In interpreting and applying this chapter, the
requirements contained herein are declared to be the minimum requirements
for the protection of the public health, morals, safety, comfort,
convenience and general welfare. This chapter shall not be deemed
to interfere with, abrogate, annul or otherwise affect in any manner
whatsoever any easements, covenants or other agreements between parties;
provided, however, that where this chapter imposes a greater restriction
upon the use of buildings or land or upon the erection, construction,
establishment, moving, alteration or enlargement of buildings than
are imposed by other laws, rules, regulations, licenses, certificates
or other authorizations or by easements, covenants or agreements,
the provisions of this chapter shall prevail. Except as hereinafter
provided, the following general regulations shall apply:
A.
No building shall be erected, moved, altered, rebuilt
or enlarged nor shall any land or building be used, designed or arranged
to be used for any purpose or in any manner except in conformity with
this chapter for the district in which such building or land is located.
B.
Every building hereafter erected shall be located
on a lot, as herein defined. There shall be not more than one main
building and its accessory buildings on one lot, except for nonresidential
buildings and multifamily dwellings in districts where such uses are
permitted.
C.
No yard or other open space provided about any building
for the purpose of complying with the provisions of these regulations
shall be included as any part of the yard or open space for any other
building. No yard or any other open space on one lot shall be considered
as a yard or open space for a building on any other lot.
D.
Should a lot hereafter be formed from part of a lot
already occupied by a building, such separation shall be effected
in such manner as not to impair conformity with any of the requirements
of this chapter with respect to the existing building and all yards
and other required spaces in connection therewith, and no permit shall
be issued for the erection of a building on the new lot thus created
unless it complies with all the provisions of this chapter.
E.
New construction or substantial improvements of residential
structures within the area of special flood hazard shall have the
lowest floor, including the basement, elevated to or above the level
of the one-hundred-year flood.
F.
New construction or substantial improvements of nonresidential
structures within the area of special flood hazard shall have the
lowest floor, including the basement, elevated to or above the level
of the one-hundred-year flood or, together with attendant utility
and sanitary facilities, shall be floodproofed up to the level of
the one-hundred-year flood.
G.
In riverine situations, until a floodway has been
designated, no use, including landfill, may be permitted within the
floodplain area having special flood hazards unless the applicant
for the land use has demonstrated the proposed use, where combined
with all other existing and anticipated uses, will not increase the
water surface elevation of the one-hundred-year flood more than one
foot at any point.
[Added 2-13-2007 by L.L. No. 4-2007;
amended 9-10-2013 by L.L. No. 5-2013]
A.
Placement of a permanent standby backup generator in a commercial
district or for a commercial business or a multifamily use in a residential
district shall require site plan approval. Notwithstanding any provision
of this chapter to the contrary, site plan approval shall also be
required for the placement of a permanent standby backup generator
on common property within a planned unit development or conservation
subdivision.
[Amended 2-14-2023 by L.L. No. 1-2023]
B.
Placement of a permanent standby backup generator in a residential
district, including single- or two-family residential uses in a planned
unit development or conservation subdivision, must comply with the
following:
(1)
Any person seeking to install a permanent standby backup generator
must file an application with the Building Department prior to installation.
(2)
Generators and related fuel tanks must be placed in the rear
or side yard of any residential property.
(3)
To the extent practicable, generators shall be collocated with
other existing or proposed outdoor mechanical equipment, such as an
air conditioning unit, but in no event shall a generator be located
closer to the nearest point of the house of any adjacent neighbor(s)
than the house serviced by the generator.
(4)
Generators shall be placed as close to the house as possible
as per parameters of manufacturer's recommendations.
(5)
All permanently installed standby backup generators, and fuel
source containers, shall be placed and adequately screened and maintained
(with landscape or other appropriate material as approved by the Building
Department) so as to minimize the visual impact on adjacent properties
and the public right-of-way. Appropriate native landscape material
shall include a mix of needle and broadleaf evergreen shrubs or a
mix of evergreen and deciduous shrubs that will grow to a sufficient
height and width to obscure views of the generator. Generators which
are adequately screened by landscape material to obscure views from
adjacent properties and the public right-of-way shall not be subject
to review by the Board of Architectural Review. Any non-natural screening
not exceeding four feet in height shall be approved by the Building
Department but not be subject to the permitting requirements in any
ordinance of the Village.
(6)
The generator shall be used only during electrical power outages
and as required by the manufacturer for maintenance purposes. Exercise
of the generator shall only take place during daylight hours between
10:00 a.m. and 5:00 p.m., not to exceed once a week for a maximum
of 30 minutes, excluding emergency repairs.
(7)
The generator shall operate only on liquid propane or natural
gas. (Other fuel sources are not permitted.)
(8)
Generator sound levels shall not exceed 75 dBA as measured under
full load at 23 feet (seven meters) per manufacturer's specifications.
(9)
Applicants for a standby backup generator shall obtain all permits
as required under federal, state and local laws, including the New
York State Uniform Fire Prevention and Building Code and the Village
of Rye Brook Code.
(10)
All generators, fuel tanks and related equipment, including
automatic transfer switches, shall be installed and maintained in
compliance with all federal, state and local laws, including the New
York State Uniform Fire Prevention and Building Code and Village of
Rye Brook Zoning Code, as amended from time to time.
C.
Any person who has obtained a permit for the installation of a standby
backup generator prior to the effective date of this section shall
be exempt from complying with the siting provisions of this section.
Generators which previously had a permit may be replaced in the same
exact location, provided that it is in compliance with all other provisions
of this section.
D.
A permit shall be required for the installation of a permanent standby
backup generator. Application for the permit shall be made to the
Village Building Inspector, or his or her designee, on a form provided
by the Village, and subject to applicable fees which can be found
in the Schedule of Fees on file in the Village Clerk's office. All
application materials shall be submitted in electronic file format
acceptable to the Building Department in addition to at least one
original signed application form and three paper copies of all plans
and surveys, or such other format or amount as determined by the Building
Department. The Building Department may waive the electronic submission
requirement only in extraordinary cases of technical infeasibility.
[Added 10-28-2014 by L.L. No. 9-2014]
A.
The Schedule of Regulations appended hereto,[1] which defines the uses of land and buildings, the height
of buildings, the yards and other open spaces to be provided contiguous
to or in connection with buildings, the area of lots, off-street parking
space, loading space and all other matters contained herein, as indicated
for the various districts by this chapter, is hereby adopted and declared
to be part of this chapter and may be amended in the same manner as
any other part of this chapter.
[1]
Editor's Note: See Art. VIII, Schedule of
Regulations.
B.
The regulations listed for each district, as designated, reading from left to right across the schedule, are subject to the provisions of § 250-6 and § 250-7 of this article, and unless otherwise indicated, shall be deemed to be the minimum requirements in every instance of their application. The listing of any use in said schedule, either as being permitted in or being excluded from any particular district, shall be deemed to be an exclusion from any more restricted district unless such use is permitted in such more restricted district under the language set forth in the schedule applying thereto.
The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following general supplementary regulations:
A.
Lots.
(1)
Lots in two districts. Where a district boundary divides
a lot in one ownership of record at the time when such line is adopted,
regulations for the less restricted portion of such lot may extend
not more than 30 feet into the more restricted portion, provided that
the lot has frontage on a street in the less restricted district.
(2)
Merging of substandard lots.
[Amended 8-8-1995 by L.L. No. 3-1995]
(a)
Where a building permit is sought for any structure
on a lot which does not meet the minimum area, yard, setback, horizontal
circle or other requirements of this chapter, and where the owner
of the lot on which the proposed structure is to be located also owns
other lots contiguous thereto, the owner of said lot shall combine
such adjacent lots, or as much thereof as may be necessary, with the
original lot to make a single conforming lot and shall effectuate
said merger pursuant to the provisions of the following subsection.
(b)
Any owner of such lots effectuating such a merger or mergers shall be subject to the same procedures, rules and regulations applicable to a subdivision, except that where the Planning Board determines that a proposed lot merger, if approved, would be consistent with the general requirements for subdivision design as set forth in Chapter 219 of the Village Code, is not significant in terms of its potential development impact and will not otherwise hinder or preclude the proper future use of the subject property and surrounding sites, the Planning Board may, by resolution, waive jurisdiction. Such waiver shall be subject to the submission of a final subdivision plat as specified in § 219-21 of the Village Code, in proper form suitable for filing, the payment of a preliminary application fee, the endorsement of waiver by the Mayor, filing of the plat in the office of the Westchester County Clerk and such other conditions as the Village Board may determine to be necessary or appropriate.
[Amended 3-22-2005 by L.L. No. 5-2005]
(3)
Required street frontage and lot width.
[Amended 3-24-1998 by L.L. No. 2-1998]
(a)
No building permit shall be issued for any structure unless the lot upon which the structure is to be built fronts on a street as defined in § 250-2 of the Code of the Village of Rye Brook, which street or highway shall have been suitably improved to the satisfaction of the Village Board or the Planning Board, where applicable, as provided by said law.
[Amended 3-22-2005 by L.L. No. 5-2005]
(b)
No part of any lot which lies between the front
lot line and the principal building shall be narrower in width than
the required street frontage for the zoning district in which the
lot is located.
(c)
The Village Board or the Planning Board, where
applicable, may reduce the required frontage for the zoning district
in which the lot is located to not less than 2/3 where such lot fronts
on a turnaround or elsewhere when determined in the public interest.
[Amended 3-22-2005 by L.L. No. 5-2005]
(4)
Parts of a lot not counted toward area requirements.
[Added 1-9-1995 by L.L. No. 1-1995]
(a)
In calculating minimum required lot area, not
more than 10% of the minimum lot area for the district in which the
lot is located shall be applied to the minimum lot area requirement
where that portion of the lot cannot maintain entirely within the
confines of its lot lines a circle that maintains a diameter equal
to 1/2 the minimum horizontal circle diameter identified in the Schedule
of Regulations[1] for the zoning district in which the lot is located. For
the purposes of determining the area to be excluded, a circle with
a diameter 1/2 the minimum horizontal circle diameter as described
above shall be placed within the lot such that the lot lines shall
form tangents at two or more points on the circle, and the shortest
possible circle tangent connecting the lot lines shall then be shown
on the plan. The area of the lot located on the side of the tangent
opposite the horizontal circle may be applied towards meeting the
minimum lot area requirement for the district in which the lot is
located, provided that in no case shall more than 10% of the minimum
lot area requirement be met through the use of such area.
B.
Yards and setbacks.
(1)
Yards.
(a)
Patio/Terraces. A paved patio or terrace shall
be included in the determination of maximum impervious surface coverage.
Such patio or terrace may have an open railing not over 38 inches
in height and shall not project into any yard to a point closer than
six feet to any property line.
[Amended 12-14-2004 by L.L. No. 23-2004]
(b)
Porches. No porch may project into any required
yard. All porches shall conform to the setback requirements of the
main dwelling and shall be included in the calculation of lot area
coverage but not in the gross floor area of the building.
[Amended 12-14-2004 by L.L. No. 23-2004]
(c)
Enclosed porches. All enclosed porches shall
conform to the setback requirements of the main dwelling and shall
be included in the calculation of lot area coverage and gross floor
area of the building. No enclosed porch may project into any required
yard.
[Amended 12-14-2004 by L.L. No. 23-2004]
(d)
Projecting architectural features. The space
in any required yard shall be open and unobstructed except for the
ordinary projection of the windowsills, belt courses, cornices, eaves
and other architectural features; provided, however, that such features
shall not project more than two feet into any required yard.
(e)
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet;
provided, however, that the sum of any such projections on any wall
do not exceed 1/4 the length of any said wall.
(f)
Fire escapes. Open fire escapes may extend into
any required yard not more than six feet; provided, however, that
such fire escape shall not be closer than four feet at any point to
any lot line.
(g)
Fences, landscape walls and retaining walls
in residential areas.
[Amended 3-8-1994 by L.L. No. 4-1994;
added 12-14-2004 by L.L. No. 23-2004]
[1]
Prohibition.
[a]
No person, firm, corporation or
entity shall construct or replace a fence, landscape wall or retaining
wall or repair a retaining wall in any residential zoning district,
except in compliance with the provisions of this section.
