No building or premises shall be used and no
building or part of a building shall be erected which is arranged,
intended or designed to be used, in whole or in part, for any purpose,
except the following:
A.
Detached one-family dwelling not to exceed one such
dwelling on each lot, including the renting out of not more than one
room.
[Amended 12-7-2015 by L.L. No. 11-2015]
B.
Accessory uses limited to the following:
[Amended 7-8-1960; 6-10-1961; 7-11-1974; 2-18-1992 by L.L. No. 4-1992; 3-30-1994 by L.L. No. 4-1994]
(1)
Home occupations not having customers, clients or other persons who
visit the premises for business purposes (other than occasionally),
provided that:
[Amended 7-16-2018 by L.L. No. 8-2018]
(a)
The home occupation is carried on by a resident of the premises.
(b)
The home occupation is clearly incidental and subordinate to
the residential use of the premises.
(c)
Not more than the equivalent of one nonresident full-time employee,
associate, or assistant shall be permitted.
(d)
The home occupation is not carried on in the area outside of
the dwelling unit and any accessory building.
(e)
There is no display of goods, supplies or advertising visible from any street with the exception of one sign permitted under Subsection B(1)(f) below, and there is no outdoor storage of goods or supplies.
(f)
The following sign is permitted without a sign permit: A sign,
no larger than one square foot in surface area, identifying the permitted
home occupation.
(g)
Delivery or pickup of parcels is not significantly different
from what would be expected for a residence without such home occupation.
(h)
There is no offensive: noise, vibration, smoke, dust, odor or
other emission and no lighting or heat generated by the home occupation
noticeable to persons on nearby premises; and there is no electrical,
television or radio interference to neighboring properties and no
storage for sale or sale of dangerous materials.
(i)
The home occupation does not add significantly to the quantity
of waste material that would be expected for a residence without such
home occupation.
(j)
The home occupation shall not discharge into any sewer, drain
or the ground any material other than domestic sanitary sewage or
any material that is radioactive, poisonous, detrimental to normal
sewer plant operation or corrosive to sewer or stormwater pipes and
installations.
(k)
Such occupation shall in no manner change the residential character
of the dwelling unit.
(2)
Children's
outdoor recreational apparatus.
[Added 5-16-2022 by L.L. No. 4-2022]
(4)
Garden house, toolhouse, playhouse, private garage
or similar building customarily incidental to the residential use
of the premises. Except for permitted home occupations and accessory
apartments, such accessory building shall not be operated for gain.
[Amended 5-21-2018 by L.L. No. 7-2018]
(5)
Off-street parking facilities serving the permitted
principal and accessory uses on the lot.
[Amended 5-21-2018 by L.L. No. 7-2018]
(6)
The keeping of a reasonable number of customary household
pets and not more than one horse or one cow on each three acres of
land but excluding the commercial breeding of animals.
(9)
Fences or garden walls.
(11)
Outbuildings.
[Added 10-18-1999 by L.L. No. 3-1999[4]]
(a)
On single-family lots of at least 60,000 square
feet, an outbuilding may be used as a second residence by either a
son or daughter of the owner-residents of the primary dwelling; or
the parents of the owner-residents of the primary dwelling. Use shall
be limited to those occupants only. The use of an outbuilding as a
second residence shall be permitted only if the principal residence
is used as the primary family residence of the owner. Under no circumstances
shall an outbuilding serve as a primary residence. The building envelope
and height of existing outbuildings shall not be increased and/or
expanded. Renting of the outbuilding is prohibited. For lots containing
two or more outbuildings, only one outbuilding may be used as a second
residence.
(b)
Approval. Permission to use the outbuilding as a second residence as described in Subsection B(8)(a) above shall be obtained from the Building Inspector and shall be in accordance with all applicable laws, rules and regulations. The owner-occupant of the primary residence must comply with the provisions of § 224-90 and § 224-91 of this chapter prior to any occupancy of the outbuilding. Failure to comply with this section shall subject the owner-occupant of the building or premises to the penalties set forth in § 224-95 of this chapter.
[4]
Editor's Note: This local law also renumbered
former Subsection B(7) as B(8).
(12)
Solar
energy equipment, provided that it is used only to provide power for
use: a) by owners, lessees, tenants, residents or other occupants
of the premises on which it is erected; and b) at the premises on
which it is erected. Nothing contained in this provision shall be
construed to prohibit the sale of excess power through a “net
billing” or similar program in accordance with New York Public
Service Law § 66-j or similar New York State or federal
statute.
