This chapter shall be known and may be cited
as the "Zoning Law of the Village of Bronxville, New York."
[Amended 2-14-2000 by L.L. No. 1-2000]
Pursuant to Article 7 of the Village Law, the
intent of this chapter is to establish comprehensive controls for
the use and development of land in the Village of Bronxville, based
on the general plan for the Village, in order to promote and protect
the health, safety, comfort, convenience and general welfare of the
people. No provisions of this chapter shall apply to any proprietary
or governmental use of the Village of Bronxville.
As used in this chapter, unless the context
or subject matter otherwise requires, the following terms shall have
the following meanings:
An advisor to the Planning Board of the Village.
A multiple residence for persons 62 years of age or older
and their spouses, composed of individual dwelling units, having access
to communal facilities through a common lobby.
[Added 3-11-1996 by L.L. No. 1-1996]
A public way having a width of less than 40 feet.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or plumbing, as well as any change in doors, windows, means of ingress
or egress, or any enlargement to or diminution of a building or structure,
whether horizontally or vertically, or the moving of a building or
structure from one location to another. Minor repairs and maintenance
shall not be considered alterations.
[Added 1-11-2021 by L.L.
No. 2-2021]
A developer (as defined for purposes of this chapter) submitting
an application for development.
The application and all accompanying documents required by
this chapter for approval of a development.
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
[Added 1-11-2021 by L.L.
No. 2-2021]
Any space situated wholly or partly between the roof and
the top habitable story of a building.
[Added 4-14-2003 by L.L. No. 2-2003]
A reference plane representing the average of the finished
ground level adjoining the building at all exterior walls.
[Added 4-14-2003 by L.L. No. 2-2003]
A commercial bank, savings bank, savings and loan association,
credit union, trust company, finance company, mortgage company, or
investment company. Automatic teller machines, point-of-sale terminals
and similar facilities located as incidental services in other kinds
of retail facilities shall not be deemed to be in the foregoing categories.
[Amended 7-12-2004 by L.L. No. 3-2004]
That space of a building, which is partly below grade, which
has more than half of its height, measured from floor to ceiling,
above the average finished grade of the ground adjoining the building.
A basement shall be considered a story if the finished surface of
the floor above the basement is:
[Amended 4-14-2003 by L.L. No. 2-2003; 1-11-2021 by L.L. No. 2-2021]
More than six feet above the average finished grade;
More than six feet above the finished ground level adjoining
the building for more than 50% of the total building perimeter;
More than 12 feet above the finished ground level adjoining
the building at any point; or
More than six feet above the finished ground level adjoining
the building at any point along any side of a building that faces
a front yard.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the lot on which such sign is situated.
Any structure specifically having a roof supported by walls,
columns, piers, and any structural type of frame, and intended for
the shelter, housing, or enclosure of persons, animals, chattel, or
space. The term "building" shall include the term "building, accessory."
[Amended 1-11-2021 by L.L. No. 2-2021]
That percentage of the lot area covered by the combined area
of all buildings, accessory buildings, structures or accessory structures
on the lot.
[Added 1-11-2021 by L.L.
No. 2-2021]
A building whose use is related, but incidental and subordinate,
to that of the primary building on the lot. Accessory buildings include,
but are not limited to: garden house; tool house; storage shed; child's
playhouse; greenhouse; or private garage or carport for off-street
parking of passenger automobiles for residents living on the premises.
[Amended 1-11-2021 by L.L. No. 2-2021]
A business enterprise primarily engaged in the on-site preparation and sale of food and/or beverages, which may include the sale of ready-to-consume food and/or beverages which may be consumed in limited on-site seating. Carry-out food establishments shall be subject to the special permit provisions in § 310-42H. Carry-out food establishments shall not include fast-food restaurants as defined in § 310-3 of this chapter. The term "carry-out food establishment" shall not include groceries, food markets, bakeries or other similar business enterprises which do not include seating facilities.
[Amended 6-9-1997 by L.L. No. 2-1997; 1-8-2001 by L.L. No. 2-2001]
An area designated as a Central Business A Transition District, pursuant to Article IVA of this chapter.
[Added 6-28-2011 by L.L. No. 5-2011]
An application to the Board of Trustees to designate a parcel(s)
of real property to be within the Central Business A Transition District.
[Added 6-28-2011 by L.L. No. 5-2011]
The districts in the Zoning Law of the Village of Bronxville
designated as Central Business A and Service Business B districts.