[b]
Fences or landscape walls constructed
prior to the date of this provision, in accordance with the provisions
of law then in effect, are not subject to the requirements of this
section, except that all existing fences and landscape walls must
be maintained in a condition of reasonable repair and must not become
or remain in a condition of disrepair or danger, or constitute a nuisance,
public or private. If more than 50% of an existing fence or landscape
wall is to be repaired or replaced, the entire fence shall be removed
and replaced so as to conform with the requirements set forth herein
as well as those set forth in the New York State Building Code.
[c]
Retaining walls constructed prior
to the date of this provision, in accordance with the laws then in
effect, are not subject to the requirements of this section, except
that, to the extent any repairs are necessary to an existing retaining
wall, such repairs shall conform to the requirements set forth herein
as well as those set forth in the New York State Building Code. If
more than 50% of an existing retaining wall is to be repaired or replaced,
the entire retaining wall shall be replaced so as to conform with
the requirements set forth herein as well as those set forth in the
New York State Building Code.
[2]
Permit required.
[a]
Any application for the construction,
replacement or repair of more than 50% of a landscape wall, fence
or for any repair to a retaining wall shall be made to the Building
Inspector by an owner of the property or the owner's agent.
[b]
All application materials shall be submitted in
electronic file format acceptable to the Building Department in addition
to at least one signed original application form and eight paper copies
of all plans and surveys, or such other format or amount as determined
by the Building Department. The Building Department may waive the
electronic submission requirement only in extraordinary cases of technical
infeasibility. Application materials shall include a current survey
and a site plan showing the entire property dimensions, size and position
of the fence, landscape wall or retaining wall, sizes and positions
of all buildings and structures on the property and their distances
from all the property lines and each other. Such site plan shall also
show the placement of the fence, landscape wall or retaining wall
in relation to the property lines and shall include topographic data
at a minimum contour interval of two feet, showing existing and proposed
contours.
[Amended 10-28-2014 by L.L. No. 9-2014]
[3]
General requirements.
[a]
No fence, landscape wall or retaining
wall shall exceed four feet in height in any front yard or six feet
in height in any rear or side yard.
[b]
Any fence, landscape wall or retaining
wall or portion thereof shall have its finished or good side face
the exterior of the property as defined by the property line.
[c]
No fence, landscape wall or retaining
wall designed to inflict injury (including but not limited to barbed
wire or razor ribbon fences) shall be erected in a residential district
or anywhere on a lot adjacent to a residential district.
[d]
No fence, landscape wall or retaining
wall, or portion of any fence or retaining wall, that is designed
to produce an electric shock shall be permitted, except for invisible
fences which are buried underground and designed to emit a radio transmission
for the purpose of keeping pets that are wearing a special radio receiver
collar within a confined area.
[4]
Waiver. Upon a finding by the Building Inspector
that, due to the particular character or limited nature of the permit
sought, or that due to special conditions peculiar to a site, the
submission of a site plan, or certain portions of information normally
required as part of the permit application for a fence, landscape
wall or retaining wall, is inappropriate or unnecessary or that strict
compliance with said submission requirements will cause extraordinary
and unnecessary hardship, the Building Inspector may waive such submission
requirements wherever the Building Inspector finds that such waiver
will be consistent with the goal of promoting the public health, safety
and general welfare of the community.
(h)
Accessory buildings. Accessory buildings shall
comply with all yard setback requirements, except that a detached
accessory building which does not exceed one story nor 15 feet in
height may be located in a side or rear yard, provided that no part
shall be nearer than five feet to a property line, and further provided
that front yard and corner lot side yard setbacks are observed. If
any accessory building is attached to a main building, including by
means of a breezeway or a roofed passageway with open or latticed
sides, it shall comply in all respects to the requirements of this
chapter applicable to the main building. Detached accessory buildings
shall be at least 12 feet from the main buildings.
(i)
Exception for existing alignment of buildings.
If on one side of a street within a given block and within 150 feet
of any lot there is pronounced uniformity of alignment of the fronts
of existing buildings and of the depths of front yards greater or
less than the depths specified in the Schedule of Regulations,[4] a front yard shall be required in connection with any
new building which shall conform as nearly as practicable with those
existing on the adjacent lots, except that no such building shall
be required to set back from the street a distance greater than 50
feet.
[4]
Editor's Note: See Art. VIII, Schedule of
Regulations.
(2)
Visibility at intersections. On a corner lot in any
residence district, no fence, wall, hedge or other structure or planting
more than three feet in height shall be erected, placed or maintained
within the triangular area formed by the intersecting street lines
and a straight line joining said street lines at points which are
30 feet distant from the point of intersection, measured along said
street line. The height of three feet shall be measured above the
curb level.
(3)
Usable open space. Included in every lot hereafter
developed in whole or in part for residence, there shall be provided
at least the area of open space specified in the Schedule of Regulations[5] for each dwelling unit, which space shall be available
and usable for outdoor recreation use and for household activities
which are normally carried on outdoors. No such area shall have a
dimension smaller than 20 feet.
[5]
Editor's Note: See Art. VIII, Schedule of
Regulations.
C.
Heights.
(1)
Height exceptions.
(a)
The height limitations of this chapter shall
not apply to church spires, belfries, cupolas and domes not used for
human occupancy nor to chimneys, ventilators, skylights, water tanks,
bulkheads or similar features and necessary mechanical appurtenances
usually carried above the roof level. Such features, however, shall
be erected only to such height as is necessary to accomplish the purpose
they are intended to serve, and the total area covered by such features
shall not exceed 25% of the roof area.
(b)
The provisions of this chapter shall not prevent
the erection above the building height limit of a parapet wall or
cornice, for ornament, and without windows extending above such height
limit not more than five feet.
(2)
Awnings. No awning projected beyond the property line
of any lot into the sidewalk portion of a public street shall be erected
or maintained on any building or structure unless such awning is at
all points at least eight feet above the level of said sidewalk, nor
may any such awning project beyond said property line a distance greater
than six feet. Any such awning shall be firmly affixed to the building.
D.
Minimum house size. No building in any R-35, R-25, R-20, R-15, R-12,
R-10, R-7, R-5, OB-1 or OB-2 District used for a one-family residence
and erected or created by alteration subsequent to the adoption of
this chapter shall have a floor area of less than that required by
the Schedule of Regulations.[6] Such floor area shall include all floor area used for
human occupancy within the exterior wall of the building as defined
in the Building Code of the Village,[7] but shall not include open porches or breezeways, basements
or uninhabitable or unfinished attic space.
[Amended 9-26-2006 by L.L. No. 15-2006; 1-9-2018 by L.L. No. 1-2018]
E.
Uses.
(1)
Accessory uses. Nothing in this chapter shall be deemed to prohibit the following accessory and incidental uses in addition to those provided in the Schedule of Regulations and any notes appended thereto, constituting § 250-5 of this article.[8]
(a)
Customary recreation, refreshment or service
uses and buildings in any public park, reservation, playground or
other public recreational area, incidental to the recreational use
of such area.
(b)
The excavating of natural materials to permit
the constructing of a building on the lot.
[8]
Editor's Note: See also Art. VIII, Schedule
of Regulations.
(2)
Excavations. Clay, sand, gravel or other natural mineral deposits may be excavated for use on the premises in any district in connection with any use permitted in the district. Clay, sand or gravel may be excavated for commercial purposes only if permitted by a temporary special permit obtained from the Village Board as provided in § 250-9 of Article V, and in any case such permission shall be subject to compliance with the following regulations:
(a)
The final slope of material in any excavation
or pit shall not exceed the normal limiting angle of repose of such
material.
(b)
Both the base and the top of such slope shall
not be nearer than 50 feet to any street line or property line.
(c)
A specific plan of the approved excavation shall
be prepared and filed with the Village Board.
(3)
Deposit of waste materials. No garbage, rubbish, refuse
or other waste material, except soil, gravel, rock or other natural
material, deposited for the purpose of grading or landscaping the
land on which it is deposited shall be dumped or deposited in any
district within a distance of 100 feet from any highway, water body,
stream or property line nor elsewhere, except after obtaining a permit
therefor from the Building Inspector, subject to such regulations
as the Village Board may prescribe and further subject to any applicable
regulations of the Westchester County Department of Health and the
requirement that such dumping or deposit:
(4)
Business entrances on residential streets. Where a
residence district is bounded by a portion of a business district,
then any side street extending through such residence district into
such business district shall not be used for any business purpose
except as herein set forth. The business structure erected in such
business district shall face and open upon the street set aside for
business purposes except that show windows in such business structures
may be built and exposed on said side street within the area set aside
as part of said business district and an entrance may be made at the
corner of such business and residential street. All other entrances
thereto, except to residential parts of a structure, must face on
the business street, except that any second means of egress required
by applicable law and access to and from off-street parking facilities
shall be permitted.
(5)
Prohibited uses. The following shall be prohibited
from all districts:
(a)
Gas compressor station.
(b)
Operation of a junkyard.
(c)
House trailers, except that one trailer may
be parked or stored in an enclosed garage or accessory building, provided
that no living quarters shall be maintained nor any business conducted
in connection therewith while said trailer is stored.
(d)
Any building in the rear of a main building
on the same lot and use for residence purposes, except for domestic
employees of the owners or tenants of the main building, which employees
may lawfully occupy such a building, provided that it shall not be
over two stories or 30 feet in height, shall conform to all open space
requirements and shall not be within 30 feet of any main building
on the lot.
F.
Nonconforming structures, uses and lots.
[Amended 11-25-1986 by L.L. No. 2-1986; 10-12-1993 by L.L. No. 4-1993; 8-9-2005 by L.L. No. 15-2005; 12-13-2005 by L.L. No.
21-2005]
(1)
Unlawful structures and uses prohibited. No structure
or use that was unlawful when created shall be deemed a nonconforming
structure or use.
(2)
Continuation of existing nonconforming uses, structures and lots. Except as otherwise provided in this Subsection F, nonconforming structures, uses and lots may be continued despite their respective nonconformities with the regulations then in effect for the district in which such land or use, structure or lot is situated. Said uses, structures and lots shall continue to be deemed nonconforming uses, nonconforming structures and nonconforming lots.
(3)
For the purposes of this chapter, any nonconforming
structure or lot for which variance relief has been granted shall
be deemed conforming to the extent provided in the variance relief
obtained.
(4)
For the purposes of this chapter, the issuance of
a certificate of occupancy shall be presumptive evidence that any
structure, use, or lot was lawful and conforming with the regulations
in effect as of the date on which such certificate of occupancy was
issued.
(5)
Nonconforming use of land. Where no structure is involved,
the nonconforming use of land may be continued; provided, however,
that no such nonconforming use of land shall be enlarged or increased,
nor shall it be extended to occupy a greater area of land than that
occupied by such use at the time of the adoption of this chapter,
nor shall any such nonconforming use be moved in whole or in part
to any other portion of the lot or parcel of land occupied by such
nonconforming use at the time of the adoption of this chapter; provided,
further, that if such nonconforming use of land or any portion thereof
ceases for any reason for any continuous period of more than 30 days
or is changed to a conforming use, any future use of the land must
be in conformity with the provisions of this chapter.
(6)
Nonconforming use of structures. The nonconforming
use of any structure in or on which a nonconforming use is conducted
or maintained may be continued, provided that:
(a)
No such structure shall be enlarged or extended
unless such structure, enlargement or extension is made to conform
to all regulations then in effect for the district in which it is
situated or unless such structural alterations, maintenance or repair
work is required to keep or return said structure in or to a safe
condition.
(b)
If, for any reason, any nonconforming use of
a structure ceases for any reason for a continuous period of more
than six months or is changed to a conforming use, or if the structure
in or on which such nonconforming use is conducted or maintained is
moved for any distance whatever, then any future use of such structure
must conform with the regulations then in effect specified by this
chapter for the district in which it is situated.
(c)
If any structure in or on which any nonconforming
use is conducted or maintained is hereafter removed, the subsequent
use of the land on which such structure was located and the subsequent
use of any structure thereon must conform to the regulations then
in effect specified by this chapter for the district in which such
land or structure is situated.
(7)
Nonconforming structures with conforming uses. A structure
that is conforming in use but does not conform to the lot area, square
footage, yard dimension, height, setback, coverage, off-street parking,
loading or similar dimensional requirements of this chapter shall
be deemed to be dimensionally nonconforming. No permit shall be issued
that will result in the increase of any dimensional nonconformity,
but any structure or any portion thereof may be altered to decrease
its dimensional nonconformity.