[5]
Editor's Note: This local law also renumbered former Subsection
B(9) and (10) as Subsection B(10) and (11), respectively.
(14)
In-law
apartments. A single-family residence may contain an additional living
area, including a kitchen, solely for the use of a family member or
caregiver (and his or her family) of an occupant of the single-family
residence, provided that:
[Added 7-20-2016 by L.L.
No. 6-2016[7]]
(a)
The in-law apartment must be located within the principal dwelling,
not an accessory structure, and there must be an unobstructed passageway
between the in-law apartment and the main dwelling unit.
(b)
For purposes of this section, the term "family member" shall include
persons related by blood, marriage or adoption.
(c)
The owner or lessee of the single-family residence must occupy either
the main dwelling unit or the in-law apartment as a principal residence.
(d)
Only one in-law apartment is permitted per single-family residence.
(e)
The single-family residence may not contain an accessory apartment.
(f)
No exterior changes shall be made to the single-family residence
that would alter the single-family character and appearance of the
residence.
(g)
The main dwelling unit and the in-law apartment must share common
water, sewer and electric facilities.
(h)
The single-family residence must be lawfully existing and in compliance
with this Zoning Code, the New York State Uniform Fire Prevention
and Building Code, and the Property Maintenance Code of New York State.
(i)
No violations of the Irvington Code shall exist at the time of application
for an in-law apartment approval.
(j)
The owner of the single-family residence must file a registration form with the Village Clerk containing: 1) an affidavit stating compliance with Subsection B(14)(a) through (i) above; and 2) a signed statement by the Building Inspector that s/he has inspected the proposed in-law apartment and that it complies with Subsection B(14)(a) and (c) through (i) above. Such form must be accompanied by the fee provided in Chapter 114.
(k)
In the event that a residence with an in-law apartment is sold or transferred, the new owner or lessee may, within 90 days from the taking of title or leasehold, file a registration form with the Village Clerk containing the statements described in Subsection B(14)(j) above. Should a new owner or lessee maintain an in-law apartment but fail to file the registration form within 90 days from the taking of title or leasehold, s/he shall be deemed in violation of this chapter.
[7]
Editor's Note: This local law also renumbered former Subsection
B(9) as Subsection B(10).
C.
Adaptive reuse of historic buildings. Subject to the issuance of a special permit by the Board of Trustees in accordance with §§ 224-8E and F, a building listed on the National Register of Historic Places or designated as a local landmark by the Village of Irvington, pursuant to Chapter 144 of the Village Code, may be used as an historical, educational and/or cultural facility, including, but not limited to, tours, meeting rooms and classrooms, exhibition and archival space, gift shop space, kitchen facilities and office space accessory to the historic, educational and/or cultural use. Such use may be in addition to a permitted residential use.
[Added 11-4-1963; amended 11-18-2013 by L.L. No.
15-2013; 12-17-2018 by L.L. No. 13-2018]
D.
The following uses, subject to the issuance of a special permit by the Planning Board in accordance with the provisions of § 224-8E and F hereof:
[Amended 2-27-1989 by L.L. No. 3-1989; 7-8-1960; 12-5-1977; 3-15-1993 by L.L. No. 1-1993; 2-24-2003 by L.L. No. 2-2003; 3-7-2016 by L.L. No. 1-2016[8]; 7-16-2018 by L.L.
No. 8-2018; 10-15-2018 by L.L. No. 12-2018; 1-7-2019 by L.L. No. 1-2019]
(1)
Places of worship, including parish houses and religious
school buildings, schools, public libraries, museums, art galleries
or community center buildings, subject to the following requirements:
(a)
Notwithstanding any other provision contained
in this chapter, no building shall exceed a height of 35 feet nor
shall the number of stories at any point along the periphery of such
building exceed three. Chimneys, flues, towers, bulkheads, spires
and other decorative features shall be exempt from the provision of
this subsection, provided that they occupy not more than 20% of the
ground-floor area of the building of which they are a part.
(b)
No building or part thereof shall be erected
nearer than 50 feet to any street line nor nearer than a distance
equal to three times the height of such building to any property line
other than a street line.
(c)
The sum of all areas covered by all principal
and accessory buildings shall not exceed 15% of the area of the lot.
(d)
Accessory uses which do not constitute an integral
part of the social, religious or instructional purposes of the main
building or buildings are prohibited.