An area designated as a Controlled Development District, pursuant to Article IV of this chapter, to permit planned and controlled development of the area not otherwise permitted by applicable zoning district regulations.
An application to the Board of Trustees for a Controlled
Development District.
That space of a building, which is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building.
[Amended 4-14-2003 by L.L. No. 2-2003]
Property owned by the owner of the premises for which provision
of parking is required.
The Comprehensive Plan of the Village adopted by the Board
of Trustees, as amended.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.[1]
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the curb level is
the average of the mean sea levels of the curb on the two intersecting
streets. Where a front yard setback of 25 feet or more is provided,
or where there are two or more buildings on a lot, the curb level
is the average level of the land immediately adjacent to the building,
prior to or after any excavation or fill, as may be determined by
the Superintendent of Buildings.
Calendar days.
An outdoor platform attached to the principal structure of
a building and built above the natural grade. A deck does not have
a roof and is exposed to the elements.
[Added 4-14-2003 by L.L. No. 2-2003]
The Design Review Committee of the Planning Board of the Village, established pursuant to Article VIII of this chapter.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or any other person
having an enforceable proprietary interest in such land.
The subdivision of land, the clearance or alteration of land,
the construction, demolition, movement, external alteration or enlargement
of any building or other structure, including installation of an awning,
the construction or enlargement of any open parking area, accessory
or otherwise, the diversion, dredging or filing in of any water course,
floodplain or wetlands, or the change of use of any land or building
or other structure, for which permission is required pursuant to this
chapter.
A short, single-lane private road or way that is accessible
from a public street and that leads to a home or garage (or a portion
of a side or rear yard where parking is permitted, which may include
the portion of the driveway located in a side or rear yard), and including
the first 20 feet of any paved, cobbled, gravel-covered, or similarly
covered area located immediately in front of the portions of a multi-car
garage that contains a parking space.
[Added 1-11-2021 by L.L.
No. 2-2021]
A building or portion thereof containing more than one dwelling
unit.
A detached building containing one dwelling unit only.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A boardinghouse, convalescent home, dormitory, fraternity or
sorority house, hotel, inn, lodging house, nursing or other similar
home, or other similar structures shall not be deemed to constitute
a dwelling unit.
A facility used for or in support of education, instruction,
or research in any branch of knowledge, including private and public
elementary and secondary schools, colleges, and universities. "Educational
facility" shall not mean uses such as martial arts, dance, music instruction,
or craft studios, as these are defined as indoor recreation.
[Added 7-12-2004 by L.L. No. 3-2004]
One or more persons occupying a dwelling unit as a nonprofit
housekeeping unit. More than five persons, exclusive of domestic servants,
not related by blood, marriage or adoption, shall not be considered
to constitute one family unless such persons are the functional and
factual equivalent of a natural family.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding:
[Amended 1-11-2021 by L.L. No. 2-2021]
Roof areas;
Cellar and basement areas used only for storage or for the operating
and maintenance of the building;
Any areas devoted only to accessory off-street parking or loading;
and
Open porches, crawl spaces, unenclosed attached decks, and unconditioned
enclosed porches or breezeways.
A reference plane representing the average of the finished
ground level adjoining the building at all exterior walls. Where the
finished ground level slopes away from the exterior walls, the reference
plane shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the structure and a point six
feet from the building.
[Added 1-11-2021 by L.L.
No. 2-2021]
The gross square feet of space measured from the outside
of any exterior wall and the middle of any interior wall separating
the space to be measured from an adjoining space owned, leased, or
occupied by another and including that portion of the public areas
of the building that is included in the leased space and any equipment
such as air conditioning, ventilating, elevator shafts, and the like
which is within or appurtenant to the space as so defined.
[Amended 1-11-2021 by L.L. No. 2-2021]
A facility designed and used for body training, conditioning,
and rehabilitation, including activities such as aerobic and related
class exercises and which may contain equipment such as a sauna, steam
room, showers, exercise equipment, and locker facilities.
[Added 7-9-2018 by L.L.
No. 8-2018]
Any licensed physician, medical or dental practitioner and
any other person providing health care to humans.
For buildings the front wall of which is within
five feet of the street: the vertical distance in feet and in stories
measured from the curb level to the highest level of the roof surface
of roofs the slope of which is not more than one inch vertical to
one foot horizontal, or the mean point between the eaves and the highest
point of the roof if the roof is of any other type.
For buildings located in their entirety more
than five feet from the street line: the height in feet and in stories
shall be established by the Superintendent of Buildings in such a
way that no building shall be prevented from attaining at least at
one point the maximum height permitted in the district in which such
building is proposed to be erected, such height to be measured from
the elevation of the finished grade abutting such building at that
point.
