[Added 9-13-2022 by L.L.
No. 3-2022[1]]
[1]
This local law also stated: "It is the intention that the existing provisions of Chapter 43 of the Town Code shall apply to all properties located within the Hamlet of South Nyack unless expressly set forth otherwise in this local law. To the extent that reference to and applicability of other sections of Chapter 43 of the Town Code is necessary to interpret or implement the provisions of Article XVIII, such reference and applicability is hereby authorized without the necessity of specific reference by the other provisions of Chapter 43 to this Article XVIII.
The Village of South Nyack was officially dissolved and incorporated into the Town of Orangetown on March 31, 2022. The Town Board of the Town of Orangetown has determined that certain supplemental zoning regulations, including definitions specifically applicable to the former Village of South Nyack, should be incorporated into the Town of Orangetown Zoning Law through the establishment of a new Article XVIII.
A.
Applicability. For the purposes of this article, the following terms shall specifically apply to applicable policy and terms found in Article XVIII of this chapter and the Hamlet of South Nyack Use, Bulk and Parking Table, referenced in § 3.13 of this chapter, and shall have the meanings herein indicated. All terms found in Article XVIII of this chapter and not defined in § 18.12, Terms defined, shall have the meanings indicated in Article XI of this chapter, if so defined.
B.
Word usage. For the purposes of this article, the words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation or partnership as well as an individual; the word "lot" includes the words "plot" and "parcel." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used." Words not defined in this article and also not defined in Article XI of this chapter shall carry their customary and dictionary meanings.
As used specifically in this article, the following terms shall
have the meanings indicated:
An apartment house of six or more stories.
An apartment house of two stories through five stories.
The portion of a building between the top of uppermost floor
construction and the underside of the roof construction.
The area bounded by the required yard setbacks and allowed
height of building, within which a building may be constructed, and
which shall not include any easement unless specifically allowed by
the easement. Where subdivision or site plans show the buildable envelope,
its outline shall conform to this definition.
The height of a building shall be measured from the average
elevation of the proposed finished grade or the existing grade on
all sides of the building, whichever is lower, to the highest point
of the roof, exclusive of any chimneys.
An annually renewable written authorization from the Building
Inspector for a use allowable under this certificate category.
That percentage of the plot or lot area covered by the principal
building, accessory buildings, decks, porches, and any surface impervious
to water, including but not limited to concrete, asphalt, brick, macadam,
asphalt or paving stone.
A building containing three or more dwelling units.
A detached building having single ownership and containing
two dwelling units, one of which contains no more than 1/3 of the
floor space of the building, so that the appearance of the building
is similar to a single-family house, and where the second unit is
designed to have less density of use than the primary dwelling unit.
The lineal footage actually abutting a street.
The total horizontal area included within the property lines
of a lot, except that for any minimum lot area specified in this article,
the area shall be adjusted as set forth in § 18.32, Development
of hillsides.
The lot area reduced by the percentage set forth in § 18.32,
Development of hillsides, if any. Adjusted lot area shall be used
for the minimum lot area and maximum lot coverage bulk requirements.
That ground area open to the sky and on the same lot with
a building or buildings, and which is landscaped and/or devoted to
outdoor recreation or sitting space.
An off-street space, enclosed or unenclosed, available for
the parking of one motor vehicle and having direct access to a street
via a curb cut, not inhibited by another parking space.
An outdoor floor structure built at ground level with no
permanent roof, constructed mostly of stone, bricks or cement, at
least five feet in width and five feet in length, and which does not
serve primarily as a walkway from one part of the property to another.
The dimensions of a patio are not included in the dimensions of any
building that it may adjoin.
A structure attached to a principal or accessory building,
consisting of a floor covered by a roof and with at least one side
mostly open to the adjoining yard, that is at least five feet in width
and five feet in length, accessible directly from the building to
which it is attached, and which does not serve primarily as a walkway
from one part of the property to another. The dimensions of a porch
shall be included in the dimensions of the building to which it is
attached.
An institution that is not "public" which offers to its students
formal education in arts, sciences or humanities, and is chartered
by the Board of Regents of the University of the State of New York,
and which is composed of multiple structures and land uses on a lot
or lots aggregating more than five acres.
A person who renders services, rent, or other compensation
in consideration of occupancy in or upon the premises, is not a member
of the resident family of the dwelling unit, as defined in this chapter,
has the exclusive use of only a bedroom within the dwelling unit and
shall have use of the kitchen, dining room, living room and other
facilities of the dwelling unit in common with other residents.
An institution under the jurisdiction of a school district
and legally constituted by the State of New York to offer free formal
education to residents of the district.