(2)
Annual membership clubs, incorporated pursuant to
the provisions of the Not-for-Profit Corporation Law, catering exclusively
to members and their guests and subject to the following requirements:
(a)
Exterior lighting shall be limited to the minimum
necessary for the safety and convenience of the users of the premises.
(b)
No building or part thereof shall be erected
nearer than 50 feet to any street line nor nearer than a distance
equal to at least 50 feet but not less than three times the height
of such building to any property line other than a street line.
(c)
The sum of all areas covered by all principal
and accessory buildings shall not exceed 15% of the area of the lot.
(3)
Buildings used for noncommercial horticultural or
agricultural purposes, provided that no greenhouse heating plant shall
be operated within a distance of 25 feet of any lot line, and no fertilizer
shall be stored within a distance of 50 feet of any lot line.
(4)
In One-Family Residence 1F-10 Districts, but only
on lots having frontage on Broadway, or in any other one-family residence
districts, but only on lots having at least 700 feet of frontage on
Broadway between Main Street and Clinton Avenue and an area of not
less than four acres, the following uses:
(a)
Research and development laboratories and offices
in connection therewith.
(b)
Insurance underwriting of records and such further
office work as may be incidental to the carrying on of the business
of insurance risks of every kind under the laws of the several states
and of the United States relating thereto.
(c)
Maintenance of editorial departments and business
offices in connection with the publishing of books, magazines, newspapers,
etc., but not including printing or binding or any mechanical processes.
(d)
Offices maintained only for the keeping of fiscal
records or for statistical work.
(e)
Office buildings of a proprietary character
occupied by a single owner or tenant, including subsidiaries or affiliates
of such owner or tenant as and for corporate headquarters, business
and executive offices, research and development laboratories and any
use incidental thereto; provided, however, that no research laboratory
shall be permitted which may cause offensive noises, gases, fumes,
odors or vibrations beyond the boundaries of its parcel; nor which
involves any operations which present a hazard to the general public;
nor which discharges waste products in any manner whatsoever of a
character creating a nuisance, and further provided that there shall
be no animal quarters other than in their principal building or in
a fully enclosed accessory building.
(5)
Private parks, playgrounds and dock or boat-landing
facilities in connection with which no commercial activities are carried
on.
(7)
Accessory home occupations. Home occupations having employees, customers,
clients or other persons who visit the premises for business reasons,
subject to the following requirements:
(a)
The home occupation is carried on by a resident of the premises.
(b)
The home occupation is clearly incidental and subordinate to
the residential use of the premises.
(c)
The home occupation is not carried on in the area outside of
the dwelling unit and any accessory building.
(d)
There is no display of goods, supplies or advertising visible from any street with the exception of one sign permitted under Subsection D(7)(e) below, and there is no outdoor storage of goods or supplies.
(e)
The following sign is permitted without a sign permit: a sign,
no larger than one square foot in surface area, identifying the permitted
home occupation.
(f)
Delivery or pickup of parcels is not significantly different
from what would be expected for a residence without such home occupation.
(g)
There is no: offensive noise, vibration, smoke, dust, odor or
other emission and no lighting or heat generated by the home occupation
noticeable to persons on nearby premises; and there is no electrical,
television or radio interference to neighboring properties and no
storage for sale or sale of dangerous materials.
(h)
Any music, dance, theater, or similar studio shall be equipped
and used in such a manner that sounds therefrom shall not be unduly
annoying to other persons on nearby premises or public places.
(i)
The home occupation does not add significantly to the quantity
of waste material that would be expected for a residence without such
home occupation.
(j)
The home occupation shall not discharge into any sewer, drain
or the ground any material other than domestic sanitary sewage or
any material that is radioactive, poisonous, detrimental to normal
sewer plant operation or corrosive to sewer or stormwater pipes and
installations.
(k)
Such occupation shall in no manner change the residential character
of the dwelling unit.
(l)
Adequate parking shall be available for the home occupation
so that it will not result in insufficient parking for neighboring
residents. The Planning Board shall determine whether off-street parking
spaces are necessary and, if so, the number of spaces that must be
provided, their location on the lot and the screening that must be
provided.
(m)
Among the conditions and safeguards the Planning Board may attach to the special permit pursuant to § 224-8E are:
[1]
The time of day and days of the week when patients, clients,
customers or students may visit the premises and the frequency of
such visits.
[2]
The number of employees or other persons that may be employed
or engaged at the office, place of business or studio.
[3]
The length of time for which the special permit is issued.