(8)
Nonconforming lots. A nonconforming lot may be continued,
provided that:
(a)
No existing conforming or nonconforming structure
or structures on a nonconforming lot shall be reconstructed, nor shall
any new structure be constructed on a nonconforming lot, unless such
new or reconstructed structure is in conformity with the regulations
in this chapter then in effect for the district in which such structure
is located, irrespective of the nonconformity of the existing lot.
(b)
Additions or alterations to an existing conforming
or nonconforming structure on a nonconforming lot shall be permitted
as long as the alteration, enlargement or extension is made to conform
to all regulations in this chapter then in effect for the district
in which such structure is located, irrespective of the nonconformity
of the existing lot.
(9)
Restoration of damaged structures. Any nonconforming
structure or structure containing a nonconforming use which is damaged
by fire, flood, wind, earthquake, act of nature or man shall not be
reoccupied, reused and/or repaired or reconstructed except in conformity
with this chapter, unless such repair or construction is completed
within 12 months of the damage. Failure to so repair or reconstruct
within 12 months of the damage shall cause a lawful nonconforming
use or structure to be automatically terminated.
(10)
(Reserved)
(11)
Completion of structures under construction.
Any structure for which a permit has been duly granted and the construction
of which has been started before the effective date of this chapter
may be completed in accordance with plans on file with the Building
Inspector, provided that such construction is diligently prosecuted
and such structure is completed within one year of the effective date
of this chapter.
(12)
Existing special uses deemed conforming. Any
use that is classified as a special use in any district pursuant to
this chapter shall, without further action, be deemed to be a conforming
use in such district as of the date such use was first approved.
G.
Off-street parking and vehicular access.
(1)
Off-street parking.
(a)
It is the intention of this chapter that all
structures and land uses be provided with a sufficient amount of off-street
automobile parking to meet the needs of persons employed at or making
use of such structures or land uses. No permit for the erection or
substantial alteration of a structure or for the development of a
land use or for a change of use shall be issued unless off-street
parking and loading facilities shall have been laid out in a plan,
in accordance with the appropriate requirements for structures and
uses set forth in the Schedule of Regulations herewith[9] and approved by the Building Inspector.
[Amended 1-24-1989 by L.L. No. 1-1989]
[9]
Editor's Note: See Art. VIII, Schedule of
Regulations.
(b)
Structures and land uses in existence or for
which building permits have been approved at the time of the adoption
of this subsection shall not be subject to the requirements set forth
in the Schedule of Regulations,[10] provided that any parking facilities now existing to serve
such structures or uses shall not, in the future, be reduced except
where they exceed said requirements, in which case they shall not
be reduced below said requirements, in which case they shall not be
reduced below the current code requirements. Required parking facilities
for such structures or uses as well as for any enlargement or extension
shall be provided as a condition for the issuance of any building
permit for such enlargement or extension in the future. The Village
Board or the Planning Board, where applicable, may, in its discretion,
reduce the parking requirements herein set forth upon a showing that
the required number of parking spaces would not be necessary at a
specific site. Required off-street parking facilities which, after
development, are later dedicated to and accepted by the Village shall
be deemed to continue to serve the uses or structures for which they
were originally provided.
[Amended 1-24-1989 by L.L. No. 1-1989; 3-22-2005 by L.L. No.
5-2005; 11-13-2007 by L.L. No. 16-2007]
[10]
Editor's Note: See Art. VIII, Schedule of
Regulations.
(c)
Off-street automobile parking facilities shall
be provided as follows:
[Amended 1-24-1989 by L.L. No. 1-1989]
[1]
Each single-family dwelling shall be required
to provide no less than two off-street automobile parking spaces.
[Amended 11-13-2007 by L.L. No. 16-2007]
[3]
Each single-family dwelling or two-family dwelling
developed under the cluster provision or PUD District shall be provided
with two parking spaces for each dwelling unit, plus one parking space
per dwelling unit which may be provided in common with neighboring
clustered or PUD single-family dwelling units.
[4]
Each apartment or multifamily building designed
to house three or more families shall be provided with 1 1/2
parking spaces for each dwelling unit, plus 1/2 parking space for
each bedroom, such that the pattern stated below shall be followed:
|
Type of Units
|
Number of Spaces Required
| |
|---|---|---|
|
Studio
|
1 1/2
| |
|
1-bedroom
|
2
| |
|
2-bedroom
|
2 1/2
| |
|
3-bedroom
|
3
|
[5]
Each professional office or home occupation
permitted in a residence zone as an incidental accessory use shall
be provided with two parking spaces in addition to the number of spaces
required for the residential use, except that there shall be four
parking spaces for each medical or dental practitioner in addition
to the spaces required for residential use.
[6]
Each motel or rooming house shall be provided
with one parking space for every guest sleeping room, plus one parking
space per employee on the largest work shift in addition to any other
parking requirement for conditional uses.
[7]
Each hotel or executive learning center shall
be provided with one space for each guest room; one space for every
three employees; one space for every four seats in permanent dining
rooms; one space per 300 square feet of floor area devoted to retail
use; and the total minimum of parking spaces for an executive learning
center or hotel shall be 80% of the sum of the spaces required above,
but in no event less than one space for each guest room.
[8]
Each retail business establishment exclusive
of those provided for elsewhere in this section shall be provided
with one parking space for every 200 square feet of gross floor area.
[9]
Each bank shall be provided with 10 parking
spaces, plus five parking spaces for each teller station in excess
of two, but in no case fewer than the number of spaces which would
be required for a retail business establishment. Where drive-up teller
services are provided, a minimum of five queueing spaces shall be
provided for each drive-up teller window.
[10]
An office building or use with less than 75,000
square feet of gross floor area or a public building or use other
than a school shall be provided with one parking space for every 250
square feet of gross floor area except for medical and dental offices
which shall require one parking space for every 150 square feet of
gross floor area.
[11]
An office building or use with 75,000 square
feet or more of gross floor area or a public building or use other
than a school shall be provided with one parking space for every 200
square feet of gross floor area.
[12]
Each restaurant or similar place dispensing
food or drink or refreshments shall be provided with one parking space
for every three seats, plus one parking space for each employee on
the largest work shift, but not less than one parking space for every
75 square feet of gross floor area.
[13]
Each hospital, clinic, sanitarium or convalescent
home shall be provided with four parking spaces for every five patient
beds, excluding bassinets, plus one parking space per employee and/or
staff member on the largest work shift.
[14]
A theater, auditorium, stadium, house of worship,
membership club or other place of public assembly other than a school,
the capacity of which can be measured in terms of seats, shall be
provided with one parking space for every four seats in such place
of assembly, plus one parking space per employee on the largest work
shift. Where the capacity cannot be measured in terms of seats, one
parking space for every 200 square feet of gross floor space plus
one parking space per employee on the largest work shift shall be
provided.
[15]
A bowling alley shall be provided with five
parking spaces for each alley.
[16]
A manufacturing or other industrial building
shall be provided with one parking space per employee on the largest
work shift, but not less than one parking space for every 400 square
feet of gross floor area, plus one parking space for each commercial
vehicle garaged on the lot.
[17]
A wholesale, utility or other similar building
shall be provided with one parking space per employee on the largest
work shift, but not less than one parking space per 800 square feet
of gross floor area, plus one parking space for each commercial vehicle
garaged on the lot.
[18]
A warehouse or storage building shall be provided
with one parking space per employee on the largest work shift, but
not less than one parking space per 1,000 square feet of gross floor
area, plus one parking space for each commercial vehicle garaged on
the lot.
[19]
A gasoline service station shall be provided
with one parking space per employee on the largest work shift, but
not less than five parking spaces, plus five additional parking spaces
per service bay.
[20]
Reasonable and appropriate off-street parking
requirements for structures and land uses which do not fall within
the categories listed above shall be determined in each case by the
Village Board or the Planning Board, where applicable, which shall
consider all factors entering into the parking needs of such use.
[Amended 3-22-2005 by L.L. No. 5-2005]
[21]
Other.
[a]
Where two or more different uses
occur on a single lot, the total amount of parking facilities to be
provided shall be the sum of the requirements for each individual
use on the lot; except that the Village Board or the Planning Board,
where applicable, may approve the joint use of parking spaces by two
or more establishments on the same or contiguous lots, the total capacity
of which space is less than the sum of the spaces required for each,
provided that the Board finds that the capacity to be provided will
substantially meet the intent of the requirements by reason of variation
in the probable time of maximum use by patrons or employees among
such establishments, and provided that said approval of such joint
use shall be automatically terminated upon the termination of the
operation of any such establishments.
[Amended 3-22-2005 by L.L. No. 5-2005]
[b]
In an OB-1 District, for research
and testing laboratories, one space per 1,000 square feet of gross
floor area devoted to such uses shall be provided.
[c]
It shall be expressly demonstrated
on the site plan that sufficient space remains for the provision of
the total amount of off-street parking required, and the site plan
shall bear such designation. All such undeveloped parking space shall
be used and maintained as additional landscaped grounds until required
for parking.
[d]
Written guaranties, satisfactory
to the Village Attorney, shall be submitted by the applicant for the
eventual improvement of any such spaces which may have been waived.
Such spaces must be constructed within six months of the date of written
notice to the property owner by the Village Board that such spaces
have been determined as necessary.
(d)
Layout and location of off-street parking facilities.
[1]
The required off-street parking facilities for
structures and land uses which are hereafter developed shall be provided
on the same lot or premises with such structure or land use; except
that off-street parking spaces required for structures or land uses
on two adjoining lots may be provided in a single common facility
on one or both of said lots, and except that the Board of Appeals
may permit all or part of the required spaces to be located on any
lot within 500 feet of the building and within a district where such
use is permitted if the Board determines it is impractical to provide
parking on the same lot with the building.
[2]
In any residence district, except an RA-1 District, no unenclosed off-street parking facility shall be developed within 25 feet of a front lot line or shall be developed within 2 1/2 feet of a side or rear lot line except as provided in Subsection G(1)(d)[5] below. In an RA-1 Residence District, no unenclosed, off-street parking facility shall be developed within five feet of any lot line.
[3]
The plans for any new building or any replacement
or reconstruction of an existing building, when submitted to the Building
Inspector for a building permit, shall show specifically the location
and size of the off-street parking facilities required to comply with
this section and the means of access to such space from the public
streets or highways. Except for single-family and two-family residences,
the plan for traffic access, traffic circulation and general layout
of the parking facility shall be approved by the Village Board or
the Planning Board, where applicable, with regard to safety to traffic
on the public street, to safety to pedestrians on public sidewalks
and to safety and adequacy of access for cars and pedestrians using
the parking facility before a building permit may be issued.
[Amended 3-22-2005 by L.L. No. 5-2005]
[4]
Required off-street parking facilities may be
enclosed in a structure or may be open, provided that all required
parking facilities shall be graded, surfaced, drained and suitably
maintained to the satisfaction of the Building Inspector to the extent
necessary to avoid nuisances of dust, erosion or excessive water flow
across public ways or adjacent land. In appropriate situations, the
Building Inspector may require suitable markings to indicate individual
parking spaces, maneuvering area, entrances and exits.
[5]
In any R District, a parcel of land that lies
contiguous to the boundary of a C District and that is contiguous
at not more than one property line thereof to a side lot line in an
R District may be used for the parking of motor vehicles, but not
for any sales or servicing in connection therewith, for a distance
of not exceeding 200 feet from the boundary of said C District. A
parcel of land shall not be considered contiguous to a C District
if it is separated from the C District by a street or alley. The following
limitations and requirements shall apply thereto:
[a]
There shall be no parking of vehicles
nearer to any boundary of such parcel than a distance of five feet,
except any part contiguous to the boundary of the C District.
[b]
The portion of the parcel that
is used for the parking of vehicles shall be bordered on all sides
not contiguous to the boundary of said C District by a wall or fence,
supplemented by landscaping, and approved by the Village Board or
the Planning Board, where applicable, as being adequate to assure
that the use of said parcel for the parking of vehicles will not be
detrimental to the use of adjacent land in said R District. Such wall
or fence and landscaping shall be adequately maintained at all times.
[Amended 3-22-2005 by L.L. No. 5-2005]
[c]
There shall be no entrance to the
parking area at a distance of more than 100 feet from the boundary
of such C District, and such entrance shall be limited to the street
on which the adjoining business buildings have frontage.