The vertical distance from a floor to the top surface of
the floor next above. The height of the topmost story is the maximum
distance from the top surface of the floor to the top surface of the
ceiling joists.
Any permanent, nonportable pool, installed above or below
ground, which contains water to be used for swimming or bathing. As
used herein, the word "pool" shall be synonymous with the words "swimming
pool."
SWIMMING POOL, PRIVATEA swimming pool, and its incidental apparatus and equipment, located on a lot as an accessory use to a residence, and maintained by an individual for the sole use of his household and guests, without charge and with no purpose of profit.
SWIMMING POOL, OTHERA swimming pool regularly used by several families who pay a fee or charge, directly or indirectly; or a pool operated by a private club for its members; or any commercial or community pool; or a pool serving dwelling groups or multiple dwellings.
Any type of construction or equipment used in connection
with or surrounding a swimming pool, including a deck or paved area.
Subdivisions shall revert to and be subject to Town of Orangetown Town Code Chapter 21, Land Development Regulations. Furthermore, any nonresidential development generally shall revert to and be subject to Town of Orangetown Town Code Chapter 21A, Site Development Plan Approval.
18.21.
Sale of arts, crafts and antiques; general or professional office.
Any premises within the Hamlet of South Nyack used in whole or in
part for the sale of arts, crafts and antiques shall be subject to
the following regulations:
(1)
Only the first floor of the premises shall be used for the sale
of arts, crafts and antiques.
(2)
There shall be no substantial change in the external appearance
of the premises, and the premises shall be continuously maintained
in good condition and repair.
(3)
The outdoor display either on the porch, sidewalk or in the
yard of premises used for the sale of arts, crafts and antiques shall
be prohibited.
(4)
If a portion of the premises is used as a dwelling, the dwelling
units shall have an unobstructed access to the outdoors completely
independent from the area of the building used for the sale of arts,
crafts and antiques.
(5)
That portion of the premises used for the sale of arts, crafts
and antiques shall not be used for cooking or for the sale of food.
No vending machines shall be permitted on the premises.
(6)
No loose refuse shall be stored outdoors at any time.
(7)
There shall be no manufacturing, brazing, soldering, welding,
storage or use of inflammable liquids or use of open flames on the
premises.
(8)
Any overnight occupancy of the area of the premises used for
the sale of arts, crafts and antiques, or as a professional office,
shall be prohibited.
(9)
No premises shall be used for the sale of arts, crafts and antiques,
or as a general or professional office, unless an annual certificate
is obtained from the Building Inspector stating compliance with the
New York State Uniform Fire Prevention and Building Code and the Zoning
Law.
(10)
All storage areas shall be inspected annually by the Building
Inspector or Code Inspector to ensure clear access to all means of
egress and full compliance with all relevant codes and laws.
(11)
If the first floor of such premises ceases to be used for the
sale of arts, crafts and antiques, or as a general or professional
office, it shall thereafter be used to house only one family.
(12)
Off-street parking for employees and/or tenants shall be provided,
in the rear and/or one side yard, behind the front building line,
and shall be screened from adjoining properties.
18.22.
Community residence facilities. Community residential facilities
shall be subject to Town Board approval as to site selection pursuant
to § 41.34 of the Mental Hygiene Law (Padavan), as may be
amended.
18.23.
Signage.
(1)
Signage will be consistent with the Sign Law of the Town of Orangetown, Chapter 31C, and with this Chapter 43, Zoning. The number and size of accessory signs for each South Nyack (SN) zoning district is provided as follows, thereby providing a framework for the regulation of signage in SN zoning districts. No sign or advertising structure shall be erected, moved, enlarged or reconstructed without a permit first having been obtained from the Building Inspector.
(2)
Permitted signs in residence districts. Unless otherwise indicated,
one nonilluminated nameplate or professional sign with an area on
one side of not over two square feet.
(a)
In the SN-HRA District, up to three nonilluminated property
organization identification signs with an area on a side of not over
nine square feet.
(b)
In the SN-RG-A, SN-R-O and SN-RG-OA Districts, provided that
they are accessory to a principal use on the premises:
[1]
One nonilluminated nameplate or professional sign
per office, with an area of not over two square feet.
[2]
One indirectly illuminated bulletin board or announcement
or identification sign for educational or religious institutions,
with an area on a side of not over 12 square feet, provided that such
sign is located not nearer than 20 feet to any street or property
line or is attached to the building if closer.