(8)
On lots fronting on Broadway, bed-and-breakfast establishments, subject
to the following requirements:
(a)
The outward appearance shall be that of a one-family dwelling,
and there shall be no indication of the bed-and-breakfast establishment
from the exterior of the building, except for a sign conforming with
this chapter.
(b)
The operator of the bed-and-breakfast establishment shall be
the owner of the premises and a full-time resident of the premises
or of an adjacent property.
(c)
The maximum number of bedrooms that may be available to overnight
guests shall be five. The Planning Board, in its review of the special
permit application, shall determine and limit the number of bedrooms
that may be made available.
(d)
The maximum length of stay for any guest in a bed-and-breakfast
establishment shall be 15 nights.
(e)
Meal service shall be limited to a morning meal served to only
overnight guests of the bed-and-breakfast establishment. Snacks and
beverages are not considered meals.
(f)
Cooking facilities, other than an electric coffee pot, are not
permitted in guest rooms.
(g)
The residence in which a bed-and-breakfast establishment is
operated shall not contain an accessory apartment.
(h)
Parking requirements.
[1]
No fewer than one off-street parking space shall be provided
per bedroom designated as available for overnight guests. Said parking
shall be in addition to the parking required for the single-family
dwelling. Parking need not be located on the same lot as the bed-and-breakfast.
[2]
The Planning Board shall determine that the required number
of parking spaces can be provided in a safe manner and so as to not
be a nuisance or burden for residents of adjacent and surrounding
lots.
[3]
Off-street parking shall be suitably screened from adjacent
residential properties.
(i)
Signs. One freestanding indirectly illuminated identification
sign shall be permitted designating a dwelling as a bed-and-breakfast
establishment. The size of the sign shall not exceed four square feet
per side and shall be placed at least 10 feet from any property line.
(j)
The applicant shall demonstrate that the proposed bed-and-breakfast
establishment complies with the New York State Uniform Fire Prevention
and Building Code and all other applicable codes and regulations.
(k)
A bed-and-breakfast establishment is subject to periodic inspections
by the Building Department and Fire Inspector to ensure continued
compliance with all applicable codes.
(l)
A special permit for a bed-and-breakfast establishment shall
be granted for an initial two-year period and may be renewed for additional
five-year periods.
(m)
Any violations of this subsection shall be enforced as provided in § 95-12 of the Code of the Village of Irvington. In addition, the Board of Trustees is authorized to revoke the special permit of any bed-and-breakfast establishment that persistently violates the requirements of this subsection or of the special permit, in accordance with the following procedures:
[1]
If the Board of Trustees finds that there may be persistent
violations of the requirements of this subsection, it shall hold a
public hearing on the violations.
[2]
Notice of the hearing shall be given to the operator of the
bed-and-breakfast establishment at least 15 days before the date of
the hearing.
[3]
In addition, notice of the hearing shall be published in the
official newspaper of the Village at least 10 days before the date
of the hearing.
[4]
The decision of the Board of Trustees on revocation of the special
permit shall be by resolution. The decision of the Board of Trustees
shall be final.
[8]
Editor’s Note: This local law also repealed former Subsection
D(6), Special permit allowing below-market-rate housing in 1F-10 Zones,
added 11-5-1993 by L.L. No. 8-1993.
E.
Considerations in granting special permits.
[Amended 7-8-1960; 2-27-1989 by L.L. No. 3-1989; 5-20-1996 by L.L. No. 3-1996; 12-17-2018 by L.L. No. 13-2018]
(1)
No special permit shall be authorized except upon findings by the
reviewing Board that:
(a)
The proposed use shall be consistent with the Comprehensive
Plan.
(b)
All existing and proposed structures, equipment and material
shall be readily accessible for fire and police protection, and shall
comply with the New York State Uniform Fire Prevention and Building
Code.
(c)
The proposed use shall be of such location, size and character
that it will be in harmony with the existing and future development
of the district in which it is proposed to be situated and will not
be detrimental to the development or use of adjacent properties in
accordance with the zoning classifications of such properties.
(d)
The location and size of the proposed use, the nature and intensity
of operations involved in or conducted in connection therewith, its
site layout and its relation to access streets shall be such that
both pedestrian and vehicular traffic to and from the use and the
assembly of persons in connection therewith will not be hazardous
or inconvenient to or incongruous with the residential district in
which it is to be located or conflict with the normal traffic of the
neighborhood.
(e)
The location and height of buildings, the location, nature and
height of walls and fences, and the nature and extent of landscaping
on the site shall be such that the use will not hinder or discourage
the appropriate development and use of adjacent land and buildings
or impair the value thereof.