[d]
The plan for traffic access, traffic
circulation and general layout of the parking facility shall be approved
by the Village Board or the Planning Board, where applicable, with
regard to the safety of traffic on the public street, to the safety
of pedestrians on public sidewalks and to the safety and adequacy
of access for cars and pedestrians using the parking facility.
[Amended 3-22-2005 by L.L. No. 5-2005]
[e]
No sign shall be displayed on such
parcel except one identification sign not exceeding 12 square feet
in area, and no such sign shall be located outside of the portion
of the parcel that is used for the parking of vehicles, nor at a distance
of more than 50 feet from the boundary of such C District.
(e)
Operation and maintenance of off-street parking
facilities. Required off-street parking facilities shall be maintained
as long as the use or structure exists that the facilities are designed
to serve. Required parking areas developed for specific structures
and uses shall be reserved at all times to those persons who are employed
at or make use of such structures and land uses except when dedicated
to and accepted by the Village as public parking areas.
(2)
Driveways.
(a)
No driveway or road to or from any property
shall be so located at its juncture with a public highway as to create
a danger or menace to the community or to the convenience or proper
use of the adjoining property.
(b)
Driveway grades shall not exceed 15% from the
property line for the entire length of the driveway.
(c)
Where a driveway leads to a garage whose floor
is below the level of the street and below the level of the ground
along both sides of such driveway, a drain of sufficient size, but
not less than four inches, shall be installed in front of the garage
door(s) and be connected to the storm sewer in the street.
(d)
Where a stormwater sewer is not available, the
drain shall be connected to a dry well with an earth floor of 40 cubic
feet capacity, built of masonry units laid with open joints and capped
with flagstone or concrete as the Building Inspector may direct. The
dry well shall not be filled with stone, brick or other material.
H.
Special permits.
(1)
General requirements.
(a)
The types of uses for which special permits
are required by this chapter shall be deemed to be permitted uses
in their respective districts, subject, as to each specific use, to
the satisfaction of the requirements and standards set forth herein.
All such uses are declared to possess characteristics of such unique
and special forms that each specific use shall be considered as an
individual use.
(c)
Application for required special permits shall
be made to the Village Board in electronic file format acceptable
to the Building Department in addition to at least eight paper copies,
or such other format or amount as determined by the Building Department.
The Building Department may waive the electronic submission requirement
only in extraordinary cases of technical infeasibility. Each such
application shall be referred by the Village Board to the Planning
Board for report, which report shall be rendered at least 10 days
prior to the date of public hearing on such application. The Village
Board may, after public notice and hearing, in the same manner as
required by law for zoning amendments, authorize the issuance of said
permits, provided that it shall find that:
[Amended 9-9-2014 by L.L. No. 7-2014; 10-28-2014 by L.L. No.
9-2014]
[1]
With respect to all uses listed as requiring
special use permits, the use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is situated and will not be
detrimental to the orderly development of adjacent districts.
[2]
With respect to the uses listed as requiring
special permits in residential districts:
[a]
The location and size of the use,
the nature and intensity of the operations involved in or conducted
in connection with it and its relation to streets giving access to
it shall be such that it will not be hazardous, inconvenient or detrimental
to the predominantly residential activities and character of the neighborhood.
[b]
The location, nature and height
of buildings, walls and fences and the nature and extent of landscaping
on the site shall be that the use will not hinder or discourage the
appropriate development and use of adjacent land and buildings or
impair the value thereof.
[c]
The proposed use shall be provided with off-street parking adequate for its needs, considering the assemblage of persons and vehicles in connection with the use, at least meeting the standards of Article IV, § 250-6G. Such parking area shall be suitably screened from adjoining residential uses, and entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances.
[3]
With respect to uses listed as requiring special
permits in commercial districts, the location and size of the use,
the nature and intensity of the operations involved in or conducted
in connection with it, its site layout and its relationship to streets
giving access to it shall be such that:
[a]
It will be a harmonious part of
the commercial district in which it is situated and will not hinder
the appropriate development or impair the value thereof.
[b]
Vehicular traffic to and from the
use will not be more hazardous than the normal traffic of the district,
taking into account, among other things, vehicular turning movements
in relation to routes of traffic flow, relation to street intersections,
sight distances and relation to pedestrian traffic.
[c]
Its operations will not be objectionable
to nearby dwellings by reason of noise, fumes, vibrations or flashing
of lights to a greater degree than is normal with respect to the proximity
of commercial or industrial uses to residential uses.
[4]
With respect to the uses listed as requiring
special permits in office building and research laboratory districts:
[a]
The location and size of the use
and the nature and intensity of the operations involved in or conducted
in connection with it shall be such that it will not cause or result
in:
[i]
Dissemination of dust, noise, vibration,
excessive light, odor, smoke, observable or detectable gas or fumes
or other atmospheric pollutant or any harmful discharge of industrial
waste materials beyond the boundaries of the site on which such use
is conducted.
[ii]
Menace by reason of fire, explosion
or other physical hazard, including radiation.
[iii]
Interference with radio or television
reception beyond the immediate site of the building in which such
use is conducted or scientific testing of devices or instruments which
requires the flying of aircraft over the building in relationship
to activities in the buildings in such a manner as to cause a public
nuisance.
[iv]
Unusual traffic congestion on
the streets and highways giving access to the site.
[b]
The approval authority shall specifically
describe the industrial use being permitted under its resolution which
makes the above findings.
[5]
With respect to the uses listed as requiring
special permits in OB-S Districts:
[a]
The location and size of the use
and the nature and intensity of the operations involved in or conducted
in connection with it shall be such that it will not cause or result
in:
[i]
Dissemination of dust, noise, vibration,
excessive light, odor, smoke, observable or detectable gas or fumes
or other atmospheric pollutant or any harmful discharge of industrial
waste materials beyond the boundaries of the site on which such use
is conducted.
[ii]
Menace by reason of fire, explosion
or other physical hazard, including radiation.
[iii]
Interference with radio or television
reception beyond the immediate site of the building in which such
use is conducted or scientific testing of devices or instruments which
requires the flying of aircraft over the building in relationship
to activities in the buildings in such a manner as to cause a public
nuisance.
[iv]
Unusual traffic congestion on
the streets and highways giving access to the site.
[b]
No manufacturing or industrial
use shall be permitted.
[c]
In reviewing the special permit
application, the approval authority shall also review the proposed
site plan and take into consideration, but not necessarily limit itself
to, the recommendations of the general plan for development, the proposed
location, height and bulk of buildings, traffic circulation within
and without the site, provisions for drainage and sewage treatment,
provision of off-street parking spaces, exterior lighting, buffer
areas and other open spaces, display of signs, location and screening
of garbage and trash containers, location and screening of trailer
parking and loading and landscaping so that any development will have
a harmonious relationship with the existing or permitted development
of contiguous land and adjacent neighborhoods and so that pedestrian
and vehicular traffic will be adequately and safely handled within
the site and in relation to the adjoining street system.
(d)
The owner of such property for which a special
permit has been issued shall submit to the Village annually, on or
before January 10 of each year, demonstration of compliance with the
conditions of the special permit. Demonstration shall consist of an
affidavit including a list of the conditions of the special permit
and a description of how the site or use conforms with such conditions.
[Added 1-14-2003 by L.L. No. 1-2003]
(2)
Hospitals, convalescent homes and nursing homes. In addition to the above-listed standards, a building intended for use as a hospital, convalescent home or nursing home shall be located no closer than 200 feet to the boundary of any adjacent property zoned for a one-family residence, unless a lesser distance to such adjacent property shall have been agreed to, in writing, by the owner thereof or if any such adjacent property is not within the area of the Village of Rye Brook or is owned by a religious, educational, public or charitable institution, corporation or association or is used or intended for any of the uses permitted in § 250-19C, in any of which cases, said hospital, convalescent home or nursing home shall not be located within 125 feet of the boundary of such adjacent property.
(3)
Child day-care centers.
[Amended 4-24-1997 by L.L. No. 4-1997]
(a)
The location, size and character of the child
day-care center must be in harmony with the appropriate and orderly
development of the neighborhood in which it is situated and will not
be detrimental to the value of the property in the neighborhood.
(b)
The lot on which such center is operated shall
not be less than 0.5 acre in area.
(c)
The lot for such use must contain at least 1,000
square feet of suitably fenced rear or side yard play area for each
five children or part thereof, and each such play area shall be located
not less than 30 feet from any lot line except where the rear or side
yard lot line abuts a public street, park or parkway property and
not less than 50 feet from any residential structure on any adjoining
lot. Such play area shall be suitably screened with planting or other
means to avoid a noise nuisance to adjoining properties.
(d)
The area used for child-care center purposes
inside any building must be on the first floor only and shall not
be less than 35 square feet for each child in such child-care center,
exclusive of space in cloakrooms, lavatories, storage rooms or hallways.
No basement area shall be used for child-care or instructional purposes.
(f)
The center shall have an off-street dropoff/pickup
area capable of storing the maximum number of vehicles simultaneously
delivering and/or collecting children from the facility.
(g)
Inspections. The Building Inspector shall annually inspect the premises of a child day-care center for compliance with the provisions of § 250-6H(3) or any special permit issued, during regular business hours, and upon receipt of a complaint indicating a possible noncompliance with such provisions, within 10 days after receipt of the complaint. If the owner or operator so requires, at least 24 hours' notice of the inspection shall be given, unless the Building Inspector reasonably considers there are emergency circumstances involved. The foregoing shall not limit any inspections of the New York State Department of Social Services or inspections undertaking with consent or under a warrant.
(h)
Revocation. After a hearing held on at least 10 days' notice, a special permit issued for a child day-care center may be revoked for the violation of a provision of § 250-6H(3) or any condition of the special permit affecting the health or safety of children, an unjustified and persistent refusal to permit inspections of the premises or any other circumstances constituting a material threat to the health and safety of children.
(4)
Membership clubs. With respect to membership clubs
and similar social uses not operated for profit, in addition to the
above-listed standards, each such building or use of land, for other
than off-street parking purposes, shall be located not less than 50
feet from the property line in an R2-F or RA-1 District, nor less
than 100 feet from the property line in an R-25, R-20, R-15, R-12,
R-10, R-7, R-5, OB-1 or OB-2 District.
[Amended 9-26-2006 by L.L. No. 15-2006]
(5)
Bowling alleys. With respect to bowling alleys, in
addition to the above-listed standards:
(a)
The lot used for a bowling alley shall be bordered
on all sides contiguous to the boundary of a residential district
by a strip of land at least 25 feet in depth and not to be used for
the parking of vehicles. Within the twenty-five-foot strip, a compact
screen of evergreens, of a height and depth approved by the approval
authority, and other plants and shrubs of such character as may also
be approved by the approval authority shall be maintained.
[Amended 9-9-2014 by L.L. No. 7-2014]
(b)
Driveway entrances and exits shall be located
at least 100 feet from the boundary of a residential district.
(c)
A bowling alley and the building so occupied,
including the entrances and exits, shall be designed and constructed
according to the best standards of soundproofing. On the sides of
a building containing bowling alleys, there shall be no windows and
no entrance or exit, except a required fire exit shall be permitted
to face toward adjoining residential districts.
(d)
Exterior spotlighting or other illumination
shall be installed so as to eliminate any detrimental effect on adjoining
residential districts or to traffic on the streets. No unshaded light
sources shall be permitted.
(f)
The approval authority, in granting a special
permit, may place limits on the hours of operation of a bowling alley.
[Amended 9-9-2014 by L.L. No. 7-2014]
(6)
Commercial
storage, possession and display of firearms, ammunition and explosives.
[Added 5-23-2017 by L.L.
No. 4-2017]
(a)
Location.
[1]
The commercial storage, possession and display of firearms, ammunition
and explosives shall be located in a shopping center and shall not
be located within 500 feet of any public or private school, nursery
school, day-care center, playground, church, synagogue or other house
of worship. Such distance shall be measured from the nearest point
of the portion of the building or structure used for commercial storage,
possession and display of firearms, ammunition and explosives to the
nearest point of the lot line of the property with a public or private
school, nursery school, day-care center, playground, church, synagogue
or other house of worship.
(b)
Storage.
[1]
All ammunition and explosives shall be stored in compliance
with 9 NYCRR 1176 et seq. and 12 NYCRR 39 et seq. Further, all ammunition,
when being displayed, shall be kept in a locked case or behind the
counter on an area not accessible to the public.