[3]
One indirectly illuminated identification sign,
with an area on a side of not over 12 square feet, or in the SN-RG-OA
District, two nonilluminated identification signs with an area on
a side of not over 24 square feet, provided that such sign is located
not nearer than 20 feet to any street or property line or is attached
to the building if closer.
(3)
Permitted signs in nonresidential districts, accessory to a
principal use on the premises:
(a)
In the SN-B-1 District, not more than one identification sign
for each tenant on the premises on each wall fronting on a street,
provided that the area, in square feet, of any signs on any wall shall
not be greater than two times the width in feet of the storefront
or commercial establishment to which the sign refers; and such sign
or signs shall be parallel to the face of the building; and no part
thereof, including any illuminating devices, shall project more than
12 inches beyond the face of the wall to which applied nor any distance
beyond or above the building in any other direction.
(b)
In the SN-RGLSO District, one indirectly illuminated sign external
to the building, with an area on a side of not over 20 square feet;
plus one wall sign not exceeding 16 square feet.
18.24.
Place of worship.
(1)
A place of worship may have a tower, steeple or similar structure
extending above the roof to no higher than 50 feet, provided that
no part of this tower shall be closer than 40 feet to any adjoining
nonpublic property line.
(2)
A side yard adjoining any dwelling's property shall be minimum
of 30 feet. Otherwise, it shall be equal to that required for a one-family
dwelling.
(3)
A rear yard adjoining any dwelling's property shall be minimum
of 40 feet. Otherwise, it shall be equal to that required for a one-family
dwelling.
18.25.
General and professional offices, funeral parlors and sale of
arts, crafts and antiques in SN-RG-OA Districts.
18.31.
Bulk standards for development of unsuitable land.
(1)
Land which the Planning Board finds to be unsuitable for subdivision
or development due to flooding, improper drainage, steep slopes, rock
formations, utility easements or other features which will reasonably
be harmful to the safety, health and general welfare of inhabitants
of the land and surrounding areas shall not be subdivided or developed
unless adequate methods are formulated by the developer and approved
by the Planning Board, upon recommendation of the Town Engineer, to
solve the problems created by the unsuitable land conditions.
(2)
As part of any minimum lot area requirement and maximum lot
coverage requirement, not more than 50% of any land under water, subject
to or within the 100-year-frequency floodplain, or designated wetlands
shall be counted. In addition, at least 50% of the minimum lot area
shall be unencumbered by land under water, the 100-year-frequency
floodplain or a designated wetland. Any construction on such land
shall be limited to the maximum lot coverage calculated on the amount
of countable square footage, if any.
18.32.
Development of hillsides.
(1)
The future development of the hillside areas in the Hamlet of
South Nyack is a problem of increasing urgency. The hillsides bypassed
until now as too costly on which to build are virtually the last substantial
areas for residential development in the Hamlet of South Nyack, and
proposals for their use are beginning and can be expected to increase
in the future. In the past, a large amount of cutting and filling
was frequently done to get the maximum number of lots from a hilly
piece of land. In the Hamlet of South Nyack, where steep hills are
also characterized by droughty and shallow to bedrock soils, filling
operations often entail the destruction of a great deal of the natural
vegetation, disrupt the natural drainage pattern and cause excessive
amounts of erosion. To prevent these problems and to preserve the
present character of the Hamlet's hillside areas, the Planning Board
shall use the following slope formula, based upon the existing contours
of the land, to determine the lot area credit toward the minimum area
requirement.
(2)
Based upon the following table, the application of the minimum lot area requirements in Article III herein shall be limited by the percentage factors shown below:
|
Slope* of Area Prior to Cut and Fill Operations
|
Percent of Lot Survey Area to Be Credited to Meet Bulk Regulations
for Each Lot
|
|---|---|
|
0% to 15%
|
100%
|
|
16% to 25%
|
60%
|
|
26% to 35%
|
40%
|
|
36% and over
|
0%
|
|
*
|
Note: Degree of slope to be certified by the applicant's licensed
engineer, subject to review by the Town Engineer.
|
18.33.
Bulk requirements applicable to SN_R-18, SN_R-12, SN_R-8H/R-12H,
SN_RG-6, SN_RG-4, SN_RG-A, SN_RG-OA, and SN_R-O Residence Districts.
The following bulk requirements shall apply to the SN_R-18, SN_R-12,
SN_R-8H/R-12H, SN_RG-6, SN_RG-4, SN_RG-A, SN_RG-OA, SN_R-O and SN_RGLSO
Residence Districts.
(1)
Accessory buildings. An accessory building may be located in
any required side or rear yard required for the principal building,
but shall not occupy more than 30% of the area of such required rear
or side yard. Accessory buildings constructed at the same time may
be located in pairs or groups in the required rear or side yard along
the common side-lot line or rear-lot line of contiguous lots. No accessory
use shall be located closer than 15 feet to any principal use.