(f)
Adequate off-street parking must be provided for the size and
type of activity proposed. Parking may be provided on site or on an
abutting or reasonably nearby site.
(2)
In considering and authorizing issuance of a special permit, the
reviewing Board may attach such conditions and safeguards and require
such assurances from the applicant as a precondition to such permit
as in its opinion will further the general purpose and intent of this
chapter and the Comprehensive Land Use Plan and be in harmony therewith.
F.
Procedure on Planning Board and Board of Trustees consideration of
special permits pursuant to this chapter.
[Added 8-6-1990 by L.L.
No. 13-1990; amended 3-15-1993 by L.L. No. 1-1993; 8-18-2003 by L.L. No. 20-2003; 4-7-2014 by L.L. No. 10-2014; 3-7-2016 by L.L. No. 1-2016; 12-17-2018 by L.L. No. 13-2018]
(1)
Every application shall include a detailed description of the proposed
use, including days and hours of operation, number of people who are
expected to visit the site at various times, and the number of people,
if any, who will reside at the site.
(2)
Every application for a special permit shall be accompanied by a
plot plan showing the proposed structure, as well as any other existing
or proposed structures, the height thereof and all yards, access driveways,
off-street parking, planting and screening.
(3)
The reviewing Board may require the applicant to provide a parking
study demonstrating the parking demand for the proposed use based
on data from the Institute of Traffic Engineers (ITE), field data
for similar uses and other appropriate source material.
(4)
In authorizing the issuance of a special permit, the reviewing Board
shall attach such conditions and safeguards as may be required in
order that the result of its action may, to the maximum extent possible,
further the general objectives of this chapter.
(5)
The reviewing Board may require that special permits be periodically
renewed. Such renewal shall be granted following due public notice
and hearing and may be withheld only upon a determination by the Building
Inspector or Village Administrator to the effect that such conditions
as may have been prescribed by the reviewing Board in conjunction
with the issuance of the original permit have not been or are being
no longer complied with. In such cases a period of 60 days shall be
granted the applicant for full compliance prior to the revocation
of said permit. Any use for which a special permit may be granted
shall be deemed to be a conforming use in the district in which such
use is located, provided that:
(6)
The reviewing Board may authorize the issuance by the Building Inspector
of a temporary special permit for any use specified as permissible
under such temporary permit in this chapter, subject to adequate guaranties
that such use will be determined and removed at the end of the period
specified or such extension thereof as may be granted upon application
by said Board after due notice and public hearing. In undeveloped
areas and subject to the same guaranties, the reviewing Board may
also authorize the issuance of a temporary permit for not more than
one year's duration for a structure or use not permitted by this chapter
in the district in which it is to be located if such structure or
use is deemed by the Board to be promotive of the development of such
areas.
(7)
Public notice and hearing; additional requirements.
(a)
A public hearing shall be held by the Planning Board or the
Board of Trustees on every special permit application made to it.
A notice of such hearing and of the substance of the application shall
be given by publication in the official newspaper of the Village at
least 15 days before the date of such hearing, except that at least
30 days' notice shall be given of any hearing scheduled to be held
during the months of June, July and August. The applicant shall be
required to notify any property owners within 200 feet of the subject
property by a method of mail or a delivery service company providing
proof of mailing or delivery or by personal service of such notice
on the property owners and obtain their signature as acknowledgment
of receipt of such notice on a form supplied or similar to one supplied
by the Village Clerk and shall, on or before the date of the public
hearing, file with the reviewing Board a verified statement that such
property owners were so notified. Should the Board deem an area beyond
200 feet of the subject property to be affected, it may require the
notification of property owners within not more than 300 feet thereof.
(b)
In addition to the notice required by Subsection F7(a), the
applicant shall erect a sign facing each public street on which the
property abuts, giving notice that an application has been made. The
sign, on a placard to be provided by the Village, shall be posted
not less than 10 days immediately preceding the hearing date and shall
be displayed continuously until the application is decided. The sign
shall not be set back more than 10 feet from any property or street
line and shall be placed to assure visibility from the street. Prior
to the public hearing, the applicant shall provide proof that the
sign was posted as required by this subsection. The applicant shall
remove the sign the day after the application is decided.
(c)
At least 10 days before the date of any public hearing, the
Village Clerk shall transmit to the Secretary of the Zoning Board
of Appeals a copy of any application, together with a copy of the
notice of such hearing. If the land involved in the application lies
within 500 feet of the boundary of any other municipality, the Village
Clerk shall transmit to the Municipal Clerk of such other municipality
a copy of the official notice of the public hearing thereon not later
than the day after such notice appears in the official newspaper of
the Village.