For one-family dwellings: the vertical distance
from the average level of the finished grade along the wall or walls
of the building facing the street to the highest level of the roof
surface of roofs the slope of which is not more than one inch vertical
to one foot horizontal, or the mean point between the eaves and the
highest point of the roof if the roof is of any other type.
All beds in a hospital for human beings for the regular use
of patients overnight, except bassinets.
A building or part of a building in which living or sleeping
accommodations are used primarily for transient occupancy on a daily
basis to the general public, one or more common entrances serve all
such living or sleeping units, and twenty-four-hour desk service is
provided, in addition to one or more of the following services: housekeeping,
telephone, or bellhop service, or the furnishing or laundering of
linens. Permitted accessory uses are restaurants or other public dining
facility, bars or lounges, public banquet halls, ballrooms, or meeting
rooms.
[Added 7-12-2004 by L.L. No. 3-2004]
A commercial establishment designed and equipped for the
conduct of sports, leisure activities and other recreational activities
wholly within an enclosed building.
[Added 7-9-2018 by L.L.
No. 8-2018]
Includes improvements and fixtures on, above or below the
surface.
A lot or parcel of land abutting on two or more streets at
their intersection or upon two parts of the same street forming an
interior angle of less than 135º.
For lots where the front and rear lot lines are parallel,
the minimum distance from the street line of a lot to the rear lot
line of such lot. For lots where the front and rear lot lines are
not parallel, the average length of lines from the front to rear lot
lines, measured every ten feet at right angles to the front lot line.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way.
In the case of a corner lot, the principal front lot line
is the front street line, as initially designated in an application
for a permit to erect or alter a building on such lot, or, if not
so designated, the street line from which the principal building is
set back the greatest distance, or, if such setback is equidistant
from two or more street lines, the street line which is nearest to
the main entrance of the principal building.
[Added 4-14-2003 by L.L. No. 2-2003]
The lot line generally opposite the front lot line; in the
case of a corner lot, the lot line generally opposite the principal
front lot line, or in the case of an irregularly shaped lot, a line
10 feet in length entirely within the lot, parallel to and at a maximum
distance from the front lot line.
[Amended 4-14-2003 by L.L. No. 2-2003]
Any lot boundary line which is not a front lot line or a
rear lot line.
[Added 4-14-2003 by L.L. No. 2-2003]
A parcel, tract or area of land, not necessarily coincident
with a lot or lots shown on a map of record, established or permitted
by law to be used, developed or built upon as a unit.
The width of a lot measured along a line drawn parallel to
the front lot line through the point of existing or proposed construction
nearest to such front lot line.
A member of the Planning Board of the Village.
A building the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment of this chapter
but which fails by reason of such adoption, revision or amendment
to conform to the regulations prescribed for the district in which
it is situated.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
which fails by reason of such adoption, revision or amendment to conform
to the present regulations prescribed for the district in which it
is situated.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails by reason of
such adoption, revision or amendment to conform to the present requirements
prescribed for the district in which it is situated.
Either term, as applied to a building, shall be construed
as though followed by the words "or intended, arranged or designed
to be occupied or used."
Land area open to the air, not occupied by any structures
and landscaped or left in its natural state. For example, open space
shall not include swimming pools, tennis courts, decks, patios, walkways,
driveways, carports, or parking lots, or areas dedicated to the use
of permanently installed equipment (such as air-conditioning or pool
equipment).
[Added 4-14-2003 by L.L. No. 2-2003;
amended 1-11-2021 by L.L. No. 2-2021]
A portion of an eating or drinking establishment (including,
but not limited to, bakeries and coffee shops) located on a public
sidewalk that provides waiter or waitress service to patrons. The
space on the sidewalk typically contains readily removable tables,
chairs, railings, waiter stations, etc. For the purposes of this section,
"readily removable" shall mean that no object or fixture which is
part of the outdoor eating area shall be leaded, cemented, nailed,
bolted, power riveted, screwed in or affixed, even in a temporary
manner, to either the sidewalk on which it is placed, to the building
or to any other structure it abuts.
[Added 7-13-2015 by L.L.
No. 4-2015]
A paved or surfaced space which is accessible and available
at all hours for the parking of one passenger car. The size shall
not be less than 18 feet long and 8 1/2 feet in width and the arrangement
of parking spaces shall be determined by regulation of the Planning
Board.
The Planning Board of the Village established pursuant to Article VIII of this chapter.