(2)
Relation of accessory buildings to streets. No accessory building
shall project nearer to the street on which the principal building
fronts than such principal building. Should topographic conditions
be such that practical difficulties would be caused by this requirement
with respect to the location of a garage, the Planning Board may authorize
the erection of such garage 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%.
(3)
Corner lots. On a corner lot, front yards are required on both
street frontages, and one yard other than the front yard shall be
deemed to be a rear yard, and the other or others, side yards. The
minimum district requirements for each shall be complied with.
(4)
Exceptions to lot depth requirements. The minimum lot depth
at any point may be decreased by the Planning Board through site plan
review to 75% of the minimum requirement if the average depth conforms
to the minimum requirement.
(5)
Exceptions to yard requirements.
(a)
Permitted encroachments. Cornices or cantilevered roofs may
project not more than two feet into a required yard. Belt courses,
window sills and other ornamental features may project not more than
six inches into a required yard.
(b)
Existing setback. No proposed one-family or two-family dwelling
need have a front yard greater than the average setback of the two
adjacent existing dwellings if they are located within 50 feet on
each side of said proposed dwelling, on the same side of the street
and within the same block and the same district.
(c)
Steep slopes. Where the presence of steep slopes would produce
extraordinary site clearance, blasting, or removal of hillsides to
meet yard requirements, the Planning Board may modify any yard requirement,
up to 50% for any yard, provided that an equivalent area is provided
in other yards on the same lot. In making a determination with respect
to this subsection, the Planning Board shall give consideration to
the preservation of views from adjoining residences. Where the Planning
Board has thus modified the yard requirement, any such yard shall
thereafter be deemed to conform to the bulk and area requirements.
18.34.
Protection of right to sunlight. In order to protect access
to sunlight for neighboring properties, along the northern-facing
lot line of any parcel, for a minimum continuous distance of 25 feet,
no structure, fence or building shall be built within 15 feet of the
lot line, with any part of it having a height greater than six feet
above ground level.
18.35.
Maximum building height applicability. In considering maximum
height per Hamlet of South Nyack General Use, Bulk and Parking Regulations,
per Figure 1, when considering a front yard setback variance for any
structure, allowable roof height to the topmost extremity shall not
extend above a line drawn from 5 1/2 feet above the nearest point
on the front lot line to a point 30 feet above the required front
yard setback. An exception to this limit may be granted only if there
is no other feasible alternative and if the balancing of benefits
to the applicant if granted, versus benefits to the community if not
granted, weigh strongly in favor of the applicant.
 |
18.36.
Swimming pools. The following restrictions and regulations apply
to the construction of all swimming pools.
(1)
A private pool structure and deck shall conform to setback regulations.
(2)
A private pool structure and deck shall conform to setback regulations
for an accessory building in the district in which it is located.
The water container part of the pool structure shall be set back a
minimum of 10 feet from all property lines. All other pools shall
be set back not less than 20 feet from all property lines. The pool
shall be screened from the neighboring property by use of shrubs,
trees and other appropriate screening material.
(3)
Each application for site development plan approval to construct
or erect a swimming pool, and/or a structure surrounding it, shall
be accompanied by plans drawn to scale, large enough and in sufficient
detail to show:
(a)
A plot plan of the property on which the pool and/or structure
is to be placed, showing location in reference to side lines, rear
lines and other buildings on the lot.
(b)
Pool dimensions, including depth.
(c)
Specifications and plans of the structure.
(d)
Wastewater disposal and electrical wiring.
(e)
An estimate of cost of pool and/or structure.
(f)
The location of the fence.
(g)
Whether the pool is for "private" or "other" use.
(h)
Lighting plans, if any.
(i)
A grading plan.
(4)
No swimming pool or related structure shall be constructed or
erected unless a building permit has been issued therefor by the Building
Inspector.
18.41.
Private schools; private education campuses; and philanthropic
and charitable institutions. The following requirements apply to private
schools; private education campuses; and philanthropic and charitable
institutions:
(1)
Private schools. Any private school for more than 100 students
shall occupy a lot which shall have an area of not less than two acres.
(2)
No building or part thereof shall be erected nearer than 20
feet to any street or property line. Any sports or athletic facility
building or part thereof shall not be erected nearer than 150 feet
to any street or property line which abuts another use.
(3)
The sum of all areas covered by all principal and accessory
buildings shall not exceed 35% of the area of the lot.