[2]
Storage of firearms when open for business.
[a]
No firearms shall be stored, exhibited or displayed
in windows of the premises.
[b]
Firearms storage or inventory areas shall be physically
separated from counter and display areas and access to these areas
shall be carefully controlled.
[c]
All firearm display cases shall be kept locked
and secured at all times and not readily accessible to the public.
All keys to such display cases shall not leave the control of authorized
personnel.
[d]
Trigger locks which disable firearms and prevent
them from functioning must be locked to each firearm at all times,
or the firearms must be secured in a locked case or be otherwise locked,
or the firearms must be dispensed in an area behind the counter that
is not accessible to the public. These requirements shall not apply
to a firearm being shown to a customer, being repaired, or otherwise
being worked on.
[3]
Storage of firearms when not open for business. When not open
for business, all firearms shall be stored in accordance with one
of the following:
[a]
All firearms shall be stored in a locked fireproof
safe or vault located in the business premises;
[b]
All firearms must be secured by a hardened steel
rod or cable of at least 1/4 inch in diameter and shall be secured
with a hardened steel lock that has a shackle. The lock and shackle
shall be protected or shielded from the use of a bolt cutter and the
rod or cable shall be anchored in a manner that prevents the ready
removal of the firearms from the premises; or
[c]
All firearms shall be secured in a manner that
prevents the ready removal of the firearms from the premises, as approved
by the Chief of Police and the Building Inspector.
[4]
The regulations provided for herein shall not apply to the personal
possession, use or ownership of firearms or ammunition thereof.
(c)
Commercial sale of firearms, ammunition and explosives. Every
person engaged in the retail business of selling firearms shall post
a notice in the place where such firearms are displayed or delivered
to the purchaser conspicuously stating, in no smaller than 24-point
type and on no smaller than 8 1/2 x 11 paper, stating in bold
print the following warning:
|
WARNING: RESPONSIBLE FIREARM STORAGE IS THE LAW IN NEW YORK
STATE, AS DEFINED BY THE NY SAFE ACT. FIREARMS MUST BE STORED IN A
SAFE OR OTHER SECURE CONTAINER WHICH, WHEN LOCKED, IS INCAPABLE OF
BEING OPENED WITHOUT THE KEY, COMBINATION OR OTHER UNLOCKING MECHANISM
AND IS CAPABLE OF PREVENTING AN UNAUTHORIZED PERSON FROM OBTAINING
ACCESS TO AND POSSESSION OF THE DEVICE APPROPRIATE TO THAT FIREARM.
LEAVING FIREARMS ACCESSIBLE TO A CHILD OR UNAUTHORIZED PERSON MAY
SUBJECT YOU TO IMPRISONMENT, FINE, OR BOTH. YOU MAY ALSO FACE ADDITIONAL
CRIMINAL PENALTIES IF THE FIREARM IS USED BY ANOTHER NEGLIGENTLY AND
CIVIL LIABILITY.
|
(d)
Report of theft or loss to Police Department. Any theft or loss
of ammunition or firearms from a storage vault, safe storage depository,
or otherwise shall be reported immediately to the Police Department
of the Village of Rye Brook.
(e)
Security, reporting and inspection.
[1]
Security for the premises must include the maintenance of an alarm system and surveillance cameras, as well as the requirements for the safe storage of firearms set forth in Subsection H(6), both when the premises is open and closed for business. Surveillance footage shall be retained for a minimum of three (3) years.
[2]
Where the primary activity of a business is the sale of firearms,
ammunition or explosives, no owner or any of his or her agents, employees,
or other persons acting under the owner's authority shall allow the
following persons to enter into or remain on the premises unless accompanied
by his or her parent or legal guardian:
[a]
Any person under 21 years of age, if the owner
sells, keeps or displays only firearms capable of being concealed
on the person, provided that this provision shall not prevent a supervisory
agent or employee who has the authority to control activities on the
business premises from keeping a single firearm capable of being concealed
on the person on the business premises for purposes of lawful self-defense.
[b]
Any person under 18 years of age, if the owner
sells, keeps or displays other than firearms capable of being concealed
on the person.
[c]
Where firearm sales activity is the primary business
performed at the business premises, the owner and any of his or her
agents, employees, or other persons acting under the owner's authority
shall be responsible for requiring clear evidence of age and identity
of persons to prevent the entry of persons not permitted to enter
the premises pursuant to Subsection H(6)(e)[2][a] by reason of age.
Clear evidence of age and identity includes, but is not limited to,
a motor vehicle operator's license, a state identification card, an
armed forces identification card, or an employment identification
card which contains the bearer's signature, photograph and age, or
any similar documentation which provides reasonable assurance of the
identity and age of the individual.
[d]
Where firearms sales activity is the primary business
performed at the business premises, no owner or any of his or her
agents, employees, or other persons acting under the owner's authority
shall allow any person to enter into or remain on the premises who
the permittee or any of his or her agents, employees, or other persons
acting under the owner's authority knows or has reason to know is
prohibited from possessing or purchasing firearms pursuant to federal,
state or local law.
[3]
The operator of such a premises shall be required to maintain
and submit a report to local law enforcement detailing his, her or
its inventory every six (6) months.
[4]
Local law enforcement officials shall be authorized to inspect
the premises, records, inventory and documents for compliance with
local and state laws during normal business hours no more than twice
in a six-month period.
[5]
All persons having access or control of workplace firearms,
ammunition or explosives, including but not limited to employees,
agents and/or supervisors, shall be subject to a background check
to be performed by the Rye Brook Police Department. Such persons shall
not have access to or control over workplace firearms, ammunition
or explosives until the Rye Brook Police Department confirms that
such persons have not been convicted of:
[a]
An offense which disqualifies that person from
owning or possessing a firearm under federal, state or local law;
[b]
An offense involving the use of force or violence
upon the person of another;
[c]
An offense involving theft, fraud, dishonesty or
deceit; or
[d]
An offense involving the manufacture, sale, possession
or use of a controlled substance as defined by the Penal Law.
I.
Modifications in connection with approval of subdivisions.
[Amended 3-22-2005 by L.L. No. 5-2005]
(1)
Where the owner of any tract of land presents a plat
for the subdivision of such tracts, the designated approval authority,
after public notice and hearing pursuant to § 7-728 of the
Village Law and consistent with the spirit and intent of this chapter,
may authorize the following modifications with respect to not more
than 10% of the lots in such plat, provided that all such modifications
are necessary to achieve a good subdivision design:
[Amended 9-26-2006 by L.L. No. 15-2006]
(a)
In an R-25, or R-20 District, modifications
of required minimum width of lot and of required minimum side yard
setbacks correspondingly, provided that no reduction shall exceed
20% of the required minimum for the district in which the lot is located.
(b)
In an R-12, R-15 R-20 or R-25 District, modifications
of required minimum depth of lot and of required minimum front and
rear yard setbacks correspondingly, provided that no reduction shall
exceed 20% of the required minimum for the district in which the lot
is located.
(2)
No modifications of the permitted use regulations
or of the minimum required lot area shall be approved. Each approved
modification shall be specifically stated on the plat, and before
it shall be signed with the approval of the approval authority. The
approval authority shall state in its minutes the reasons for each
modification.
The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following special supplementary regulations:
A.
Apartment developments. Within any district where
multifamily residence is a permitted use, no building housing 10 or
more families and no group of buildings shall be erected on any lot
unless a site development plan has been approved by the designated
approval authority in the same manner as is prescribed by state law
for the approval of subdivisions. Subsequent to the issuance of such
approval, no building permit shall be issued except for building in
conformity with the approved site development plan. In approval of
such plan, the approval authority shall determine that all applicable
standards are met.
[Amended 3-22-2005 by L.L. No. 5-2005]
B.
Office building developments. In office building and
research laboratory developments within any OB-2, OB-3 or OB-S District,
where office buildings for business and professional use and research
laboratories are permitted, no such building shall be erected on any
lot unless a site plan for its development has been approved by the
designated approval authority, after public notice and hearing, as
being in conformity with the following standards:
[Amended 3-22-2005 by L.L. No. 5-2005]
(1)
(Reserved)
(2)
For OB-2 District and OB-S Districts.
(a)
Sites shall be of at least 10 acres and have
at least 500 feet of frontage on an existing street or highway, except
that the Village Board may approve plans to subdivide and develop
such sites into sites of not less than five acres and with at least
300 feet of street frontage, except that any lot less than five acres
and more than three acres zoned for business as of May 21, 1952, and
described as a tax lot on the Tax Assessment Map as of said date and
now located in an OB-2 District shall be deemed to meet the acreage
requirements, provided that all other standards set forth herein are
met and that arrangements are made for common access and service roadways
where necessary to avoid traffic hazards or congestion.
(b)
Further, except that any smaller parcel so zoned
and so identified on such Tax Assessment Map as of said date and now
in the OB-2 District shall be deemed to meet the lot size requirement,
provided that the owner of the lot owned no adjoining property on
that date and that the size of said parcel shall not be reduced.
(3)
For OB-3 Districts.
(a)
Sites shall be at least five acres and shall
have at least 350 feet of frontage on an existing street or highway.
(b)
Access and service roads from existing streets
or highways shall properly relate to the public street and highway
system so as to avoid unsafe conditions and traffic congestion.
(c)
Parking space shall be provided on the site
to accommodate the motor vehicles of employees and visitors. Parking
areas shall be permanently improved and suitably screened with planting
and shall be set back from street and side lines of the site at least
50 feet, except that permanent arrangements may be approved for a
lesser distance between parking areas of adjoining office building
developments.
(4)
(Reserved)
(5)
For OB-2 District. Buildings on any site may cover
a total of no more than 15% of the site area, of which area any office
or laboratory building may not cover more than 100,000 square feet
of the site area. The building shall be set back at least 100 feet
from all property lines, and such office or laboratory buildings shall
not be more than eight stories high, nor more than 120 feet in height,
measured from the average finished grade to roof, but not including
elevator and utility penthouses above the roof.
(6)
For OB-3 District. Buildings on the site may cover
no more than 12% of the site area and shall be set back at least 100
feet from a street, 100 feet from the rear lot line and 60 feet from
each side line.
(8)
Modifications. The designated approval authority,
in acting upon site plans as required by this section, may modify
the application of the above standards where necessary in particular
situations because of topographical or other site conditions and where
the general public interest will be served, provided that the general
purpose and intent of the standards is observed. In each such case,
however, the approval authority must enter upon the record the specific
reason(s) for each modification granted.
D.
Airport Zones.
(1)
Establishment of zones. The area within two miles
of the boundaries of the Westchester County (Rye) Airport within the
Village of Rye Brook shall be divided into four classifications: Instrument
Approach Zones, Sight Approach Zones, Inner Turning Zones and Outer
Turning Zones as follows:
(a)
Instrument Approach Zones (Z-1). An Instrument
Approach Zone beginning at the end of each landing strip or runway
designed for instrument approaches, proceeding from a width of 1,000
feet at such end to a width of 4,000 feet two miles distant therefrom;
its center line being a continuation of the center line of each such
runway or runways or landing strips.
(b)
Sight Approach Zones (Z-2). A Sight Approach
Zone beginning at the end of each other landing strip designed for
visual or sight approaches proceeding from a width of 500 feet at
such end to a width of 2,500 feet two miles distant therefrom; its
center line being a continuation of the center line of each such runway
or runways or landing strips.
(c)
Inner Turning Zones (Z-3). An Inner Turning
Zone between each two approach zones extending outward for a distance
of 1/2 mile.
(d)
Outer Turning Zones (Z-4). An Outer Turning
Zone between each two approach zones extending from the outer edge
of the inner turning zone to an outer boundary described as follows:
[1]
The outer boundary of such approach and outer
turning zones shall be determined by swinging a series of intersecting
areas completely around the airport; each arc being swung from a point
midway of the end of each runway or graded landing strip and each
having a radius of two miles, the outer boundary of such area being
such arcs and connecting straight lines tangent to the arcs thus described.
[2]
The inner edge of such outer turning zone which
is also the outer edge of the inner turning zone shall be established
by swinging from the ends of each runway or graded landing strip arcs
with a radius of 1/2 mile and connecting by straight lines the points
where such arcs intersect the edges of each approach zone. The Airport
Zones shall be superimposed upon the residential and other zones established
in this chapter.