(d)
The Zoning Board of Appeals may submit an advisory opinion on
said application at any time prior to the rendering of a decision
by the Planning Board or the Board of Trustees.
(e)
Unless work is commenced and diligently prosecuted within one
year of the date of the granting of the special permit, such special
permit shall become null and void.
(f)
All applications for a special permit shall be in writing and shall be accompanied by a fee as set forth in Chapter 114.
(g)
Every application shall refer to the specific provision of this
chapter involved and shall exactly set forth the permission that is
claimed, the use for which the special permit is sought and the grounds
on which it is claimed that the special permit should be granted,
as the case may be.
(h)
Every decision on a special permit application shall be by resolution,
shall be recorded, shall fully set forth the circumstances of the
case and shall contain a full record of the findings on which the
decision is based.
G.
Revocation of special permits.
[Added 10-7-1996 by L.L.
No. 4-1996; amended 8-18-2003 by L.L. No. 20-2003; 12-17-2018 by L.L. No. 13-2018]
(1)
A special permit will be deemed to have been revoked and not in effect
if more than 20 days have passed after notification to the owner of
record of the real property by the Village that the terms of the special
permit have been violated or that there are delinquencies in the payment
of real property taxes. The notification shall be made, in writing,
and sent by certified mail to the owner of the real property as recorded
on the records of the Village Clerk-Treasurer.
(2)
Within 20 days of the notification to the owner of record of the
real property by the Village that the terms of the special permit
have been violated or that there are delinquencies in the payment
of real property taxes, a written objection or application may be
made thereon to the Board of Trustees.
(3)
The Board of Trustees shall have the powers and duties to review
the objection or application of the notice of revocation in accordance
with the following procedure:
(a)
A hearing shall be held by said Board on every objection or
application made to it under this section. A notice of such hearing
shall be given to the objectant or applicant at least 15 days before
the date of such hearing, except that at least 30 days' notice shall
be given of any hearing scheduled to be held during the months of
June, July and August.
(b)
At least 10 days before the date of any hearing, the Village
Clerk-Treasurer shall transmit to the Board of Trustees a copy of
any objection or application, together with a copy of the notice of
such hearing.
(c)
Every decision of the Board shall be recorded, shall set forth
the circumstances of the case and shall contain a full record of the
findings on which the decision is based. Every decision of the Board
shall be by resolution.
(d)
The Board may decide an objection or application at the hearing,
reserve decision thereon or continue the objection or application
to a subsequent occasion. The decision of the Board is final.
[Added 7-18-1966]
Any and all machines, devices, appliances or
units designed for the heating, cooling, dehumidification or ventilation
of more than one room in a dwelling unit which are operated by a motor
or motors shall be so installed that, at the nearest property line
of such dwelling unit, the noise level between the hours of 8:00 p.m.
and 8:00 a.m. will not be greater than 45 decibels as defined by the
American Standard for Sound Level Meters, S-4-1961, Weight A Measurement,
as measured by such a sound-level meter or calibrator at said nearest
property line.
A.
Except as specified hereinafter, the lot area, width
and depth requirements for each district shall not be less than as
follows:
[Amended 6-26-2003 by L.L. No. 7-2003]
|
Minimum Lot Requirements
| ||||
|---|---|---|---|---|
|
District
|
Area
(square feet)
|
Width
(feet)
|
Depth
(feet)
| |
|
1-Family Residence 1F-80
|
80,000
|
250
|
200
| |
|
1-Family Residence 1F-60
|
60,000
|
200
|
200
| |
|
1-Family Residence 1F-40
|
40,000
|
150
|
150
| |
|
1-Family Residence 1F-20
|
20,000
|
100
|
125
| |
|
1-Family Residence 1F-10
|
10,000
|
85
|
100
| |
|
1-Family Residence 1F-5
|
5,000
|
50
|
100
| |
B.
The lot width shall be measured as follows:
(1)
For lots fronting on straight streets: along the street
line, provided that the width of such lots along the building line
shall be at least equal thereto.
(2)
For lots fronting on the inside arc of curved streets:
along the street line, provided that the width of such lots measured
along the building line is not reduced below a radial projection of
the lot frontage.
(3)
For lots fronting on the outside arc of curved streets,
including those fronting on the outside arc of vehicular turning circles
at the end of dead-end streets: along the building line, provided
that the street frontage of such lots is not reduced below a radial
projection of the width along the building line.