(4)
Access, circulation and parking shall be subject to site plan
review by the Planning Board in regard to the physical relationship
and impact upon adjacent uses.
(5)
Buildings shall be so located on the site as to allow for adequate
access for emergency vehicles.
18.42.
Mass transit and public utility rights-of-way and structures.
The following requirements apply to mass transit and public utility
rights-of-way and structures:
(1)
Only rights-of-way or structures necessary to serve areas within
the Hamlet of South Nyack will be permitted.
(2)
In granting a special permit, the Board may impose such conditions
as it deems necessary in order to protect and promote the health and
safety and general welfare of the community and the character of the
neighborhood in which the proposed structure is to be constructed.
18.43.
Conversion of existing building to multifamily dwellings in
SN_R-O or SN_RG- OA Districts. The following requirements shall apply
to the conversion of an existing building to a multifamily dwelling
in SN_R-O or SN_RG-OA Districts:
(1)
The structure shall be in existence on September 29, 2005. [NOTE:
September 29, 2005, is the date that the Village of South Nyack Local
Law No. 2 of 2005, Chapter 330, Zoning, was filed with the Secretary
of State.]
(2)
The building shall not be enlarged.
(3)
Dwelling units shall not be placed on any floor of a building
containing a professional office.
(4)
Dwelling units shall have unobstructed access to the exterior
without affecting professional offices.
(5)
Dwelling units shall have a minimum of 300 square feet, and
a maximum occupancy of one person per 150 square feet within each
dwelling unit.
(6)
All parking shall be in the rear yard.
(7)
Not more than 40% of the rear yard shall be covered with an
impervious surface.
18.44.
Agency group home (non-Padavan). The following requirements
apply to agency group homes (non-Padavan):
(1)
Said home shall be set up in size, appearance and structure
to bear the general character of a family unit in a relatively permanent
household. As such, it shall not permit transients or transient living.
(2)
Said home shall conform with and shall be maintained in accordance
with the overall character and appearance of the surrounding neighborhood.
No sign that advertises the use or occupancy of said home shall be
erected.
(3)
Said home shall be provided with an outdoor recreation area,
suitably enclosed with a fence or hedge. Said area shall be a minimum
of 25 square feet per each occupant of the home and shall not be located
nearer than 15 feet to any lot line or street line.
(4)
No home shall be permitted within 3,000 feet of any other similar
type home.
(5)
The following information shall be submitted to the reviewing
board at the time of the application for the special permit:
(6)
The special permit shall expire immediately upon any change
in the nature or type of operation of any approved home.
18.45.
Professional offices or studios. The following requirements
apply to professional offices or studios:
(1)
Professional offices or studios include but are not limited
to those of an architect, artist, dentist, engineer, lawyer, musician,
teacher, therapist or physician.
(2)
Veterinarian's offices shall not be considered a professional
office or studio.
(3)
Except in the SN_R-4A, SN_R-O and SN_RG-OA Districts, such office
or studio shall be incidental to the residential use of the premises
and shall be carried on by a resident therein with not more than two
nonresident assistants/associates/employees.
(4)
Except in the SN_R-4A District, such office or studio, wherever
located, shall not occupy an area equal to more than 35% of the area
of the largest floor of the principal building.
(5)
Studios where dancing, music, or martial arts instruction is
offered to groups in excess of four pupils at one time are prohibited.
(6)
Adequate off-street parking and loading shall exist. However,
the parking requirements for professional offices or studios shall
not apply to the SN_R-4A District due to the large overall lot size
in this district that inherently provides adequate off-street parking
space for these uses.
(7)
No noise, vibration, smoke, dust, odors, heat, glare or similar
nuisance shall be produced which can be perceived at any adjacent
street or property.
18.46.
Professional offices in SN_R-O and SN_RG-OA Districts. All requirements
of § 18-45 of this article, shall apply to professional
offices in SN_R-O and SN_RG-OA Districts, in addition to the following:
(1)
No more than one story or one suite, whichever is less, may
be devoted to such use.
(2)
The building shall front on South Broadway.
(3)
Professional offices shall be limited to a floor at the South
Broadway level.
(4)
All parking shall be in the rear yard.
(5)
Not more than 80% of the rear yard shall be covered with an
impervious surface.
(6)
All vehicular access for properties with frontage on South Broadway
shall be from South Broadway.
(7)
There shall be no substantial change in the external appearance
of the premises.
(8)
Solid waste receptacles shall be in enclosures not visible from
a public street.
18.47.
Private boat or yacht club. Private boat or yacht clubs shall
be restricted to properties with a minimum of 300 feet of continuous
river frontage.