A map or maps of a subdivision or site plan.
When applied to a building, structure or premises, that portion
thereof which abuts an improved sidewalk and street which provides
the principal means of access to the interior of the building.
A business engaged in the preparation and sale of food and
beverages selected from a full menu by patrons seated at a table or
counter, served by a waiter or waitress and consumed on the premises.
The term "restaurant" does not include a bar, cabaret, carry-out restaurant
or fast-food restaurant.
A business enterprise primarily engaged in the sale of ready-to-consume
food and beverages generally served in disposable or prepackaged containers
or wrappers and where patrons usually select their orders from a posted
menu offering a limited number of specialized items, such as, but
not limited to, hamburgers, chicken, fish and chips, pizza, tacos
and hot dogs, which are prepared according to standardized procedures
for consumption either on or off the premises in a facility where
a substantial portion of the sales to the public is by drive-in or
stand-up service and cleanup is generally performed by the customer.
The term "fast-food restaurant" shall not include a carry-out restaurant.
An establishment engaged in selling goods, merchandise, and/or
services on premises to the general public at retail for personal
or household consumption or for business use. Such an establishment
may also provide services related to the products it sells, such as
an eyeglass store which provides eyeglass examinations, or a jewelry
store that fabricates or repairs jewelry it sells. Such an establishment
may have a retail food establishment as an accessory use located entirely
within the principal structure and with no exterior entrance of its
own.
[Added 7-12-2004 by L.L. No. 3-2004;
amended 1-8-2018 by L.L. No. 2-2018]
A dish antenna or equivalent device, the exclusive purpose
of which is to receive communication or their signals from orbiting
satellites, other extra terrestrial sources, or earth sources intended
to carry signals into the interior of a building.[2]
[Amended 6-9-1997 by L.L. No. 2-1997]
A development plan of one or more lots containing such information
as is required by this chapter.
That part of any building, inclusive of basements and cellars
where basements and cellars are defined as a story, and vehicular
parking levels, comprised between the level of one finished floor
and the level of the next-higher finished floor, or if there is no
higher finished floor, then that part of the building comprised between
the level of the highest finished floor and the top of the roof. Screened
rooftop parking will not be considered as a story.
[Amended 4-14-2003 by L.L. No. 2-2003; 1-11-2021 by L.L. No. 2-2021]
Any space partially or fully within the roof framing, where
the clear height of not more than 50% of such space between the top
of the floor beams and the structural ceiling level is five feet or
more. If the aggregate of such area exceeds 50% of the floor area
of the floor immediately below, such area shall be considered a full
story in computing the height of the building.
[Amended 4-14-2003 by L.L. No. 2-2003]
The dividing line between a lot and a street.
Any change in the supporting members of a building.
An assembly of materials forming any construction, framed
of component structural parts, for occupancy or use. The term "structure"
shall include the terms "building," "accessory building," and "accessory
structure."
[Added 1-11-2021 by L.L.
No. 2-2021]
A structure subordinate to the principal building on a lot,
used for purposes customarily incidental to those of the principal
building, and including, but not limited to, the following accessory
structures:
[Added 1-11-2021 by L.L.
No. 2-2021]
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The Superintendent of Buildings of the Village.
A building or part of a building devoted to showing motion
pictures, or for dramatic, dance, musical, or other live performances.
[Added 7-12-2004 by L.L. No. 3-2004]
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, which is initially designed
to be used for living or sleeping quarters. The term "trailer" shall
include such vehicles if mounted on temporary or permanent foundations
with the wheels removed.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on the
said lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all the said occupants
by means of access other than stairs.
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use be conducted in a principal
or accessory building.
The Superintendent of Public Works of the Village, unless
some other person shall have been appointed to such a position by
the Village.
An unoccupied ground area unobstructed by any structure,
exclusive of walls and fences, on a lot.
An unoccupied ground area between the front lot line and
any building, measured perpendicular to the building at the closest
point to the front lot line.
An unoccupied ground area between the rear lot line and any
building, measured perpendicular to the building at the closest point
to the rear lot line.
An unoccupied ground area between any lot line other than
a front or rear lot line and a line drawn parallel thereto and between
the front and rear yards.
[1]
Editor's Note: The definition of "coverage," which immediately
followed this definition, was repealed 1-11-2021 by L.L. No. 2-2021.
See now "building coverage."
[2]
Editor's Note: The definition of "separate building," which
immediately followed this definition, was repealed 1-11-2021 by L.L. No. 2-2021.