[Amended 4-1-1974; 3-15-1993 by L.L. No. 1-1993]
C.
The minimum required lot depth may be decreased by
15% if the average depth of the lot equals or exceeds such minimum.
D.
Flag lots.
[Added 8-18-2003 by L.L. No. 17-2003]
(1)
Where the street line of an existing lot is of lesser
width than the required width of lot for the district in which it
is situated, this portion of the lot (hereinafter referred to as the
"access strip") shall be not less than 25 feet in width at any point.
The Planning Board may require, as a condition of approval of a site
plan, that the driveway be sufficient for ingress and egress of all
traffic, that the driveway be graded, drained and paved or otherwise
improved and that suitable landscaping be provided to screen the access
strip from adjacent properties and may require any other measures
it deems appropriate.
(2)
This section shall apply to lots in existence as of
August 18, 2002, that are separate tax parcels or subdivided lots.
A.
Except as otherwise required or as specified below,
front, side and rear yards shall be required on each lot in accordance
with the following regulations for each district:
[Amended 6-26-2003 by L.L. No. 7-2003]
|
Minimum Required Yards
(feet)
| ||||
|---|---|---|---|---|
|
District
|
Front
|
Side
|
Rear
| |
|
1-Family Residence 1F-80
|
75
|
50
|
75
| |
|
1-Family Residence 1F-60
|
60
|
30
|
60
| |
|
1-Family Residence 1F-40
|
50
|
25
|
40
| |
|
1-Family Residence 1F-20
|
35
|
15
|
35
| |
|
1-Family Residence 1F-10
|
30
|
15
|
30
| |
|
1-Family Residence 1F-5
|
30
|
10
|
30
| |
|
NOTE: In the case of an irregular lot, the determination
as to what constitutes a side or rear yard shall be made by the Building
Inspector.
| ||||
B.
Exceptions to yard requirements.
(1)
The required minimum front and side yard dimensions
may be reduced by 20% if the planes of all walls of a building facing
a street or side lot line respectively intersect such line at a minimum
angle of 25º or more.
(2)
In the case of a corner lot, one yard adjoining a
property line other than a street line shall be deemed to be a rear
yard.
(3)
In the case of a dwelling erected without a garage
in a 1F-40, 1F-20 or 1F-10 Residence District, the width of one side
yard shall be increased 12 feet.
(4)
Cornices or cantilevered roofs may project not more than 2 1/2
feet into a required yard. Belt courses, windowsills and other ornamental
features may project not more than six inches into a required yard.
[Amended 4-7-2014; by L.L. No. 9-2014; 11-3-2014 by L.L. No. 15-2014]
(5)
Patios, paved terraces, steps and walks may project into a required
yard, provided that patios, paved terraces, and steps and walks, other
than such as are needed for access to the buildings on the lot, shall
not project within 15 feet of a street line or four feet of a property
line.
[Added 4-7-2014 by L.L. No. 9-2014]
(6)
The Planning Board may permit driveways to project into a required
yard, provided that they shall not project within four feet of a side
lot line or within 15 feet of a rear lot line.
[Added 4-7-2014 by L.L. No. 9-2014]
(7)
Fences and walls. Except as provided in § 224-48 (NOTE: Section 224-48 regulates visibility at intersections.) hereof, fences or walls not over 6 1/2 feet in height may be erected anywhere on the lot. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings.
[Added 11-3-2014 by L.L. No. 15-2014]
(8)
Deer exclusion fences. Notwithstanding Subsection B(7) above, deer exclusion fences may be erected anywhere on the lot, except as provided in § 224-48 hereof, provided all of the following requirements are met:
[Added 11-3-2014 by L.L. No. 15-2014]
(a)
The fence may not exceed eight feet in height.
(b)
The fence may be no closer to the street than the main facade
of the house facing the street.
(c)
If the fence is in a required yard, the Architectural Review
Board may require that it be screened by vegetation to conceal the
fence and/or diminish its mass. If new vegetation is required, it
must be installed simultaneously with the fence. The ARB may require
a bond to insure the survival of new plantings.
(d)
The fence material must be black coated wire weld or black coated
woven wire. The fence posts must be either round or square black metal
fence posts with a minimum diameter or width of two inches or round
or square wood posts with a minimum diameter or width of four inches.
Fence posts must be equal to the height of the fence, spaced no greater
than eight feet on center, and set in concrete.
