parking and dispatch; fleet parking; parcel services; major postal
facilities; grain terminals; and the stockpiling of sand, gravel and
other aggregate materials.
F.Â
Other uses.
(1)Â
Wireless telecommunication services facilities. Facilities for the
transmission of analog or digital voice or communications information
between or among points using electromagnetic signals via antennas,
microwave dishes, and similar structures. Supporting equipment includes
cabinets, towers, electrical equipment, and other accessory structures.
Uses are divided into two subgroups based on their visibility and
location relative to other structures:
(a)Â
Antennas (co-location on existing tower or building-mounted).
Any telecommunications facility located upon an existing freestanding
tower or attached to a building, including directional antennas (such
as panels, microwave dishes, satellite earth station antennas over
two meters in diameter) and omnidirectional antennas (such as whips).
This term does not include antennas two meters or less in diameter.
(b)Â
Freestanding towers. Any telecommunications structure that is
not connected to a building and that is designed and constructed primarily
for the purpose of supporting one or more antennas.
(2)Â
Landscaping and tree services.
G.Â
Accessory uses.
(1)Â
Accessory buildings. A building which is subordinate and accessory
to a principal building on the same lot and which is used for purposes
customarily incidental to those of the principal building. Examples
in a residential setting include private garages, toolhouses, children's
playhouses or noncommercial greenhouses.
(2)Â
Accessory dwelling unit. A secondary dwelling unit established in
conjunction with and clearly subordinate to a principal dwelling unit,
whether part of the same structure as the principal one- or two-family
dwelling or as a detached structure on the same lot. Accessory dwelling
units are not permitted in the Village.
(3)Â
Drive-through facilities. Any service window, automated device or
other facility that provides goods or services to individuals waiting
in a motor vehicle.
(4)Â
Garage, private. An accessory building for the private use of the
owner or occupant of a principal building located on the same lot
for the storage of motor vehicles with no facilities for mechanical
services or repair of a commercial or public nature.
(5)Â
Home businesses. An office in a dwelling used for the provision of
personal services in the following categories: physician, dentist,
architect, lawyer, engineer, certified public accountant, artists
and musicians.
(6)Â
Home occupation. Any use customarily conducted entirely within a
dwelling and carried on by the inhabitants thereof, with not more
than two nonresident assistants working at the same time, with no
retail sales of products produced off the premises, which use is clearly
incidental and secondary to the use of the dwelling for dwelling purposes,
does not change the character thereof, does not have any exterior
evidence of that secondary use other than a permitted nameplate, does
not involve the use of other than customary home appliances and equipment,
and does not involve the keeping of a stock-in-trade. The conducting
of a clinic, hospital, barbershop, beauty parlor, tea room, bed-and-breakfast,
animal hospital or raising of animals, or any similar use, shall not
be deemed to be a home occupation.
(7)Â
Outdoor dining. Food or beverage service areas outside of a fully
enclosed structure as an accessory use to a permitted restaurant or
bar or cocktail lounge use.
(8)Â
Outdoor storage (nonresidential). The storage, but not display for
sale, of goods and/or materials outside of a fully enclosed structure
associated with a nonresidential use.