(2)
Height limits for control of future development. Except
as may be permitted by variances granted by the Zoning Board of Appeals
as elsewhere provided in this chapter, no structure shall hereafter
be erected, altered or increased in height and no object of natural
growth shall be grown, permitted to grow or increase in height in
such a way that:
(a)
In any Instrument Approach Zone, its topmost
height above the elevation of the end of the graded landing strip
to which such approach zone is appurtenant is greater than 1/40 of
its horizontal distance from the end of such graded landing strip;
(b)
In any Sight Approach Zone, its topmost height
above the elevation of the end of the graded landing strip to which
such approach zone is appurtenant is greater than 1/30 of its horizontal
distance from the end of such graded landing strip;
(c)
In any Inner Turning Zone, its topmost height
is greater than 75 feet above the level of and measured at right angles
to a line drawn between the midpoints of the ends of any two adjacent
landing strips (from which midpoints such half mile arcs were described);
or
(d)
In any Outer Turning Zone, its topmost height
is greater than the permissible height in the inner turning zone (75
feet), plus one foot of increased height for each 30 feet of distance
measured horizontally outward at right angles from the boundary between
the inner and outer turning zone (such half-mile line) and extending
thence outward to the outer boundary of such outer turning zone.
(3)
Permits.
(a)
Upon the receipt of an application for a building permit from the owner of any property situated within any Airport Zone, the Building Inspector, before passing upon the suitability of such proposed structure with respect to other requirements of this chapter, shall refer such application to the Superintendent of Public Works/Village Engineer or such other engineer as may be designated by the Village Board. After satisfying himself that the proposed building, if erected upon the site specified in the application to the height called for in the plans filed with such application, will not exceed the limits set forth in Subsection D(2) above, he shall so certify to the Building Inspector.
[Amended 10-27-2020 by L.L. No. 9-2020]
[1]
If such Superintendent of Public Works/Village Engineer or other designated engineer shall find that the proposed building, at the site named in the application, will exceed the height limits established under Subsection D(2) above, he shall ascertain and report to the applicant, the Building Inspector and the County Attorney whether, elsewhere on land owned by the applicant, such proposed building may be lawfully erected and, if not, to what extent such proposed building upon the original site selected therefor would have to be reduced to in height to comply with the regulations contained in Subsection D(2).
[2]
The Building Inspector shall thereafter pass
upon other aspects of the proposed building under this chapter and
the Building Code[3] and, in the light of all the facts presented, grant or
refuse such application. The Building Inspector, on his own initiative
or upon complaint of an existing or threatened hazard filed with him
by the officer in charge of such airport, shall refer to the Superintendent
of Public Works/Village Engineer or other designated engineer, for
survey and report, the matter of any tree or other natural object,
the growth of which, since the adoption of this section, has encroached
or threatens to encroach upon or project through the ceiling of permissible
heights established by this chapter under any approach or turning
zone.
[3]
The report of such engineer, as to the extent
of or likelihood of such encroachment, the seriousness of the hazard
occasioned thereby and other pertinent facts, shall be filed simultaneously
with the Building Inspector, the County Attorney and the officer in
charge of such airport and the property owner notified thereof. Thereafter,
the Building Inspector shall issue such order of abatement as may
be appropriate in the circumstances.
[4]
The property owner affected thereby shall abate
such violation within 30 days, after which the penalties provided
in this chapter shall apply. If such property owner believes that
the report is at variance with the facts or that the violation does
not constitute a hazard, he may appeal to the Board of Appeals for
a variance, whereupon such Board shall fix the time and place of the
hearing thereon after giving due notice to the County of Westchester
and the officer in charge of such airport and to the public as required
by law.
(b)
In the event of report of any permit or the issuance of any order because of the operation of Subsection D(2) above, full explanation shall be afforded to the owner or applicant, with information as to the changes required to make possible compliance with Subsection D(2). For such examination and report, no fee shall be charged other than the usual fee for a building permit.
(c)
An appeal from any decision of the Building
Inspector under this section shall lie to the Zoning Board of Appeals
in the same manner as in other appeals under this chapter.
(d)
At least 10 days' notice of the hearing on such
appeal shall be given to the appellant, the County Attorney and to
the public in the same way and manner that notice is given to the
public as provided in this chapter. On such an appeal, the Board,
for the purpose of deciding whether to affirm, modify or reverse the
decision of the Building Inspector, shall consider whether any reasonable
modification of the proposed building or site plan will permit the
erection of a usable and suitable building for the fulfillment of
a proper purpose and which would constitute a fair and reasonable
use of the land and the air rights which would be permitted under
existing zoning regulations in force at the time of the adoption of
this amendment in the applicable zones.
(e)
Any such decision by the Board of Appeals pursuant
to this section shall be subject to review by certiorari order issued
out of the Supreme Court and in which the County of Westchester shall
be made a party.
(4)
Certain uses prohibited. Within the Airport Zones
hereinbefore defined, no permit shall be granted to erect any building
or structure for the installation of any machinery or apparatus of
any kind or to install any such machinery or apparatus in any existing
building or structure which, if so operated in said building or structure,
would interfere with the transmission and receipt of radio and other
communications between the control station of the Westchester County
(Rye) Airport and the planes approaching or departing from such airport
or traveling in the turning zones hereinbefore established.
E.
Planned Unit Development District.
[Amended 6-8-1993 by L.L. No. 3-1993]
(1)
Purposes. In addition to the purposes set forth in Article I of this chapter, the Planned Unit Development District (PUD) shall have among its purposes the following:
(a)
To provide, where appropriate, a mixture of single-family residences, senior living facilities, excluding nursing homes, townhouses, apartments and limited commercial, retail and institutional uses, plus related accessory uses. For purposes of this § 250-7E, a nursing home shall have the same definition as "nursing home" as set forth in Title 10, New York Codes, Rules and Regulations, Section 700.2.
[Amended 9-23-1997 by L.L. No. 6-1997]
(b)
To provide flexibility of design by coordinating
site plan, subdivision and zoning review and other government regulations
and review procedures.
(c)
To conserve natural resources and to preserve
open space.
(d)
To provide benefits to the community over and
above that which the underlying zoning district provides for, such
as but not limited to increased recreational opportunities and reduced
traffic impact.
(2)
Standards and requirements. All planned unit developments
(PUD's) shall conform to the following:
(a)
Application. An application form as provided
by the Village Building Department must be completed.
[Amended 11-17-1998 by L.L. No. 6-1998]
(b)
Minimum area. The minimum area required to qualify
for a PUD shall be 30 contiguous acres within the Village of Rye Brook,
not separated by any public street or other public property at the
time of the application.
(c)
Location. A PUD may be applied to any qualifying
area north of the Hutchinson River Parkway. All such districts shall
have at least 150 feet of frontage on a state, county or major Village
road.
(d)
Permitted use. All uses within a PUD District
shall be determined by the provisions of this subsection. Any land
used for the calculation of density for one use shall not be used
for the calculation of density for another use. The proportion and
density of each use shall be approved by the Village Board, after
recommendation of the Planning Board, and shall depend upon the location,
environmental factors and economic considerations of each proposed
project and its surroundings. Uses may include and shall be regulated
by the following:
[1]
Residential. The development of up to 9,000
square feet of floor area per gross acre of the residential part of
the total PUD site shall be permitted, but in no case shall the total
number of dwelling units exceed six per gross acre of the residential
part of the total PUD site. No dwelling unit shall exceed 30 feet
in height.
[2]
Professional/business office/research laboratory: all uses listed in the OB-1 District (See § 250-27). The floor area ratio shall not exceed 0.12 of the gross acreage of the land allocated to this use. No structure shall exceed 35 feet in height. For planned unit developments that include conference centers, the maximum building height of such conference center may be increased to no more than 40 feet as defined in § 250-2 of this chapter and the maximum floor area ratio for any nonresidential portion of a PUD may be increased to no more than 0.164 where the Board of Trustees finds that such increases in building height and/or floor area will not have an adverse impact on adjacent residential properties and will be compatible with surrounding land uses.
[Amended 11-17-1998 by L.L. No. 6-1998]
[3]
Limited retail/personal service.
[a]
A facility primarily to serve the
needs of the residents and employees of the PUD shall not exceed a
total of thirty-five hundred (3,500) gross square feet, nor exceed
30 feet in height. Such facility may include a day-care center, personal
service establishment, food and beverages establishment, convenience
store or similar uses. In no case shall there be drive-in service.
[b]
Any use or any change of use under
this subsection shall be by special permit.
[4]
Accessory uses. Garages, storage facilities,
recreational and community activities and utilities primarily serving
the site shall be permitted. No structure may exceed 30 feet in height.
[5]
Senior living facilities, excluding nursing homes, providing for a range of living accommodations, personal care services and support facilities for people who are 62 years of age or older or for couples, one of whom is at least 62 years of age. No senior living facility shall exceed 35 feet in height calculated by utilizing the weighted average of the building height measured from finished grade adjacent to the exterior walls of the building and provided that such building is at least 200 feet from a state road. The maximum density for senior living facilities shall be calculated as per the requirements of § 250-7E(2)(d)[1]. The following accessory uses shall be permitted in a senior living facility:
[Amended 11-17-1998 by L.L. No. 6-1998]
[a]
Indoor and outdoor recreation facilities,
libraries, food preparation facilities, dining facilities, laundry
and linen service facilities, specialty care services, examination
rooms, treatment rooms, nursing services, housekeeping services, security
facilities, administrative offices, staff facilities, storage and
maintenance, chapels, temporary guest lodging facilities, parking
facilities, barbershops and beauty parlors, facilities for the sale
of sundries, personal articles, newspapers, food and similar convenience
products to the residents and such other uses as are customarily associated
with and subordinate to the principal permitted uses, excluding nursing
homes.
(e)
Buffer areas.
[1]
There shall be required a buffer area around
the perimeter of the site totaling no less than 25% of the total site.
The buffer requirements may be increased or decreased by a maximum
of 20% of the computed buffer area by the Village Board after the
recommendation of the Planning Board, based upon health, welfare and
aesthetic considerations. The following shall be minimum standards
for buffer areas on the perimeter of the PUD site:
[a]
No less than 150 feet along the
property line abutting any existing road.
[b]
No less than 100 feet along the
property line abutting any district.
[c]
For projects incorporating senior
living facilities, no less than 50 feet along the property line abutting
any office development or industrial development, including airport
facilities, provided that there is adequate landscaping as determined
by the Village Board.
[Added 9-23-1997 by L.L. No. 6-1997]
[d]
Provided that adequate landscaping
and other appropriate mitigation measures are provided which, at the
sole discretion of the Village Board, satisfactorily mitigate potential
visual impacts while preserving the character of the surrounding area,
the Village Board shall have the authority to reduce the buffer in
specific areas.
[Added 9-23-1997 by L.L. No. 6-1997]
[2]
Such buffer areas shall remain in common ownership
and shall not be disturbed, except for permanent entrances/exits utilizing
minimum buffer space, signage, passive recreation, landscaping, roads
and for the provision of utilities. Parking within buffer areas shall
be permitted subject to provision of adequate screening and provided
that such parking is located at least 100 feet from the perimeter
property line of the PUD site. Notwithstanding the foregoing, parking
located within a buffer area may be owned privately and need not be
in common ownership, and the lot on which such parking is located
may extend into the buffer area up to a maximum of 50 feet. To the
extent that parking is located within a buffer area, such use of the
buffer area shall be limited to a buffer area abutting an existing
road and shall not exceed 15% of the overall length of such buffer
area.
[Amended 9-23-1997 by L.L. No. 6-1997]
(f)
Open space.
[1]
Private common space. Areas may be reserved,
together with improvements, for the use and enjoyment of the residents
or occupants of the PUD District. Where such private common property
exists, arrangements shall be made for the improvement, operation
and maintenance of such areas and facilities.
[2]
Public space. At least 10% of the total site
area shall be offered and dedicated to the Village for recreational
use or a fee in lieu of land shall be paid in accordance with the
License and Permit Fee Schedule on file in the Village Clerk's office.
Such lands may be included in the allocation of land for determining
the maximum density and intensity of land use. Such land shall be
exclusive of and in addition to areas devoted to public street, buffer
areas, park reservations, private common space and/or utilities. The
use of such land shall be approved by the Village Board after recommendation
of the Planning Board.