(e)
The ARB may waive the requirements of Subsection B(8)(d) for a deer exclusion fence surrounding a garden plot or similar limited area, as long as no portion of the fence is located in a required yard.
(f)
Electric or energized fencing is prohibited.
(g)
An application for the fence must be made to the Board of Architectural
Review (ARB) and must include a survey showing the perimeter of applicant's
property, photographs sufficient to permit the ARB to evaluate the
on-site and nearby off-site conditions, a sample of the fencing material,
and the required application fee.
(h)
Notice of such application must be given to all adjacent property
owners (including those across a street) at least two weeks prior
to the ARB meeting at which it is to be considered. Proof of such
notice must be submitted at or prior to the ARB meeting.
(i)
The ARB must make a finding that the proposed fence will not
adversely impact neighboring properties or the character of the neighborhood.
(9)
Sheds
that do not have a paved foundation and are not greater than 64 square
feet in area or 10 feet in height and have no side longer than 10
feet, and children's outdoor recreational apparatus, may be erected
anywhere on the lot, except:
[Added 5-16-2022 by L.L. No. 4-2022]
C.
Paved terraces, steps and walks, other than such as
are needed for access to the buildings on the lot, shall not project
within 15 feet of a street line or four feet of a property line.
[Amended 2-27-1989 by L.L. No. 3-1989; 4-7-2014 by L.L. No. 9-2014]
Except as permitted below, no accessory building
shall project nearer to the street on which the principal building
fronts than such principal building. If topographic conditions are
such that practical difficulties would be caused by this requirement
with respect to the location of garages, the Planning Board may permit
the erection of such garages within not less than 10 feet of the street
line where the natural slope of the ground within 25 feet of such
line is between 12% and 20% and within not less than five feet of
the street line where such slope within 25 feet of such line exceeds
20%. The limitations of this section shall not apply to driveways.
[Amended 6-1-1987; 2-27-1989 by L.L. No. 3-1989; 4-25-2011 by L.L. No. 4-2011]
A.
General provisions. Except as provided in § 224-8D hereof, the sum of all areas covered by all principal and accessory buildings in one-family residence districts shall not exceed the following:
[Amended 6-26-2003 by L.L. No. 7-2003]
|
District
|
Maximum Coverage
| |
|---|---|---|
|
1F-80
|
6.75% of the first 80,000 square feet, plus
2% of the amount by which the area of the lot exceeds 80,000 square
feet
| |
|
1F-60
|
8.33% of the first 60,000 square feet, plus
2% of the amount by which the area of the lot exceeds 60,000 square
feet
| |
|
1F-40
|
12% of the first 40,000 square feet, plus 4%
of the amount by which the area of the lot exceeds 40,000 square feet
| |
|
1F-20
|
16% of the first 20,000 square feet, plus 6%
of the amount by which the area of the lot exceeds 20,000 square feet
| |
|
1F-10
|
20% of the first 10,000 square feet, plus 12%
of the amount by which the area of the lot exceeds 10,000 square feet
| |
|
1F-5
|
24% of the first 5,000 square feet, plus 16%
of the amount by which the area of the lot exceeds 5,000 square feet
|
B.
Oversized lots. Notwithstanding Subsection A of this section, the sum of all areas covered by all principal and accessory buildings in lots located in 1F-5, 1F-10 and 1F-20 Districts shall not exceed that which would be permissible under Subsection A if the lot were located in the district having the largest minimum lot size smaller than the area of the lot. For example, the coverage permitted on a site of 50,000 square feet in an 1F-10 District would be determined by reference to the maximum coverage in the 1F-40 District and therefore would be 5,200 square feet (12% of the first 40,000, or 4,800, plus 4% of 50,000 minus 40,000).
C.
For purposes of determining coverage, driveways shall
not be considered as principal and accessory buildings.
[Amended 6-26-2003 by L.L. No. 7-2003]
For each dwelling on any lot, there shall be
provided in 1F-80, 1F-60, 1F-40, 1F-20 and 1F-10 Districts not less
than two spaces and in 1F-5 Districts not less than one space for
the parking or garaging of passenger automobiles. Such spaces shall
be directly accessible to a street. The provision of parking spaces
within the front yard or within eight feet of any property line other
than a street line is prohibited, except that in 1F-5 Districts, such
parking space may be provided within the side yard. For lots located
in the 1F-80, 1F-60, and 1F-40 Districts, no more than three passenger
automobiles may be garaged. In the 1F-20 and 1F-10 Districts, no more
than two passenger automobiles may be garaged.