[Amended 8-26-2003 by L.L. No. 11-2003]
[3]
Easements and on-site improvements. Easements
and improvements such as walkways, pedestrian overpasses and underpasses
and jogging and bicycle paths shall be provided for adequate circulation,
convenience and safety.
(3)
Authority. The Village Board shall be the municipal
authority designated to grant approval for rezoning to a PUD District,
as well as the PUD concept plan, after recommendation of the Planning
Board. The Village Board shall retain the jurisdiction to waive, in
whole or in part, dimensional requirements of the Zoning Ordinance
to allow for flexibility of design in the site plan, including but
not limited to:
[Amended 7-28-2015 by L.L. No. 8-2015]
(a)
The standards and requirements set forth in § 250-7E(2)(d)[1] may be waived, in whole or in part, to permit additional floor area to be developed in such PUD development, beyond the 9,000-square-foot limit, if the development provides affordable housing equivalent to 10% in number of the market-rate dwelling units in such development, provided that such affordable housing is so restricted for a fifty-year term consistent with the 2009 Stipulation and Order of Settlement and Dismissal in the case of United States of America ex rel. Anti-Discrimination Center of Metro New York, Inc. v. Westchester County, New York, and is marketed in accordance with the terms of said settlement.
(b)
The buffer areas set forth in § 250-7E(2)(e) may be reduced where the PUD development abuts commercial office improvements.
(4)
Procedure. The applicant shall obtain approval of
rezoning to a PUD District before any permit is granted or any subdivision
plat is filed. The application and approval procedure shall consist
of two sequential review and approval phases, Phase I, PUD Concept
Plan and Rezoning, and Phase II, Subdivision and Detailed Site Plan.
(a)
Phase I: PUD Concept Plan and Rezoning.
[1]
Application. The applicant shall submit to the
Village Board 18 copies of the following:
[a]
An illustrated project plan in
a scale not less than one inch to 50 feet, showing the following information:
[i]
The location of the site in relation
to surrounding property and streets.
[ii]
Property lines, the names of all
adjoining streets and property owners and existing zoning district
boundaries.
[iii]
Existing natural and man-made
conditions on and adjacent to the site, including topographic information
and major wooded areas.
[iv]
Locations and widths of proposed
streets and pedestrian easements and ways.
[v]
A land use plan showing the proposed
uses, including open spaces, buffer areas and recreation areas, their
location, land area, density and composition.
[vi]
Provisions for parking.
[vii]
The nature and location of all
utility easements and service systems.
[viii]
A zoning comparison chart showing
the applicable zoning requirements of the underlying district and
PUD district and the proposed plan as well as any requested modifications
or variances of applicable Village laws.
[b]
A written statement containing
the following:
[i]
A text description of the proposed
plan stating how it would meet the objectives of the PUD District
and this chapter.
[ii]
The names and addresses of (as
applicable) the applicant (if other than the property owner, evidence
of authority to act shall be provided); the property owner(s); the
planner; the engineer; the architect; the surveyor; and any other
professionals engaged to work on the plan.
[iii]
The proposed methods of ownership,
control and planning by which continued future operation and maintenance
of land, buildings and facilities will be assured.
[iv]
The projected preliminary schedule
for development and phasing, if applicable.
[v]
A list of approvals required.
[2]
Review fee. An application for rezoning to PUD
District shall be accompanied by a fee as per the Schedule of Fees
on file in the Building Department.
[3]
Planning Board referral and preliminary recommendations.
[a]
Within 30 days of receipt, the Village Board shall refer the application to the Planning Board for review and report in the manner prescribed in Article IV, § 250-6H(1)(b), except as modified herein.
[b]
Within 120 days of the referral
of the application, the Planning Board shall recommend the approval,
the approval with modifications or conditions or the denial of the
PUD concept plan and rezoning to a PUD District. In making its recommendations,
the Planning Board shall set forth, in writing, its findings as to
why the application for this site is or is not consistent with the
objectives of the PUD District.
[4]
Public hearing. Within 60 days after the receipt
of the Planning Board recommendation, the Village Board shall schedule
a public hearing to be held no more than 30 days thereafter in the
manner prescribed for hearings on zoning amendments. Such public hearing
may be held in conjunction with any other public hearings which are
relevant to the application.
[5]
Decision.
[a]
The Village Board shall, by resolution,
act to approve, approve with modifications or disapprove the PUD concept
plan and rezoning.
[b]
As a condition of approval or approval
with modifications of the PUD concept plan and rezoning in the case
of a multiphased development proposal, the written resolution shall
set forth the periods of time within which applications for subdivision
and detailed site plan approval for each phase shall be filed.
[c]
Approval or approval with modifications
of the PUD concept plan and rezoning shall not waive any right of
the Village Board to a detailed review of any aspect of the proposed
development or of any site plan as required in this chapter, and the
subdivision and site plan review laws.[4]
[d]
Approval or approval with modifications
of the PUD concept plan and rezoning shall expire at the end of one
year, and the property shall revert to its prior zoning, unless:
(b)
Phase II: Subdivision and Detailed Site Plan
Application Review.
[1]
Approval of the PUD concept plan by the Village
Board or approval with modifications shall permit the applicant to
submit a subdivision and detailed site plan for review in accordance
with the PUD concept plan.
[2]
The application for subdivision and detailed
site plan approval shall be made to the Village Board and shall contain
the information normally required for subdivision and site plan[5] approvals as well as additional information which may
be required by the Village Board. Such application shall include all
necessary drawings, specifications and such details of covenants,
easements, conditions and performance bonds as were outlined at the
time of the PUD concept plan approval.
[Amended 9-9-2014 by L.L. No. 6-2014]
[3]
Planning Board referral and recommendations.
[a]
Within 30 days of receipt, the
application for subdivision and detailed site plan approval shall
be referred by the Village Board to the Planning Board for a report
and recommendations.
[b]
Within 90 days of the referral,
the Planning Board shall recommend approval of the subdivision and
detailed site plan as submitted, recommend approval subject to modifications
and conditions or recommend denial.
[c]
Said recommendations shall be in
writing and shall clearly set forth the findings upon which the Planning
Board decision was made.
[4]
Public hearing. A public hearing on an application
for approval of the subdivision and detailed site plan shall be required
and shall be scheduled within 30 days after receipt of the Planning
Board recommendation.
[5]
Decision.
[a]
The Village Board shall, by resolution,
act to approve, approve with modifications or disapprove the subdivision
and detailed site plan application.
[b]
The new PUD District and its detailed
site plan, as approved, shall be incorporated in this chapter and
shall be marked on the Village of Rye Brook Zoning Map,[6] with the date of approval. The site plan shall also be
recorded as a deed restriction applying to the area of the PUD District
in its entirety.
[6]
Editor's Note: The Zoning Map is on file in
the Village offices.
[c]
If, in the opinion of the Village
Board, the applicant fails to begin a substantial portion of the PUD
within 18 months from the date of subdivision and detailed site plan
approval or fails to diligently pursue construction of the PUD thereafter,
approval of the PUD District shall be deemed null and void, and the
property shall revert to its prior zoning unless the time period is
extended by the Village Board for a period not to exceed six months.
(c)
Application for amendment. At any time following
approval of either the PUD concept plan or subdivision and detailed
site plan and including the issuance of permits, the applicant may
apply for amendment to the previously approved plan. The Village Board
shall be the approval authority for amendments to the PUD concept
plan and, at its sole discretion, may reconsider the design of the
applicable PUD District. The Planning Board shall be the approval
authority for amendments to a PUD subdivision and detailed site plan,
except as otherwise required by this chapter under specific provisions
applicable to individual PUDs. Amendments to the concept plan, subdivision
and site plan shall follow in full the procedure and standards required
herein. However, if the approval authority for the amendment determines
that the proposed modification is a minor one, with the concurrence
of the Planning Board (as applicable), the approval authority may
waive the full procedure requirements. Nevertheless, each application
for amendment shall require a separate filing fee.
[Amended 11-17-1998 by L.L. No. 6-1998; 9-9-2014 by L.L. No. 6-2014]
(d)
Improvements or performance guaranties. As a
condition of detailed site plan approval, the applicant shall install
all site improvements or the Village shall require the posting of
adequate guaranties to insure the installation of said improvements
in the manner required by New York State Village Law and the approval
authority.
[Amended 9-9-2014 by L.L. No. 6-2014]
(e)
Maintenance. The applicant shall execute a covenant
running with the land as to the use, preservation and maintenance
of common open space, bodies of water, trees, roads and buildings.
Before the issuance of any certificates of occupancy, the covenant
shall be reviewed and approved by the Village Attorney and shall include,
but not be limited to, the following:
[1]
An association shall be established before any
building or lot is sold or transferred.
[2]
The open space restrictions shall be permanent.
[3]
The Village, if necessary, shall have the authority
to perform any maintenance work which may not have been done or improperly
done by the association and to levy the cost for such work against
the association or owner.
(f)
Miscellaneous.
[1]
In order to ensure that any application progresses
in accordance with the intent of this chapter and with other applicable
laws, rules and regulations of the Village of Rye Brook, County of
Westchester and State of New York, the approval authority may retain
consultants to evaluate the appropriateness, quality and progress
of a plan, the cost of which shall be borne by the applicant. All
referrals to federal, state, county, municipal and special districts
normally required for amendments to this chapter shall be followed
as a condition of approval.
[Amended 9-9-2014 by L.L. No. 6-2014]
[2]
Every structure or group of structures and uses
having services, facilities or utilities in common ownership shall
be located upon its own lot which shall be fully dimensioned, designated
by use and legally recorded in the offices of the Village Clerk and
the Westchester County Clerk.
[3]
This section shall not invalidate any PUDs existing
prior to the date this section shall become effective.
(5)
Arbors
Planned Unit Development. The following regulations shall apply within
the Arbors Residential Development:
[Added 3-21-2013 by L.L. No. 2-2013]
(a)
Building permit and certificate of occupancy required. No building or structure shall be erected, enlarged, structurally altered or moved until a permit therefor has been issued by the Building Inspector pursuant to the provisions of § 250-9 of this chapter. It shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the Building Inspector pursuant to the provisions of § 250-10 of this chapter. All provisions of Chapter 91 and Article V of this chapter shall apply.
(b)
Amended site plan approval required for Arbors PUD. Prior to the
issuance of a building permit or any other required permits or approvals,
an application for amendment of the existing Arbors PUD Site Plan
shall be submitted for review and approval by the Board of Trustees
for any one of the following land development activities:
[1]
Interior or exterior alterations that modify the availability of
on-street or off-street parking, including but not limited to the
modification of garages which results in the elimination of one or
more off-street parking spaces. For the purposes of this subsection,
an application for amendment of the existing Arbors PUD Site Plan
shall mean one submitted by the Arbors HOA.
[2]
Roadway layout modifications, including modifications to the emergency
access road located within the Arbors PUD that leads to Meadowlark
Road and including modifications to the footpath extending from Meadowlark
Road to property owned by the Blind Brook-Rye Union Free School District,
except for repair and replacement in-kind as determined by the Building
Inspector.
[3]
On common property, construction or placement of structures greater than 120 square feet in total floor area and greater than eight feet in height as measured from the average grade around the structure to the highest point, subject to § 250-7E(5)(d) of this chapter.
(c)
Site plan approval required for individual lots. Prior to the issuance of a building permit or any other required permits or approvals, a site plan application shall be submitted for review and approval by the Planning Board for any net increase of 400 square feet or more of impervious surface coverage on properties which are not tributary to the Arbors stormwater detention basin. A table of properties which have been deemed to be non-tributary to the Arbors stormwater detention basin as shown on the plan entitled “Lots Non-Tributary to Existing Drainage Basin," dated September 12, 2012, on file in the Village of Rye Brook Building Department, is included at the end of this chapter.[7]
[Amended 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
[1]
Exceptions. Review and approval of a site plan application shall
not be required under the following circumstances:
[a]
Demonstration by the property owner to the satisfaction of the Superintendent
of Public Works/Village Engineer that drainage from the work area
of the proposed improvement is tributary to the Arbors stormwater
detention basin; or
[b]
Replacement in-kind, as determined by the Building Inspector, of
a structure shown on the approved Arbors PUD Site Plan, dated September
11, 2012; or
[c]
Legalization of an existing structure shown on the approved Arbors
PUD Site Plan, dated September 11, 2012.
[2]
If approved, a site plan for an individual lot shall become a rider
to the overall Arbors PUD Site Plan.
[7]
Editor's Note: Said table is on file in the Village offices.
(d)
Stormwater management plan required. Review and approval of a stormwater management plan pursuant to the provisions of Chapter 217 shall be required for any land development activity involving a net increase of 400 square feet or more of impervious surface coverage, except where the property owner can demonstrate to the satisfaction of the Village Superintendent of Public Works/Village Engineer that the drainage from the work area of the proposed improvement is tributary to the Arbors stormwater detention basin, and each of the conditions set forth at § 250-7E(5)(d)[1] is satisfied. A table of properties which have been deemed to be non-tributary to the Arbors stormwater detention basin as shown on the plan entitled “Lots Non-Tributary to Existing Drainage Basin," dated September 12, 2012, on file in the Village of Rye Brook Building Department, is included at the end of this chapter.[8]
[Amended 10-27-2020 by L.L. No. 9-2020; 11-16-2020 by L.L. No. 10-2020]
[1]
Exceptions. Review and approval of a stormwater management plan shall
not be required for properties that are tributary to the Arbors stormwater
detention basin, provided each of the following conditions is satisfied:
[a]
The Arbors Homeowners Association has submitted to the Village the
following documents no later than January 1 of each year:
[i]
Written certification of compliance with the applicable New
York State Department of Environmental Conservation MS4 requirements;
and
[ii]
Written statement of the amount of impervious surface coverage that has been added to the portions of the Arbors property that are tributary to the Arbors stormwater detention basin since the adoption of this Subsection E(5); and
[iii]
Identification of the total number and square footage of each
accessory structure placed on Arbors common property which is less
than 120 square feet in total floor area and less than eight feet
in height as measured from the average grade around the structure
to the highest point; and
[2]
If either of the requirements in § 250-7E(5)(d)[1] is not satisfied, review and approval of a stormwater management plan pursuant to the provisions of Chapter 217 shall be required.
[8]
Editor's Note: Said table is on file in the Village offices.
(e)
Architectural Review Board approval required. Except where windows are being replaced in-kind where the window opening is not modified or otherwise changed, review and approval by the Village of Rye Brook Architectural Review Board pursuant to the provisions of Chapter 8 of the Village Code is required for every application for a permit for the construction, reconstruction or alteration of, or addition to, the exterior of any building, accessory building, structure or sign, where such work is proposed within the side or rear yard of any of the properties located along the perimeter of the Arbors PUD near Hillandale Road or Meadowlark Road, as identified in the Table of The Arbors Units Requiring Architectural Review included at the end of this chapter.[9]
[9]
Editor's Note: Said table is on file in the Village offices.
(6)
900 King Street Planned Unit Development. The following regulations
shall apply within the 900 King Street Planned Unit Development:
[Added 1-26-2021 by L.L.
No. 3-2021]
(a)
Permitted uses.
[1]
Senior living facilities, excluding nursing homes, providing
for a range of living accommodations, personal care services, and
support facilities. No senior living facility shall exceed 45 feet
or four stories in height, calculated by utilizing the weighted average
of the building height measured from the finished grade adjacent to
the exterior walls of the building, and provided that such building
is at least 175 feet from a state road. In recognition of the generally
lower impacts from such facilities, the maximum density for senior
living facilities shall be as follows: up to 19,500 square feet of
floor area per gross acre, but in no case shall the total number of
dwelling units exceed 8.3 units per gross acre, nor shall the total
number of assisted living facility units exceed 4.8 units per gross
acre. The following accessory uses shall be permitted in a senior
living facility:
[a]
Indoor and outdoor recreation facilities, libraries,
food preparation facilities, dining facilities, laundry and linen
service facilities, specialty care services, examination rooms, treatment
rooms, nursing services, housekeeping services, security facilities,
administrative offices, staff facilities, storage and maintenance,
chapels, temporary guest lodging facilities, parking facilities, barbershops
and beauty parlors, facilities for the sale of sundries, personal
articles, newspapers, food and similar convenience products to the
residents and such other uses as are customarily associated with and
subordinate to the principal permitted uses, excluding nursing homes.
(b)
Bulk and area requirements.
[1]
Minimum lot size: 17 acres.
[2]
Minimum yard dimensions:
[a]
Front: 42 feet.
[b]
Side: 84 feet.
[c]
Rear: 30 feet.
[d]
Parking adjacent to a nonresidential use: 25 feet.
[e]
Consistent with § 250-7E(2)(e)[1][d], site plans conforming to the yard requirements in Subsection E(6)(b)[2][a] through [d], above, shall be deemed to provide a sufficient buffer as required by § 250-7E(2)(e).
[f]
Notwithstanding, any building greater than 40 feet
in height, as measured in this section, must be a minimum of 475 feet
from the western property line interior to the PUD.
[3]
Maximum gross land coverage (percentage of land area covered
by the combined areas of all buildings, structures, and paved areas):
40%.
[4]
Parking requirements for senior living facilities:
[a]
Townhouses (attached and detached single-family
and two-family dwelling units): two spaces per dwelling unit, plus
1/2 space per dwelling unit for guests.
[b]
Multifamily: one space per dwelling unit.
[c]
Assisted living facilities: 1/2 space per unit.
[d]
Where the Village Board determines the immediate
use of any property may not require the full improvement of all off-street
parking, including any off-street parking the Village Board may require
in excess of the applicable parking requirements, the Village Board
may waive the improvement of such spaces that are not immediately
necessary, provided:
[i]
The total number of spaces is shown on the approved
plan;
[ii]
The area not to be improved is reserved for future
use (if and when needed);
[iii]
Satisfactory guaranties, approved by the Village
Attorney, are given for the eventual improvement of any such spaces
which may have been waived within six months of the date of written
notification to the property owner of a copy of the Village Board
resolution deeming that such spaces, or a portion thereof, have become
necessary and must be constructed, which guaranties shall be recorded
by the property owner in the Westchester County Clerk's office.
[5]
Exterior lighting or other illumination shall be permitted,
provided that the light source shall be shielded from any adjacent
residence district or public street.
[6]
A detailed planting plan to buffer adjoining properties shall
be submitted as part of the site plan application.
F.
Scenic Roads Overlay District.
[Added 8-10-2004 by L.L. No. 13-2004; amended 2-23-2010 by L.L. No. 2-2010]
(1)
Purpose. The Scenic Roads Overlay District is hereby established
for the purpose of preserving the Village of Rye Brook's historic
resources, stone walls, natural features and views from its roadways
and other public areas by guiding new development away from those
areas and onto lands which are not as scenic and historically significant.
The view experienced from these areas contributes significantly to
the overall rural character of the Village, an attribute the community
seeks to preserve and enhance while accommodating growth and change.
(2)
Objectives. Where development occurs in sensitive scenic areas, the
Village wishes to assure that such development is consistent with
the objective of maintaining the existing scenic character of such
areas to the greatest extent practicable. Specifically, the Village
finds:
(a)
That the character of scenic roads is a critical feature of
the Village of Rye Brook whose preservation enriches and benefits
the quality of life experienced by its residents;
(b)
That it is desirable to protect and preserve scenic views as
well as sensitive natural features on the scenic roads, including,
but not limited to, stone walls, geological formations, historic architectural
artifacts and significant vegetation;
(c)
That new development and redevelopment in the Village should
be designed so as to not diminish scenic landscapes and natural areas
along these corridors and should be reviewed by the Architectural
Review Board, Planning Board and Tree Preservation Committee;
(d)
That preservation of these features, while providing for appropriate
development, can only be achieved by encouraging flexibility in the
design of land use and development projects;
(e)
That landscape planning should be an integral component of all
subdivision and site plan review and approval.
(3)
Authority. Pursuant to Article Two, § 10, of the New York
State Municipal Home Rule Law, the Village of Rye Brook hereby enacts
Scenic Roads Overlay Districts.
(4)
Zoning District Map. The location and boundaries of the Scenic Roads
Overlay Districts are set forth on the Zoning Map, Village of Rye
Brook. Said map, together with all explanatory matter thereon and
all amendments thereto, including specifically the overlay map prepared
by F.P. Clark on February 17, 2004, to place certain road segments
depicted thereon in said Scenic Overlay District, is hereby adopted
and declared to be a pertinent part of this section. Said map shall
be kept up to date and shall be on file in the Village Clerk's office
for the use and benefit of the public.
(5)
Where site plan review is required.
(a)
In order to grant site plan approval for a proposed structure,
all approving authorities having jurisdiction must find that such
structure or alteration is architecturally compatible with surrounding
structures and that the important scenic and natural features of the
site will be preserved.
(b)
To the maximum extent practicable, all structures to be built on a tract of land that includes land within the Scenic Roads Overlay District shall be sited or clustered on the land in such a way as to avoid occupying or obstructing views of landscape features in the district. One method by which the Village can achieve these objectives is through the establishment of a conservation easement in accordance with the provisions of Chapter 105 of the Village Code on a portion of the subject property to be developed.
(c)
Properties within any residential, business, commercial or industrial
zoning district with existing structures and buildings shall not be
precluded from applying conservation easements to undeveloped portions
of such properties, provided that the property for which the easement
is sought contributes to the preservation of historic or scenic resources
or natural features within the Scenic Roads Overlay District.
(6)
Criteria for review and approval. The additional regulations set
forth below supplement, but do not replace, the use and bulk regulations
otherwise applicable to the underlying zoning districts. In all residential
districts, the minimum front yard setback shall be determined by the
requirements of the Scenic Roads Overlay District or the height/setback
ratio of the underlying zoning district, whichever is more restrictive.
[Amended 9-10-2013 by L.L. No. 6-2013]
(a)
The structure or alteration shall be architecturally compatible
with surrounding structures and the important scenic and natural features
of the site shall be preserved.
(b)
The minimum front yard setback requirement for all structures,
as set forth for the underlying zoning district, shall be increased
by a factor of 1.5, except that the front yard setbacks of all structures
either existing or for which a building permit had been issued at
the time of the adoption of the Scenic Roads Overlay District on August
10, 2004, shall be deemed to be in conformance with the Scenic Roads
Overlay District front yard setback requirement. Notwithstanding any
other provision of this chapter, in the case of a lot abutting two
or more streets, the increased front yard setback requirement shall
apply only to front yards abutting a street located within the Scenic
Roads Overlay District.
(c)
A thirty-five-foot-wide area, measured perpendicularly from
the front property line and running the length of the lot frontage
shall remain as a vegetative buffer. Notwithstanding any other provision
of this chapter, in the case of a lot abutting two or more streets,
the vegetative buffer requirement shall apply only to frontages abutting
a street located within the Scenic Roads Overlay District. The front
yard buffer shall be managed by the property owner in a way that preserves
significant, healthy existing vegetation, plant specimens, landforms
and water features and nurtures tree planting and other natural landscaping
efforts; creates a dense landscaped buffer; preserves stone walls
or other architectural features; and/or ensures the protection of
visual buffers. Where existing trees and vegetation are proposed to
be removed, sufficient landscaping and tree planting will be undertaken
to mitigate visual impacts and the loss of existing vegetation.
[1]
Use of native species shall be encouraged.
[2]
Landscape and plantings shall be used to screen structures and
parking areas visible from the road. Trees should be planted in random
clusters, not in rows, to complement the appearance of natural tree
stands. The relative heights of trees at planting should be proportional
to their relative heights at maturity.
(d)
A conservation easement may be placed on the thirty-five-foot-wide
front yard buffer to protect the vegetative buffer.
(e)
Existing natural and constructed features, including but not
limited to, rock outcrops, stonewalls, gates, and entrance piers will
be preserved and incorporated into development plans. If new stonewalls
are to be erected, they will match, as closely as possible, existing
masonry, stone type and wall heights of existing walls.
(f)
Any new utility equipment installed within a designated road shall be properly screened so as to insure the character and continuity of the road is not compromised in accordance with § 215-5 of the Village Code.
(g)
Parking areas shall not be located within the front yard buffer
and shall be placed to minimize encroachment upon areas and terrain
that have qualities of natural beauty.
(h)
Any grading or earth moving operation shall be conducted so
that the final, postdevelopment contours appear to be consistent with
the predevelopment terrain, both on and adjacent to building sites.
Within the front yard landscape buffer, existing grade shall not be
altered.
